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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/03/2002 - ITEMS RELATING TO CODE AMENDMENTS UPDATING ORGANIZ AGENDA ITEM SUMMARY ITEM NUMBER: 22 A-B DATE: September 3, 2002 FORT COLLINS CITY COUNCIL FROM Steve Roy Wanda Krajicek 1 SUBJECT : Items Relating to Code Amendments Updating Organizational Structure, Department and Service Area Names and Job Titles. RECOMMENDATION: Staff recommends adoption of the Ordinances on First Reading. EXECUTIVE SUMMARY: A. First Reading of Ordinance No. 130, 2002, Amending Various Provisions of the City Code as They Relate to the Names of Departments and Service Areas and the Job Titles of Certain lip City Staff. B. First Reading of Ordinance No. 131,2002,Amending Chapter 2,Article V of the City Code to Bring the Administrative Organization Provisions of the Code into Agreement with the !o Current Administrative Structure of the City. i In 2001,the City Charter was amended to redefine the terms"department"and"division"and define the term "service area", to be consistent with the current organizational structure of the City. The organizational level that was previously called a"department"is now referred to as a"service area", and what was previously called a"division" is now called a"department". Following this Charter amendment,the City Attorney's office and the City Clerk's office began reviewing the City Code and examining every use of the words "department" and"division" in the Code, to determine whether in each instance the term needed to be replaced. In doing its review,staff also noticed some job titles and names of departments in the Code that were outdated, and decided this was a good opportunity to correct those "misnomers" as well. Among the changes that would be made by the first proposed ordinance are the following: • New definitions of"service area","department"and"division"would be added to the Code, to parallel the changes in the Charter. • The words "Office of would be taken out of references to service areas. • "Division of Building Permits and Inspections" would be changed to "Department of Building and Zoning." • "Building Permits and Inspections Administrator"would be changed to"Director of Building and Zoning." • "Director of Purchasing and Risk Management" would be changed to"Purchasing Agent." September , DATE: ITEM NUMBER: • References to the head of Utility Services would be changed to "General Manager." • "Department of Planning" would be changed to "Department of Advance Planning." • References to either"Director of Development Services" or"Planning Director" would be changed to "Director of Advance Planning." • References to "the Police Department" would be changed to "Police Services." • The water, wastewater and stormwater utility would be broken down into three separate utilities. • Article H of Chapter 26,relating to administration of Utility Services would be rewritten and reorganized to remove language that duplicates language in Article V of Chapter 2 of the Code on administrative organization. Finally, staff noticed that Article V of Chapter 2 of the Code, which describes the administrative organization of the City, did not coincide with the City's current administrative structure, and decided to redraft it to better reflect the "service area" structure as it now exists. The second proposed ordinance separates out executive, legislative and judicial offices into one category, the existing service areas into another category, and Fire Services (which is not directly responsible to the City Manager and therefore, by definition, not a true "service area") into its own category. Article IV, Section 2 of the Charter states that the administrative structure of the City, including the establishment of offices and service areas, shall be established by ordinance on recommendation of the City Manager. The existing administrative organization Code provisions, as amended by the second proposed ordinance, will continue to meet that requirement. Because the changes to this Article are extensive, it is being repealed and reenacted rather than amended, so the changes from the current Code provisions are not redlined in the Ordinance. In order for Council to compare the new version to the current version, a copy of the current Code provision is attached. . ORDINANCE NO. 130, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING VARIOUS PROVISIONS OF THE CODE OF THE CITY OF FORT COLLINS AS THEY RELATE TO THE NAMES OF DEPARTMENTS AND SERVICE AREAS AND THE JOB TITLES OF CERTAIN CITY STAFF WHEREAS,upon a vote of the registered electors of the City of Fort Collins, the Charter of the City of Fort Collins was amended in 2001 to redefine the terms"department"and"division"and define the term "service area" in the Charter so as to be consistent with the current organizational structure of the City; and WHEREAS, the terms "department" and "division" are also defined and used in the Code of the City of Fort Collins, and such definitions and usage are no longer consistent with the Charter and the current organizational structure of the City; and WHEREAS, under the current organizational structure of the City, certain departments and service areas and certain City staff use names or titles which have changed since earlier Code provisions referring to them were enacted; and WHEREAS, the Council believes it is in the best interests of the City to update the Code to bring it into agreement with the Charter and the current organizational structure of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the definitions of"city," "delegation of authority," "department," and "division," as contained in Section 1-2 of the Code of the City of Fort Collins are hereby amended and the definition of"service area" is hereby added to read as follows: Sec. 1-2. Definitions; rules of construction. In the construction of this Code and of all ordinances,the following definitions and rules of construction shall apply unless such construction would be inconsistent with the manifest intent of the City Council: City. The word city shall mean the municipal corporation of Fort Collins, Colorado, including its physical location and boundaries, or any of its officers, agents or depwtinents adi�titxT Feat "'"its, as the context shall require or admit. Delegation of authority. Whenever a provision appears requiring the director q)x°��vtcetat�a head of a department or officer of the city to do some act or make certain inspections, it is to be construed to authorize the director,of these X tce area, head of the department or officer to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designate otherwise. Department means a major city admirristrative tirtit headed b. p,71,11 ry .a stt6istott atsme,; ag �ed by s per ?rho,regardless of title,is cf4teGtly regs bTe do director ofy(6 Service area.spg Division means a primary subdivision of a department headed by a person who is directly responsible to the director head of the department. uti e t# ea itteans a r etGy adrrrin ve I ntG�eatied by a director who; regardless of ile; d estt yrponsible to e Gty Manager. Section 2. That Section 2-153(4) of the Code of the City of Fort Collins is hereby amended by changing the word "departments" to "employees". Section 3. That the Code of the City of Fort Collins is hereby amended by changing all references from"the Office of Administrative Services" to "Administrative Services". Section 4. That the Code of the City of Fort Collins is hereby amended by changing all references from"the Office of Community Planning and Environmental Services" to "Community Planning and Environmental Services". Section 5. That the Code of the City of Fort Collins is hereby amended by changing all references from"the Office of Cultural,Library and Recreation Services"to"Cultural,Library and Recreation Services". Section 6. That the Code of the City of Fort Collins is hereby amended by changing all references from"the Office of Fire Services"to"Fire Services". Section 7. That the Code of the City of Fort Collins is hereby amended by changing all references from "the Office of Police Services"to"Police Services". Section 8. That the Code of the City of Fort Collins is hereby amended by changing all references from"the Office of Transportation Services" to "Transportation Services". • Section 9. That the Code of the City of Fort Collins is hereby amended by changing all references from "the Office of Utility Services" to "Utility Services". Section 10. That Section 2-67 1(a)(6)(d)of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-671. Powers and duties of the director and assistant director of the Office of Emergency Management. (a) The director is hereby empowered: (6) In the event of the proclamation of a local emergency as herein provided or the proclamation of a "state of disaster emergency" by the Governor or other lawfully empowered official of the state: d. To requisition necessary personnel or material of the Poudre Fire Authority and/or airy the city dePW MIC11t OL 2trILICY; and • Section 11. That the Code of the City of Fort Collins is hereby amended by changing all references from"Building Permits and Inspections Administrator" to"Director of Building and Zoning",and all references to"Administrator"as they relate to the Building Permits and Inspections Administrator shall hereby be changed to "Director". Section 12. That the Code of the City of Fort Collins is hereby amended by changing all references from"Division of Building Permits and Inspections"to"Department of Building and Zoning" Section 13. That Chapter 5 of the Code of the City of Fort Collins is hereby amended by changing all references from "Administrator" to "Director". Section 14. That Section 5-126(3) and (4) are hereby amended by changing all references from "city Water Utility Department" to "city's Water Utility". Section 15. That Section 6-26(d) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 6-26. Legislative intent. (d) The city operates electric, stone drainage-sto�j4Water, water and scaror was gavater,utilities using city streets,rights of way and public places,including those which are or may be used by gas companies to conduct their business. Section 16. That Section 8-57(a)(7) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 8-57. Fund structure. (a) The following fund types are hereby created to facilitate classification of funds of the city: (7) Internal service funds to account for the financing of goods or services provided by one (1) service area; department or agency to other service areas,departments or agencies of the city,or other governmental units,on a cost reimbursement basis. Section 17. That Section 8-108 of the Code of the City of Fort Collins is hereby amended by changing the words "Director of Purchasing and Risk Management" to "Purchasing Agent", and all references to "Director" as they relate to the Director of Purchasing and Risk Management shall hereby be changed to "Purchasing Agent". Section 18. That the definition of "Using agency"as contained in Section 8-112 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 8-112. Definitions. Using agency shall mean any .;r. ` department, division, board or commission of the city requiring supplies, professional services, services or construction procured pursuant to this Article. Section 19. That Chapter 10 of the Code of the City of Fort Collins is hereby amended by changing all references from"Administrator" or"Director" to "General Manager". Section 20. That Chapter 14 of the Code of the City of Fort Collins is hereby amended by changing all references from"Department of Planning" to"Department of Advance Planning". Section 21. That Chapter 14 of the Code of the City of Fort Collins is hereby amended by changing all references from "Director of Development Services" to "Director of Advance Planning". Section 22. That Chapter 14 of the Code of the City of Fort Collins is hereby amended by changing all references from "Planning Director" to "Director of Advance Planning". Section 23. That Section 14-48.5 of the Code of the City of Fort Collins is hereby amended by changing all references from "the Director" to "the CPES Director". Section 24. That Section 15-86 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-86. License required. All persons are hereby prohibited from keeping for gain or hire any billiard or pool table, any bowling alley,whirlyball arena or similar facility, roller skating rink, any ball and pin machine, striking machine, shooting gallery, ring game, ball and puppet game, cane rack, knife board, electronic game machines or any other like game or device within the city unless the person shall have obtained a license as provided in this Article. This licensing requirement shall not apply to depmhnents of-the city. Section 25. That Section 15-385(a)(4)of the Code of the City of Fort Collins is hereby amended by changing the term "departments" to "service areas". Section 26. That Section 20-22 of the Code of the City of Fort Collins is hereby amended by changing the term "the Police Department" to "Police Services". Section 27. That Section 20-41 of the Code of the City of Fort Collins is hereby amended by changing all references from"Division of Natural Resources"to"Department of Natural Resources". Section 28. That Section 22-61 of the Code of the City of Fort Collins is hereby amended by changing all references from"Director of Development Services" to "City Engineer". Section 29. That Section 23.5-6(a)(3) of the Code of the City of Fort Collins is hereby amended by changing the term "the Police Department' to "Police Services". Section 30. That Section 24-94 of the Code of the City of Fort Collins is hereby amended by changing all references from"City Engineer" to "Traffic Engineer". Section 31. That Section 25-243(1) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 25-243. Transactions exempt from tax. The following lodging transactions are exempt from taxation under this Article: (1) All lodging accommodations provided to the United States Government; to the state, its departments or institutions and political subdivisions in their governmental capacities only,including the city thereof; Section 32. That Section 25-343(1) of the Code of the City of Fort Collins is hereby amended by changing the words "Department of Engineering Services" to "Engineering Department". Section 33. That Chapter 26 of the Code of the City of Fort Collins is hereby amended by changing all references from"Director" to "General Manager". Section 34. That Chapter 26 of the Code of the City of Fort Collins is hereby amended by changing all references from "Department of Health" to "Department of Public Health and Environment". Section 35. That Chapter 26 of the Code of the City of Fort Collins is hereby amended by changing all references from"city Utility Customer Service Office" to "Utility's Customer Service Office". Section 36. That the definitions of"electric utility" and "General Manager of Utility Services", as contained in Section 26-1 of the Code of the City of Fort Collins are hereby amended to read as follows; the definitions of"stormwater utility", "wastewater utility" and "water utility" are added to read as follows; and the definition of "water, wastewater and stormwater utility" is hereby deleted in its entirety: Sec. 26-1. Definitions. The following words,terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section: Electric utility shall mean e q tyServtce lt.a in charge of the distribution and sale of electricity for the city. General Manager of Utility Services orl $er shall mean the General Manager of Utility Services or the designated representative of such General Manager. �Nter. untul+ baitteanaritmen6`? IixY 3ervices< hic h,are itgitarge.o1je sf�rrnitsater faciii tes'foc the city Wasrewaterutilir},shali>trteatt:those departmep V-7,10 ijity Serfice$ which°are in,o*j of tE e,g Alection apd [e ntEo vastewat v ,rkhe raty � �r titer wu rir sitaTk meaty Lose gpac�ent5 0 tty services which are in c4k-di Cheap tictton,c1w" aitd le of w+4 E *,city, tvastemate, and 8t0IITI"2ttCL t1tiliti'S Of the City. Section 37. That Section 26-21 of the Code of the .City of Fort Collins is hereby • amended to read as follows: Sec. 26-21. Organization. (a) The electric utility,stgr[rtwater,kvtewater and watertttilities shall be under the immediate administrative supervision and control of Utility Services which shall operate the properties of the atifitq variEuttIities in an efficient and economical manner. (b) Section 38. That Section 26-22 of the Code of the City of Fort Collins is hereby deleted in its entirety, and Sections 26-23 and 26-24 of the Code of the City of Fort Collins are renumbered accordingly. Section 39. That Section 27-31 of the Code of the City of Fort Collins is hereby amended by changing the term "Director of Planning" to "Director of Current Planning". Section 40. That the current codifier of the Code of the City of Fort Collins is hereby directed to amend all catchlines, history notes, and references and editor's notes, as provided for in Sections 1-3, 1-4,and 1-5 of the Code respectively,to reflect changes in terminology not inconsistent with the provisions of this ordinance. Introduced, considered favorably on first reading, and ordered published this 3rd day of September, A.D. 2002, and to be presented for final passage on the 17th day of September, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 17th day of September, A.D. 2002. Mayor ATTEST: City Clerk • ORDINANCE NO. 131, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 2, ARTICLE V OF THE CODE OF THE CITY OF FORT COLLINS TO BRING THE ADMINISTRATIVE ORGANIZATION PROVISIONS OF THE CODE INTO AGREEMENT WITH THE CURRENT ADMINISTRATIVE STRUCTURE OF THE CITY WHEREAS, Article IV, Sec. 2 of the Charter of the City of Fort Collins provides that the administrative branch of the city government shall be composed of the offices, service areas and agencies established by ordinance upon report and recommendation of the City Manager; and WHEREAS, Article V of Chapter 2 of the Code of the City of Fort Collins describes the administrative organization of the city, including service areas and offices established by the Council pursuant to the recommendations of the City Manager; and WHEREAS, Article V of Chapter 2 of the Code does not reflect the current administrative organization of the city government; and WHEREAS, the City Manager has recommended that the Code be amended to reflect the current administrative organization; and • WHEREAS, the Council agrees that such amendment is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Article V of Chapter 2 of the Code of the City of Fort Collins is repealed in its entirety and reenacted as follows: ARTICLE V. ADMINISTRATIVE ORGANIZATION DIVISION 1. GENERALLY Secs. 2-483—2-490. Reserved. DIVISION 2. EXECUTIVE, LEGISLATIVE AND JUDICIAL OFFICES Sec. 2-491. Office of the City Manager; duties of the City Manager. The Office of the City Manager shall be under the direction of the City Manager who shall be responsible to the City Council for the proper administration of all affairs of the city and who shall have all powers and duties assigned to the City Manager by the provisions of the Charter and this Code. The offices and divisions of the Office of the City Manager shall be established by the City Manager. Said offices and divisions, and the employees assigned thereto, shall be responsible for such duties and functions as may be determined by the City Manager, provided that such duties and functions are consistent with the administrative organization of the city as established by the provisions of the Charter and this Code. Sec. 2-492. Office of the City Attorney; duties of the City Attorney. The Office of the City Attorney shall be in the charge of the City Attorney, who shall be directly responsible to the City Council for the functions and duties assigned to the City Attorney by the provisions of the Charter and this Code. Sec. 2-493. Municipal Court; duties of the Municipal Judge. The Municipal Court shall be in the charge of the Municipal Judge, who shall be directly responsible to the City Council for the functions and duties of the Municipal Court. Sec. 2-494. Office of the City Clerk; duties of the City Clerk. The Office of the City Clerk shall be under the direction of the City Clerk, who shall be appointed in accordance with Article II, Section 12 of the Charter and who shall be directly responsible to the City Manager for giving notice of Council meetings; keeping a journal of Council proceedings; authenticating by his or her signature, and permanently recording in full, all ordinances and resolutions; and performing all other duties required by the Charter, this Code or by the City Manager. Secs. 2-495—2-499. Reserved. DIVISION 3. SERVICE AREAS Sec. 2-500. Administrative Services; duties of Director. Administrative Services is hereby created. Administrative Services shall be in the charge of a Director who shall be directly responsible to the City Manager for the functions and duties of the departments of Finance, Human Resources, Operations Services, the Fort Collins - Loveland Municipal Airport, and such other departments, offices or persons assigned by the City Manager. Sec. 2-501. Communication and Technology Services; duties of Director. Communication and Technology Services is hereby created. Communication and Technology Services shall be in the charge of a Director who shall be directly responsible to the City Manager for the functions and duties of the departments of Communications and Public Involvement, Geographic Information Services, Information Technology, and such other departments, offices or persons assigned by the City Manager. Sec. 2-502. Community Planning and Environmental Services; duties of Director. Community Planning and Environmental Services is hereby created. Community Planning and Environmental Services shall be in the Charge of a Director who shall be directly responsible to the City Manager for the functions and duties necessary to provide community planning, development review, and environmental and building and zoning services required by the city, and who shall have control and supervision over such other departments, offices or persons assigned by the City Manager. Sec. 2-503. Cultural, Library and Recreation Services; duties of Director. Cultural, Library and Recreation Services is hereby created. Cultural, Library and Recreation Services shall be in the Charge of a Director who shall be directly responsible to the City Manager for the functions and duties of the Department of Parks and Recreation and such other departments, offices or persons assigned by the City Manager. Sec. 2-504. Police Services. (a) Chief; duties. Police Services is hereby created. Police Services shall • be under the immediate supervision and control of the Chief of Police, who shall be directly responsible to the City Manager for the functions and duties necessary to preserve the public peace, prevent crime, apprehend criminals and protect the rights of persons and property through the enforcement of the penal laws of the state, all ordinances and regulations of the city, and the provisions of the Charter. The Chief of Police shall also perform such other duties as the City Manager may prescribe for the public peace and safety and the protection of property, including the property of the city within and without the corporate limits, and shall cooperate with local, state and federal law enforcement officials. (b) Police officers. (1) All police officers shall be authorized to enforce the provisions of this Code and may be assigned to such positions or special duties as the Chief of Police and the City Manager may deem to be in the best interests of Police Services. Such special assignments may or may not limit the enforcement authority of such officers. Any such limitation shall be specified in writing within the commissions of the officers by the Chief of Police. (2) For the purposes of the enforcement of this Code and the preservation of public peace, certain individuals, whether or not employed by the city, may be appointed by the Chief of Police as . special police officers to enforce particular provisions of this Code, and as peace officers to enforce particular provisions of the state law; provided, however, that such officers shall be given only such limited authority with respect to enforcement as is set forth in the administrative regulations relative thereto, which shall be adopted by the Chief of Police. Such appointment, in and of itself, shall not constitute employment with the city. (c) Issuance of concealed weapons permits. (1) The Chief of Police is authorized to issue permits to persons for the carrying of concealed weapons. Such permits shall be conditioned upon reasonable terms for the protection of the public safety and welfare. (2) The Chief of Police shall promulgate rules and regulations to implement the issuance of concealed weapons permits, providing for, among other things, a background check of each applicant, a determination of the need of each applicant to be issued a concealed weapons permit and a determination of the proficiency of each applicant in the care and use of any weapon the applicant may carry. (3) Each person issued a concealed weapons permit shall sign an agreement to indemnify and to hold the city, its officers, agents and employees harmless from any loss or damage legally imposed upon them as a result of the act or omission of the permit holder. Such indemnification shall include any judgment rendered against the city, its officers, agents and employees or any of them, together with costs of suit and cost of defense. (4) Each permit issued shall be valid for a period of one (1) year from the date of issuance unless a lesser period of time is specified on such permit. (5) Each permit issued shall be subject to revocation by the Chief of Police for violation of any state statute, city ordinance or rule and regulation pertaining hereto promulgated by the Chief of Police. (6) Each applicant for a concealed weapons permit shall pay an application fee of one hundred dollars ($100.) which shall be nonrefundable. A fee of sixty dollars ($60.) shall be charged for the annual renewal of any permit. Sec. 2-505. Transportation Services; duties of Director. Transportation Services is hereby created. Transportation Services shall be in the charge of a Director who shall be directly responsible to the City Manager for the functions and duties of the Departments of Engineering, Transportation, Streets, Transfort and such other departments, offices or persons assigned by the City Manager. Sec. 2-506. Utility Services; duties of General Manager. Utility Services shall be and is hereby created. Utility Services shall be in the charge of a General Manager who shall be directly responsible to the City Manager for the functions and duties of Utility Services, including, without limitation, the functions and duties necessary to provide for the design, construction, reconstruction, addition, repair, replacement, operation and maintenance of the city's electric, water, wastewater and stormwater utility services, and shall have control and supervision over such other departments, divisions, offices or persons assigned by the City Manager. Secs. 2-507— 2-514. Reserved. DIVISION 4. FIRE SERVICES Sec. 2-515. Fire Chief; duties. Fire Services is an independent governmental entity created by intergovernmental agreement between the city and Poudre Valley Fire Protection District. Fire Services shall be in the charge of the Fire Chief of the Poudre Fire Authority, who shall be directly responsible to the Board of the Poudre Fire Authority for the functions and duties necessary to provide fire prevention and protection services. Secs. 2-526—2-539. Reserved. Introduced, considered favorably on first reading, and ordered published this 3rd day of September, A.D. 2002, and to be presented for final passage on the 17th day of September, A.D. 2002. Mayor ATTEST: . City Clerk Passed and adopted on final reading this 17th day of September, A.D. 2002. Mayor ATTEST: City Clerk V I ADMINISTRATION §2-520 ARTICLE V. ADMINISTRATIVE DIVISION 3. OFFICE OF ORGANIZATION ADMINISTRATIVE SERVICESL DIVISION 1. GENERALLY Sec. 2-501. Director; duties. The Office of.Administrative Services shall be and it Sec. 2-483. Effect on other departments. is hereby created. The Office of Administrative Ser- Except as duties may be assigned by the express vices shall be in the charge of a Director who is di- provisions of this Article, this Article shall not change rectly and solely responsible to the City Manager and any of the functions or duties of any other established who shall be responsible for the functions and duties departments of the city as set forth n the Charter or of the Financial Administration Unit, the Purchasing the Code. Division, and such other departments, divisions, of- (Code 1972, §2-79) f[ces or persons assigned by the City Manager. (Code 1972, § 2-70; Ord. No. 55, 1990, 6-5-90; Ord. Secs. 2-484-2-490. Reserved. No. 13, 1998,§2, 2-14-98) Sees.2-502-2-510. Reserved. DIVISION 2. OFFICE OF THE CITY MANAGER DIVISION 4. OFFICE OF CULTURAL, Sec. 2-491. City Manager; duties. LIBRARY AND RECREATIONAL SERVICES[ The Office of the City Manager shall be under the direction of the City Manager who shall be responsi- Sec.2-511. Director; duties. • ble to the City Council for the proper administration of all affairs of the city and who shall have all powers The Office of Cultural, Library and Recreational and duties assigned to the City Manager by the provi- Services shall be and it is hereby created.The Office of sions of the Charter and this Code. The offices and Cultural, Library and Recreational Services shall be in divisions of the Office of the City Manager shall be the charge of a Director who is directly and solely re- established by the City Manager. Said offices and di- sponsible to the City Manager and who shall be re- visions, and the employees assigned thereto, shall be sponsible for the functions and duties of the Depart- responsible for such duties and functions as may be ment of Parks and Recreation and such other depart- determined by the City Manager, provided that such ments, divisions, offices or persons assigned by the duties and functions are consistent with the adminis- City Manager. trative organization of the city as established by the (Code 1972,§2-71) provisions of the Charter and this Code. (Ord. 13, 1998, § 1, 2-17-98) Secs.2-512-2-520. Reserved. Secs.2-492-2-500. Reserved. tCross references—Finance,Ch. 8;purchasing and contracting,§ 8-110 et seq. • Cross rcfcrences—Purchasing and contracting, § 8.110 et seq.; [Cross references—Golf Board,§2-236 et seq.;Library Board,§2- personnel,pensions and retirement,Ch.21. 291 et seq.;Parks and Recreation Board,§2-336 et seq. Supp.No.60 185 §2-521 FORT COLLINS CODE DIVISION 5. OFFICE OF DIVISION 7. OFFICE OF COMMUNITY PLANNING AND POLICE SERVICES' ENVIRONMENTAL SERVICES Sec.2-536. Chief; duties. Sec.2-521. Director; duties. The Office of Police Services shall be under the im- The Office of Community Planning and Environ- mediate supervision and control of the Chief of Police, mental Services shall be and it is hereby created. The who is directly and solely responsible to the City Office of Community Planning and Environmental Manager, and who shall be responsible for the func- Services shall be in the charge of a Director who is tions and duties necessary to preserve the public directly and solely responsible to the City Manager peace, prevent crime, apprehend criminals and protect and who shall be responsible for the functions and the rights of persons and property through the en- duties necessary to provide engineering, community forcement of the penal laws of the state, all ordinances planning, environmental and construction-related and regulations of the city, and the provisions of the services required by the city and who shall have con- Charter. The Chief of Police shall also perform such trol and supervision over such other departments, di- other duties as the City Manager may prescribe for the visions, offices or persons assigned by the City Man- public peace and safety and the protection of property, ager. including the property of the city within and without (Code 1972, §2-72, Ord. No. 6, 1992, § 1, 2-4-92) the corporate limits, and shall cooperate with local, state and federal law enforcement officials. Secs. 2-522-2-530. Reserved. (Code 1972, §2-3) DIVISION 6. OFFICE OF Sec.2-537. police officers; appointment, assign- FIRE SERVICES' ment and removal. (a) All police officers shall be authorized to enforce the provisions of this Code and may be assigned to Sec.2-531. Director; duties. such positions or special duties as the Chief of Police The Office of Fire Services shall be in the charge of and the City Manager may deem for the best interests the Fire Chief of the Poudre Fire Authority, an inde- of the Office of Police Services. Such special assign- pendent governmental entity created by intergovem- ments may or may not limit the enforcement authority mental agreement between the city and the Poudre of such officers. Any such limitation shall be specified Valley Fire Protection District, who shall be responsi- in writing within the commissions of the officers by ble for the functions and duties necessary to provide the Chief of Police. fire prevention and protection services. (b) For the purposes of the enforcement of this (Ord. No. 159, 1986, 11-4-86) Code and the preservation of public peace, certain individuals, whether or not employed by the city, may Secs.2-532-2-535. Reserved. be appointed by the Chief of Police as special police officers to enforce particular provisions of this Code, and as peace officers to enforce particular provisions of the state law; provided, however, that such officers shall be given only such limited authority with respect to enforcement as is set forth in the administrative regulations relative thereto, which shall be adopted by the Chief of Police. Such appointment, in and of itself, Cross references—Planning and Zoning Board, § 2-351 et seq.; shall not constitute employment with the city. Zoning Board of Appeals,§2451 et seq.;duties of Building Permits and Inspections Administrator, § 5-141; Director of Community (Code 1972, §§ 2-4, 7-9; Ord. No. 96, 1987, § 1, 7-21- Planning and Environmental Services shall act w secretary and staff 87; Ord.No. 32, 1989, § 1, 3-21-89) liaison to the Landmark Preservation Commission, § 14-4; zoning, annexation,subdivisions and development of land,Land Use Code (or Transitional Land Use Regulations,if applicable). (Cross references—Authorization for animal control officers and [Cross references—Fire prevention and protection, Ch. 9; alarm police officers to impound terrain animals,§4-136;alarm systems, systems,§ I5.16 et seq.;firefighters'pension plan,§2141 et seq. § 15-16 et seq.;miscellaneous offenses,Ch. 17. Supp.No.60 186 . ADMINISTRATION §2-354 Sec. 2-538. Concealed weapons permit. DIVISION 8. OFFICE OF TRANSPORTATION SERVICES (a) The Chief of Police is authorized to issue per- mits to persons for the carrying of concealed weapons. Sec. 2-545. Director; duties. Such permits shall be conditioned upon reasonable terms for the protection of the public safety and wel- The Office of.the Transportation Services shall be, fare. and it is hereby created. The Office of Transportation Services shall be in the charge of a Director who is (b) The Chief of Police shall promulgate rules and directly and solely responsible to the City Manager regulations to implement the issuance of concealed and who shall be responsible for the functions and weapons permits, providing for, among other things, a duties of the Departments of Engineering, Transporta- background check of each applicant, a determination tion, Streets, Transfort and such other departments, of the need of each applicant to be issued a concealed divisions, offices or persons assigned by the City weapons permit and a determination of the profi- Manager. ciency of each applicant in the care and use of any (Ord. No. 128, 1994, 9-6-94) weapon the applicant may carry. Secs.2-546-2-550. Reserved. (c) Each person issued a concealed weapons permit shall sign an agreement to indemnify and to hold the DIVISION 9. OFFICE OF city, its officers, agents and employees harmless from UTILITY SERVICES' any loss or damage legally imposed upon them as a result of the act or omission of the permit holder. Such Sec. 2-551. General Manager; duties. indemnification shall include any judgment rendered against the city, its officers, agents and employees or The Office of Utility Services shall be, and it is • any of them together with costs of suit and cost of de- hereby created. The Office of Utility Services shall be fense. in the charge of a General Manager who is directly (d) Each permit issued shall be valid for a period of and solely responsible to the City Manager and who one (1) year from the date of issuance unless a lesser shall be responsible for the functions and duties of the period of time is specified on such permit. Office of Utility Services, including, without limita- tion, the functions and duties necessary to provide for (e) Each permit issued shall be subject to revocation the construction, operation and maintenance of the by the Chief of Police for violation of any state statute, city's electric, water, wastewater and stormwater util- city ordinance or rule and regulation pertaining hereto ity services, and shall have control and supervision promulgated by the Chief of Police. over such other departments, divisions, offices or per- sons assigned by the City Manager. (f) Each applicant for a concealed weapons permit (Code 1972, § 2-73; Ord. No. 8, 1996, § 1, 2-20-96; shall pay an application fee of one hundred dollars Ord. No. 198, 1998, § 1, 11-17-98) ($100.) which shall be nonrefundable. A fee of sixty dollars ($60.) shall be charged for the annual renewal Secs.2-552-2-554. Reserved. of any permit. (Code 1972, §24.1) Cross reference—Miscellaneous offenses,Ch. 17. Secs. 2-539-2-544. Reserved. . Charter reference—Municipal public utilities,An,XII. Supp.No.60 187 §2-555 FORT COLLINS CODE DIVISION 10. OFFICE OF THE Manager and may be modified from time to time as CITY ATTORNEY deemed necessary and desirable by the City Manager for the proper administration of the affairs of the city. Sec. 2-555. City Attorney; duties. (b) All persons choosing to accept employment with the city in an unclassified position shall serve at The Office of the City Attorney shall be in the the pleasure of the City Manager and shall be entitled charge of the City Attorney, who is directly and solely to such benefits and privileges of employment as may responsible to the City Council and who shall be re- be established by the City Manager for unclassified sponsible for the functions and duties of the Office of employees. The City Manager shall be authorized to the City Attorney. designate positions as classified or unclassified; pro- (Ord. No. 13, 1998, § 3, 2-17-98; Ord. No. 198, 1998, vided, however, that the employment status of any § 3, 11-17-98) employee serving in a classified position shall not be Secs. 2-556-2-558. Reserved. changed without such employee's consent. (Ord.No. 32, 1989,§2,3-21-89) DIVISION 11.MUNICIPAL COURT Sec.2-568. Ethical rules of conduct. (a) Definitions. The following words, terms and Sec. 2-559. Municipal Judge; duties. phrases, when used in this Section and § 2-569, shall The Municipal Court shall be in the charge of the have the following meanings: Municipal Judge, who is directly and solely responsi- (1) Board and commission member shall mean a ble to the City Council and who shall be responsible member of any appointive board or commission for the functions and duties of the Municipal Court. of the city. (Ord. No. 13, 1998, § 3, 2-17-98; Ord. No. 198, 1998, § 3, 11-17-98) (2) Councilmember shall mean a member of the Secs. 2-560-2-565. Reserved. City Council. (3) Officer or employee shall mean any person ARTICLE VI. OFFICERS AND EMPLOYEES holding a position by election, appointment or employment in the service of the city, whether part-time or full-time, including a member of DIVISION 1. GENERALLY any authority, board, committee or commission of the city. Sec. 2-566. Compensation of employees. (b) Rules ofconduct. The salaries of all classified employees of the city shall be fixed by ordinance of the City Council. (1) An officer or employee shall not disclose or use (Code 1972, §2-21) information received in confidence as an officer or employee to advance the financial or per- Sec.2-567. Employment status of employees. sonal interests of the officer or employee or oth- ers, nor shall such confidential information be (a) All classified employees of the city shall have disclosed by the officer or employee if, in the such benefits, privileges and responsibilities as are judgment of a reasonably prudent person, such provided in the personnel policies and procedures of disclosure would, at the time of disclosure, in- the city and shall be terminable only for cause. Such jure the financial interests of the city. No officer policies and procedures shall be approved by the City or employee who has filed a statement of con- flict of interest with the City Clerk under Article Charter references City Clerk,Art.II,§ 12;City Manager,An. IV, § 9 of the Charter shall knowingly elicit, ac- III;administrative branch,Art.IV,§2;residency requirement,Art. cept or inspect any confidential information per- ry,§3;oath,Art.IV,§a;conflicts of interest,Art.IV,§9. taining to the subject matter of such conflict of Cross references Financial disclosure,§2.621 et seq.;personnel, interest. pensions and retirement,Ch.21. Supp.No.60 188