Johnathan Austin Mayor-Council press conference

Last week, Birmingham City Council members learned that Mayor William Bell had submitted to state legislators suggested changes to the Mayor-Council Act adopted in 1962. "At no time in history has any mayor tried to undo what the citizens of Birmingham voted on more than 60 years ago," Council President Johnathan Austin said Monday during a press conference at City Hall. (Kelsey Stein | kstein@al.com)

Proposals to transfer power from the Birmingham City Council to the mayor would upset checks and balances while giving the mayor dangerous and unlimited authority, Council President Johnathan Austin said Monday.

Last week, council members learned that Mayor William Bell had submitted to state legislators, including Rep. Oliver Robinson, suggested changes to the Mayor-Council Act adopted in 1962.

The suggestions include making the mayor, not the council, responsible for appointments to the Birmingham Water Works Board and requiring the council to elect new leadership annually.

The Mayor-Council Act of 1955 was adopted through a referendum to establish a different form of city governance during a time of upheaval.

"At no time in history has any mayor tried to undo what the citizens of Birmingham voted on more than 60 years ago," Austin said Monday during a press conference at City Hall.

April Odom, spokeswoman for the mayor's office, said questions and concerns should be directed at legislators who would be sponsoring or discussing potential legislation.

"The mayor does not have a bill in the state legislature. He is the mayor," she said. "The Council President and Councilor [Lashunda] Scales should address their concerns to the Alabama State Legislature."

Austin said council members are concerned that no public input was solicited about potential changes to an act that is in place because Birmingham residents sought change decades ago. They ousted the city commission form of government, paving the way for the current mayor-council governance.

"That has worked, maybe not perfectly, but it has worked for the citizens of Birmingham for more than 60 years," Austin said. "The current state of affairs in the city is always going to be met with disagreements, and we may have different methodologies, but the end game is always serving the citizens of Birmingham."

Council members plan to call for a public hearing during which residents can offer their perspective on changes to the act.

Tensions are heightened each year during budget negotiations. This year was no exception, as the mayor and council clashed over how to prioritize limited funds and issued dueling memos and press releases about ongoing budget discussions.

During 2013 budget talks, Bell accused council members of intending to create separate government. More than a decade earlier, Bell himself was subjected to similar criticism during his tenure as council president, after losing a mayoral bid to Bernard Kincaid.

That was the last time such a bid for increased power happened, when Bell as council president tried to move certain mayoral responsibilities under the council's purview, Austin said.

"Now he's mayor and he wants to get all power from the council," he said.

In late 2015 and spilling into 2016, the mayor and council have been at odds over several proposed contracts for lobbyists and consultants.

The council has repeatedly voted down the mayor's request to hire Handprint Government Affairs to work on the city's behalf in Washington, D.C. The mayor for months would not sign a contract for lobbyist Darryl Perkins, citing concerns about paperwork that had not been filed enabling him to work as a lobbyist in Montgomery and Washington.

Austin refuted any claim that the council has been an impediment to the mayor, saying they have approved all but three of more than 6,000 items the mayor has presented over the past two years.

"The only problem I believe a potential bill is seeking to solve is that the mayor does not have absolute power," he said. "It would remove all checks and balances established by the mayor-council act. We as legislators, both in the city of Birmingham and in Montgomery, have to look at the future of the city of Birmingham. What happens when Mayor Bell is no longer the mayor? How will that person manage the city with all this power?"

Austin outlined several concerns Monday, saying that the proposal would give the mayor complete control of the city's $403 million general fund budget and $140.8 million capital fund budget; the authority to approve city contracts without council approval; and appointing power for all city boards and agencies.

He also noted a resolution the council passed in February promising collaboration with all local, state, federal, federal and international governing bodies "for the greater good of the citizens of Birmingham." The mayor has not expressed a willingness to negotiate or compromise, he said.

"I know where my colleagues stand on working with the mayor on any issue, and I can say unequivocally that we as the city council are willing to work with the mayor on anything, any issue," Austin said. "To say that the council is not working with the mayor is a complete fallacy."