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HomeMy WebLinkAbout4810 ORDINANCE NO. ~"~ IO AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending certain chapters of Title 2 and Chapter 3.01 of the Bremerton Municipal Code, revising and updating the provisions relating to city departments and department directors by adding a new chapter, Chapter 2.05 entitled "Departments and Directors;" revising and updating provisions relating to the appointment, confirmation and duties of department directors; adding a new chapter, Chapter 2.16 entitled "Fire Department;" adding a new chapter, Chapter 2.17 entitled "Parks and Recreation Department;" amending Chapter 2.10 relating to the Department of Public Works and Utilities; amending Chapter 2.15 relating to the Department of Building and Planning; amending Chapter 2.22 relating to the Department of Personnel; amending Chapter 2.34 relating to the Police Department; repealing Chapter 2.49 and amending Section 2.50.090 relating to management and professional employees and the appointment and confirmation of certain employees; and amending Section 3.01.050 and Rate Table D consolidating rates and fees removed from Chapter 2.34 with other police department rates and fees in Chapter 3.01. WHEREAS, the City Council desires to define and clarify the duties and the appointing authority of department directors; and WHEREAS, the City Council finds that some city departments are not property identified in the city code and, therefore, desires to create new chapters of the Bremerton Municipal Code entitled "Departments and Directors," "Fire Department," and "Parks and Recreation Department in order to properly clarify the duties and the appointing authority of department directors;" and WHEREAS, the City Council desires to amend Chapters 2.10, 2.15, 2.22, 2.34, and Section 3.01.050, including Rate Table D of the Bremerton Municipal Code relating to the Department of Public Works and Utilities, Department of Building and Planning, Department of Personnel, and Police Department in order to further clarify the 1 Departments and Directors structure of city government and to revise and update these provisions relating to these departments and their directors; and WHEREAS, the update provided in this ordinance results in duplication of code provisions, which are properly covered in other provisions of the city code including the provisions of this ordinance, as well as inconsistency of provisions which relate to confirmation of appointees, therefore, the City Council desires to repeal Chapter 2.49 and amend Chapter 2.50 relating to management and professional employees and confirmation of certain employees; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.49 of the Bremerton Municipal Code entitled "Nonunion Management Personnel" is hereby repealed in its entirety. SECTION 2. Section 2.50.090 of the Bremerton Municipal Code entitled "Severance Pay" is hereby amended to read as follows: Unless otherwise provided pursuant to the City Charter, ordinance, or civil service rule or regulation as applicable, a~ manager or professional staff member may be separated from employment without cause ("at will") from a position included in this Program upon receiving thirty (30) calendar days written notice of separation or pay in lieu of all or part of said notice. A person so separated shall not have the right to displace any other person employed by the City by virtue of employment in a management or professional position. The person so separated shall receive severance pay upon separation based upon years of employment with the City as follows: through 2 full years of employment, 2 months severance pay through 5 full years of employment, 2.5 months severance pay over 5 years of employment, 3 months severance pay 2 Departments and Directors SECTION 3. A new chapter, Chapter 2.05, is hereby added to the Bremerton Municipal Code entitled "Departments and Directors" to read as follows: Chapter 2.05 DEPARTMENTS AND DIRECTORS 2.05.010 DEPARTMENTS. Departments of the City of Bremerton are created pursuant to the chapters and their provisions as follows: Ch. 2.06 Office of the City Attorney Ch. 2.07 Economic Development Department Ch. 2.08 Administrative Services Department Ch. 2.09 Finance Department Ch. 2.10 Department of Public Works and Utilities Ch. 2.15 Department of Community Development Ch. 2.16 Fire Department Ch. 2.17 Parks and Recreation Department Ch. 2.22 Human Resources Department Ch. 2.34 Police Department 2.05.020 APPOINTMENT AND CONFIRMATION OF DEPARTMENT DIRECTORS. (a) Mayoral appointments of department directors shall be subject to confirmation by the City Council. Prior to an appointment or a provisional appointment to a newly created department director' s position or prior to confirmation of an appointment or provisional appointment to a vacancy of department director's position, a job description for the position as well as the anticipated employment or professional services contract, if any, shall be submitted to the City Council for review and approval as requested. Tho appointment and confirmation shall be pursuant to the terms and conditions as approved by the City Council. The Mayor may make provisional appointments to fill the vacancy of a department director. No provisional appointment(s) to a non-civil service department director's position shall extend beyond one hundred twenty (120) days from the date of original appointment without the consent of the City 3 Departments and Directors Council. Provisional appointments to a civil service department director's position shall be made pursuant to civil service rules. (b) The appointees, when confirmed, shall serve as "at will" employees subject to termination by the Mayor without cause at any time with no notice or hearing unless otherwise provided pursuant to applicable civil service rule or regulation, the City Charter, ordinance, or terms and conditions as approved by the City Council. (c) Pursuant to the City Charter, the City Attorney may be removed by the Mayor with the concurrence of a majority of the City Council sitting as a whole, or by the City Council alone, provided that removal by the City Council alone shall require a 2/3rd vote of the entire City Council. SECTION 4. Chapter 2.10 of the Bremerton Municipal Code entitled "Department of Public Works and Utilities" is hereby amended to read as follows: Chapter 2.10 DEPARTMENT OF PUBLIC WORKS AND UTILITIES 2.10.010 DEPARMENT ESTA~LISHEDCREATED. created the Dep~ment of Public Works ~d Utilities. The dep~ment sh~l be surmised bT the Director of Public Works ~d Utilities who sh~l se~e as its director, who sh~l have complete ch~ge of ~1 of the work of the dep~ment, ~d who sh~l be responsible for hiring ~d supe~ising employees of the dep~ment. 2.10.020 DIRECTOR OF PUBLIC WORKS - POSITION CREATED AND APPOINTMENT. There is hereby created the position known as Director of Public Works and Utilities. The Director or Public Works and Utilities shall be appointed by the Mayor, subject to confirmation by the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the department. 4 Departments and Directors 2.10.030 DUTIES. The Director of Public Works shall provide for the operation, maintenance and administration of engineering, streets and public works, capital projects, facilities, equipment services, and municipal utilities owned or acquired by the City including, but not limited to the following: (a) Establish and maintain centralized public works and utilities including business operations, customer service and billing, capital projects management, property management and facilities maintenance. (b) Manage public works and utilities engineering projects, including field surveys, grant applications, financing, drawings and specifications, permitting, inspections, construction project and contract management and records management. (c) Manage public works field operations including construction and maintenance of streets, electronic communications equipment, traffic signs and signals and street lighting programs. (d) Manage utility operations including construction and maintenance work on sanitary, storm, and water distribution and collection infrastructure and systems, meter reading, installation and repair services and First Response customer service program. (e) Manage all aspects of water sources, quality, treatment and compliance with applicable regulations, including operation and maintenance of water delivery_ systems, storage and supply resources. (f) Manage wastewater pretreatment, treatment, sanitary systems maintenance and operations. (g) Manage watershed operations including forest management and wastewater solids programs. (h) Manage all aspects of fleet maintenance and equipment services. The Director of Public Works shall perform such other duties as the City Council or Mayor may direct or as may be required by law. AAA~ MV~bAAAVAAb ~A A M~AAW Vi ~AA~O ~Z ~ W~ b WO ZO b~ yAWVA~ Z~Z AAA~AA~AAA~ ~AA~AaA~VAAAA~ 5 Departments a~ Directors T~a~-~T ~,4 ~.. ~TI-,~ ,~T;1;T;~o ~,..~A ~ ~,~;~a,4 1.,,, t-l.,~ ~;T.. ~o ~11~,.~. y 6 Departments and Directors SECTION 5. Chapter 2.15 of the Bremerton Municipal Code entitled "Department of Building and Planning" is hereby amended to read as follows: 7 Departments and Directors Chapter 2.15 DEPARTMENT OF ?.U!LDING AND PLANN!NCCOMMUNITY DEVELOPMENT I 2.15.010 DEPARTMENT CREATED. There is hereby created the Department of~...~..~,~":~a: .... ~...~ Plmnn~ngCo~unity Development to be administered by the Director of m.:~: .... ~ m~:~ · ........ ~ ............ ~Communlty Development. .... :"*~ by *~ ~s ........ ~:~, ,~ ~ ..... - -:~ ~~,:~-.. . ... ~ ~:-~,~- ~h~n. 2.15.020 DIRECTOR OF COMMUNITY DEVELOPMENT - POSITION CREATED AND APPOINTMENT. There is hereby created the position know as the Director of Community Development. The Director of Community Development shall be appointed by the Mayor, subject to confirmation of the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the department. 2.15.030 DUTIES. The Director of Community Development shall provide for the operation and administration of the building and planning functions for the City including, but not limited to: (a) Processing and issuance of development permits. (b) Long Range Planning, preparation of Comprehensive Plan amendments, and development of land use regulations. (c) Current planning, providing permit processing, land use compliance and enforcement including environmental and shoreline review. (d) Administration of federal community development grant funds and development of resources and policies for other community development projects in the areas of housing, economic development, public facilities, and social service projects. The Director of Community Development shall perform such other duties as the City Council or Mayor may direct or as may be required by law. 8 Departments and Directors 2.15.025940 COMMUNITY EMPOWERMENT ZONE ADMINISTRATOR. The City of Bremerton hereby designates the Director of Community Development, or the Director's designee, as the Community Empowerment Zone Administrator for the area designated as a Community Empowerment Zone within the jurisdiction of the City of Bremerton. This designation is in fulfillment of the requirements of RCW 43.31C.070. 2.15 ....950 REFERENCE. Throughout this code any reference to Department of t- ...... :,,, r~ .... , ....., · · ............. a ...... v ....... Building and Planning or Director of ............. ., ~eve.cpmentBuilding and Planning shall be interpreted 9 Departments and Directors to mean Department nf ~.,:~a: .... a Dlo~:~ ' .......... ~, .............. ~Commumty Development and Director of ~..:la: ....a PI i gCO ityD 1 p ........ e, ~ --mn n mmun eve o ment SECTION 6. A new chapter, Chapter 2.16, is hereby added to the Bremerton Municipal Code entitled "Fire Department" to read as follows: Chapter 2.16 FIRE DEPARTMENT 2.16.010 DEPARTMENT CREATED. There is hereby created the Fire Department for the purposes of performing fire suppression, emergency medical response, and fire prevention and inspection services for the City. The department shall be supervised by the Fire Chief who shall serve as its director, who shall have complete charge of all of the work of the department, and who shall be responsible for hiring and supervising employees of the department. 2.16.020 FIRE CHIEF - POSITION CREATED AND APPOINTMENT. There is hereby created the position known as Fire Chief who, pursuant to the City Charter shall serve as Fire Marshal for the City. Pursuant to the City Charter, the position of Fire Chief shall be subject to the City's civil service system. The Fire Chief shall be appointed by the Mayor, subject to confirmation by the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the department. All appointees to the position of Fire Chief shall be subject to the City's civil service rules and regulations relating to demotion and termination. 2.16.030 DUTIES. It shall be the duty of the Fire Chief to provide for the operation and administration of fire suppression, emergency medical services, and fire prevention and inspection functions for the City. The Fire Chief shall also serve as the Emergency Manager for the City. The Fire Chief shall perform such other duties as the City Council or Mayor may direct or as may be required by law. 10 Departments and Directors SECTION 7. A new chapter, Chapter 2.17, is hereby added to the Bremerton Municipal Code entitled "Parks and Recreation Department" to read as follows: Chapter 2.17 PARKS AND RECREATION DEPARTMENT 2.17.010 DEPARTMENT CREATED. There is hereby created the Parks and Recreation Department for the purpose of performing parks and recreation services for the City. The department shall be supervised by the parks director who shall serve as its director, who shall have complete charge of all of the work of the department, and who shall be responsible for hiring and supervising employees of the department. 2.17.020 PARKS DIRECTOR - POSTION CREATED AND APPOINTMENT. There is hereby created the position known as Parks Director. The Parks Director shall be appointed by the Mayor, subject to confirmation of the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the department. 2.17.030 DUTIES. It shall be the duty of the parks director to provide for the proper maintenance and operation of public parks, playgrounds, recreational and golf course facilities, and Ivy Green Cemetery; and to provide recreational programs on behalf of the City. The Parks Director shall perform such other duties as the City Council or Mayor may direct or as may be required by law. SECTION & Chapter 2.22 of the Bremerton Municipal Code entitled "Department of Personnel" is hereby amended to read as follows: 11 Departments and Directors Chapter 2.22 HUMAN RESOURCES DEPARTMENT OF PERSONNEL 2.22.010 DEPARTMENT CREATED. There is created the Human Resource Departmentq~soa~t administered by the Human Resources Mmmg~Director. The position of Human Resources Mamager-Director is appointed by the Mayor an~ subject to Council confirmation. 2.22.020 HUMAN RESOURCES DIRECTOR - POSITION CREATED AND APPOINTMENT. There is hereby created the position known as Human Resources Director. The Human Resources Director shall be appointed by the Mayor, subject to confirmation of the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the department. 2.22.~20030 DUTIES. The Human resources Director ~ shall be responsible to *'^" ~'~ ~,~n .... :.~ (a) Advise City administrators on professional personnel management practices including performance evaluations and employee relations. (b) Support City labor negotiator and negotiations advisory team. (c) Conduct employee training and counseling. (d) Administer employee benefit programs. (e) Maintain personnel records. (f) Perform annual and special salary surveys. (g) Serve as liaison between the administration and Civil Service Commission. (h) Coordinate temporary placements in support of the City Workers Compensation Program. The Human Resources Director shall perform such other duties as the City Council or Mayor may direct or as may be required by law. 12 Departments and Directors 2.22.040 REFERENCE. Throughout this code any reference to the Department of Personnel or Director of Personnel shall be interpreted to mean Human Resources Department and Director of Human Resources. SECTION 9. Chapter 2.34 of the Bremerton Municipal Code entitled "Police Department" is hereby amended to read as follows: Chapter 2.3419 POLICE DEPARTMENT 2.19.010 DEPARTMENT CREATED. There is hereby created the City Police Department. The department shall be supervised by the Chief of Police who shall serve as its director, who shall have complete charge of all of the work of the department, and who shall be responsible for hiring and supervising employees of the department. 2.19.020 CHIEF OF POLICE - POSITION CREATED AND APPOINTMENT. There is hereby created the position known as Chief of Police. Pursuant to the City Charter, the position of Chief of Police shall be subject to the City's civil service system. The Chief of Police shall be appointed by the Mayor, subject to confirmation by the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the department. All appointees to the position of Chief of Police shall be subject to the City's civil service rules and regulations relating to demotion and termination. 2.19.030 DUTIES. The Chief of Police shall be the chief police officer of the city responsible for maintaining the peace of the city. The Chief of Police shall have the responsibility for the appointment, removal and suspension of employees of the department subject to the city's civil service rules and regulations, the city's personnel policies, and labor agreements. The chief shall 13 Departments and Directors be responsible for the management of the police department and the administration of the department's budget as authorized and directed by the City Council and the Mayor. The Chief of Police shall perform such other duties as the City Council or Mayor may direct or as may be required by law. SECTION 10. Section 3.01.050 of the Bremerton Municipal Code entitled "Police Department - Rate Table D" is hereby amended to consolidate fees for service removed from Chapter 2.34 with other Police Department fees as follows: 3.01.050 POLICE DEPARTMENT - RATE TABLE D. Traffic Accident Reports Fingerprints Criminal History Check Verification Letter for Lost or Stolen Property Photo Prints Licenses for Dogs and Cats Alarm Compliance Fee Service Fee for Anti-Harassment Order Service of Arrest Warrants and Subpoenas 14 Departments and Directors SECTION 11. Rate Table of Chapter 3.01 of the Bremerton Municipal Code is hereby amended to consolidate fees for service removed from Chapter 2.34 with other Police Department fees as set forth in Exhibit A attached hereto. SECTION 12. Severabili~_. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 13. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the~ day of lr'-'~ ,2002 t ~ PASSED by the City Council the ~ day of ~/~-'~~ ,2002 CAROL ARENDS, Council President Approved this ~ day of _~_t_21~_~ ~002 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk '~R)~GER A. LUBOVIC~,, C-~ ~y PUBLISHED the~ day of~~]~aa/'l~L~" 2002 EFFECTIVE the~day of 2002 ORDINANCE NO. 4/J>/E) 15 Departments and Directors POLICE DEPARTMENT- RATE TABLE D All Rates Listed Are "Not To Exceed" Fees POLICE DEPARTMENT 12/31/1999 01/01/01 01/01/02 RATES RATES RATES Traffic Accident Reports $5.00 $6.00 $7.00 Fingerprints - 1st Card $6.00 $7.00 $8.00 Each Additional Card $6.00 $7.00 $8.00 Criminal History Check $6.00 $7.00 $8.00 Verification Letter for Lost or Stolen Property $6.00 $7.00 $8.00 Photo Prints Actual Cost of Actual Cost of Actual Cost of (Per Set When in Possession of the Dept.) Processing Processing Processing Licenses for Dogs and Cats For Each Cat Spayed or Neutered $5.50 $6.00 $6.50 (Upon Proof of Spaying or Neutering) For Each Dog Spayed or Neutered $10.00 $10.50 $11.00 (Upon Proof of Spaying or Neutering) For Each Cat Not Spayed or Neutered $11.00 $12.00 $35.00 For Each Dog Not Spayed or Neutered $20.00 $21.00 $35.00 Alarm Compliance Fee 1st False Alarm in any 1 Quarter $30.00 $35.00 $40.00 2nd False Alarm in the same Quarter $60.00 $70.00 $80.00 3rd False Alarm in the same Quarter $120.00 $140.00 $160.00 or Subsequent Alarms in a Calendar Quarter Service Fee for Anti-Harrassment Order $30.00 $35.00 $40.00 Service of Arrest Warrants and Subpoenas Arrest Warrant -- -- $15.00 plus Subpoena -- -- $6.00 plus mileage Preparation of return of service -- -- ~5.00 Milea,qe (for each mile actually and -- -- $0.25 per mile necessarily traveled by a member of the Police Department in ,qoin,q to or returnin.q from any place of service, or attempted service) Table D - D 1 EXHIBIT A .~ '....". . AFFIDA VIT OF PUBLICATION County of Kitsap, State of Washington No. 1000222229 I, Melinda Monroe, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE SUN; that said newspaper has been approved as a legal newspaper by order of the /superior Court of the Count of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: Sept. 04, 2002, during all of said period. That he full amount ofthe fee charged for the foregoing publication is the sum of $81.91 which amount has not been paid in full. \\\\\111111//1/11 U \\\ III /Y'\ ^ () /l111l ",\ ~~E.FFE"J? fill - I V \A. 'j.......,:; V V~~ ;$" ) ........ -to ,/, t ~ :....... i A........ .p '% (Signature of Principal Clerk) .::: __ ... ~o A y ... 't- ::: S~~Wf~ 6!}~~w~t~before me this day of Sept. 06, 2002. ::;;........PUBI..\C,.:J.....::::- . -::;:. .." .. ...::::' ~ ' /- '. .' 0 .'- ~ ~ ...............:).\~ .:;: ~ Of: p,S~' 0' . . 11//1/ W \\\\\\ Notary PublIc In and for the 111/1/1/11\1\\\ ORDINANCE NO. 4810' AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending certain chapters of Title 2 and Chapter 3.01 of the Bremerton Municipal Code, revising and updating the provisions relating to city departments and department directors by adding a new chapter, Chapter 2.05 entitled "Departments and Directors;" revising and updating provisions relating to the appointment, confirmation and duties of department directors; adding a new chapter, Chapter 2.16 entitled "Fire Department;" adding a new chapter, Chapter 2.17 entitled "Parks and Recreation Department;" amending Chapter 2.10 relating to the Department of Public Works and Utilities; amending Chapter 2.15 relating to the Department of Building and Planning; amending Chapter 2.22 relating to the Department of Personnel; amending Chapter 2.34 relating to the Police Department; repealing Chapter 2.49 and amending Section 2.50.090 relating to management and professional employees and the appointment and confirmation of certain employees; and amending Section 3.01.050 and Rate Table D consolidating rates and fees removed from Chapter 2.34 with other police department rates and fees in Chapter 3.01.- APPROVED by the City Council the 21st day of August, 2002- PASSED by the City Council the 28th day of August, 2002- .. . ,-~ " The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.- September 4,