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HomeMy WebLinkAboutA002 - Council Action Form dated September 25, 2001 ITEM # 3 DATE September 25, 2001 COUNCIL ACTION FORM SUBJECT: REVISIONS TO CHAPTER 2 OF MUNICIPAL CODE BACKGROUND: Chapter 2 of the Municipal Code, entitled "Administration," lays out the duties and responsibilities of the City Clerk, City Manager, and City Attorney. The Code of Iowa requires that cigarette permits be issued by the City Clerk. It was recently brought to staff's attention that when Council brought the City Clerk's position under the City Manager's position three years ago, the authority to issue cigarette permits was inadvertently removed from our Code. As staff reviewed Chapter 2 of the Code to reinsert this language, it became apparent that there were several other provisions that are antiquated or no longer reflect how the City is organized and operated. It seems appropriate to make several "housekeeping changes" in order to update the chapter and accurately reflect the manner in which the City is currently administered. A "red-line copy" of Chapter 2 is attached, showing changes that are proposed at this time. The rationale for these changes is as follows: Section 2.44, Administrative Assistants: This section has been deleted, since the power to appoint all department heads and most other employees is already vested in the City Manager. It seems appropriate to likewise vest the City Manager with power to appoint assistant City Managers. Further, there was a time when "administrative assistants to the City Manager" were given special status under state Civil Service Code, but that provision has since been removed. The power to appoint an acting City Manager in the City Manager's absence has been shifted from this section to Section 2.45(16) below. Section 2.45(4): Since "officers" includes appointed members of boards and commissions, it is not appropriate for the City Manager to supervise their conduct. The power to "take active control of the police department" is not needed, since it is redundant with powers specified elsewhere in this section. Section 2.45(8): The City does not assume responsibility for collection of solid waste or garbage. It does seem appropriate, however, to mention the major utility services provided by the City (e.g., water, sewer, electric). Section 2.45(9): The specific reference to issuance of cigarette permits brings our Code into compliance with section 453A.13(2)(a) of the Iowa Code. In practical terms, this duty is performed by the City Clerk, who is appointed by the City Manager. Section 2.45(12): The word "accounting" seems restrictive; whereas the City's business affairs employ this and many other methods of conduct. Section 2.45(13): For decades the City Council has been provided with an annual budget, an annual financial report, and monthly claims summaries. This new language removes the requirement that an itemized financial report of receipts and disbursements be provided by the tenth of each month. Instead, staff will provide the Council with a monthly summary of revenues and expenditures. In accordance with state law, staff will continue to provide the Council with a monthly claims summary. Section 2.45(14): The reference to "City Treasurer" is stricken, since the treasurer is already included among the positions appointed by the City Manager. Section 2.45(renumbered 15): Under the City Manager's hiring powers, the word "employ" is replaced with the more modern word "appoint." The Chief of Police position is specifically included, which confirms the option chosen by our City Council pursuant to amendments to Sections 372.4 and 400.13 in 1986 for the Police Chief to be appointed by the City Manager. Updated language relating to those City positions not under the control of the City Manager is also included. Recognition is also given to the Council's decision to have the City Clerk's position fall under the control of the City Manager. Section 2.45(renumbered 16): The power to appoint an acting City Manager was moved to this subsection from section 2.44 above. Sections 2.45(renumbered 20 and 21): The powers expressed by this archaic language are covered elsewhere in this section. Section 2.48(5): It is no longer necessary for the City Attorney to be a member of these two retirement systems. The City's local police and firefighter retirement system ceased to exist when the state of Iowa took over this function in the mid-1980's, while the City's Utility Retirement System Participant Review Board was reorganized in the late 1990's and no longer includes the City Attorney as a board member. ALTERNATIVES: 1. Approve the attached modifications to Chapter 2 of the City Code on first reading. 2. Direct staff to modify the attached changes to Chapter 2 of the City Code. 3. Do not make any changes to Chapter 2 of the City Code at this time. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council accept alternative #1, approving the attached modifications to Chapter 2 of the City Code. COUNCIL ACTION: ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING SECTIONS 2.44, 2.45 AND 2.48 AS THEY NOW EXIST AND ENACTING NEW SECTIONS 2.44, 2.45 AND 2.48 FOR THE PURPOSE OF MODERNIZING THE STATEMENT OF POWERS AND DUTIES FOR THE CITY MANAGER AND CITY ATTORNEY;REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED,by the City Council for the City of Ames,Iowa,that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by repealing Sections 2.44,2.45 and 2.48 and enacting new Sections 2.44,2.45 and 2.48 as follows: "Sec.2.44. RESERVED. — The eiky powered to appoint, with the approval of the eoutteil, stte.h. erbsettee, may do tnid perform all the aets and duties that may be attthori2ed and reqttired to be pe4mmed by 4te eivy manager, sttbjeet at all times to the orders of the eity Manager. Sec.2.45. DUTIES AND POWERS OF THE CITY MANAGER. The city manager shall be the chief administrative officer of the city and head of the administrative service. As stteh,The ci manar shall: (1) Supervise enforcement and execution of the city laws. (2) Attend all meetings of the city council. (3) Recommend to the council any measures necessary or expedient for the good government and welfare of the city. (4) Supervise the official conduct of all offieers and employees of the city appointed by the city manager and take aetive eotitrol of the poliee departm . (5) Supervise the performance of all contracts for work to be done for the city,make all purchases of materials and suppliesand see that such materials and supplies are of the quality called for,except with respect to the municipal hospital,and the Ames Public Library. (6) Supervise the construction,improvement,repair,maintenance and management of all city property,eapital Rtlblie improvements and undertakings of the city,including the making and preservation of all surveys, maps, plans, drawings, specifications, and estimates for eapita4 u�,�blic improvements,except with respect to the municipal hospital and Ames Public Library. (7) Cooperate with, and give assistance requested by, the Ames Municipal Hospital Board of Trustees, the board of trustees of the Ames Public Library, or any other administrative agency,board,commission or committee of the city. (8) Be responsible for the cleaning,repair,maintenance and lighting of streets,alleys, and public places;and,the eolleetiatt_and the disposal of garbage atd solid waste•and the o eration of ci utilities and other services. (9) Provide for and cause records to be kept of the issuance and revocation of licenses and permits authorized by eitp law include ci arette ermits. for issuattee by the eity manager o the eity inanager's appointees. (10) Keep the council fully advised of the financial and other conditions of the city,and of its future needs. (11) Prepare and submit to the council,for approval,the necessary budgets. (12) Conduct the business affairs of the city and cause accurate records to be kept by 1 modern and sufficient Wig-methods. (13) Make, to the council, itat latef thaft the tenth day of each month wed, a financial report in writing,showing revenues and ex enditures , and insure that copies of such financial reports are available at the o ffiee of eity elerk for public distributio insaction. 14 (13) Perform such other duties as are within the discretion of the council to direct. (1-6) Subject to apRlicable`1aw a ; pint Epley, reclassify, promote, demote, or discharge employees and fix their compensation, ncludin the chief of olive but exce't: the ci attorne em la ees under the authori of the Ames Ci Hos ital Board of Trustees ern to ees under the authori of the,Board of Trustees of the Ames Public Libra the director of transit services- andperform the duties ertainin to the ci clerk as rovided b Section 2.26 hereof. appheable,e3teept where employment authority is-vested ift the Ames Nittitieipal Hospital Board 0 16(+� Appoint some officer or employee to assume, in an acting capacity,the performance of the duties of any oar-position in the administrative service which is vacant or lacks administration due to the absence or disability of the incumbent ncludin someone to erfarm the duties of the citv manager in theSily mana er's absence. 17 (+s Have the power to set aside any action taken by a department head or employee within the administrative service,to supersede such department head or employee in the performance of work and duties of the position; and, to direct any department or division of the administrative service to perform work for any other department or division thereof. 18{� Have the power to prescribe and promulgate rules,regulations and procedures as deemed necessary or expedient for the conduct of the officers and work of the administrative service. (20) Have the power to designate from the admittistrative serviee stteh eomfl-tittees and eammittees shall meet at the request of the eity managef-and shall tmke stteh reeammendations ott MA#Pwq f Pferred to them or 4iey shall find neeessafy f;5r the best ittterests of the eivy. (Ord. No. 2508, Sec. 2, 5-20-75) Vl• t Sec.2.48. POWERS AND DUTIES. The city attorney shall be head of the legal department of the city and supervise such assistants as may be appointed. The city attorney,and assistants when so directed by the city attorney, shall have the following powers and duties: (1) Opinions. The city attorney shall give, when requested by the city council, administrative agency, city manager or department head, legal opinion upon all questions of law arising out of any ordinances, suits, claims, or demands for or against the city, and shall give such opinion in writing unless otherwise so requested, which said opinion shall be filed and preserved among the records of the city clerk. (2) Legal adviser. Act as legal adviser to all city officials,boards and commissions as far as their or its official duties are concerned,when requested to do so by said officials,boards and commissions. (3) Ordinances. Report to the city council any defects that may be discovered in any ordinance,and shall draw such ordinances as may be requested by the city council. (4) Contracts and litigation. When directed to do so by any city official, board or commission,draw all contracts between the city and other parties,prosecute and defend all suits or other matters in which the city shall be a party,take appeals in such cases as the interest of the city requires, and prosecute or defend the city's interest in all the courts of the state and of the United States, all subject, however, to the direction of the city council; provided however, that the city 2 attorney is authorized and directed hereby to prepare, sign and file proper informations when there is evidence that a person may be guilty of a violation of a city ordinance,and to prosecute any and all such informations to judgment and on appeal. (5) Membership on boards. Be a men+er of the board of tmstees of the retireffie the retirement system for utility employees attd stteh other beards as are designated by the ei�.- eettaeil. (6�) Sign legal papers. Sign the name of the city to bonds and papers of whatever kind necessary in legal proceedings for the prosecution of any suit in court when directed to do so by the city council. (466) Deliver effects of office to successor. Transmit to a successor a docket of all cases pending wherein the city is a part,as well as all books,papers and documents in the possession of the City Attorney belonging to the city. (Ord. No. 2508, Sec. 2, 5-20-75)." Section Two. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict,if any. Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , Diane R. Voss,City Clerk Ted Tedesco,Mayor 00623 3