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HomeMy WebLinkAbout4966 ORDINANCE NO. 4 q (a (Q AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Chapter 2.22 of the Bremerton Municipal Code entitled "Human Resources Department" and amending certain sections of Chapter 2.05 entitled "Departments", Chapter 2.06 entitled "City Attorney", Chapter 2.09 entitled "Department of Financial Services", and Chapter 2.92 entitled "Office of Risk Management and Safety", all relating to a reorganization of certain offices for more efficient delivery of administrative services of city government. WHERE~S, the City Council desires to amend chapters of the Bremerton Municipal Code relating to city departments in order to obtain more efficiency in the provision of certain administrative services of city government; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.22 of the Bremerton Municipal Code entitled "Human Resources Department" is hereby repealed in its entirety. SECTION 2. Section 2.05.010 ofthe Bremerton Municipal Code entitled "Departments" is hereby amended to read as follows: f 2.05.010 DEPARTMENTS. Departments of the City ofBremerton are created pursuant to the chapters and their provisions as follows: Chapter 2.06 Office of the City Attorney Chapter 2.07 Economic Development Department Chapter 2.09 Department of Financial Services Chapter 2.10 Department of Public Works and Utilities Chapter 2.15 Department of Community Development Chapter 2.16 Fire Department Chapter 2.17 Parks and Recreation Department Chapter 2.19 Police Department Chapter 2.22 Human Resources Dspa:rtment SECTION 3. Section 2.06.010 of the Bremerton Municipal Code entitled "Department Created" relating to the Office of the City Attorney is hereby amended to read as follows: 2.06.010 DEPARTMENT CREATED. There is hereby created the Office of the City Attorney which shall serve as the Legal Department for the city pursuant to the laws ofthe State of Washington and the Charter of the 1 City Departments 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 City Attorney shall oversee the civil and prosecution divisions ofthe office and the Office of Risk Management and Safety established pursuant to Chapter 2.92 BMC. SECTION 4. Section 2.06.030 of the Bremerton Municipal Code entitled "Duties" relating to the Office of the City Attorney is hereby amended to read as follows: 2.06.030 DUTIES. To accomplish the directives ofthe 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. &.- Manage the Office of Risk Management and Safety. (~}. 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. (gD.';" 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. (fig}';" 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. (ih) On request of the Mayor or Council participate in intergovernmental relations affecting the City. liD.';" 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. (kj) Direct or participate in proceedings for the vacation of streets, condemnation of land, land acquisition, sale of surplus properties, and related legal transactions. (lk}';" Prepare and administer the budget for the Office of the City Attorney. (mI}- Serve as advisor and/or participant in labor negotiations and approve labor contracts as to form. (Hill}- Coordinate and assist in obtaining information and legal opinion from Municipal Research as requested by the Mayor, Council President, or Chair of the Audit Committee. (eg}- Prepare and/or approve ballot measures and levies. {rQ}';" Interpret substance, form, and applicability of the City Charter and ensure consistency of all ordinances, resolutions, and administrative rules therewith. 2 City Departments SECTION 5. Chapter 2.09 of the Bremerton Municipal Code entitled "Department of Financial Services" is hereby amended to read as follows: Chapter 2.09 DEPARTMENT OF FINANCIAL SERVICES 2.09.010 DEPARTMENT CREATED. There is hereby created the Department of Financial Services. The Department of Financial Services shall consist of the following divisions, as well as any other divisions established by the City Council: 1. Finance; 2. Information Technology; 3. Office of the City Clerk; 4. Human Resources; 5. Office of Risk Management and Safety; and 4Q. Bremerton Kitsap Access Television (BKA T). The duties enumerated in each division as set forth in this chapter may be reassigned within the Department of Financial Services at the discretion of the Director of Financial Services for the purpose of achieving work efficiencies. 2.09.020 DIRECTOR OF FINANCIAL SERVICES AND DIVISION MANAGERS - POSITIONS CREATED AND APPOINTMENT. (a) Department Director - Appointment. There is hereby created the position of Director of Financial Services who shall be in charge of the Department of Financial Services and all divisions established thereunder. The Director of Financial Services shall have complete charge of all of the work of the Department and shall be responsible for hiring and supervising employees of the Department. The Director of Financial Services 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 ofthe department. All appointees to the position of Director of Financial Services are terminable at will by the Mayor as set forth in Chapter 2.05 BMC. (b) Division Managers - Appointment. There are hereby created the positions of Finance Officer, Information Technology Manager, Human Resources Manager, City Clerk, Risk Manager, and Public Access Manager as managers for their respective divisions. The managers (hereinafter "managers" or "division managers") shall manage the operations of their respective divisions and shall report directly to the Director of Financial Services. The division managers shall be appointed by and shall serve at the pleasure of the Director of Financial Services, subject to the approval of the Mayor, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the division. All appointees to the division manager positions shall serve as "at will" employees subject to termination by the Director of Financial Services 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. 3 City Departments 2.09.030 FINANCE DIVISION CREATED - DUTIES. There is hereby created the Finance Division for the purpose of performing all finance and accounting functions of the City of Bremerton. The division shall be managed by the Finance Officer who shall serve as the City Treasurer. It shall be the duty of the Finance Officer to: (a) Be responsible for assisting in 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 and purchasing. (f) Maintain an inventory of capital assets. (g) Collect and account for all City funds. The Finance Officer shall perform such other duties as the Mayor and Director of Financial Services may direct or as may be required by law. 2.09.040 INFORMATION TECHNOLOGY DIVISION CREATED - DUTIES. There is hereby created the Information Technology Division for the purpose of performing all information technology operations of the City. The division shall be managed by the Information Technology Manager. It shall be the duty of the Information Technology Manager to: (a) Direct the activities of the Information Technology division with the responsibility to provide technological leadership in systems planning, implementation and support programs. (b) Direct the development and maintenance of long-range information processing plans and budgets. (c) Act as a contact person with user departments responding to and analyzing their mqumes. The Information Technology Manager shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. 2.09.050 OFFICE OF THE CITY CLERK CREATED - DUTIES. There is hereby created the Office of the City Clerk for the purpose of performing all records management functions of the City. The division shall be managed by the City Clerk. It shall be the duty ofthe City Clerk to act as the official records keeper of the City and in such capacity shall perform those duties as required by the laws of the State, City Charter or City Code. The City Clerk shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. 2.09.060 OFFICE OF HUMAN RESOURCES CREATED - DUTIES. There is hereby created the Office of Human Resources. The division shall be managed by the Human Resources Manager. It shall be the duty ofthe Human Resources Manager to: (a) Assist City departments with recruitment. testing and hiring as applicable 4 City Departments (b) Advise City departments on professional personnel management practices including performance evaluations and employee relations. (c) (d) (e) (t) (g) (h) (i) Program. Support City labor negotiator and negotiations advisory team. Conduct employee training and counseling. Administer employee benefit programs. Maintain personnel records. Perform salary surveys. Serve as liaison between the administration and Civil Service Commission. Coordinate temporary placements in support of the City Workers Compensation The Human Resources Manager shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. 2.09.070 OFFICE OF RISK MANAGEMENT AND SAFETY. The division shall be managed by the Risk Manager. It shall be the duty of the Risk Manager to carry out the provisions of Chapter 2.92 BMC. The Risk Manager shall perform such other duties as the Mayor and the Director of Financial Service may direct or as may be required by law. 2.09.OW080 BREMERTON KIT SAP ACCESS TELEVISION (BKA T) DIVISION CREATED - DUTIES. There is hereby created the Bremerton Kitsap Access Television (BKA T) Division for the purpose of performing all public access television functions of the City. The division shall be managed by the Public Access Manager. It shall be the duty of the Public Access Manager to manage the production, programming and operation of the local access television station. The Public Access Manager shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. SECTION 6. Chapter 2.92 of the Bremerton Municipal Code entitled "Office of Risk Management and Safety" is hereby amended to read as follows: Chapter 2.92 OFFICE OF RISK MANAGEMENT AND SAFETY 2.92.010 CREATED. There is created the Office of Risk Management and Safety within the Office of the City Attorney Department of Financial Services. The supervisor of said office shall be the Risk Manager, who shall report directly to the City AttomeyDirector of Financial Services. 2.92.020 FUNCTIONS. The Office of Risk Management and Safety shall be responsible for: (~-l-) Loss reduction or prevention where such reduction or prevention is cost effective; 5 City Departments CQ~) 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; C9.J.) Coordination and handling of all claims, including workers' compensation claims; and (44) The maintenance of an effective employee safety program within the City. C~~) 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. (~-l-) 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. CQ~) The Safety Officer is not required to be assigned to the Office of the City .^.ttorneyDepartment of Financial Services. He or she may be assigned to any other department within the City,. The duties of Safety Officer may also be assigned to one or more persons, but when functioning in that capacity, the Safety Officer will serve under the direction of the Risk Manager. (fJ.) The Safety Officer, through the Risk Manager, may 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 Gity .'\ttorneyDirector of Financial Services stating the reasons for the disagreement. The Mayor shall make the final decision regarding implementation of any disputed recommendation. (44) 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. (~~) 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 WISHA 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. (fe) The City Attorney shall advise and recommend to all City Departments, appropriate contractual clauses providing for indemnity, hold harmless and insurance provisions. 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. 6 City Departments 2.92.040 INSURANCE/SELF-INSURANCE/POOLED COVERAGE PROGRAMS. The Risk Manager is responsible for the design, negotiation, procurement and administration of all insured, self-insured and/or pooled coverage programs: (~+) The Risk Manager shall determine and recommend the appropriate retention levels and amount of reserves to be established; (h~) 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; (~J) The Risk Manager shall purchase, with the approval of the City ,'\ttomeyDirector of Financial Services and City Council, all insurance policies, funded self-insurance programs, pooled coverage and related services, and shall administer the same; (44) 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 may be required by Council. 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 workers' compensation claims to a fair and equitable conclusion. (~+) 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. (h~) 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. (~J) The Risk Manager shall coordinate with the City Attorney and the Human Resources Director 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. (44) The Human Resources Director shall develop appropriate return-to-work opportunities for injured employees and, when feasible, will coordinate the implementation of specific return-to-work plans with the department heads involved. 2.92.055 CLAIMS MANAGEMENT COMMITTEE. CLAIMS 1.L^...NAGEMENT COMMITTEE. To assist the Mayor, a Claims Management Committee comprised of the Mayor or designee, City Attorney, Risk Manager, appropriate department head(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 claims against the City. The committee's review shall include: (a) (b) (c) (d) The possibilities for early settlement. Identification of defense and settlement strategies. Identification of defense counsel. Estimation of reserve level necessary for claims resolution. 7 City Departments ( 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 City 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. (h~) 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. (9.J.) The Risk Manager shall initiate and/or coordinate the investigation of all nonlitigation claims. The Risk Manager may employ, subject to the City Attoffiey'sDirector of Financial Services' 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 City Attorney Director of Financial Services. (f~) For all nonlitigation claims of $15,000 or more, the Risk Manager shall provide the Director of Financial Services City Attorney with a recommendation that the nonlitigation claim be accepted or denied and the reasons therefor. Upon request of the Director of Financial ServicesCity Attornoy, the Risk Manager shall coordinate additional investigation of the claim. The Mayor shall have the authority to accept or deny the claim provided, however, that claim payments in excess of$49,999 shall be subject to approval by the City Council. (g9) 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. 2.92.070 CLAIMS MANAGEMENT - LITIGATION CLAIMS. (M-) 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. (Q~) 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 Risk Manager and City Attorney. (9.J.) The Risk Manager shall transmit copies ofthe lawsuit to the affected department and/or individual and, where appropriate, to the insurance company, pool or representative. The Risk Manager shall advise the City Attorney 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 City Attorney's approval, the services of claims specialists. All investigation oflaw suits shall be conducted as the agent of the City Attorney, and protected by the attorney-client privilege and attorney work product rule. 8 City Departments (f~) 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. (ge.) The City Attorney shall have the authority to authorize settlements up to $14,999. Crr-1-) For all litigated claims of $15,000 or more, the City Attorney shall provide the Mayor with a recommendation that the litigated claim by accepted or denied and the reasons therefor. The Mayor shall have the authority to accept or deny the claim, provided however that settlement payments in excess of$49,999 shall be subject to approval by the City Council. (i&) The City Attorney shall maintain complete histories of all lawsuits sufficient to document at least a five-year history of same. 2.92.075 CLAIMS NEGOTIATION, DISCUSSION, AND REPORTING. (~-l-) 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: (la) Negotiate or otherwise effect the settlement of a claim or lawsuit involving the city; (~b) Discuss with persons other than the Risk Manager, Director of Financial Services, 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 hislher supervisor. (Q~) 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 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 acknowledgment that the City's insurers have withheld approval. C~;;) The Risk Manager shall annually report to the council the total number and amount of all claims filed against the city and the number and amounts of all claims or lawsuits paid by the city during the preceding calendar year. 2.92.080 RECOVERY OF LOSSES. (~-l-) Action for Recovery. The Risk Manager and City Attorney shall be responsible for bringing all actions, including claims and lawsuits, for recovery oflosses to the City arising out ofthe 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 ofloss to the City. (Q~) 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. 9 City Departments SECTION 7. Severabilitv. If anyone 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 8. 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. PASSED by the City Council the d..~ day of lpt{J' ~ .I ,2006 ~V-~ CECIL McCON ELL, CouncIl PresIdent Approved this 4::t:iv day of PUBLISHED the u..l dayof ~i: EFFECTIVE the j&L day of ORDINANCE NO. "9(p~ R: \Legal\Legal\Ordinances\legal\Departments 2006. doc APPROVED AS TO FORM: ~~~~ . R E: A. LUBOVICH, CilY-AtloIDey ,2006 ,2006 10 City Departments AFFIDA VIT OF PUBLICATION 1> Account # 42742/ Ad # 955 ST ATE OF WASHINGTON COUNTY OF KITSAP I, Sarah Weller, 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 KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County 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, a weekly newspaper in 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: April 3, 2006, and that such newspaper was regularly distributed to its subscribers during all of $52.00, which amount has not been paid in full. ~MaR UJeQL (Signature of Principal Clerk) Subscribed and sworn to before me this day of April 6, 2006. Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 4966 AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Chapter 2.22 of the Bremerton Municipal Code entitled "Human Resources Department" and amending certain sections of Chapter 2.05 entitled "Departments", Chapter 2.06 entitled "City Attorney", Chapter 2.09 entitled "Department of Financial Services", and Chapter 2.92 entitled "Office of Risk Management and Safety", all relating to a reorganization of certain offices for more efficient delivery of administrative services of city government. PASSED by the City Council the 29th day of March, 2006. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, W A 98337. April 3, 2006 AD#955