Loading...
HomeMy WebLinkAbout5232 ORDINANCE NO. 5232 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapters 2 06 and 2 09 and creating Chapter 2 11 of the Bremerton Municipal Code to remove Human Resources as a division of the Department of Financial Services, establish Human Resources as the Office of Human Resources, to assign the Office of Human Resources to report to the City Attorney, and make other related changes WHEREAS, Human Resources is currently a division of the Department of Financial Services, and WHEREAS, the City Council desires to remove Human Resources as a division of the Department of Financial Services and establish Human Resources as the Office of Human Resources in a new chapter of the Bremerton Municipal Code, and WHEREAS, the City Council also desires to assign the Office of Human Resources to report to the City Attorney and make other related changes to the City code, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION]. Chapter 2 06 of the Bremerton Municipal Code entitled "Office of the City Attorney" is hereby amended to read as follows Chapter 2.06 OFFICE OF CITY ATTORNEY 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 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 City Attorney shall oversee and manage the civil and prosecution divisions of the office The City Attorney shall also oversee and manage the Office of Risk Management established pursuant to Chapter 2 92 BMC and the Office of Human Resources established pursuant to Chapter 2 11 BMC 2.06.020 APPOINTMENT. The City Attorney shall be appointed by the Mayor subject to confirmation by the City Council The resignation of the City Attorney shall be effective upon the acceptance of resignation by the Mayor 1 Office of Human Resources 2.06.030 DUTIES. To accomplish the directives of the City Charter and requirements of state law, the functions 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 (e) 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 (f) 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 (g) 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 (h) On request of the Mayor or Council participate in intergovernmental relations affecting the City (i) 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 0) Direct or participate in proceedings for the vacation of streets, condemnation of land, land acquisition, sale of surplus properties, and related legal transactions (k) Prepare and administer the budget for the Office of the City Attorney (1) Serve as advisor and /or participant in labor negotiations and approve labor contracts as to form (m) 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 (n) Prepare and /or approve ballot measures and levies (o) Interpret substance, form, and applicability of the City Charter and ensure consistency of all ordinances, resolutions, and administrative rules therewith (p) Manage the Office of Risk Management (q) Manage the Office of Human Resources 2.06.040 OUTSIDE EMPLOYMENT. The City Attorney and Assistant City Attorneys shall not engage in any legal practice outside the Office of the City Attorney that would interfere or conflict with the duties of this office 2 Office of Human Resources SECTION Z 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 (a) Divisions 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) Office of the City Clerk, (3) Information Technology, and (4) Bremerton Kitsap Access Television (BKAT) (b) Duties The Director of Financial Services shall be in charge of the Department of Financial Services and all divisions established thereunder 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 The Director of Financial Services is also responsible for the management of the Conference Center operating fund 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 of the 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 Assistant Director of Financial Services, City Clerk, Information Technology 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 an applicable rule or regulation, the City Charter, ordinance, or terms and conditions as approved by the City Council 3 Office of Human Resources 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 Assistant Director of Financial Services who shall serve as the City Treasurer It shall be the duty of the Assistant Director of Financial Services 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 Assistant Director of Financial Services 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 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 of the 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 The City Clerk is authorized to appoint one or more Deputy City Clerks as needed to fulfill the duties of the City Clerk during his or her absence 2.09.050 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 inquiries 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 4 Office of Human Resources 2.09.060 BREMERTON KITSAP ACCESS TELEVISION (BKAT) DIVISION CREATED — DUTIES. There is hereby created the Bremerton Kitsap Access Television (BKAT) 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 SECTION3. Anew chapter, Chapter 2 11, entitled "Office of Human Resources" is hereby added to the Bremerton Municipal Code to read as follows Chapter 2.11 OFFICE OF HUMAN RESOURCES 2.11.010 OFFICE CREATED. There is created the Office of Human Resources The Office of Human Resources shall be administered by the Human Resources Manager, subject to the direction and supervision of the City Attorney 2.11.020 POSITION. The Office of Human Resources shall be administered by the Human Resources Manager, or other assigns, subiect to the direction and supervision of the City Attorney, or designee The Human Resources Manager shall report directly to the City Attorney, or designee The duties of the Human Resources Manager may be assigned to one or more employees in the City Attorney's Office who shall hereinafter be referred to in this chapter as "Human Resources Manager " 2.11.030 DUTIES. It shall be the duty of the Human Resources Manager to (a) Assist City departments with recruitment, testing and hiring as applicable (b) Advise City departments on professional personnel management practices including performance evaluations and employee relations (c) Support City Labor Negotiator and negotiations advisory team (d) Conduct employee training and counseling (e) Administer employee benefit programs (f) Maintain personnel records (g) Perform salary surveys (h) Serve as liaison between the administration and Civil Service Commission (i) Coordinate temporary placements in support of the City Workers Compensation Program The Human Resources Manager shall_perform such other duties as the City Attorney may direct or as may be required by law SECTION 4. SeverabihU 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 5 Office of Human Resources SECTION S. 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 AV of AlhY4f'YJ 2013 '�" W G E ELER, Council President Approved this �S �y of 14 A& y tI ' 4 * , 2013 P ATTY LE , yor TTEST APPROVED AS TO FORM A I A S SHANNON CORIN, City Clerk ROGER A LUBOVICH, C orney PUBLISHED the /" ( day of �V'MhV, / 2013 EFFECTIVE the of ,e {'}'� 2013 ORDINANCE NO �p�3o� R \ Legal \Legal \Ordmances\legal \Office of Human Resources docx 6 Office of Human Resources AFFIDAVIT OF PUBLICATION Account #42742 AD #20137853 STATE OF WASHINGTON COUNTY OF KITSAP I, Christine Kendrick, 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 an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit And on Nov 27, 2013 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $45 82 This amount has not been paid in full (Signature of Principal Clerk) Subscribed and sworn to before me this day of November 29, 2013 UU Notary Public in and for the State of Washington, Kitsap County NOTARY PUBLIC STATE OF WASHINGTON CHRISTY M MOFFITT My Appointment Expims July 08, 2016 ORDINANCE NO 5232 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapters 2 06 and 2 09 and creating Chapter 2 11 of the Bremerton Municipal Code to remove Human Resources as a division of the Department of Finanacial Services, establish Human Resources as the Office of Human Resources, to assign the Office of Human Resources to report to the City Attorney, and make other related changes PASSED by the City Council on the 20th day of November, 2013 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 November 27, 2013 AD# 20137853