Loading...
039 of 2010 - reflecting numerous organizational changes within the City Administration 0 10-1 0 10-10 SALT LAKE CITY ORDINANCE No. 39 of 2010 (Amending the Salt Lake City Code to Reflect Numerous Organizational Changes Within the City Administration) An ordinance amending the Salt Lake City Code, to reflect numerous organizational • changes within the City Administration. WHEREAS, the Mayor has proposed numerous organizational changes to the structure of the City Administration; and WHEREAS, the City Council finds that those proposed changes are in the best interest of the City; NOW, THEREFORE, BE IT ORDAINED, by the City Council of Salt Lake City as follows: SECTION 1: Section 2.08.020 of the Salt Lake City Code shall be and hereby is deleted in its entirety. SECTION 2: Section 2.09.060 of the Salt Lake City Code shall be and hereby is amended to read as follows: 2.09.060: EMERGENCY INTERIM SUCCESSION Notwithstanding any other provision of law except section 2.04.060 of this title, if the mayor is unavailable, an emergency interim successor shall exercise the powers and duties of the mayor according to the order of succession designated by the mayor. If the mayor or any other city government officer has not designated an emergency interim successor, the order of succession shall be: a) the mayor, b) the mayor's chief of staff, c) the chair of the city council, and d) the city's police chief. An emergency interim successor shall exercise the powers of the mayor only until the mayor or a person earlier in the order of succession is no longer unavailable. If any other city official is unavailable, an emergency interim successor shall exercise such official's powers as provided by Utah Code Annotated section 63K-1-401 or any successoral provision. SECTION 3: Section 2.54.030A.1 of the Salt Lake City Code shall be and hereby is amended to read as follows: 1. Authorization to regularly take home a city owned vehicle is granted by the department director and approved by the mayor, the mayor's chief of staff or his or her designee based on a demonstrated need for such vehicle to be taken home to serve the public interest; or SECTION 4: Section 2.72.060A of the Salt Lake City Code shall be and hereby is amended to read as follows: A. Appointment; Removal: In the interest of legitimate civilian oversight, the mayor shall appoint a full time independent administrator for the board. In making such appointment, the mayor shall consider any recommendations of the board regarding who should be appointed. The administrator shall operate out of the city's human resources department. The administrator shall be an at will employee and shall be subject to removal by the mayor, with or without cause, but only after the mayor considers any recommendations of the board regarding such removal. SECTION 5. Section 2.72.150 I of the Salt Lake City Code shall be and hereby is amended to read as follows: 2 I. Report Of Administrator: Within five (5)business days (or such longer period of time approved by the City's director of human resources after consultation with the police chief or his or her designee) after his or her receipt of the case file from the internal affairs unit, the administrator shall provide to the board review panel a written report that summarizes the case and such investigation, and states the administrator's recommendations regarding the case. SECTION 6: Section 2.35.080 of the Salt Lake City Code shall be and hereby is amended to read as follows: 2.35.080: STAFF SUPPORT FROM THE DEPARTMENT OF HUMAN RESOURCES. The department of human resources shall provide staff support to the committee to assist the committee in the performance of its duties. SECTION 7: Section 2.24.030B of the Salt Lake City Code shall be and hereby is amended to read as follows: B. Elected Members: The pool of elected board members shall be elected in accordance with city procedure, and shall consist of one 100/200 series employee and one 300/600 series employee from each of the following departments: 1) department of airports, 2) public services, 3)public utilities, and 4) community development and other areas or divisions (except the police and fire departments) not included in the other departments enumerated above. SECTION 8: Section 2.42.020A of the Salt Lake City Code shall be and hereby is amended to read as follows: 3 • A. Each of the following elected and appointed officers and employees shall execute a bond with good and sufficient sureties in an amount to be approved by the mayor, made payable to the city in the penal sum thus specified, conditioned on the faithful performance of the duties of his/her office or employment and the proper accounting for and the payment of all monies received by him/her, according to state law and city ordinances: 1. Bail commissioners; 2. Council members; 3. City attorney; 4. Assistant and deputy city attorney; 5. Director of airports; 6. Director of finance; 7. Director of public utilities; 8. Director of public services; 9. Fire chief; 10. License supervisor; 11. Mayor; 12. Parking enforcement hearing examiner; 13. Chief of police; 14. Chief procurement officer; 15. City recorder; 16. Deputy city recorder; 17. Treasurer and deputy treasurer. 4 • SECTION 9: Section 2.75.020B of the Salt Lake City Code shall be and hereby is amended to read as follows: B. Accountability: The hearing officer shall serve as staff for the justice court but shall be supervised as an employee, under the direction of the city justice court director or his/her designee. SECTION 10: Section 8.04.020 of the Salt Lake City Code shall be and hereby is amended to read as follows: 8.04.020: ANIMAL SERVICES: . Animal services may be provided through a legally executed agreement, which includes the authority and power to enforce this title. SECTION 11: Section 10.02.100B of the Salt Lake City Code shall be and hereby is amended to read as follows: B. In the event the commission desires nonmembers to serve on such a committee, the commission may request the administrator of the police civilian review board, department of human resources, to make the appointment. SECTION 12: Section 2.08.025 of the Salt Lake City Code shall be and here by is amended to read as follows: 2.08.025: DEPARTMENT OF FINANCE: 5 • A. Functions: The department of finance shall have charge of and be responsible for all financial services, the Office of the City Treasurer, the Purchasing and Contracts Division, the Financial Reporting and Budget Division, the Accounting Division, and the Revenue Audits and Business Licensing Division. B. City Auditor: The director of the department of finance or the mayor's designee shall be the city auditor, within the meaning of the uniform fiscal procedures act of the state. C. City Treasurer: The functions of city treasurer shall be assigned to the department under the administrative direction of the director. In addition to those duties designated by the director, the city treasurer shall have charge of and be responsible for the collection and disposition of city revenues, the keeping of an accurate and detailed account of all matters within the treasurer's charge as provided in the uniform fiscal procedures act, or any successor statutes, and shall perform all other duties required by law. SECTION 13: Section 2.08.027 of the Salt Lake City Code shall be and here by is enacted to read as follows: 2.08.027: DEPARTMENT OF HUMAN RESOURCES: A. The Department of Human Resources shall have charge of, and be responsible for all programs relating to the personnel of the City, and the Civilian Review Board. SECTION 14: Section 2.08.029 of the Salt Lake City Code shall be and hereby is enacted to read as follows: 6 • 2.08.029: DEPARTMENT OF INFORMATION MANAGEMENT SERVICES: A. Functions: The Department of Information Management Services shall be responsible for all central support services required for City operations, and for GIS consolidation. SECTION 15: Section 2.08.090A of the Salt Lake City Code shall be and hereby is amended to read as follows: A. Functions: The police department, by and through its sworn officers, shall be responsible for preserving the public peace, preventing crime, detecting and arresting criminal offenders, protecting the rights of persons and property, regulating and controlling motorized and pedestrian traffic, training sworn personnel, providing and maintaining police records and communications systems. Emergency management shall be housed in the police department. SECTION 16: Section 2.08.050 of the Salt Lake City Code shall be and hereby is amended to read as follows: 2.08.050: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT: A. Functions: The department of community and economic development shall have charge of and be responsible for: 1. Land use planning; 2. Business regulation; 3. Housing; 4. Building and housing codes; 5. City engineering; 7 • 6. Transportation engineering; 7. Non-parking civil enforcement, including enforcement of the Sidewalk Entertainers and Artists Ordinance, and enforcement of snow removal; 8. Economic development; and 9. Capital asset management. B. City Engineer: The position of city engineer shall be assigned to the department of community and economic development under the administrative direction of the director of community and economic development. The city engineer shall be a registered professional engineer of the state and shall be responsible for the review, supervision and acceptance of all engineering and architectural design, and construction work required by or for the city, except as assigned in this code to other departments or offices of the city; the coordination and supervision of all construction work done within the public rights of way of the city; and the records of public improvements as prescribed by state statute. The duties may be delegated by the city engineer as deemed prudent and appropriate; such delegation may include the department of public utilities (for recording and maintaining engineering records relating to the water and sewer systems and its engineering functions) and the department of airports. SECTION 17: Section 2.08.040 of the Salt Lake City Code shall be and hereby is amended to read as follows: 2.08.040: OFFICE OF CITY ATTORNEY: A. Functions: 8 • 1. The city attorney shall be the chief legal officer of the city and shall be responsible to the mayor and city council for the proper administration of the legal affairs of the executive and legislative branches of city government. 2. The executive and legislative branches of government shall enjoy equal and independent access to the services of the office of the city attorney with reference to their respective functions and duties. It shall be the responsibility of the city attorney to administer the office of the city attorney in a manner which will enable the mayor and city council to fulfill their respective duties in a timely fashion. 3. The foregoing notwithstanding, the city attorney shall not in any instance, either personally, or by his or her deputies, act as both prosecutor and advocate before (and at the same time advisor to) any board, commission, agency, officer, official or body of the city. In cases where such a conflict shall arise, special counsel may be employed who shall not be subject to the control or direction of the city attorney in such matter, and who shall provide the legal service to or before such board, commission, agency, officer, official or body. 4. Supervise the Office of the City Recorder. B. Separate Executive Or Legislative Counsel: Nothing in this chapter shall be construed to prohibit either the city council or mayor from retaining separate counsel from appropriated funds, as either may from time to time deem appropriate. C. City Recorder: 1. The city recorder shall be assigned to the office of the city attorney and be under the administrative direction of the city attorney; however, the recorder shall be 9 • responsible to the city council, which shall have equal and independent access for services with respect to legislative functions. 2. The city recorder shall keep the corporate seal, the official papers and records of the city, as required by law; the record of the proceedings of the city, as required by law; and shall attest legal documents of the city and do those other matters prescribed by law. SECTION 18: Section 2.04.010 of the Salt Lake City Code shall be and hereby is amended to read as follows: 2.04.010: POWERS AND DUTIES: The mayor shall be the chief executive officer of the city and its official head for all ceremonial purposes. The mayor shall be responsible for the proper administration of all affairs of the city with which the office is charged. The mayor's powers and duties include, but are not limited to, the following: A. Supervising the administration and enforcement of all laws and ordinances of the city; B. Administering and exercising control of all departments of the city; C. Supervising the administrative functions of other departments and agencies which are related to or affect city operations, to the extent requested or delegated by the officers or bodies having primary responsibility for the operation of such departments or agencies; D. Authorizing the issuance of such administrative rules and regulations and outlining general administrative procedures applicable to areas of operation and departments 10 • confided to the mayor's supervision, which are not in conflict with the laws of the state or of city ordinances; E. Supervising the Office of Policy and Budget and the City's Budget Director, who may be appointed pursuant to Section 10-36-202(1)(d)(viii), Utah Code or its successor statute; F. Preparing the city budget and submitting the same to the city council; G. Keeping the city council informed as to the financial condition of the city on a quarterly basis or such longer time as the council shall request; H. Recommending to the council for adoption such measures as may be deemed necessary or proper for the efficient and proper operation of the city; I. Attending city council meetings; J. Preparing and submitting to the council: 1. A state of the city report during January of each year, and 2. An annual report of the city's financial affairs, within one hundred eighty (180) days following the close of the city's fiscal year; K. Subject to the requirements of statutes and ordinances now or hereafter lawfully enacted, supervising the purchase of materials or services and otherwise authorizing expenditures of funds on behalf of the city; L. Making all appointments to all city committees, boards, commissions and other advisory bodies in the city, after having received the advice and consent of the council on each separate prospective appointment, as provided or required in state law, and removing the same; M. Hiring and making all appointments regarding all executive department employees, officers and agents (subject to the advice and consent of the council where required by state law), and disciplining or terminating the same; 11 N. Performing such other duties as may be prescribed or permitted by law, including issuing proclamations; vetoing ordinances, tax levies and appropriations, subject to council veto override as provided by state law; and establishing job descriptions,job functions,job classifications or reclassifications and compensation therefor, within the budgeted appropriations and consistent with state law. SECTION 19: Section 2.08.080 of the Salt Lake City Code shall be and hereby is amended to read as follows: 2.08.080: DEPARTMENT OF PUBLIC SERVICES: A. Functions: The department of public services shall have charge of and be responsible for the Sustainability Division; the Division of Parks and Public Lands; the Division of Youth and Family Programs; and Fleet Management: 1. The general supervision, maintenance, upkeep and control of the city's parks, playgrounds, athletic fields, golf courses,pools and other recreational areas and facilities; 2. The city's cemetery; 3. Recreational activities and public event planning; 4. Maintenance and upkeep of shade trees and other plantings; 5. The operation and maintenance of streets, parkways, sidewalks, street lighting, traffic signals, and similar public ways and facilities; 6. The collection and disposal of all solid waste generated within the city as provided for in city ordinances; 7. Maintenance and repair of all city owned buildings within the city; and 12 8. Enforcement of parking ordinances and regulations; SECTION 20: EFFECTIVE DATE: This ordinance shall become effective on the date of its first publication. DATED this 15 day of June , 2010. ..,Y riz/Z_____ CHA RSON ATTEST: --e—e.k//L Y CORDER Transmitted to Mayor on June 25, 2010 . Mayor's Action: Approved. Vetoed. iii i(. ...". MAYOR p . . .. • CI CORDER `` (SEAL) i w t :d, :h Y. te :,,_._ . , t;�� ::.t ,_'6:�,. Bill No. 39 of 2010 fir' ,; 3aft Lake sit A`` eWee Published: 7-6-10 ,.- ` "T p S 3 ay HB ATTY-#12681-v2-Amending_Administrative_Organization 13