Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/06/2018 - FIRST READING OF ORDINANCE NO. 022, 2018, AMENDINGAgenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Janet Miller, Assistant Human Resources Director Jenny Lopez Filkins, Legal SUBJECT First Reading of Ordinance No. 022, 2018, Amending Article V, Division 3 of Chapter 2 of the Code of the City of Fort Collins to Clarify the City Manager's Authority Concerning the Administrative Branch of the City. EXECUTIVE SUMMARY The purpose of this item is to amend various sections in Article V, Division 3 of Chapter 2 of the City Code to clarify and eliminate confusion regarding the City Manager’s authority to assign supervisory authority as well as duties and functions to the services of the City administrative organization. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION On January 16, 2018, Council unanimously adopted Ordinance No. 011, 2018, amending the definition of “Service Area” in Code Section 1-2 to reflect that a service area director may report to a designee of the City Manager rather than to the City Manager directly. It also granted the City Manager authority to name a designee as the Service Area director for Utility Services. Ordinance No. 022, 2018, amends Sections 2-492 to 2-503 to conform with this newly adopted language amending the definition of “service area” in Code Section 1-2. Additionally, Ordinance No. 022, 2018, amends City Code to remove Operation Services from the Community and Operation Services Service Area and amends language in Section 2-505 to allow for the functions provided by Operation Services to be incorporated into the Information and Employee Services Service Area. These conforming amendments align the internal facing functions of Operation Services under one Service Area and address the need for the City Manager to have flexibility in how City administrative services are organized. Finally, staff recommends adding a statement to each provision of Article V indicating that certain City services may be assigned to a service area by the City Manager. -1- ORDINANCE NO. 022, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE V, DIVISION 3 OF CHAPTER 2 OF THE CODE OF THE CITY OF FORT COLLINS TO CLARIFY THE CITY MANAGER’S AUTHORITY CONCERNING THE ADMINISTRATIVE BRANCH OF THE CITY WHEREAS, Article IV, Section 2 of the City Charter says the administrative branch of the City government shall be composed of the offices, services areas and agencies established by ordinance upon report and recommendation of the City Manager; and WHEREAS, Article IV, Section 2 of the City Charter says administrative functions and duties may be assigned and distributed among offices, services areas or departments thereof, or agencies of the administrative branch by regulations issued by the City Manager; and WHEREAS, Chapter 2, Article V, Division 3 of the City Code sets out the service areas of the City administrative organization; and WHEREAS, on January 16, 2018, City Council unanimously adopted Ordinance No. 011, 2018, amending the definition of “service area” in City Code Section 1-2 to reflect that a service area director may report to a designee of the City Manager rather than to the City Manager directly; and WHEREAS, each City Code section establishing a service area should be amended consistent with the updated definition of “service area” to reflect that a service area director may report to a designee of the City Manager; and WHEREAS, Ordinance No. 011, 2018, also added a clarifying statement confirming that utility services is a service area of the City; and WHEREAS, a similar clarifying statement should be added to each subsection creating a service area to ensure consistency; and WHEREAS, the City Manager recommends shifting operations services, an internal service, to the information and employee services service area; and WHEREAS, consistent with Article IV, Section 2 of the City Charter, City staff recommends adding a statement to each provision establishing a service area indicating that certain City services may be assigned to a service area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. -2- Section 2. That Section 2-500 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-500. - Planning, Development and Transportation Services. Planning, Development and Transportation Services is hereby created as a service area of the City. Planning, Development and Transportation Services shall be in the charge of a Director who shall be directly responsible to the City Manager or his or her designee for the functions and duties necessary to provide community planning, development and transportations services and other services as assigned, and who shall have control and supervision over such agencies, service units, departments, offices or persons as may be deemed appropriate by the City Manager. Section 3. That Section 2-501 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-501. - Financial Services; duties of Director. Financial Services is hereby created as a service area of the City. Financial Services shall be in the charge of a Chief Financial Officer who shall be directly responsible to the City Manager or his or her designee for the functions and duties of the Financial Officer as provided in Article V, Part III, Section 22 of the Charter, and other services as assigned, and who shall have control and supervision over such agencies, service units, departments, offices or persons as may be deemed appropriate by the City Manager. Section 4. That Section 2-502 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-502. - Community and Operations Services. Community and Operations Services is hereby created as a service area of the City. Community and Operations Services shall be in the charge of a Director who shall be directly responsible to the City Manager or his or her designee for the functions and duties necessary to provide cultural, parks, natural areas, and recreation services, operations and other services as assigned, and who shall have control and supervision over such agencies, service units, departments, offices or persons as may be deemed appropriate by the City Manager. Section 5. That Section 2-503 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-503. - Police Services. (a) Chief; duties. Police Services is hereby created as a service area of the City. Police Services shall be under the immediate supervision and control of the Chief of Police, who shall be directly responsible to the City Manager or his or her designee 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 -3- and regulations of the City, and the provisions of the Charter, and other services as assigned. 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. . . . Section 6. That Section 2-504 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-504. - Utility Services; duties of Director and City Manager. (a) Utility Services shall be and is hereby created as a service area of the City. (b) Except as provided in paragraph (c) below, Utility Services shall be in the charge of a Director who shall be directly responsible to the Deputy City Manager or his or her designee 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 who shall have control and supervision over such agencies, service units, departments, divisions, offices or persons assigned by the Deputy City Manager. (c) The City Manager or his or her designee shall have the direct responsibility and authority to administer and supervise all functions and activities related to the electric utility’s provision of “telecommunication facilities and services,” as this term in defined in Section 7(f) of Charter Article XII. In exercising this authority, the City Manager or his or her designee may assign to other employees such duties, assignments and functions as the City Managerhe or she determines necessary for the proper and efficient administration of the electric utility in providing telecommunication facilities and services. Section 7. That Section 2-505 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-505. - Information and employee services. Information and Employee Services is hereby created as a service area of the City. Information and Employee Services shall be in the charge of a Director who shall be directly responsible to the City Manager or his or her designee for the functions and duties necessary to provide administrative and other internal services, such as communications, management information and human resources services, to the City, and other services as assigned, and who shall have control and supervision over such agencies, service units, departments, offices or persons as may be deemed appropriate by the City Manager. Section 8. That Section 2-506 of the Code of the City of Fort Collins is hereby amended to read as follows: -4- Sec. 2-506. - Sustainability services. Sustainability Services is hereby created as a service area of the City. Sustainability Services shall be in the charge of a Director, who shall be directly responsible to the City Manager or his or her designee for the functions and duties necessary to provide environmental services, economic health and urban renewal services and social sustainability for the City organization, and who shall have control and supervision over such agencies, service units, departments, offices or persons as may be deemed appropriate by the City Manager. Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 2018, and to be presented for final passage on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk