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HomeMy WebLinkAbout4808 ORDINANCE NO. a~j.-~ 0 ~:~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 2.08 restructuring the departments and divisions reporting to the Director of Administrative Services, by adding a new Chapter 2.09 to the Bremerton Municipal Code creating a separate Finance Department to include the accounting division and the treasury division; amending Chapter 2.06 of the Bremerton Municipal Code relating to the Office of the City Attorney; and amending Chapter 2.92 of the Bremerton Municipal Code relating to the Office of Risk Management and Safety. WHEREAS, the current provisions of Chapter 2.08 of the Bremerton Municipal Code relating to the Director of Administrative Services includes provisions relating to the department of finance, risk management division, accounting division and treasury division and WHEREAS, the City Council desires to restructure the departments and divisions reporting to Administrative Services by creating a separate Finance Department to include the accounting division and treasury division, re-designating the risk management and safety office division as reporting to the Office of the City Attorney and amending Chapter 2.92 relating to the Office of Risk Management and Safety to accomplish the same; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.08 of the Bremerton Municipal Code entitled "Director of Administrative Services" is hereby amended to read as follows: 1 Administrative Services- Finance and Risk Management Chapter 2.08 ~..._._.._inT~"v~........ r~...... ADMINISTRATIVE SERVICES DEPARTMENT 2.08.010 DEPA_RTMENT CREATED. There is hereby created the Administrative Services Department. The Administrative Services Department shall consist of the Office of the City Clerk, the information services division, the purchasing division, and Bremerton Kitsap Access Television (BKAT~. The department shall be managed by the Director of Administrative Services who shall serve as the Cit_~ Clerk. The Director of Administrative Services shall have complete chtu:ge of all of the work of the department and shall be responsible for hiring m~d supervising employees of the department. 2.08.020 DIRECTOR OF ADMINISTRATIVE SERVICES - POSITION CREATED AND APPOINTMENT. There is hereby created the position ka~own as the Director of Administrative Services. The Director of Admiifistrative Services shall be appointed by the Mayor, subject to confirmation by the City Com~cil, on the basis of professional experience, education and demonstrated 'knowledge of accepted practices relating to the duties of the depamnent. 2.08.030 DUTIES. The Director of Ach~nin.istrative Services, in addition to perfom~ing the duties of City Clerk, shall provide for the administration and operation of information services, purchasing and BKAT functions for the City. The Director of Administrative Services shall perform such other duties as the Ci_ty Council or Mayor may direct or as may be required by law. 2 Administrative Services - Finance and Risk Management SECTION2. A new chapter, Chapter 2.09, is hereby added to the Bremerton Municipal Code entitled "Finance Department" to read as follows: Chapter 2.09 FINANCE DEPARTMENT 2.09.010 DEPARTMENT CREATED. There is hereby created the Finance Depamnent for the purpose of performing all finance and accounting functions of the City of Bremerton. The department shall be managed by the Finance Director who shall serve as the City Treasurer. The Finance Director shall have complete charge of all of the work of the department and shall be responsible for hiring and supervising employees of the department. 3 Administrative Services - Finance and Risk Management 2.09.020 FINANCE DIRECTOR- POSITION CREATED AND APPOINTMENT. There is hereby created the position known as Finance Director. The Finance Director 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. 2.09.030 DUTIES AND POWERS. It shall be the duty of the Finance Director to: (a) Be responsible for the management of the city's investment and debt portfolios. (b) Assist city administration in budget preparation and monitoring. (c) Maintain the accounting system in accordance with generally accepted accounting principles (GAAP). (d) Maintain the payroll system. (e) Exercise control of accounts payable. (f) Maintain an inventory of capital assets. (g) Collect and account for all city funds. The Finance Director shall perform such other duties as the City Council and the Mayor may direct or as may be required by law. SECTION 3. Chapter 2.06 of the Bremerton Municipal Code entitled "City Attorney" is hereby amended to read as follows: Chapter 2.06 OFFICE OF THE CITY ATTORNEY 2.06.010 OFFICEDEPARTMENT CREATED. There is hereby created the Office of the City Attorney which shall serve as the L~egal Ddepartment for the city pursuant to the laws of the State of Washington and the Charter of the City of Bremerton for the purpose of representing the city in all legal matters involving the city. The office shall be managed by the City Attorney who shall serve as its director, and who shall be responsible for hiring and supervising employees of the office. The C/tv Attorney shall 4 Administrative Services - Finance and Risk Management oversee the civil and prosecution divisions of the office and the Office of Risk Management and Safety established pursuant to Chapter 2.92 BMC. The r~;,,, ^ ~, ....... shall be ...... ;~*'~'~v' 2.06.020 APPOINTMENT. The City Attorney shall be appointed by the Mayor subject to confirmation by the City Council. Th.e resignation of the City Attorney shall be effective upon the acceptance of resi~.ation by the Mayor. 2.06.020030, DUTIES. To accomplish the directives of the City Charter and requirements of state law, the function of the Office of the City Attorney shall include, but not be limited to: a. Advise the Mayor, boards, commissions, department heads, Council and its committees, and other City officials and officers, including the rendering of formal legal opinions when so requested or when it appears to the attorney advisable to do so. b. Attend all regular and special meetings of the Council, unless excused by the President of the Council. c. Prepare, draft, approve as to form, or supervise the preparation of ordinances, resolutions, leases, deeds, contracts and/or agreements, and such other and similar instruments as may be required by the business of the City. d. Represent the City in criminal prosecutions in Municipal Court and appellate courts. o~i~gg;S4;q~.Manage the Office of Risk Management and Safety. f. Represent the City in all litigation and administrative proceedings in which the City is involved either as a plaintiff or defendant, or recommend the appointment of special counsel therein. 5 Administrative Services - Finance and Risk Management g. Attend meetings of the Civil Service Commission, pension boards, and other commissions, boards, or committees required by law, or as directed by the Council, or requested by the chair of such board or commission. h. Facilitate bond issues; provided, this shall not mean the rendering of an opinion on the validity of the bonds in any case where special bond counsel has been retained by the City or by any prospective bond buyer. i. On request of the Mayor or Council participate in intergovernmental relations affecting the City. j. Keep litigation files and records, and copies of all other official written communications, and deliver same to successors of the Office of the City Attorney. k. Direct or participate in proceedings for the vacation of streets, condemnation of land, land acquisition, sale of surplus properties, and related legal transactions. 1. Prepare and administer the budget for the Office of the City Attorney's m. Serve as advisor and/or participant in labor negotiations and approve labor contracts as to form. n. Coordinate and assist in obtaining information and legal opinions fi:om Municipal Research as requested by the Mayor, Council President, or Chair of the Audit Committee. o. Prepare and/or approve ballot measures and levies. p. Interpret substance, form, and applicability of the City Charter and ensure consistency of all ordinances, resolutions, and administrative rules therewith. rr'l ill 6 Administrative Services - Finance and Risk Management 2.06.040 OUTSIDE EMPLOYMENT. The City Attorney and Assistant City Attorneys shall not engage in legal practice or compensable legal work while holding office with the City; provided, pro bono and minor legal matters for immediate family members are not prohibited so long as they do not interfere or conflict with this office. SECTION4. Chapter 2.92 of the Bremerton Municipal Code entitled "Risk Management and Safety Office" is hereby amended to read as follows: Chapter 2.92 OFFICE OF RISK MANAGEMENT AND SAFETY OFFICE 2.92.010 CREATED. There is created mathe Office of Risk Management and Safety within the Office of the City Attorney. D,~v, .......... cf Ad~d-n;~s"~'~;/;e ~erv:,ce~. The supervisor of said office shall be the Risk Manager, who shall report directly to the Director of Administrative £¢ndcesCiW Attorney. 2.92.020 FUNCTIONS. The Office of Risk Management and Safety shall be responsible for: (1) Loss reduction or prevention where such reduction or prevention is cost effective; (2) Transfer of risks to other parties where feasible through the purchase of insurance, and/or risk retention through a system of self-insurance and/or participation in programs providing pooled coverage, in whatever combination is most responsible and cost effective; (3) Coordination and handling of all claims, including workers' compensation claims; and (4) The maintenance of an effective employee safety program within the City. 7 Administrative Services- Finance and Risk Management (5) Writing interdepartmental rules as he or she deems appropriate for the implementation and administration of this chapter. 2.92.030 RESPONSIBILITY - SAFETY, LOSS REDUCTION, PREVENTION. (1) The Risk Manager shall be responsible for risk identification, analysis and control. Under the direction of the Risk Manager, the Safety Officer shall develop and administer the City's Safety Program and ensure compliance with the program by making periodic inspections of City facilities, work sites, and office spaces in regards to employee safety. The Risk Manager and the Safety Officer have full authority to immediately stop any ongoing work when prescribed safety precautions are not being adhered to, or if there are serious concerns for safety until the matter is satisfactorily resolved. (2) The Safety Officer is not required to be assigned to the ~epth-n~q~ ........................... Office of the City Attorney. He or she may be assigned to any other department within the City, but when functioning in that capacity, the Safety Officer will serve under the direction of the Risk Manager. (3) The Safety Officer, through the Risk Manager, willmay make written recommendations regarding employee safety to the appropriate Department Head. Should the Department Head disagree with the Safety Officer, a written response shall be made to the ...................................... ltv Attorney stating the reasons for the disagreement. The Mayor shall make the final decision regarding implementation of any disputed recommendation. (4) The Safety Officer is responsible for ensuring proper safety training is provided to all City employees and for ensuring that required certifications for employees are kept current. He or she shall also become actively involved in the on-going training programs provided by Human Resources and other departments and ensure that a portion of that training is on Safety Awareness and Loss Prevention. (5) The Risk Manager and Safety Officer are permanent members of the City's Safety and Health Committee and shall monitor the Committee to ensure compliance with all applicable WlSHA directives, provide input, and offer advice and assistance in helping the Committee to achieve its stated goals. The Safety Officer shall maintain the file of minutes of each Committee meeting. 8 Administrative Services- Finance and Risk Management (6) The City Attomes~.isl( Manager shall advise and recommend to all City Departments, appropriate contractual clauses providing for indemnity, hold harmless and insurance provisions_., an~ The Risk Manager shall review all proposed City contracts, permits and leases to ensure that all contractual provisions relating to indemnity and hold harmless provisions adequately protect the City. (7) 2.92.040 INSURANCE/SELF-INSURANCE/POOLED COVERAGE PROGRAMS. The Risk Manager is responsible for the design, negotiation, procurement and administration of all insured: ~,z:¥d/or self-insured and/or pooled coverage programs: (1) The Risk Manager shall determine and recommend the appropriate retention levels and amount of reserves to be established; (2) The Risk Manager shall negotiate with insurance brokers for any type of insurance and may recommend that the City engage the services of such brokers; (3) The Risk Manager shall purchase, with the approval of the ~ ......................... ~ty_ Attome7 and City Council, all insurance policies, funded self- insurance programs, pooled coverage and related services, and shall administer the same; (4) The Risk Manager shall make an annual report to the City Council regarding insurance coverage and the level of retained risk, and such other reports as arcma¥ be required by Council; 9 Administrative Services - Finance and Risk Management 2.92.050 CLAIMS MANAGEMENT - SELF-INSURED WORKERS' COMPENSATION CLAIMS. The Risk Manager, or designee, shall be responsible for the direction and monitoring of all ~,~c; ...... , .............. d workers compensation claims to a fair and equitable conclusion. (1) Every employee shall immediately complete the appropriate report form when work-related injury or illness occurs and promptly forward same to the designated supervisor, who is responsible for immediately forwarding to the Risk Manager with any pertinent comments. The Risk Manager shall complete the employer section. (2) The Risk Manager shall coordinate activity on the claim with the claim's administrator, who shall be a certified workers' compensation claims administrator as required by law, including time-loss, medical verification, and instruction involving progress of the claim. (3) The Risk Manager shall coordinate with the City Attorney and the Human Resources ~' n ........ · .......... ~,~., D~rector for retaining such outside expertise as necessary for the resolution of claims. These may include, but are not limited to, doctors, rehabilitation specialists, and investigators. The City Attorney's Office may elect to represent the City in all hearings and/or trials involving workers' compensation claims, or shall appoint outside counsel when appropriate..~ and .....~;"~'~'~ '":**' ~:e r~;~. ~/r ...... (4) The Human Resources Manage~Director shall develop appropriate return-to-work oppommities for injured employees and, when feasible, will coordinate the implementation of specific return-to-work plans with the department heads involved. k'-'J ~_,,,., .,..~,o~,-,. ~.,{,.~,.,.,.~,.,,. o,..t,.,,, ,,,.~,,~ ,_.,,~,.,.,,..,,,.,1..,,.,., ,.,.,,,.,,~.,,.,,.., , ,.,,.,.,o ,.. ..... ~'~'",:5, 1.-'.'"'-".' .... ,.,,, ,~, bC, 2.92.055 CLAIMS MANAGEMENT COMMITTEE. CLAIMS MANAGEMENT COMMITTEE. To assist the Mayor: a Claims Management Committee shal~comprised of the Mayor or designee, City Attorney, ])ii:eemv-of ^ a~;..;o~.~.;,,~ c ~,;~ Risk Manager, appropriate department headl]s), and the City's contracted claims adjuster may convene as needed as determined by the City Attorney. This committee will review large, litigated, or controversial liability and workers' compensation a .........th quarterly basis. The committee's review shall include: claims against the City on ~-~+ ~ ..... 10 Administrative Services - Finance and Risk Management (a) The possibilities for early settlement. (b) Identification of defense and settlement strategies. (c) Identification of defense counsel. (d) Estimation of reserve level necessary for claims resolution. (e) Discussion and clarification of loss control responsibilities and policies. 2.92.060 CLAIMS MANAGEMENT - NONLITIGATION CLAIMS. The Risk Manager or designee shall be responsible for the successful conclusion of all nonlitigation claims by or against the City. (1) The r~;~ ............................................... ~ Clerk is hereby designated ,,., ...... ~ ........to receive all claims. He/she shall forward to the Risk Manager all nonlitigation claims naming the City and/or its officers or employees, which claim(s) allege that said officers or employees, acting within the scope of their duties, caused the claimant damages. (2) All city departments, divisions and other city agencies shall report immediately to the Risk Manager the occurrence of any accident or incident which may give rise to a claim by or against the city to ensure prompt investigation of the incident. (3) The Risk Manager shall initiate and/or coordinate the investigation of all nonlitigation claims. The Risk Manager may employ, subject to ,h,~,,,, ~,~,~:-,-x'f ........ o City_ Attorney's_ approval, the services of claims specialists. All investigation of nonlitigation claims and potential claims shall be conducted as the agent of the City Attorney, and protected by the attorney-client privilege and attorney work product rule. (4) The Risk Manager shall have the authority to deny or negotiate the settlement of any claim to an amount not to exceed $14,999 subject to the approval of the Ci_ty (5) For all nonlitigation claims of $15,000 or more, the Risk Manager shall provide the Claims M-m-rage ..................... ,_,,,_~ Attorney with a ,,v6tme,-recommendation that the nonlitigation claim be accepted or denied and the reasons therefor. E'ac~ -,','d,~en recommendation · ............ * ............... C]ty Attorney, the Risk Manager Upon request of the Claim,~ M ..... s ......... r, ;~=~ ' shall coordinate additional investigation of the claim. The Mayor shall have the authority to 11 /1 dm in istrative Services - Finance and Risk Management accept or deny the claim provided, however, that claim payments in excess of $49,999 shall be subject to approval by the City Council. (6) The Risk Manager shall maintain complete histories of all nonlitigation claims reported to the office of Risk Management and Safety, and investigation thereof sufficient to document at least a five-year claims history. t, ~ ................... ~ ......................... }, ............................... ~ th.c procedu:~es to 2.92.070 CLAIMS MANAGEMENT - LITIGATION CLAIMS. (1) Service of process on the Mayor, Mayor's designee or City Clerk shall constitute service on the city. No other city official or employee may accept service of a summons and/or complaint unless such official or employee is specifically named in the lawsuit. (2) The Mayor, Mayor's designee or City Clerk or defendant employee upon accepting service of the summons and/or complaint, shall deliver copies to the Dircctor of ~ ,~;~-.~,;.,~ c ~,; ....c~.. ~;~+-.:,...,~ .... the Ri k Man ge and City Atto y (3) The Risk Manager shall transmit copies of the lawsuit to the affected department and/or individual and, where appropriate, to the insurance company, .pool or representative. The Risk Manager shall advise the Ceity Aattorney% ~-c,.~: .... :,:~.. _ _ ~ ..... , ........... ~, of the insured status of the lawsuit. (4) The Risk Manager shall initiate and/or coordinate the investigation of all lawsuits which may be insured against involving the city and/or its officials/employees. The risk manager may employ, subject to ,,~a},, o C]_ty Attorney s approval, the services of claims specialists. All investigation of law suits shall be conducted as the agent of the City Attorney, and protected by the attorney-client privilege and attorney work product rule. (5) Upon completion of the investigation, or at any time requested by the City Attorney, the Risk Manager shall ~forward the investigative file to the City Attorney. Upon request of the City Attorney, the Risk Manager shall coordinate additional investigation of the lawsuit. (6) The City Attorney shall have the authority to authorize settlements up to $14,999. 12 Administrative Services - Finance and Risk Management (7) For all litigated claims of $15,000 or more, the City Attorney shall provide the r,~;,,~o,~.~.._~ -.~,-,-'-~-.-,~-~~'~ ....... . .......... ,r~.,~.~;+~ ............... .... Mayo~ w~th' a ~reco~endation that the litigated claim be accepted or denied and the reasons therefor, e.,~ ....~,, .............~,: .... ~.., ~ ............. ~.~ ~:*-; .... ~ i ..... ~.~.~.~ ~c,~.~ ~;.. The Mayor shall have the authority to accept or deny the claim, provided however that settlement pa~ents in excess of $49,999 shall be subject to approval by the City Co~cil. (8) The City A~omey shall maint~n complete ~stofies of all lawsuits sufficient to document at least a five-year ~sto~ of sine. 2.92.075 CLAIMS NEGOTIATION, DISCUSSION, AND REPORTING. (1) Except as specifically directed by the Risk Manager, Mayor or City Attorney, no city department, division, or other city agency, and no city official or employee, acting individually or collectively, may engage in the following acts: (a) Negotiate or otherwise effect the settlement of a claim or lawsuit involving the city; (b) Discuss with persons other than the Risk Manager, Mayor, City Attorney, or persons authorized by the Risk Manager, Mayor or City Attorney, incidents which could reasonably lead to a claim or lawsuit against the city; provided, however, that the employee may discuss the incident with his/her supervisor. (2) Prior to any formal settlement offer, the Risk Manager shall be advised, in writing, of all proposed settlements of claims and lawsuits against the City. The Risk Manager shall seek approval of its exce~s insurers, in conformance with the provisions of any insurance policies applicable to the claim or lawsuit. In the event the insurer does not provide necessary settlement approval, no settlement shall be made without the Mayor's written approval and acknowledgunent that the City's insurers have withheld approval. e sk Manager,,~,~, ..~-. ................ j ............... ..... .t ...... s .... , s a mmually report to the council the total number and amount of all claims filed against the city and 13 Administrative Services - Finance and Risk Management the number and amounts of all claims or lawsuits paid by the city during the preceding calendar year. 2.92.080 RECOVERY OF LOSSES. (1) Action for Recovery. The Risk Manager and City Attorney shall be responsible for bringing all actions, including claims and lawsuits, for recovery of losses to the City arising out of the acts of others. Such losses may include property damage or losses which impact on the City as a result of personal injuries to city officers or employees. In addition, the City Attorney may join the City as a party with any third party; in a lawsuit involving recovery of loss to the . omc3 .............. ~, ..................... ~, ......................... s (2) Allocation of Recoveries. Any moneys recovered (excluding costs of recovery) by the Risk Manager or City Attorney on account of losses to the City shall be paid to the budget unit or department which has expended funds and/or materials as a result of the loss. Any moneys in excess of those so expended shall be transferred to the risk management fund as :,ct fo~h in. S cct/o.n4¢-2~0.90 ,.c +~.4~ .,.~,~.. SECTION 5. 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 6. E_.ffective 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 ~ ~ ,2002 PASSED by the City Council the ./O~:d-,~ day of C/~.~ff ,2002 CAROL AR~NDS, Council President 14 Administrative Services - Finance and Risk Management Approved this ~ day of kl,~.J~---- ,2002 CARY BDZE~, Mayor ATTEST: APPROVED AS TO FORM: KATi~IL'EElql MCCLUSK~, City Clerk -Ri30GER A. L'~BOVICH, Cit~ttomey PUBLISHED the~ day of (/~. ff~--. ,2002 EFFECTIVE the~dayof {t,~~ ,2002 ORDINANCE NO...~gtOff RSLEGAL\OrdinancesXAdministration~Finance and Risk Management.doc 15 Administrative Services - Finance and Risk Management AFFIDA VIT OF PUBLICATION County of Kitsap, State of Washington No. 100013726 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: July 16,2002 during all of said period. That he full amount of the fee charged for the foregoing publication is the sum of $43.04 which amount has not been paid in full. \\\\\\\\IIIIIIi;;, ~ ~"\\~\:.r: F EA';'r 111<,/</, -.JI\A - Q ~ ~ <( ............. 0'9 '< I ~ ')' ...... \ p.. R y"'.., 1- 'C:~ (Signature of Principal Clerk) Subsc~ct{~li"~ ~~ct~~~re me this day of July 19, 2002. :::: ~ '2.'ll?' \ (; : i-- ::: ~ U>.... puB\.. .... C) ~ ~ -^ ..... ..... ~ ,:..~' f. -.. .- ,..... 'l '7;- ....... s 0- " (/" '/// t: 0 F Vi F'- ....,,~' 111///, '\\\\\\'Notary Public in and for the I Ii 11111 \ \ \ 'M SUMMARY OF ORDINANCE NO. 4808' AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 2.08 restructuring the departments and divisions reporting to the Director of Administrative Services, by adding a new Chapter 2.09 to the Bremerton Municipal Code creating a separate Finance Department to include the accounting division and the treasury division; amending Chapter 2.06 of the Bremerton Municipal Code relating to the Office of the City Attorney; and amending Chapter 2.92 of the Bremerton Municipal Code relating to the Office of Risk Management and Safety.- APPROVED by the City Council the 26th day of June, 2002.- PASSED by the City Council the 10th day of July, 2002.- The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.- July 16, 2002--#100013726- " ..