The URL can be used to link to this page

Home My WebLink About4005' AN ORDINANCE providing a definition of administra- tive heads whose appointment will require Council confirmation, time limits on provisional appointments and providing a dollar limit on professional service ' ~': agreements. 'I'I~E CITY OF BREMERTON DOES O~AIN: SECT[ON 1: CONFI~TION OF APPOINTEES TO NON-UNION ~AGE~NT ?05; [T I()NS. :..-. Pursuant to the Bremerton City Charter, the City Council will " ,.~,~tTir~ thc appointment of all regular Administrative Heads of the City .,f Bremerton and the City Attorney. For purposes of this Ordinance, Admin- [s~rative Ileads are the following non-union managers as noted: Fire Chief, l',~lice $~'hief, Director of Community Planning and Economic Development, i;uildint~, Official, Director of Administrative Services/City Clerk, Personnel ~ii'ect,,r, Parks l)epartment Superintendent, Street Department Superintendent, ~iity !.]ngineer and/or Public Works Director, Water Superintendent, Wastewater C~..mpliance Officer and Support Services Director. SECTION '2: CONFIR>t~TION STANDARDS - Prior to Council confirmation., ibc Personnel Director shall have sought applications from non-employee as well as employee applicants. Provided, however, that this requirement may he waived by the City Council in the event an employee has been performing :~s an administrative head and is being appointed to a similar position pur- :mant to a City's reorganization. This section shall not apply to any Civil Service positions. SECTION 3: QUALIFICATIONS AND FUNCTIONS OF NON-UNION MANAGEMENT PEf.tSONNEL - Position descriptions shall be established by the Personnel l).epqrtment for each non-union management employee. These position descriptions shall include: .. (1) an Outline of the employee's Job showing his or her designated responsibilities and limits of author ity; (2) the special skills, knowledge, education and/or experience the manager shall possess as a prerequisite to being considered for the position. Prior to the hiring of any non-union management employee, the position description set forth, supra, shall have been reviewed by the Personnel Director and the City Council, and approval acknowledged with the signature of the Council President. However, this section shall become null and void and have no effect if and when an organizational ordinance for the City of Bremerton is approved by the Mayor and City Council. SECTION 4: TIME LIMIT ON PROVISIONAL APPOINTMENTS - No provisional appointment to a position requiring Council confirmation shall cxtead beyond one hundred twenty~(120) days from the date of appointment witl~out thc consent of the City Council. This does not apply to positions subject to Civil Service Rules. A copy of the provisional appointment shall l,e sent by the Mayor to the City Council at the time of the appointment. SECTION 5: ~NAG~ENT CONTACTS - All regular, as opposed to provisional Civil Service exempt non-union management personnel employed by ~he CJty from the date of the passage of this ordinance forward, shall sign a management contract. The standard form of the management contract shall have been approved by the City Council and shall contain, at a minimum, a provision for termination of the employee without cause. Nothing in this section shall be ~onstrucd to require Council confi~ation of individual management contracts after the form of the contract has received Council approval. SECTION 6: REMOVAL OF NON-UNION ~NAGEMENT PERSONNEL - All non- ,mion mana~ement personnel who are exempt from the operation of Civil Service shall be "at will" employees and the Mayor may terminate them without 'cause at any time, with no notice or hearing required. SECTION 7: PROFESSIONAL SERVICE AGREEMENT - All professional services utilized by the City in excess of $5,000.00 in the aggregate for a single year shall be approved by City Council. ~PROVED by City Council on the first reading this ~ ~ day , PASSED by the City Council on the second reading this ~ day , ~ORRIE DA~KINS, ~yor ATTEST: KATHLEEN McCL~SKEY, City Cc' ~7 ~Cil ove~ide of Veto; Direc~',,l~ o1' Adminisl~.at./ve ServJ. ces ~proved ~i~usly, 12/18/85 C,TY CitArof BremertorL k;. L. STURDm VAN'r 239 FOURTH STREET District 2 BREM ERTON, WASHINGTON 98310 RoY 1. MOSkm.v (206) 478 - 5252 District 3 JIM AI)RIAN DJ,strict4 December 13, 1985 CLYDI' 1_ l).vttricl 5 MAYOR MORRIE DAWKINS · XR 1' ANI)I'RSON l)i3lrict ~, Pllll, I)ROIIIN Dsurt'ct 7 51'F N('I:R IIORNIN{; I)ivtrict A' RUSS J()IINSON I)i,rrict 9 "RECEIVED ClW ~NCIL OFR~" ~E~O TO: City Council FROH: Hayor Dawk~ns REGARDING: OrdSnance #6005, Confkrmat~on of Exempt Hon-UnSon Hanagement Employees I am vetoing Ordinance #4005, Confirmation of Exempt Non-Union Management Employees for the following reasons. The Executive and Legislative branches of government are distinctly different and separate functions as you all know, so I won't bore you with a summary of it. In the past, I agreed to allow Council approval of the top five upper management positions in 1983. On the state level Governor Gardner picks his own top level managers without any confirmation. Larger cities like Seattle, Tacoma and Spokane with full time City Council's who are involved in the day to day operation of the City do approve the upper manager department heads. Cities with part time council's usually do not involve themselves with the Mayor or City Managers hiring pro- fessionals. This is an administrative decision. i might add that the Council in most cases, has had a member as part of tire interview team to ask the tough questions of new department heads. Ii Mr. Adrian had been elected Mayor he certainly would not be in favor of this Ordinance. What you would be saying to him is we'll approve the department head and if we don't like him for any reason you'll have to go out and look some more. In other words, department heads who are now responsible to the Mayor would have divided loyalties. The individual might ask, "Am I working for the Mayor or Council?". "I'11 try to please both." Impossible! It should be, "I work for the Mayor and I report to him for direction and he is my supervisor. Gateway to tbe Olympics and Home of the Puget Sound Naval Sbipyard Memo to City Council December 13, 1985 Page 2 There are six members of the present Council who are or have been government workers and are very aware of the selection process and who reports to who in the chain of commands. All Mayor's should have the privilege of key staff appointment. We should not tie the hands of the new Mayor. For this reason I'm vetoing this ordinance and urge you to reconsider it. MD:er RUSS JOHNSON Councilman, District 9 City of Bremerton 259 Fourth Street Bremerton, Washington 98510 (20&-478-5280) December 15, 1985 MEMORANDUM ~ 0 ~ To: Counci 1 members Sub j: Veto of the "Management Ordinance" (Ordinance 4005) 1. Mayor Morrie Dawkins has vetoed Ordinance No. 4005. (Re: Ma.or s memo dated December 13, 1985) *-~. I do not know the Mayor"s motive for this action. But I do ~nc, w that each of us--and the Mayor--took an oat}-, to uphold the Ch~-..rt.mr of the Cit'/ of Bremerton. Article III, Section 8 o~ the ,::h "~-~r clearly-states in language easily understood by all, that tn,? City Council ~D~.J~% confirm the Mayor*s appointments o~ all "adminis~.rative heads" There is no exemption for m position '~:ha~: does not report directly to the Mayor, nor is there a pr'c,';i si on that gives the Mayor the discretion to allow, or disallow confirmation o.f positions by the Council. I consider these confirmations to be a duty of my office--not a privilege or p,3~er move. I will not shirk my duty and I hope my collegues- ~i] 1 take the same position. ]]. We ha,.e heard all kinds of excuses wh,/ the administration ca~'~not, or sh.:]uld not, establish an approved organization for the C~,t.'y*_~, Admlnistra~iive Staff. As a result there is no stable c,r,'.;an i zati on for the City government. Therefore, I have r'e.:~..earched the Cit.,/ Charter and Civil Service Rules of the City. l;'-,.::.~ las% official documention of "administrazive heads" was by th,.;~ Civil Service Commission (See Rule I and Rule XVI of the Ci ,il Service Commission Rules and Regulations) stating that they arc+ t.l'~F, se managers r-eporti ng to each of the Commi ssi oners. Thl s is far dif.~erent than the shifting, unofficial organization under ~:f",,,:~ [:,resent administration. 4. In summary, confirmation by Council is a duty we all must carry out. It is a foundation of good government. Confirmation is one of the critical checks and balances built into the American form of government. We must not let anyone--for whatever reason~ strip our citizens of this protection. 5. Therefore, at an appropriate time during the Council Meeting on December 18., 19.85, I will make the following motion: "I move to override the Mayor's veto of Ordinance 4005". 6. This motion requires six (6) votes in favor to pass. I ask for-your support. Copy to: ~ ~a'vor Dawkins Co~ nci 1 -El eot Ma'~,or-Elect Lobe ~:: BR 0 Ci{y A{:{orne'y' Cl. t:y ~udii:or C 1 t y C 1 e r k