HomeMy WebLinkAbout09296
City Clerk’s Office Item # R-4
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: May 29, 2018
TO: Christopher A. Nicoll and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: AN ORDINANCE AMENDING THE PUEBLO MUNICIPAL CODE TO
IMPLEMENT THE MAYOR-COUNCIL FORM OF GOVERNMENT
SUMMARY:
Attached for consideration is an Ordinance which makes various amendments to the Pueblo
Municipal Code to implement the change from a Council-City Manager form of government to a
Mayor-Council form of government.
PREVIOUS COUNCIL ACTION:
There has been no previous council action regarding changes to the Pueblo Municipal Code made
necessary by the change in the form of government.
BACKGROUND:
On November 7, 2017, the voters of the City of Pueblo, by passing Ballot Issue 2A by a 52% -
48% margin, changed the form of government of the City from a Council-City Manager format to
a Mayor-Council format. Ballot Question 2A adopted numerous changes to the City Charter for
the purpose of changing the City’s Chief Executive Officer from City Manager to Mayor. The
charter amendment requires corresponding changes to the Pueblo Municipal Code.
FINANCIAL IMPLICATIONS:
The financial implications associated with the change in the form of government are unknown at
this time.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If City Council does not approve this Ordinance, the Pueblo Municipal Code will be inconsistent
with the amended City Charter.
RECOMMENDATION:
Approve the Ordinance.
Attachments:
Proposed Ordinance.
ORDINANCE NO. 9296
AN ORDINANCE AMENDING THE PUEBLO MUNICIPAL
CODE TO IMPLEMENT THE MAYOR-COUNCIL FORM OF
GOVERNMENT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates new matter being added)
SECTION 1.
In accord with City Charter Section 3-22, the codifier is instructed to amend the
following sections of the Pueblo Municipal Code by striking “City Manager” wherever it
appears and replacing that term with “Mayor” in the following sections of the Pueblo
Municipal Code:
P.M.C. Section No. Descriptive Heading
1-5-3 Departmental Organization; Divisions
1-5-5 Bonds
1-5-6 Administrative Policy and Procedures
1-5-8 Settlement of Claims
1-6-2 Municipal Judges
1-6-7 Records of Court
1-8-1(5) Designated City Representative
1-8-5 Compliance Review
1-9-24 Waiver
1-9-30 Complaints Against City Officials and Employees
1-10-4 Formal Bidding Procedures
1-10-5 Informal Bidding Procedures
1-10-6 Award of Contract
2-3-16(2) Extended Period
2-5-4(7) Powers and Duties
2-5-7 Relation to City Departments and Agencies
3-2-30 Routing; local delivery
4-7-2 Board-up of vacant and unsafe buildings
4-8-4 Amendments to the I.P.M.C.
4-13-2(w) Amendments
4-14-5 HPC staff
4-14-6 Powers and duties of HPC
4-14-19 Injunction
6-1-5 Legal assistance to the Commission
6-1-6 Agreements
6-2-1 Director; duties
6-3-1(3) Definitions
6-4-3 Classification of new positions
6-4-4(d) Reporting changes in duties, reclassification
6-4-5 Appeal from classification or reclassification
6-4-6 Age limits and physical qualifications
6-5-1 Salary schedule established by Council
6-5-3 Maintenance of the salary schedule
6-5-4 Employee representation; salaries; benefits
6-5-5 Entrance salary rates
6-5-6(c) Advancement; probationary salaries
6-5-7(e)(2) Computation of salaries
6-5-11 Maintenance in kind
6-5-18(b) Unclassified part-time employees
6-6-1(b) Holidays
6-6-2 Vacation leave
6-6-5 Paid sick leave benefits
6-6-11 Special leave
6-7-3(a) Partially disabled employees; light duty
6-7-8 Tuition refund
6-7-9 Separation agreements
6-8-1 Establishment of positions
6-8-2 Number of positions
6-8-3 Abolition of position
6-8-4 Reclassification
6-8-5 Vacancies
6-8-6 Notification of vacancy, appointment
6-8-8 Part-time appointments
Medical examinations, requirements; condition
6-8-10 precedent to appointment
6-8-11 Transfer
6-8-12(d) Drug screening
6-9-1 Notice
6-9-3 Replacement
6-9-4 Replacement appeal
6-11-2 Grievances; step-by-step procedure
6-11-3(a) Continuances and limitations
6-11-6 Employee representatives
6-12-4(c) Decision of Commission on appeal
6-13-R3 Office hours
6-13-R4 Commission staff, duties
6-13-R6(a) Waiver or modification of application requirements
6-13-R9 Education
6-13-R12 Additional requirements
6-13-R18(d) Examinations; general
6-13-R21(c) Reapplication
6-13-R32 Cancellation of eligible list
6-13-R33 Appointments
7-1-2 Abatement
7-1-3 Cost of abatement
7-1-4(b) Duties of Health Officer and Police Department
7-3-5(b) Unlawful not to remove, charges, lien
7-3-8 Jurisdiction of City Manager
7-3-17 Community solid waste clean-up program
7-3-41(a) Junked vehicle; notice; deemed nuisance
7-3-42 Removal procedure; expense
7-3-43 Disposal procedure
7-4-3(a) Notice to destroy
7-4-4 Removal or destruction by City
7-5-6(d) Demolition, dismantling or renovation activities
7-8-4 Hearings Officer
9-10-88(d)(1) Temporary civic banners; permit required; penalties
9-12-1(4) Definitions
9-13-3(1) Definitions
9-13-15(b) Appeals
9-15-2(3) Definitions
9-15-8(b) Denial of non-cigarette tobacco product license
9-15-13(b) Suspension or revocation of license
10-1-5(b) Park uses requiring a permit.
10-1-13(g) Unlawful acts
10-2-6(2) Enforcement of Notice and Order
10-2-12 Waste; disposal as prescribed
10-3-5(b) Notice; abatement
11-1-405 Nuisances
11-4-18 Spread of rabies
11-4-45(i) Licenses; expiration; fees
11-5-3 Declaration of emergency
11-5-4 Curfew
11-5-5 Powers during civil emergency
11-5-6 Duration
License, auctioneer's; required; term; fee;
11-6-2 investigation; qualifications
Auction house; required; term; fee; investigation;
11-6-3(a) qualifications
11-6-4 Revocation; suspension
11-6-5 Bond required; amount; conditions; maintaining
Permit; when required; application; information;
11-6-7 inventory
11-6-10 Exemptions; permits
11-7-1(d) Custodian; appointment; duties; sale of perishables.
11-7-2 Place for safekeeping
11-7-4 Annual report; contents
11-7-5(a) Final public notice
11-7-6 Claim to property; notice to Director of Finance
Unclaimed property; disposition by sale or
11-7-8 otherwise; proceeds
11-9-8 Removal of graffiti
12-1-27 Contents
12-4-7(j)(1)d. Minimum standards
12-9-14 Governing body and advisory committee
Sales and Use Tax Capital Improvement Projects
14-4-85.1(1) Fund; definitions
Sales and Use Tax Capital Improvement Projects
14-4-85.3(a) Fund; approval, criteria and standards
Sales and Use Tax Capital Improvement Projects
14-4-85.9(b) Fund; antifraud and performance requirements
14-5-4 Future service; modification of conditions
14-5-11 Corporate surety bond
14-5-17 Default
14-7-17 Recovery at law
15-1-8(a) Amendments and additions
15-1-11 Parking meter tokens; sale; distribution
15-1-13 School crossing guard program.
15-2-5(a) Marking
15-3-5 Charging cost of abatement to property; lien
16-2-6 Procedure
16-4-3 Applications
16-4-4 Procedure
16-4-5(a) Construction permit
16-4-7 Nonpayment; remedies
16-4-8(b) Discontinuance of use
16-5-5(d) Cost recovery
16-6-5 Refunds and adjustments
16-6-10 Annual review
16-7-6 Decision on appeal
16-7-23(d) Use of public sewers required
16-11-5 Refunds
16-12-3(3.5) Definitions
17-2-1(7) Definitions
17-4-7(b)(1) c Landscape Performance Standard
17-5-1(a) Administration and enforcement
17-8-2(f) Definitions
17-10-13(a) Enforcement, violations and penalties
17-15-33 Appeal
17-15-34 Recovery of costs
17-16-110.9 Definitions
17-16-212.3 Administrative Approval
Submission Requirements for All Permit
17-16-222 Applications; Waivers
In accord with City Charter Section 3-22, the codifier is instructed to amend the
following sections of the Pueblo Municipal Code by striking “Assistant City Manager” or
“Deputy City Manager” wherever they appear and replacing those terms with “Deputy
Mayor” in the following sections of the Pueblo Municipal Code:
P.M.C. Section No. Descriptive Heading
1-1-5 Definitions and rules of construction
1-9-2 Definitions
SECTION 2.
Chapter 1 of Title I of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 1-1-5. – Definitions and rules of construction.
In the construction of this Code and of all ordinances, the following
definitions shall be observed, unless the context clearly indicates otherwise:
. . .
(33) Whenever the word Mayor is used, it shall be construed to
\[\]
Mayor of
mean the President of the Council of the City of Pueblo.
SECTION 3.
Chapter 2 of Title I of the Pueblo Municipal Code is hereby amended as
follows:
Sec. 1-2-6. – Penalties; power to pardon.
\[\]
Mayor
ThePresident of the Council shall have power to grant pardons
and to remit fines and penalties imposed for any violation of any provision of this
Code, but in every case where he or she may exercise this power, he or she shall
report such action to the City Council at its next meeting, with his or her reasons.
SECTION 4.
Chapter 4 of Title I of the Pueblo Municipal Code is hereby amended as
follows:
Sec. 1-4-3. – Execution of official papers; authorized signatures; attestation;
ratification of existing papers.
\[\]
Mayor
(a) The President of the Council , or in his or her absence or
\[\]
Deputy Mayor
inability to act, the Vice President of the Council , shall sign all
ordinances, deeds, contracts, conveyances, licenses, warrants, bonds, coupons
and other instruments.
\[\]
Mayor or Deputy
(b) The signature of the President of the Council
Mayor
shall be attested by the City Clerk, and the instrument shall be sealed with
the seal of the City.
. . .
Sec. 1-4-4. – Advisory committees.
\[\]
Mayor
(a) The President of the Council may from time to time create
, subject to Council
a committee or committees and appoint members thereto
confirmation,
to advise him or her in matters relating to public affairs. All
members of such committees shall serve without pay and at the pleasure of the
\[\]
Mayor
President of the Council . At the time of creating any such committee or
\[\]
Mayor
appointing or removing any member thereof, the President of the Council
shall inform the City Council at the next regular Council meeting.
. . .
Sec. 1-4-9. – Council executive meetings.
(a) The City Council shall sit with open doors at all sessions and shall
keep a journal of its proceedings which shall be a public record. All meetings of a
quorum of the City Council are declared to be public meetings and open to the
\[\]
the affirmative vote of two-thirds
public at all times except, by majority vote
(2/3)
of the members present at a Council meeting or meeting of the Executive
Committee of the Council, the Council may go into executive meeting closed to the
public for which no journal is required to be kept, for any of the following purposes,
provided that the general nature of such purpose is announced before the vote to
go into executive meeting is taken:
. . .
\[
(2) Discussion of existing or prospective personnel of the City,
including without limitation the appointment, removal or performance of the
\]
hired by the City Council.
City Manager or any department head
.
. . .
(f) The Mayor shall have the right to attend and be heard at any
executive session meeting of the Council, except when the City Council is
receiving legal advice from an attorney employed by the City Council.
SECTION 5.
Section 2 of Chapter 5 of Title I of the Pueblo Municipal Code is hereby amended
as follows:
\[\]
Sec. 1-5-2. – City ManagerMayor.
\[
The City Manager shall be the Chief Executive of the City government,
shall enforce the laws of the City and require the faithful performance of all
\]
administrative duties. His or her duties are enumerated below and in the Charter:
The Mayor shall control and direct the executive branch of City government
and shall be the chief executive officer with all executive and administrative
powers of the City, except as otherwise provided in Charter. Any authority
previously delegated to the City Manager pursuant to any prior contract,
intergovernmental agreement or other legal instrument executed under the
previous City Council-Manager form of government is vested in and may be
exercised by the Mayor. The duties and powers of the Mayor are enumerated
in Charter and specifically include:
(1) Duties.
In accordance with the Charter and
a. Appoint, dismiss, etc.
\[\]
civil service provisions of this Code,Aa
ppoint competent, qualified
staff and employees to the administrative service and have the power to
\[
dismiss, suspend and discipline, in accordance with the Charter and civil
\]
service provisions of this Code, all staff members and employees in the
administrative service under his or her control. He or she shall also have
the power to authorize a department head or staff member responsible to
him or her to appoint and remove subordinates serving under that
department head or staff member.
\[
\]
Assignment
b. Appoint to acting capacity. Designate himself or
herself or some other staff member or employee to perform the duties of
any position in the administrative service under his or her control. Such
person shall be designated a deputy or acting department head and shall
Any
serve with the same powers and functions as the department head.
such assignment as acting department head shall only be made for
periods in which the department head is on leave or for a period not
to exceed six months during which the selection and confirmation
process for appointment of the department head has been initiated
and is proceeding.
(2) Powers.
a. Prescribe rules. Have the power to prescribe such rules and
regulations as he or she shall deem necessary or expedient for the conduct
of administrative agencies subject to his or her authority and have the power
to revoke, suspend or amend any rule or regulation of the administrative
service by whomever prescribed.
b. Investigate. Have the power, either by himself or herself or by
any staff member or person designated for the purpose by him or her, to
investigate and to examine or inquire into the affairs or operation of any
\[
;
department, division, bureau or office.and, when so authorized by the
City Council, have power to employ consultants and professional counsel
\]
to aid in such investigations, examinations or inquiries
c. Overrule administrative staff. Have the power to set aside any
action taken by a department head and may supersede him or her in the
functions of his or her position.
d. Assign duties. Have the power to direct any department,
division or bureau to perform work for any other department, division or
bureau, or to perform any work assigned by ordinance to any other
department, division or bureau, and to assign to any department, division or
\[\]
Mayor
bureau any duty imposed by ordinance on the City Manager,
provided that nothing contained herein shall be construed to authorize the
\[\]
Mayor
City Manager to assign the duties and functions of any department
established by Charter to another department.
e. Appoint administrative committees. Have the power to
designate from the administrative service such committees and the officers
thereof as he or she shall find necessary for the proper consideration of
administrative problems. Such committees shall meet at the request of the
\[\]
Mayor
City Manager and shall make such recommendation on matters
referred to them as they shall find necessary for the best interests of the
City.
f. Agree to minor amendments to contracts previously approved
by City Council, provided that no single amendment, and all such
amendments to any single contract cumulatively, do not significantly modify
the City's obligations under the contract and do not increase the City's
financial obligations thereunder by more than ten percent (10%) of the
original contract price.
g. Unless otherwise required by general law or the Charter,
make appointments to all boards and commissions, subject to Council
confirmation. All appointments to boards and commissions existing
on December 31, 2018 shall continue until expiration of their
respective terms unless the appointee is removed by the Mayor. Any
ordinance in effect prior to December 31, 2018 which is inconsistent
with such power of the Mayor is superceded by the provisions of this
Subsection (g).
SECTION 6.
Chapter 6 of Title I of the Pueblo Municipal Code is hereby amended as follows:
Sec. 1-6-2. – Municipal Judges.
\[\]
Mayorsubject to Council confirmation
TheCity Council shall appoint
as many Municipal Judges as may be requires to conduct the affairs of the
Municipal Court. All Municipal Judges shall be attorneys admitted to practice law
in the State. Each Municipal Judge shall be appointed for a term of two (2) years
\[\]
Mayor
and may be removed by the City Council for cause.
Sec. 1-6-3. – Presiding Judge.
\[\]
Mayor
The City Council shall appoint one (1) of the Municipal Judges to
act as a Presiding Judge. The Presiding Judge shall supervise all of the Court’s
personnel and act as Municipal Court Administrator.
Sec. 1-6-4. – Compensation for Judges.
Municipal Judges are unclassified employees of the City, and their salaries
shall be set by the City Council and shall be budgeted as an item of the annual
budget.
Sec. 1-6-5. – Substitute Judge.
The Presiding Municipal Judge shall appoint a Substitute Judge to
temporarily serve when no regular Municipal Judge is able to preside due to illness,
disqualification or similar grave reason. All Substitute Judges shall be attorneys
admitted to the practice of law in the State. No appointment as a Substitute Judge
shall be for a period longer than five (5) consecutive days without the previous
\[\]
Mayor
approval of the City Manager or the City Council. Substitute Judges shall
be paid at least fifty dollars ($50.00) for each day actually served from funds
budgeted to the Municipal Court.
SECTION 7.
Chapter 9 of Title I of the Pueblo Municipal Code is hereby amended as follows:
Sec. 1-9-2. – Definitions.
As used in this Chapter, unless the context otherwise requires:
. . .
(3) City official means an elected or appointed official of the City,
\[
including the City Manager, a deputy City Manager, an assistant City
\]
Mayor, Deputy Mayor
Manager,, a department director and appointed
members of boards and commissions, but excluding an employee of the
City.
SECTION 8.
Chapter 3 of Title II of the Pueblo Municipal Code is hereby amended as follows:
Sec. 2-3-3. – Board of Trustees; creation; membership.
There is hereby granted a Board of Trustees in whom is vested the general
administration, management and responsibility for the proper operation of the
retirement system, and for making effective and construing the provisions of this
Chapter. The Board shall consist of five (5) trustees, as follows:
(1) The Mayor.
\[\]
President of the City Council.
(2) The City Manager.
(3) The City Clerk.
(4) Two (2) members of the retirement system to be elected by
the members of the retirement system under such rules and regulations as
the Board shall from time to time adopt.
SECTION 9
Chapter 2 of Title III of the Pueblo Municipal Code is hereby amended as follows:
Sec. 3-2-59. - Board of Appeals.
Section 108 of the International Fire Code as amended and adopted by the
City is hereby deleted in its entirety and amended to read as follows:
"Any person aggrieved by any ruling, decision, interpretation or order of the
Fire Chief, the Deputy or Assistant Fire Chief in charge of fire prevention or
the Fire Department shall have the right to appeal to the Fire Board of
Appeals, which is hereby created. Such Board shall consist of five (5)
members who shall be residents of the City qualified by experience or
training in fire safety or related matters. The Fire Chief shall be a nonvoting
ex officio member and shall act as secretary of the Board. The Board of
\[\]
the Mayor,
Appeals shall be appointed by resolution of the City Council
subject to City Council confirmation,
for such terms and upon such
\[\]
by the Mayor
conditions as shall be set forth in such resolution. The
\[\]
the Mayor
Board members shall serve at the pleasure ofCity Council.
The Board shall adopt reasonable rules and regulations for conducting its
proceedings and shall render all decisions and findings in writing to the Fire
Chief, with a duplicate copy to the appellant, and may recommend to the
\[\]
Mayor
City Council such new legislation as the Board may deem
necessary.
. . .
SECTION 10.
Section 4 of Chapter 14 of Title IV of the Pueblo Municipal Code is hereby
amended as follows:
Sec. 4-14-4. - Historic Preservation Commission (HPC).
(a) There is hereby created the Pueblo Historic Preservation
Commission (HPC) consisting of seven (7) members who have resided in the City
for at least one (1) year preceding their appointment.
\[\]
the Mayor,
(b) All appointments to HPC shall be made by Council
subject to Council confirmation
. In the event of a vacancy occurring during the
\[\]
he Mayor,
term of an HPC member, Council shall make an appointment
t
subject to Council confirmation,
to fill the vacancy for the balance of the
unexpired term.
(c) The initial terms of the members of HPC shall be three (3) members
for four (4) years, two (2) members for three (3) years and two (2) members for
two (2) years. Following the initial terms, the terms of all members shall be four (4)
years. No member shall serve more than two (2) successive terms. A member
shall continue in office after expiration of his or her term until a successor has been
\[\]
the Mayor, subject to Council confirmation
appointed by Council. Members
\[\]
the Mayor
of HPC may be removed by Council at any time, with or without
cause.
(d) Members of HPC shall serve without compensation. To the extent
\[\]
the Mayor
authorized by Council and funds are budgeted and appropriated
therefor, members may be reimbursed for actual expenses necessarily incurred,
such as training, or incidental to the performance of their duties for HPC.
(e) All HPC members shall have demonstrated interest, experience,
knowledge or training in fields closely related to historic preservation. To the extent
\[\]
the Mayor, subject to Council confirmation,
available, Council shall appoint
members to HPC who have backgrounds in history, architecture, landscape
architecture, architectural history, archaeology, planning or other historic
preservation related disciplines, such as the building trades, cultural geography,
cultural anthropology, education, ethnic organizations, fine arts, finance,
\[\]
the Mayor
commerce, real estate or law. Also, to the extent availableCouncil
,
, subject to Council confirmation,
shall appointone (1) member who is a tenant
\[\]
The
or real property owner from the Historic Business Zone District (HB). Council
Mayor
shall attempt to maintain the balance of interests and skills of the members
of HPC; however, at least three (3) members of HPC should be professionals in
historic preservation related fields.
(f) HPC shall elect a Chairperson and Vice Chairperson, each serving,
a one-year term and eligible for reelection. HPC shall develop and adopt bylaws
governing its activities consistent with this Chapter, and it shall conduct its
business in accordance with Robert's Rules of Order, except as modified by bylaws
or this Chapter.
(g) HPC shall conduct its activities at its regular monthly meetings, or at
any special meeting as called by the Chairperson or Vice Chairperson. The bylaws
shall specify the time and place for regular monthly meetings. Notice and agenda
of all HPC meetings must be posted and meetings shall be open to the public at
all times in compliance with the Colorado Open Meetings Law.
SECTION 11.
Chapter 1 of Title V of the Pueblo Municipal Code is hereby amended as follows:
Sec. 5-1-2. - Definitions.
As used in this Chapter:
(1) Clerk means City Clerk.
(2) Election official means any City Clerk, any member of the
the Mayor,
Board of Elections, Judge of Election, or City Council member
engaged in the performance of election duties as required by this Chapter.
. . .
SECTION 12
Section 3 of Chapter 1 of Title VI of the Pueblo Municipal Code is hereby amended
as follows:
Sec. 6-1-3. - Jurisdiction.
Employment in the City shall be divided into unclassified and classified
service. The powers and duties of the Civil Service Commission shall be applicable
only to employees of the classified service.
(1) The unclassified service shall comprise and consist of the following
officers:
a. Members of the City Council and other elective officers, and
persons appointed to fill vacancies in elective offices;
b. The City Clerk;
\[\]
Mayor, Deputy
c. The City Manager and assistant managers,
Mayor, and Assistant Deputy Mayors
if any;
d. The directors and heads of bureaus and departments;
\[\]
Mayor
e. One (1) private secretary to theCity Manager;
f. Members of boards and commissions in the municipal service
except those specifically provided for in other sections of the Charter;
g. Persons employed to make or conduct a special inquiry,
\[
investigation, examination or installation, if the City Council or the City
\]
Mayor
Manager certifies that such employment is temporary, and that the
work should not be performed by employees in the classified service;
h. Municipal Judges;
i. City Attorneys;
j. The post-auditor appointed by the City Council;
k. Persons performing service to the City without compensation
from the City;
l. Police surgeon; and
m. Part-time employees (a part-time employee is defined as
follows: No such person shall work more than the equivalent of eight \[8\]
months in any year in such temporary, part-time, incidental or emergency
status).
(2) The classified service shall comprise all positions not specifically
included by this Section in the unclassified service and shall be subject to civil
service. Positions in the classified service shall be filled only by examination and
in accordance with procedures and provisions of this Title and the civil service
rules.
SECTION 13.
Section 10 of Chapter 5 of Title VI of the Pueblo Municipal Code is hereby
amended as follows:
Sec. 6-5-10. - Overtime work.
(a) Administration. The full-time work week as provided by the City
Council shall not apply to officers and employees in positions which are
professional, administrative, supervisory or managerial, and where such
employees are compensated according to their professional capabilities and their
assigned responsibilities irrespective of the hours required each week to fulfill such
responsibilities.
(b) Overtime Compensation. A department head may prescribe, for
employees in the department entitled to such compensation, except as provided
\[\]
Mayor
in Subparagraph (c) below, with the approval of the City Manager,
reasonable periods of overtime work to meet operational needs. Such overtime
\[\]
Mayor
shall be reported and justified as required by the City Manager.
Employees shall be compensated for authorized overtime work at the rate of time
and one-half (1½) in cash. Only such hours as are worked in excess of the
prescribed basic work week or such hours as are worked in excess of the basic
daily work shift, except as hereinafter excluded, shall be so compensated.
(c) The following officers and employees shall not be eligible for
overtime compensation:
(1) City Council members, Civil Service Commissioners and
members of all Boards and Commissions;
\[\]
Mayor, Deputy Mayor,
(2) City Manager, Assistant Managers
Assistant Deputy Mayors
, City Clerk, City Attorneys, Municipal Judges,
Post-Auditors and all Directors or heads of Bureaus or Departments;
(3) Employees in all nonbargaining unit classes in the classified
\[\]
Mayor
service except those designated by the City Manager as eligible
for overtime compensation due to the unique nature and services performed
in a professional, administrative, managerial or supervisory position.
SECTION 14.
Chapter 8 of Title IX of the Pueblo Municipal Code is hereby amended as follows:
Sec. 9-8-2. - Board of Tree Trimmer Examiners; appointment; term of office.
There is hereby established a Board of Tree Trimmer Examiners
(hereinafter in this Article referred to as the Board), consisting of three (3)
members, as follows:
(1) The Director of Parks and Recreation, who shall hold office during
the term of his or her appointment as such, and who shall also act as secretary of
the Board.
(2) The County Agricultural Agent, who shall hold office during the term
of his or her appointment as such.
(3) A competent tree trimmer resident in the City, appointed by the
Mayor, subject to confirmation by
City Council, who shall be licensed
hereunder, and who shall hold office for a term of four (4) years, unless sooner
removed for malfeasance in office, neglect of duty or incapacity, and shall serve
until his or her successor is duly appointed and qualified. There shall be no restraint
upon the number of terms any member may serve.
SECTION 15.
Section 5 of Chapter 3 of Title XI of the Pueblo Municipal Code is hereby amended
as follows:
Sec. 11-3-5. - Members.
(a) The Liquor and Beer Licensing Board shall consist of five (5)
\[\]
Mayor, subject to
members to be appointed by the Councilby resolution
Council confirmation
. Four (4) members shall be initially appointed for staggered
terms expiring on the first day of August as follows: one (1) member for a one-year
term, one (1) member for a two-year term, one (1) member for a three-year term,
and two (2) members for four-year terms, or in lieu of one (1) member for a four-
year term, a member of the City Council may be appointed for an indefinite term.
Thereafter, each member shall be appointed for a term of four (4) years. At the
Board's first regular meeting in August 1978 and in August each year thereafter,
the Board shall appoint one (1) of its members to act as Chairman of the Board.
\[\]
Mayor, subject to Council
The City Council shall make an appointment
confirmation,
for any unexpired term in the event a vacancy arises.
\[\]
the
(b) Any member of the Board may be removed by the City Council
Mayor
for nonattendance to duty or for cause. Any member who fails to attend
three (3) consecutive meetings of the Board shall be removed from the Board,
\[\]
Mayor
unless the CityCouncil excuses any such absences.
SECTION 16.
Sections 201, 202, 204 and 505 of Chapter 10 of Title XI of the Pueblo Municipal
Code are hereby amended as follows:
Sec. 11-10-201. - Licensing authority.
\[\]
The Mayor, subject to Council confirmation,
(a)City Council shall
\[\]
by resolutionappoint a Board to serve as the Medical Marijuana Licensing
Authority.
(b) As to any application for a medical marijuana license submitted
before May 1, 2012, the application shall be suspended and shall not be processed
until May 1, 2012, or thereafter, but shall not be granted or approved before July
1, 2012. An application submitted between May 1, 2012, and July 1, 2012, may be
processed, but shall not be granted or approved before July 1, 2012. Nothing
contained in this Subsection shall be construed as infringing upon any of the
constitutional rights granted under Article XVIII § Colorado Constitution.
Sec. 11-10-202. - Members of Board.
(a) The members of the Board of the Medical Marijuana Authority shall
be the members of the Board of the Retail Marijuana Authority selected pursuant
to Sec. 11-11-202 of this Title. At the Board's first regular meeting and on the
anniversary of the first meeting and each year thereafter, the Board shall appoint
\[\]
Mayor,
one (1) of its members to act as Chairman of the Board. The City Council
subject to Council confirmation,
shall make an appointment for any unexpired
term in the event a vacancy arises.
\[\]
(b) Any member of the Board may be removed by the City Council
Mayor
for nonattendance to duty or for cause. Any member who fails to attend
three (3) consecutive meetings of the Board shall be removed from the Board,
\[\]
the Mayor
unless the City Council excuses any such absences.
Sec. 11-10-204. - Quorum and majority vote.
\[\]
has been appointed
If City Council appointsa Board to act as the
Authority, a majority of the Board shall constitute a quorum for the conduct of its
business. All decisions of the Board shall be by majority vote of the entire Board.
Sec. 11-10-505. - Evidence.
(a) The Colorado Rules of Evidence and the common law rules of
evidence shall not apply. The Authority may accept into evidence any testimony or
exhibit and give such evidence the weight that the Authority believes it deserves.
(b) The Authority may accept hearsay and multiple-hearsay testimony
and may base its decision solely on such hearsay if such hearsay is reasonably
reliable and trustworthy and has probative value accepted by reasonable and
prudent persons in the conduct of their affairs. The Authority shall not be required
to make a finding that the hearsay meets this standard. If the Authority admits the
hearsay, it shall be conclusively presumed that the hearsay met this standard
unless the Authority makes findings to the contrary.
(c) The Authority shall have the authority to exclude testimony and other
evidence as irrelevant, cumulative or on the ground that the witness does not have
standing and was not called as a witness by a party who does have standing.
(d) The Authority may take administrative notice of any matter contained
in its file.
\[\]
has been appointed
(e) If City Councilhasappointeda Board to act
as the Authority, the Board may delegate to the chair or another member of the
Board the authority to make procedural and evidentiary rulings at any hearing, but
every member of the Board present shall vote on the findings and conclusions at
the close of the hearing.
SECTION 17.
Sections 201 and 202 of Chapter 11 of Title XI of the Pueblo Municipal Code are
hereby amended as follows:
Sec. 11-11-201. - Licensing authority.
\[\]\[
The Mayor, subject to Council confirmation,
City Council shall by
\]
resolutionappoint a Board to serve as the Retail Marijuana Licensing Authority.
Sec. 11-11-202. - Members of Board.
(a) The Board appointed by City Council to serve as the Authority shall
consist of five (5) members, who shall be residents of the City. Five (5) members
shall be initially appointed for staggered terms expiring on the first day of July as
follows: one (1) member for a one-year term, one (1) member for a two-year term,
one (1) member for a three-year term, and two (2) members for four-year terms.
Thereafter, each member shall be appointed for a term of four (4) years. At the
Board's first regular meeting and on the anniversary of the first meeting and each
year thereafter, the Board shall appoint one (1) of its members to act as Chair of
\[\]
Mayor, subject to Council confirmation,
the Board. The City Council shall
make an appointment for any unexpired term in the event a vacancy arises.
\[\]
Mayor
(b) Any member of the Board may be removed by the City Council for
nonattendance to duty or for cause. Any member who fails to attend three (3)
consecutive meetings of the Board shall be removed from the Board, unless the
\[\]
Mayor
City Council excuses any such absences.
SECTION 18.
Chapter 8 of Title XII of the Pueblo Municipal Code is hereby amended as follows:
Sec. 12-8-2. - Committee.
There is hereby established a Committee composed of the Director of
Public Works, a representative designated by the Company and a third person
jointly selected by the Company's representation and the Director who shall be
experienced in the electrical contracting business. If the Company fails to
designate its representative or if such representative and the Director are unable
Mayor, subject to
for any reason to jointly select such third person, the
confirmation by ,
City Council may designate the members of the Committee for
Mayor and
such terms as the City Council may determine.
SECTION 19.
The officers and staff of the City are authorized and directed to perform any and
all acts consistent with this Ordinance to implement the policies and procedures described
herein.
SECTION 20.
This Ordinance shall become effective on the date on which the Mayor takes office.
INTRODUCED: May 29, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
PASSED AND APPROVED: June 11, 2018