11/22/2025
The phrase "city council member thinks they are above the law" suggests a public official may be overstepping their authority or abusing their power. City council members are legislators who create local laws (ordinances), but they are still subject to all existing state and federal laws and do not have the power to enforce the law unilaterally or obstruct law enforcement.
Understanding the Roles
Legislators, Not Enforcers: City council members are part of the legislative branch of local government. Their primary function is to enact policy and ordinances, approve budgets, and oversee city operations. They are not the executive branch or law enforcement; they cannot direct police to ignore laws or personally enforce the law as they see fit.
Subject to the Law: Like all citizens, elected officials are bound by federal, state, and local laws. They can face consequences for illegal actions, including criminal prosecution, ethics complaints, or removal from office.
Checks and Balances: The structure of government includes checks and balances. Law enforcement agencies (police, sheriff, etc.) operate under their own chain of command and are responsible for upholding all applicable laws, not just the wishes of a single council member.
Common Issues and Recourse
When a council member is perceived as overstepping their authority or engaging in misconduct, various avenues for addressing the situation exist:
Ethics Complaints: Citizens can file complaints with a local or state ethics commission if an official is believed to have violated ethical standards or abused their position.
Criminal Charges: If an official breaks the law, the district attorney, state attorney, or federal prosecutors can bring criminal charges.
Public Pressure/Recall: Public outrage and media scrutiny often lead to calls for resignation, and in some jurisdictions, citizens can initiate a recall petition to remove an elected official from office.
Lawsuits: In certain situations, individuals or groups may file lawsuits. For example, the Supreme Court has heard cases regarding retaliatory arrests of council members by city officials.
If you are witnessing a specific instance of a public official overstepping their bounds, documenting the incident and consulting with local government ethics resources or a qualified attorney may be appropriate. You can find contact information for your local representatives and resources through your city's official website.
