HomeMy WebLinkAbout06723"As Amended"
ORDINANCE NO. 6723
AN ORDINANCE AMENDING THE CITY OF PUEBLO 2001
BUDGET BY ELIMINATING, CREATING AND
TRANSFERRING POSITIONS IN THE CLASSIFIED SERVICE
AND MAKING INTERDEPARTMENTAL TRANSFERS OF
PREVIOUSLY APPROPRIATED FUNDS RELATING THERETO
WHEREAS, the City Manager's 2001 administrative reorganization involves the creation,
elimination and transfer of various positions in the classified service; and
WHEREAS, such changes require amendment of the City of Pueblo 2001 budget;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that
Ordinance No. 6607, which created and approved the City of Pueblo 2001 budget and
appropriations therefor is hereby amended as follows:
SECTION 1
The 2001 budget for the Department of Animal Control is amended as follows:
a) The position of Director of the Department of Animal Control is hereby abolished.
b) The position of Administrative Technician in the Department of Animal Control is
hereby abolished.
c) Two (2) positions of Senior Animal Control Officer are transferred from the Department
of Animal Control to the Pueblo Police Department in the 2001 budget.
d) Five (5) positions of Animal Control Officer are transferred from the Department of
Animal Control to the Pueblo Police Department in the 2001 budget.
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SECTION 2.
The 2001 budget for the Department of Zoning is hereby amended as follows:
a) Two (2) positions of Zoning Investigator are renamed Code Enforcement Officer and are
transferred to the Pueblo Police Department in the 2001 budget.
b) Three (3) positions for temporary employees performing code enforcement functions are
transferred to the Pueblo Police Department in the 2001 budget.
SECTION 3.
The 2001 budget for the Pueblo Police Department is hereby amended as follows:
a) One (1) position in the civil service class of Animal Control Supervisor is hereby created.
b) Two (2) positions in the civil service class of Emergency Services Dispatcher are hereby
created.
c) Two (2) positions of Senior Animal Control Officer are hereby added to the Pueblo
Police Department as transfers from the Department of Animal Control in the 2001
budget.
d) Five (5) positions of Animal Control Officer are hereby added to the Pueblo Police
Department as transfers from the Department of Animal Control in the 2001 budget.
e) Two (2) positions of Code Enforcement Officer are hereby added to the Pueblo Police
Department as transfers from the Department of Zoning in the 2001 budget.
0 Three (3) positions for temporary employees performing code enforcement functions are
hereby added to the Pueblo Police Department as transfers from the Department of
Zoning in the 2001 budget.
SECTION 4.
All monies remaining in the 2001 budget for the Department of Animal Control which are
related to the positions abolished or transferred to the Pueblo Police Department are hereby
transferred to the 2001 budget for the Pueblo Police Department.
SECTION 5.
All other monies remaining in the 2001 budget for the Department of Animal Control are
hereby transferred to the 2001 budget for the Pueblo Police Department.
SECTION 6.
All monies remaining in the 2001 budget for the Department of Zoning which are related to
the positions transferred to the Pueblo Police Department are hereby transferred to the 2001
budget for the Pueblo Police Department.
SECTION 7.
This ordinance shall become effective October 1, 2001.
INTRODUCED: July 23, 2001
ATTESTED B
PASSED AND APPROVED: August 27, 2001
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Lee R. Evett p ED
City Manager
avid J. Galli
Assistant City Manager
MEMORANDUM
TO: President & Members of City Council
FROM: Lee R. Evett, City Manager
DATE: July 16, 2001
SUBJECT: Agenda Item —Staff Reorganization
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One City Hall Place
Pueblo, Colorado 81003
Phone (719) 584 -0800
Fax (719) 584 -0850
Attached hereto is an ordinance accomplishing much of the reorganizational changes we have
discussed over the last several months. I have also attached for your information organizational
charts which will highlight those changes which are either incorporated in the ordinance or will
take place administratively.
For your information, I present the following background and/or action and recommendations as
follows:
REORGANIZATION
➢ As of January 1, 2001, there were 17 department directors, a general manager of the
Pueblo Transit Company, and five assistant city managers (not including Dave Galli)
reporting to the City Manager. After carefully reviewing the functions of these
departments and the positions involved, the following changes are recommended to
Council. Some, such as the change in Fiscal Operations, have already occurred. The
recommended ordinance accomplishes these changes. In addition, this background paper
will provide Council with a full overview of the new organization. The new
organization -wide structure is provided as an attachment along with separate diagrams of
individual department changes.
The new organizational structure reduces the number of individuals reporting directly to
the City Manager from 23 to 15.
After the Animal Shelter was privatized, the only remaining City personnel were the
Director, Administrative Technician, and Animal Control Officers with enforcement
President & Members of City Council
July 16, 2001
Page 2
responsibilities. This unit is being placed in the Police Department. The Department is
being abolished along with the Director position. A new position of Animal Control
Supervisor is being placed in the budget with the same salary as that of the
Communications Supervisor. This action significantly reduces the salary ($200 per
month) for this position. As these positions are being placed in the Police Department,
there is no need for the Administrative Technician position. Instead, Police Dispatch will
assume many of these duties. To alleviate the current critical shortage of Emergency
Service Dispatchers, two additional positions are being placed in the Police Department
budget in lieu of the Administrative Technician position.
➢ A new position of Assistant City Manager for Community Development is being created.
This individual (Jim Munch) will assume the responsibility for both the Planning and
Zoning functions. This will provide for increased coordination and eliminate confusion.
Cathy Green, currently Assistant City Manager for Planning will assume the duties of
Director of Planning, and a new Zoning Director with a strong background in planning
and land use will be hired. Both will report to the Assistant City Manager for
Community Development. The title of Assistant City Manager for Planning will be
eliminated.
➢ The Director of Zoning was expected to perform both the planning functions of the
Zoning Department and routine code enforcement duties including the supervision of two
full -time and three part-time code enforcers (Zoning Investigators). These Zoning
Investigators are being transferred to the Police Department. The new Zoning Director
will be able to fully concentrate on planning -type responsibilities.
➢ The current Director of Zoning will be transferred to the newly created position of
Assistant City Manager for Contract Services. The City currently lacks a centralized
contract review and administration function.
➢ The current duties of the Director of Transportation will be performed by an Assistant
City Manager for Transportation (title change only). Both the Director of Aviation and
the Manager of the Pueblo Transit Company will now report to this position. The Transit
Manager will report through this position to the Board of Directors of the Transit
Company.
➢ The Assistant City Manager /Ice Arena position will become the Ice Arena Supervisor
position in Civil Service. The salary will remain the same.
➢ The Civil Service Administrator (Steve Bolton) will become the Deputy Director of
Human Resources for Civil Service Operations. Beth Vega will continue to be the
Director of Human Resources.
President & Members of City Council
July 16, 2001
Page 3
➢ The Fiscal Operations reorganization has structurally been accomplished. Purchasing
will remain a separate department (by Charter); however, it will report to the Assistant
City Manager for Fiscal Operations.
This will complete the major portion of the reorganization. It is anticipated that final phases of
the reorganization will be accomplished in the 2002 budget.
CITY OF PUEBLO OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: City Council members
FROM: john Scorgie
Ass't City Attorney
DATE: August 16, 2001
RE: Letter addressed to Councilman Gurule from PAGE attorney
This memorandum is written in reply to the letter dated August 7, 2001
addressed to Councilman Gurule from Atty. Nicholas Gradisar on behalf of the
Pueblo Association of Government Employees which objects to implementation of
the City Manager's Reorganization Plan on the grounds that it abolishes the
Department of Personnel, creates a Department of Human Resources, and places the
Deputy Director of Human Resources / Civil Service Operations under the
supervision of the Director of Human Resources.
The letter specifically states that "The Pueblo Association of Government
Employees believes that this Reorganizational (sic) Plan is fundamentally flawed."
The letter then goes on to characterize the flaws in the plan as follows:
"it appears to abolish the Department of Personnel, in violation of Article 3,
Section 12, of the Charter of the City of Pueblo, which provides that the City
Council may not discontinue any Department established by the Charter.... "
The Department which is abolished by the Reorganization Plan is the Department
of Animal Control, not the Department of Personnel. The Department of Personnel
continues to exist as created by the City Charter, but has been renamed the
Department of Human Resources by Ordinance passed by the City Council some
time ago.
The next asserted flaw in the Plan is that placing those classified service
employees presently assigned as staff to the Civil Service Commission under
supervision of the Director of Human Resources creates a conflict because
"The Civil Service Commission also hears appeals from classification,
reclassocation, and allocation of positions. The Director of Personnel is the one
who classifies, reclassifies, and allocates positions and the Civil Service
Commission and, arguably, its employees, are charged with reviewing those
decisions. "
Various sections of Title VI of the Code of Ordinances provide that classification,
reclassification and allocation of positions can be done only with approval of the City
Manager. The Director of Personnel does not have independent authority to take any
of these actions.
The statement that employees assigned as staff to the Civil Service Commission
are charged with reviewing decisions of the Director of Personnel is clearly erroneous.
Neither the City Charter nor the Code of Ordinances give any authority to the
classified service employees assigned as staff to the Civil Service Commission to
review any decisions made by the Director of Personnel or any other City
Department Director. Under the City Charter and Code of Ordinances, all
Department Directors are answerable to the City Manager, and not to the classified
service employees assigned as staff to the Civil Service Commission.
Section 4 -5 f. of the Charter of the City of Pueblo provides that the City Manager
shall exercise supervision and control over all executive and administrative
departments and agencies created herein or that may be hereafter created by the
Council. The PAGE union apparently believes that the classified employees assigned
as staff to the Civil Service Commission are exempt from supervision by the City
Manager.
The letter goes on to allege that confidential employment records maintained by
the Commission will be combined with confidential Personnel records and that
"Combining these records and allowing employees to have access to each other's
records would greatly impair the independence of the Civil Service Commission ".
This allegation by the PAGE union is groundless, since nothing in the
Reorganization Plan changes any of the established procedures relating to
confidential employment records.
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Civil Service Rule 5 makes a clear distinction between those records which are
maintained by the Civil Service Commission and all other City employee personnel
records, which are maintained by the Director of Personnel (now Human Resources).
Insofar as confidential Commission records are involved, Civil Service Rule 5
provides that no such records shall be removed from the office or otherwise accessed
except by express permission of the Commission.
Insofar as other confidential City employee personnel records are involved, Civil
Service Rule 5 provides that no such records shall be removed from the office or
otherwise accessed except by express permission of the Director of Personnel (now
Human Resources).
Because many employment records, whether kept by the Civil Service
Commission or by the Director of Personnel, are "public records" under provisions of
Colorado state law, Civil Service Rule 5 also provides that "Inspection of such records
shall be regulated as otherwise provided by law ". This provision is in recognition that
most of the law concerning access to public records is found in Title 24 of the
Colorado Revised Statutes.
The above procedures under Civil Service Rule 5 have been in place since 1986
without significant problems. In any event, these procedures are not changed by the
Reorganization Plan.
The PAGE union goes on to allege that the "the employees in the Civil Service
Office would be placed in a position of being supervised by the individual they have
the duty to investigate."
Under Section 8 -4 of the City Charter, it is the duty of the Civil Service
Commission to investigate any or all matters relating to conditions of employment in
the City and to make at least annually a report of its findings to the Council.
Nowhere in the City Charter or the Code of Ordinances is there any indication that
classified service employees assigned as staff of the Civil Service Commission have
any "duty to investigate" either the Director of Personnel or the Director of any other
City Department.
In this allegation, the PAGE union confuses the duties of the Civil Service
Commission set out by City Charter with the duties of the classified employees who
are assigned to the Commission.
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The PAGE union letter concludes
"It appears to be the clear intent of the citizens of Pueblo that the Civil Service
Commission, which is elected directly by them, should be independent of the City,
which independence is seriously compromised if its employees are supervised by the
Director of Personnel. "
This statement evidences a basic misunderstanding of the City Charter and the
place of the Civil Service Commission in the structure of City government. An
unbiased and careful reading of the Charter clearly establishes that the Civil Service
Commission is not an autonomous body independent of the City Council or
administration.
The City of Pueblo Civil Service Commission was created, and its duties are set
out and limited, in City Charter Article 8 Personnel Administration.
Article 8 begins in Section 8 -1 by creating the Department of Personnel and
providing for a Director to be appointed on the basis of background in personnel
administration.
Section 8 -2 provides that the Director of Personnel and the Civil Service
Commission shall have authority and be required to prepare and recommend to the
City Council, through the City Manager, such rules as may be considered necessary,
appropriate, or desirable to carry out the provision of this Article and perform such
other duties as may be required by this Charter, by ordinance, or by the City
Manager.
Section 8 -3 creates a Civil Service Commission of three members to be elected for
six year terms, who shall operate under such rules of procedure as established by the
City Council.
Section 8 -4 sets out the duties and powers of the Civil Service Commission, but
provides that the exercise of such duties shall be in compliance with rules established
by the Council.
It is noteworthy that the City Charter specifically states that the duties of the
Civil Service Commission are to be performed in compliance with rules established by
the City Council.
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In addition, Section 8 -2 provides that both the Director of Personnel and the
Civil Service Commission shall perform such other duties as may be required by this
Charter, by ordinance, or by the City Manager.
The clear intent of the provisions of Article 8 of the City Charter was that the
Civil Service Commission and the Director of Personnel would work together to carry
out the provisions of that Article.
The status of the classified employees assigned as staff to the Civil Service
Commission is an anomaly since they are not under the supervision of any
department head. The Civil Service Commission is not authorized to supervise any
City employee and it would be inconsistent with the purpose and intent of the
Charter for the Civil Service Commission to take any direct action adversely affecting
such employees which may be subject to appeal and hearing before the Civil Service
Commission. Arguably, they are under the direct supervision of the City Manager
which is also inconsistent with the concept embodied in the Charter that all classified
employees be assigned to a department under the supervision of a department head,
or in some instances under the supervision of an Assistant City Manager. The
Reorganization Plan simply clarifies the status of classified employees assigned as
staff to the Civil Service Commission and places them in the Department of Human
Resources under the supervision of the Director of Human Resources.
Placing these employees in the Department of Human Resources does not modify
their employment duties or function and does not conflict with the Charter or the
language or import of Civil Service Rule 4.
Rule 4. Commission staff, duties.
(a) The Commission staff shall consist of such full -time positions in such
classes, and such unclassified appointments as may be recommended by the
Commission and approved by the City Manager and City Council. All
permanent Commission staff shall be members of the classified service.
(b) A staff member or members shall be designated by the Commission to
compile and maintain all Commission records, serve as secretary and clerk to the
Commission, process applications, develop, conduct and score examinations,
maintain eligible lists and perform all other lawful duties assigned by the
Commission. (Ord. No. 3781, I1- 26 -73; Ord. No. 5350,10-14-86)
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The City Manager has indicated on several occasions that he is well aware of the
unique function of the Civil Service Commission in the administration of the City of
Pueblo, and that his Reorganization Plan is not intended to change that function.
In summary, the PAGE union letter does not state any grounds on which the City
Manager's Reorganization Plan should be rejected either on a legal or pragmatic
basis.