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HomeMy WebLinkAboutMN-CC-1996-08-14COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting7:00 P.M. August 14, 1996 PRESENT: Acting Mayor - Thorpe Alderpersons (6) - Mackesey, Gray, Efroymson, Marcham, Blumenthal, Sams EXCUSED: Alderpersons (3) - Johnson, Shenk, Hanna OTHERS PRESENT: City Clerk - Conley-Holcomb City Attorney - Geldenhuys PLEDGE OF ALLEGIANCE: Acting Mayor Thorpe led all present in the Pledge of Allegiance to the American flag. SPECIAL ORDER OF BUSINESS: Consideration of a Local Law to Require That Appointments Made by the Mayor to Selected Offices Shall be Subject to a Search Committee Procedure (item E1 of the mandatory referendum review) By Alderperson Efroymson: Seconded by Alderperson Mackesey LOCAL LAW No. ____ Of the Year 1996 A Local Law to require that appointments made by the Mayor to selected offices shall be subject to a search committee procedure. BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent. Pursuant to the findings of the mandatory referendum review, this Local Law is intended to give effect to the changes made by Local Laws 1-1985 and 2-1991, which intended to amend what was then Section 2.27 of the Ithaca City Charter but were not submitted to a referendum. Section 2. A new Section C-26 of the Ithaca City Code is hereby inserted as follows: § C-26. Appointment of officers. A. The following officers of the city shall be appointed by the Mayor subject to the search committee procedure as defined in Article VII of Chapter 90: Superintendent of Public Works, Fire Chief, Youth Bureau Director, Building Commissioner, City Controller, City Clerk, Director of Planning and Development, City Chamberlain, Personnel Administrator and Assistant City Attorney. B. Upon the request of the Mayor and with the unanimous approval of the entire Common Council, the search committee procedure provided in Article VII of Chapter 90 shall be waived; instead, the Mayor shall make the appointment directly. C. An appointment subject to this section shall be deemed made upon approval of the same by a majority vote of the Common Council. D. An appointment made as provided herein shall be for an indefinite term. E. Any appointee nominated or appointment made prior to the effective date of this section shall be subject to the terms of the prior appointment procedure. Section 3. The title of Article VII of Chapter 90 of the Ithaca City Code is hereby amended to read as follows: Recruitment and Selection Procedure for Department Heads and Managerial Personnel. Section 4. Section 90-49(A) of the Ithaca City Code is hereby amended to read as follows: A search committee for the vacant position shall be established by the Mayor according to the following: (1) The membership of the committee shall be: (a) Three (3) members of the appropriate overseeing lay board or commission, if any, to be selected by that board or commission; (b) Three (3) members of the Common Council, to be selected by the Common Council; (c) One (1) person with professional experience in the job area at issue, to be appointed by the Mayor; however, if the appointment is to the position of deputy or assistant, the Mayor shall appoint the applicable department head; (d) The Personnel Administrator, except when the appointment is to the position of Personnel Administrator, as a non-voting member; and (e) Other non-voting members as the committee deems necessary and appoints. (2) In the event of a disagreement as to which lay board or commission is to be represented, the Mayor shall designate the appropriate overseeing lay board or commission. (3) Upon the formation of the committee, the Mayor shall notify the Personnel Department of the composition of the search committee. (4) The search committee shall comply with all local, state and federal laws, rules, and regulations concerning hiring practices and procedures. Section 5. Section 90-51(A) of the Ithaca City Code is hereby amended to read as follows: Following the candidate interviews, the search committee shall discuss and evaluate the candidates. The search committee may request that the Personnel Department solicit candidate references prior to making recommendations to the Mayor. After discussion and evaluations, the committee shall choose the top three (3) qualified and eligible candidates and forward their names to the Mayor for consideration, with comments in support of each recommendation. Section 6. Section 90-52(A) of the Ithaca City Code is hereby amended to read as follows: The Mayor may conduct interviews with one (1) or more of the candidates recommended by the search committee at his/her discretion. Section 7. A new Section 90-52(B) of the Ithaca City Code is hereby inserted to read as follows (current sub-sections shall be renumbered accordingly): The Mayor shall make the appointment from the list of three (3) names with the consent of the Common Council. Section 8. This Local Law shall be submitted to a referendum at the next general election. Section 9. This Local Law shall take effect after it is approved by the electorate at the next general election and is subsequently filed in the office of the secretary of state. Carried Unanimously Consideration of a Local Law to Require That an Appointment to the Position of Police Chief Shall be Made Through the Search Committee Procedure (item E3 of the mandatory referendum review) By Alderperson Efroymson: Seconded by Alderperson Gray LOCAL LAW No. ____ Of the Year 1996 A Local Law to require that an appointment to the position of Police Chief shall be made through the search committee procedure. BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section C-26(A) of the Ithaca City Code is hereby amended as follows: The following officers of the city shall be appointed by the Mayor subject to the search committee procedure as defined in Article VII of Chapter 90: Superintendent of Public Works, Fire Chief, Police Chief, Youth Bureau Director, Building Commissioner, City Controller, City Clerk, Director of Planning and Development, City Chamberlain, Personnel Administrator and Assistant City Attorney. Section 2. Section C-5(C) of the Ithaca City Code is hereby amended as follows: The appointed officers of the city shall be: (4) Officers appointed by the Mayor pursuant to §ÊC- 26: Superintendent of Public Works, Fire Chief, Police Chief, Youth Bureau Director, Building Commissioner, City Controller, City Clerk, Director of Planning and Development, City Chamberlain, Personnel Administrator, and Assistant City Attorney. (5) Officers appointed by the Mayor with the consent of the Common Council: the Ithaca Activities and Cultural Coordinator, the Deputy City Controller, the Deputy City Clerk, and the Deputy City Chamberlain. (6) Officers appointed by the head of the Officer's Department: the Assistant Superintendent(s) of Public Works, the Deputy Building Commissioner(s), the Deputy Director of Planning and Development, the Deputy Fire Chief, the Deputy Police Chief and all other subordinate sworn members of the police force, and the Plumbing Inspector. Section 3. Section C-17(A)(1) of the Ithaca City Code is hereby amended as follows: The Mayor shall appoint all members of the Police Department. The Mayor may appoint the Chief of Police subject to the provisions of §ÊC-26. The Mayor shall also appoint a Deputy Chief of Police and shall also appoint such Captains, Lieutenants and Sergeants as such positions are authorized by the Common Council. The Chief of Police, staff officers and police officers shall receive for their services such compensation as shall be fixed by the Common Council. Section 4. This Local Law shall be submitted to a referendum at the next general election. Section 5. This Local Law shall take effect after it is approved by the electorate at the next general election and is subsequently filed in the office of the secretary of state. Discussion followed on the floor regarding the Police Chief selection process. A vote on the Local Law resulted as follows: Carried Unanimously Consideration of a Local Law to Subject the Authority of the Board of Public Works to the Direction and Review of the Common Council (item G1 of the mandatory referendum review) By Alderperson Efroymson: Seconded by Alderperson Mackesey LOCAL LAW No. ____ Of the Year 1996 A Local Law to subject the authority of the Board of Public Works to the direction and review of the Common Council. BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent. Pursuant to the findings of the mandatory referendum review, this Local Law is intended to give effect to the change made by Local Law 1-1972, which intended to amend what was then Section 123 of the Ithaca City Charter but was not submitted to a referendum. Section 2. Section C-61(A) of the Ithaca City Code is hereby amended to read as follows: The Board of Public Works shall take charge and, subject to the limitations herein contained and the direction and review of the Common Council, shall have control of the following departments of the city government, of the property belonging thereto and of the appropriations made therefor: Section 3. This Local Law shall be submitted to a referendum at the next general election. Section 4. This Local Law shall take effect after it is approved by the electorate at the next general election and is subsequently filed in the office of the secretary of state. Carried Unanimously Resolution Directing the City Clerk to Present Local Laws Subject to a Mandatory Referendum to the Mayor Within Twenty-four Hours of Passage By Alderperson Efroymson: Seconded by Alderperson Mackesey RESOLVED, That the Clerk of the City of Ithaca shall present to the Mayor for approval, within twenty-four hours of passage, all Local Laws passed by the Common Council that are subject to the mandatory referendum requirement of the Municipal Home Rule Law. Carried Unanimously Resolution Directing the City Clerk to Number the November 1996 Mandatory Referendum Propositions By Alderperson Efroymson: Seconded by Alderperson Mackesey WHEREAS, several proposed local laws, if passed and adopted on or before September 6, 1996, must be submitted to a mandatory referendum; now, therefore, be it RESOLVED, That said local laws be submitted at the general election on November 5, 1996, and be it further RESOLVED, That the mandatory referendum propositions for the following local laws, if said local laws are passed and adopted on or before September 6, 1996, shall be numbered in the following sequence: 1. A Local Law to ratify the use of five wards for the purpose of electing Alderpersons, and to ratify the boundaries of those five wards as currently [printed in Section C-3 of the Ithaca City Code. (H1) 2. A Local Law to require that any appointment made by the Mayor to the Board of Zoning Appeals must be approved by the Common Council. (A) 3. A Local Law to require that any appointment made by the Mayor to the Community Police Board must be approved by Common Council (C) 4. A Local Law to require that any appointment made by the Mayor to the Planning Board must be approved by Common Council. (B) 5. A Local Law to subject the authority of the Board of Public Works to the direction and review of Common Council. (G1) 6. A Local Law to reduce the term of Board of Public Works Commissioners from six (6) to three (3) years. (H1) 7. A Local Law to require that appointments made by the Mayor to selected offices shall be subject to a search committee procedure. (E1) 8. A Local Law to require that an appointment to the position of Police Chief shall be made through the search committee procedure. (E3) Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 7:15 p.m. Julie Conley Holcomb Rochella Thorpe City Clerk Acting Mayor