Yes, Mayor Evans Does Answer to City Council

The future of Rochester's City Council is on the ballot.

Does a mayor answer to City Council?

Mayor Malik Evans says no.

At an April 29 City Council meeting,¹ Councilmember Stanley Martin had been pressing Evans on why he hadn’t responded to her request to hold a “Know Your Rights” session at a city recreation center. Evans replied:

“There needs to be maybe an offline conversation about the nature and role of the mayor. Because we’re both two separately elected bodies. I don’t know if you think I report to you or something like that, but that’s not the case.”

This exchange might seem small, but it reflects a much bigger problem. As our country faces the threats of authoritarianism at the national level, we also need to pay attention to what’s happening locally. Evans’ comments reveal a disturbing trend in local government: legislative bodies that either don’t know how, don’t believe they can, or simply don’t want to exercise their power.

And with a City Council election on the horizon, the stakes are high. The very independence of the Council—and its ability to provide real oversight—is on the line.

Evans is wrong for many reasons, but we can start with the founding principles of the United States.

American democracy is built on the idea that no branch of government should operate without checks on its power. The U.S. Constitution established a system of separated branches—legislative, executive, and judicial—each designed to limit the others. This structure extends to every level of government, including cities.

While the mayor and City Council are separately elected, they are not independent silos. Council plays a critical role in shaping city policy, approving budgets, confirming appointments, and holding the executive branch accountable. This authority isn’t informal or symbolic—it’s backed by the U.S. and New York State constitutions, and explicitly laid out in the City Charter.

Here’s what the Charter says City Council has the power to do:

"The Council shall have the power to confirm or reject all mayoral appointments except as may be provided otherwise in this Charter.”

“The Council shall have the power to enact legislation over the disapproval of the Mayor as provided in this Charter.”

“The Council shall have the power to investigate all departments, boards, bureaus and officers; and to have access to all records and papers kept in the custody of any department, board, bureau or other agency; to compel the attendance of witnesses and the production of books, papers or other evidence at any meeting of the Council or of any committee thereof and, for that purpose, to issue subpoenas signed by the President of the Council.”

And that’s just the beginning. Council can buy, sell, and lease real estate, maintain water lines and sewers, establish playgrounds, license businesses, and more. Council can investigate the mayor. The mayor cannot investigate Council.²

The powers and duties of the mayor in the Charter include:

“To prepare and submit to the Council the annual budget.”

“To keep the Council at all times fully advised as to the financial condition and needs of the City.

“To perform such other duties as may be required by the Council.”

Mayor Evans appears before Council at every meeting to take questions because he knows he does answer to Council, both in practice and in accordance with the law. He cannot govern without Council.

Now, Evans might argue that he doesn’t have to respond to an individual councilmember. Technically, that’s true—unless the full Council acts to compel a response. But councilmembers are elected by the people. Ignoring their requests is ignoring constituents. It’s troubling that Martin’s colleagues didn’t immediately challenge Evans’ dubious claim about the relationship between the mayor and Council. Silence sends a message that the Council is comfortable being sidelined.³

This is why it’s vitally important to elect councilmembers who are independent—who aren’t professionally or politically beholden to the mayor. Before you vote, here are a few questions worth asking:

• Is the mayor supporting this candidate? That’s often a sign he expects loyalty in return.

• Does the candidate hold a leadership role at a nonprofit or corporation that relies on city funding or permits? Would a board member or CEO be unhappy with an executive/city councilmember who displeases the mayor in any way?

• Does the candidate work for another elected official who wants to maintain a smooth relationship with the mayor? Does the candidate’s job involve government relations—facilitating harmony among such entities and their leaders?

If your preferred candidates fall into any of these categories,⁴ ask yourself: what kind of City Council do you want? A corporate-style board that nods along with the executive? Or a democratic body that debates, investigates, and advocates?

Personally, I think a mix of personalities, styles and backgrounds can be healthy. But what’s dangerous is having a majority of councilmembers whose careers are dependent on staying in the mayor’s good graces. That’s when independence dies—and with it, real accountability.

In summary, yes—the mayor does answer to City Council. That’s not just good governance; it’s the law. When the mayor dismisses councilmembers, he’s dismissing the people they represent. I hope voters send a clear reminder of that fact on Primary Day. Rochester deserves a City Council that’s not afraid to ask questions—and demand answers.

1. Watch the exchange here.

2. I have major issues with the structure of Rochester City Council, which is rare in having a majority of at-large seats. I wrote about this here.

3. Martin’s dispute with the mayor underscores what’s at stake—and why City Council must assert its power. The mayor’s office claimed her “Know Your Rights” session was political and blocked her from using a city facility. Meanwhile, the mayor routinely uses his communications team to promote his priorities through videos, press releases, and events.

Martin was well within her rights as an elected official to host an informational event using city resources—just as the mayor is within his rights to use city staff to share his work. Courts have consistently held that the duties of elected officials are inherently political. That includes sending newsletters, holding forums, and engaging the public on issues. What crosses the line is using public resources for explicit campaign activity—like printing campaign flyers, hosting fundraisers, or posting campaign signs at official events.

City Council must ensure that the mayor’s office doesn’t limit their ability to do the job voters elected them to do. That includes communicating with constituents—something Martin was fully entitled to do. (My recent court case served as a reminder to the County Executive that legislators have independent authority, too.)

4. Serving on council is a part-time position, so most councilmembers who are not of retirement age do have full-time jobs. I’ve heard people say conflicts are unavoidable. That may be true, but it’s a matter of degree.

Here are two fictional examples: If you are a mid-level manager at a large nonprofit that gets a nominal amount of funding from the city, that’s probably not a huge deal. If you are the COO of a nonprofit reliant on city permits and incentives to build housing, that’s an insurmountable, inherent conflict. If you are an employee at a government agency but are protected by a union, you probably are free to challenge the mayor.