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HomeMy WebLinkAbout08192ORDINANCE NO. 8192 AN ORDINANCE AMENDING SECTION 1 -5 -2 OF CHAPTER 5, TITLE I OF THE PUEBLO MUNICIPAL CODE CONCERNING AUTHORITY OF THE CITY MANAGER TO ASSIGN DUTIES BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that (brackets indicate matter being deleted; underscoring indicates new matter being added): SFrTinN 1 Section 1 -5 -2 of Chapter 5, Title I of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 1 -5 -2. City Manager. 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: (1) Duties a. Appoint, dismiss, etc. Appoint 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. 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 serve with the same powers and functions as the department head. (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 bureau any duty imposed by ordinance on the City Manager, provided that nothing contained herein shall be construed to authorize the 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 City Manager and shall make such recommendation on matters referred to them as they shall find necessary for the best interests of the City. SECTION 2 This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: ADri126.2010 BY: Leroy Garcia COUNCILPERSON APPROVED: RESIDENT CF CITY CC) UNCIL ATTESTED BY: GIB' Y CLERK PASSED AND APPROVED: May 10, 2010 Background Paper for Proposed ORDINANCE DATE April 26, 2010 AGENDA ITEM # R -5 DEPARTMENT Law Department Thomas J. Florczak, City Attorney TITLE: AN ORDINANCE AMENDING SECTION 1 -5 -2 OF CHAPTER 5, TITLE I OF THE PUEBLO MUNICIPAL CODE CONCERNING AUTHORITY OF THE CITY MANAGER TO ASSIGN DUTIES ISSUE: Should the City Council adopt an ordinance amending Section 1 -5 -2 Pueblo Municipal Code to authorize the City Manager to assign the duties imposed by ordinance on one department to another department and to permit the City Manager to assign duties imposed by ordinance on himself to a department? RECOMMENDATION: The proposed ordinance should be approved. BACKGROUND: Pueblo city ordinances often literally impose duties directly on the City Manager which are intended to be performed by departments under the City Manager's direction. For example, Section 4 -7 -2 provides that the City Manager shall board -up the doors and windows of vacant and unsafe buildings after giving notice to the owner of the building. The proposed amendment recognizes and codifies that the City Manager has authority to assign such duties to a department, rather than performing them himself. The proposed amendment recognizes and codifies that the City Manager has authority to assign duties imposed by ordinance on one department to another department. The proposed amendment does not permit the City Manager to assign duties that are imposed by City Charter on one department to another department. FINANCIAL IMPACT: The proposed amendment is revenue and cost neutral.