HomeMy WebLinkAbout05-25-11 City Administration Committee Meeting AgendaCITY ADMINISTRATION COMMITTEE
Wednesday, May 25, 2011
7:00 PM
COMMON COUNCIL CHAMBERS
AGENDA
1. Chairperson Greeting & Opening Statement
2. Announcements
3. Agenda Review and Amendments
4. Approval of Minutes
5. Statements from the Public
6. Employee Comments
7. Common Council Response
8. Workforce Diversity Committee
9. Safety Committee
10. Diversity Actions Report – Attorney’s Office
Information Technology - June
Clerk’s Office - July
Police Department - August
11. Youth Bureau
11.1 Amendment to Department Budget – Resolution
12. Chamberlain’s Office
12.1 Correction to Tax Roll - Resolution
13. Attorney’s Office
13.1 Requests for Allocation of Additional Monies for Contractual Expenses – Resolution
13.2 Request for Allocation of Additional Monies for Fair Market Rental Value Report –
Resolution
13.3 Authorization of City "Quit Claim" to Any Rights in Valentine Place Extension and
Woodcock Street – Resolution to be distributed at meeting
13.4 Draft Policy on Apparel Procurement (re: "Sweat-Free" Standards) – Discussion
13.5 Executive Unit Step 2 Grievance Hearing – Executive Session
14. Human Resources
14.1 A Local Law to Amend Sections of the Charter – Regarding Appointment of City
Officers - Resolution
14.2 A Local Law to Amend Section C-19 Financial Officers
14.3 A Local Law to Amend Section C-22 Authorities of Department Heads
14.4 Director’s Report
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CITY ADMINISTRATION COMMITTEE
Wednesday, May 25, 2011
AGENDA CONTINUED
15. Finance/Controller’s Office
15.1 Approval of 2009 Single Audit Report – Resolution
15.2 Request to Amend 2011 Budget for Various Reimbursements - Resolution
15.3 Controller’s Report
16. Reports
16.1 Mayor’s Report
16.2 Sub-Committee Updates
16.3 Council Members’ Announcements
16.4 Next Month’s Meeting: June 29, 2011
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-6590
OFFICE OF THE CITY ATTORNEY
Daniel L. Hoffman, City Attorney Telephone: 607/274-6504
Khandikile M. Sokoni, Assistant City Attorney Fax: 607/274-6507
Robert A. Sarachan, Assistant City Attorney
Patricia M. O’Rourke, Assistant City Attorney
Krin Flaherty, Associate Attorney
Jody Andrew, Executive Assistant
Memorandum
To: City Administration Committee
Mayor Carolyn K. Peterson
Schelley Michell-Nunn, Director of Human Resources
Senior Staff
From: Daniel L. Hoffman, City Attorney
Patricia O’Rourke, Assistant City Attorney
Date: May 20, 2011
Subject: 2011 Diversity Report – City Attorney’s Office
Mission of the City Attorney’s Office
To serve as the official legal advisor to the Mayor, Common Council, City boards and
committees, and the various City departments. To serve these parties in a professional manner
to ensure that all legal matters involving the City are dealt with efficiently and effectively.
Department Demographics
The City Attorney’s Office currently has six employees: five attorneys and a legal
assistant. Two of the employees are men and four (including three attorneys) are women; one
(attorney) is a person of color; one employee has a slight disability.
Female…………….4 (66.7%)
Persons of Color…..1 (20%)
It should also be noted that there is a broad range of ages reflected in our legal staff,
which of course brings different generational perspectives and approaches, and could ensure
more continuity than in an office/department where a large percentage of the workforce is in a
bracket approaching retirement age.
"An Equal Opportunity Employer with a commitment to workforce diversification."
Additionally, the City Attorney’s Office has two, and sometimes three, legal interns
during the academic year and summer. Our office has made a conscientious effort to find ways
of increasing diversity given our small size and relatively low turn-over rate. As more fully set
forth below, in furtherance of our selected attribute “Demonstrated Commitment to Diversity and
Inclusiveness,” we have made a concerted effort to increase the diversity in our office mainly
through the hiring of interns.
Low Attrition Rate
Over the next year, there could be a change in the position of City Attorney (a position
filled by the Mayor) due to the upcoming election. Since the last report, a new Assistant City
Attorney was hired in August to replace Donna Este-Green. Also, after Assistant City Attorney
Khandikile Sokoni reduced her hours to half-time, as of January, a temporary Associate
Attorney, Krin Flaherty, was hired to fill the part-time vacancy. We do not anticipate any
retirements in the near future, as no one has indicated that she or he plans to retire. Due to the
small size of our office, and the ages of most employees, the opportunities for new hires through
attrition are probably limited.
Attribute #2: Demonstrated Commitment to Diversity and Inclusiveness
This is the attribute our office has chosen to highlight. As stated in the explanation of
this attribute:
[t]he goal is for the City of Ithaca employees and volunteers to value
different personal characteristics such as race, sex, national origin,
religion, sexual orientation, and disability status across all formal and
informal organizations, to recognize and respond effectively to
differences, and to identify and remove systemic and historical barriers to
the goal of diversity.
Plan: The City of Ithaca’s Mayor, Common Council, its officers and
department heads shall act affirmatively with regard to recruitment
and retention of employees and volunteers from diverse
backgrounds (including encouraging diversity in the recruitment,
interview and selection process).
Given our small size and limited permanent positions, our office selected this attribute
and to focus on increasing diversity through the hiring of interns. The presence of Cornell Law
School in Ithaca has afforded us the opportunity to hire top-tier law students from a diverse
applicant pool. (We also recruit law interns from Syracuse Law School, and paralegal interns
from Tompkins Cortland Community School.) Also, the strong involvement of Khandikile
Sokoni in heading up our recruitment and being the initial “face” with whom prospective interns
come in contact has undoubtedly helped to underscore our interest in diversity. We have found
that a number of our intern candidates (including many recent minority candidates) have been
encouraged to apply by fellow law students who were former interns at our office, and who
enjoyed the experience. We believe this unsolicited, word-of-mouth enhancement of our
recruitment efforts has had a “snowball” effect on our effort to attract more minority candidates.
City Attorney’s Interns – 2006 to Present
The City Attorney’s Office has had a total of 32 law student and paralegal interns from
2006 to the present. Out of this total number:
Female…………………..14 (or 44.8%)
Persons of Color………...10 (or 31.3%)
In addition to gender and race (African, Latino, Indian and Asian-American), we have
also had several interns who sought legal employment as a second career and were thus older
(as well as some with families). Several interns were from other countries. Overall, the
proportion of female and minority interns – just under 1/2 female and 1/3 persons of color - put
the City Attorney’s Office well above the City’s overall average (28% women and 16% minority,
as based on 2010 data).
These percentages show progress in the overall diversification of our office. Building on
this success, our department will continue to seek out, interview and support and encourage
applications from students of diverse backgrounds.
Diversity Concerns in Hiring Decisions
In addition to hiring interns, turn-over in the Assistant City Attorney position over the last
few years necessitated new hiring decisions. An African-American attorney, Donna Este-Green,
was hired in August 2008; she resigned to be closer to her family in January 2010. Patricia
O’Rourke was hired in August 2010 following an interview process that included members of the
Workforce Diversity Committee. Likewise, when Assistant City Attorney, Khandikile Sokoni,
reduced her hours to part-time earlier this year, an interview process that included a member
from the Workforce Diversity Committee resulted in the hiring of a temporary, part-time
Associate Attorney, Krin Flaherty. During the interview process itself, candidates were asked to
discuss their experiences with diversity in the work environment.
Trainings; Accommodation
Overall, in addition to hiring decisions, members of the City Attorney’s office have been
active in attending educational trainings and workshops, including Talking Circles and Undoing
Racism. The office also maintains an inclusive and supportive environment with regard to work
schedules, including: flexibility in scheduling, ability to work from home, and ability to change
schedule to accommodate family issues and/or other professional opportunities (such as a half-
time position in another office).
Conclusion
Despite certain barriers (limited space and positions, specialized education for hiring/no
entry level positions, and low turn-over rate), the City Attorney’s Office has made inroads in
increasing its diversity, especially through the hiring of interns. Our overall percentage of
women and persons of color is well above the City-wide average.
We will continue to focus on reflecting and respecting diversity through careful hiring,
and we will continue to avail ourselves of the training and educational opportunities available to
us in this field. It is our hope that we will be able to maintain or increase the diversity in our
office, the better to accomplish our mission to serve the various departments of the City, the
Mayor and Common Council.
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11. Youth Bureau
.1 Amendment to Department Budget
WHEREAS, the Ithaca Youth Bureau has applied for funding through the Tompkins County
Workforce Investment Board and they are estimating they may be receiving $76,425.50 in new
funding to develop a Tompkins Summer Youth Employment Program, and
WHEREAS, the goal of this program is to provide short-term subsidized internships for 55 low-
income eligible teens needing assistance in securing employment; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2011 Youth Bureau budget contingent
upon confirmation of funding as follows:
Increase Revenue Account:
A7310-4820-1202 Youth Employment Service $69,920.50
A7310-4820-1400 Administration $6,505.00
Total $76,425.50
Increase expenses:
A 7310-5120-1202 Part time/Seasonal $57,366.70
A 7310-5125-1202 Overtime $750.00
A 7310-5425-1202 Office Supplies $868.10
A 7310-5440-1202 Staff Development $250.00
A 7310-5445-1202 Travel & Mileage $500.00
A 7310-5460-1202 Program Supplies $2,500.00
A 7310-5120-1400 Part time/Seasonal $1,500.00
A 7310-5437-1400 Credit Card Fees $1,000.00
A 7310-5420-1400 Gas & Oil $1,000.00
A 7310-5415-1401 Clothing $112.50
A 7310-5475-1401 Property Maintenance $1,337.50
A 7310-5480-1401 Building Maintenance $1,300.00
A 7310-9030 FICA/Medicare $4,445.95
A 7310-9040 Workers’ Comp. $3,494.75
Total $76,425.50
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To: City Administration Committee
From: Karen Friedeborn, Youth Program Administrator
Allen Green, Director
Re: Youth Bureau Budget Amendment
Date: May 20, 2011
We have been advised, by the Tompkins County Workforce Investment Board that we may receive $76,425.50 in
funding for Tompkins Summer Youth Employment Program. Although we are waiting for final confirmation, are
pleased that we may be able to offer summer employment to additional teens this summer.
We would like to amend the 2011 Youth Bureau budget, contingent upon confirmation of funding, as follows:
Increase anticipated revenue from Tompkins County Workforce Investment Board
Account # A7310-4820-1202 Youth Employment Service $69,920.50
Account # A7310-4820-1400 Administration $6,505.00
Increase expenses:
Account # A 7310-5120-1202 Part time/Seasonal $57,366.70
Account # A 7310-5125-1202 Overtime $750.00
Account # A 7310-5425-1202 Office Supplies $868.10
Account # A 7310-5440-1202 Staff Development $250.00
Account # A 7310-5445-1202 Travel & Mileage $500.00
Account # A 7310-5460-1202 Program Supplies $2,500.00
Account # A 7310-5120-1400 Part time/Seasonal $1,500.00
Account # A 7310-5437-1400 Credit Card Fees $1,000.00
Account # A 7310-5420-1400 Gas & Oil $1,000.00
Account # A 7310-5415-1401 Clothing $112.50
Account # A 7310-5475-1401 Property Maintenance $1,337.50
Account # A 7310-5480-1401 Building Maintenance $1,300.00
Fringe Benefits $7,940.70
Thank you.
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12. Chamberlain’s Office
.1 Correction to Tax Roll
WHEREAS, the 2011 City Tax Roll included a BID assessment in the amount of $17,682.00 on
tax map number 70.-4-5.2, 120 East Green Street, and
WHEREAS, 120 East Green Street is a wholly exempt property owned by the City of Ithaca, and
WHEREAS, Tompkins County Assessment has determined that the BID assessment was levied
against the property in error; now therefore, be it
RESOLVED, That the Common Council accepts and approves the recommendation Tompkins
County Assessment to expunge the BID assessment, and be it further
RESOLVED, That the City Chamberlain is authorized to correct the 2011 City Tax Roll in
accordance with the recommendation.
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To: City Administration Committee
From: Debra Parsons, City Chamberlain
Re: Correction to 2011 Tax Roll
Date: May 19, 2011
The 2011 City Tax Roll included a Business Improvement District assessment for the Green
Street Parking Garage in error. The City as a tax-exempt entity does not pay BID assessments.
WHEREAS, the 2011 City Tax Roll included a BID assessment in the amount of
$17,682.00 on tax map number 70.-4-5.2, 120 E. Green Street, and
WHEREAS, 120 E. Green Street is a wholly exempt property owned by the City of
Ithaca, and
WHEREAS, Tompkins County Assessment has determined that the BID assessment was
levied against the property in error, now therefore, be it
RESOLVED, that the Common Council accepts and approves the recommendation
Tompkins County Assessment to expunge the BID assessment, and be it further
RESOLVED, that the City Chamberlain is authorized to correct the 2011 City Tax Roll
in accordance with the recommendation.
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13. Attorney’s Office
.1 Allocation of Additional Monies for Special Counsel (re: Christopher Miller)
WHEREAS, in 2010, a lawsuit seeking damages was commenced in federal court against the
City of Ithaca and several City employees (and others), by Christopher Miller (an employee of
the Ithaca Police Department); and
WHEREAS, the City’s insurance carrier subsequently declined to provide a defense to the City,
or coverage of any award, on the grounds that the City had not provided notice of earlier,
administrative complaints by Mr. Miller (all of which were defended by City staff, and
ultimately dismissed on the merits or at the request of Mr. Miller); and
WHEREAS, as a result of its insurance carrier’s action, the City retained special counsel (Shea,
Stokes, Roberts & Wagner) to defend the City and its employees, in that litigation; and
WHEREAS, said special counsel has also represented the City in a subsequent, related
employment arbitration case initiated against the City by Mr. Miller; and
WHEREAS, the cost of such defense, and representation in the arbitration matter (both of which
are ongoing), through March 31, 2011, is approximately $242,200; and
WHEREAS, previous allocations by the Common Council, for these matters, are insufficient to
cover current charges (beyond February 2011); now therefore be it
RESOLVED, That an amount not to exceed $46,500 be and hereby is allocated, from Account
1990 (Unrestricted Contingency), with transfer to account A1420-5435 Attorney’s Office
Contracts for payment of the fees of special counsel retained to defend the City in the afore-
mentioned actions brought by Christopher Miller.
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13. Attorney’s Office
.2 Allocation of Additional Monies for 2011 Fair Market Rental Value Report
WHEREAS, in May 2009, Common Council amended Chapter 170 of the City Code (now “Use
of City Real Property”), so as to require that, commencing in 2010, City-owned real property
licensed for use by others should be offered at not less than fair marker rental value, which value
is to be determined (and periodically updated) through a professional appraisal process; and
WHEREAS, the City solicited proposals for performing this professional service, and selected
Pomeroy Appraisal Associates (“Pomeroy”); and
WHEREAS, Pomeroy had submitted a proposal with a base fee of $21,500, for establishing fair
market rental values for certain categories of City-owned properties, as described by the City,
with additional appraisals of “unique” properties (not in an established category) to cost between
$500 and $1,500 apiece, and with an additional cost of $90 to $175 per hour for a Pomeroy
representative to meet with City representatives in Ithaca; and
WHEREAS, on November 4, 2009, Common Council allocated $25,000 from Unrestricted
Contingency (Account A1990) for the purpose of paying for the estimated total cost of “the
initial round of appraisals” to be performed by Pomeroy; and
WHEREAS, the work of completing this appraisal process required more time than had been
anticipated (by the City or Pomeroy), involved a number of changes in the categorization of
properties and the appraisal of at least one unique property, and required several visits to Ithaca
by Pomeroy staff; and
WHEREAS, as a result of these changes and additional assignments, the total billing by Pomeroy
for its work is $33,000, representing $8,000 more than what the Council has allocated; and
WHEREAS, a description and explanation of the additional work performed by Pomeroy is
included in a letter from the company to the City Attorney, dated May 9, 2011, and is mentioned
in the Fair Market Rental Value report provided by Pomeroy in January 2011; now therefore be
it
RESOLVED, That the Common Council authorize and direct the allocation of an additional
amount, not to exceed $8,000, from Account A1990 (Unrestricted Contingency), with transfer to
account A1420-5430 Attorney’s Office Fees for the payment of the balance of monies owed to
Pomeroy Appraisal Associates.
EMAIL: dhoffman@cityofithaca.org
May 9, 2011
Mr. Daniel L. Hoffman, Esq.
City Attorney – City of Ithaca
108 East Green Street
Ithaca, New York 14850
Re: Outstanding Invoice for:
Market Rent Study (a/k/a Fair Market Rent)
Variety of property types owned by and located throughout City of Ithaca
Tompkins County, New York
Dear Mr. Hoffman:
As discussed with Richard Coughlin of this office last week we are still awaiting payment of the
final invoice for the referenced assignment after having invoiced the City for same, on February
25, 2011. The reason for the delay, as described to him is because the total fee amount exceeded
the initial budgeted amount for this assignment. However, the assignment went well beyond the
agreed upon scope of work per our original engagement letter with the City (dated September 29,
2009).
The initial fee proposal ($21,500) was based on a scope of work that included cost to establish
fair market rental values for categories 1-15 enumerated on Page 2 of initial engagement letter
with the provision that “specific additions to #14 and #15 that require additional research and
analysis may require an adjustment to this fee.” Example: We were asked to determine
appropriate rent return for use of City-owned land underlying a driveway to serve a new
(proposed) apartment development (Iacovelli).
The report was significantly modified on three occasions subsequent to initial presentation, back
in January 2010, in most cases because of additional requests for research. Chronology of this
assignment and work activities were tracked and documented on pages of 6-9 of the final hard
copy version of the report.
The report was returned with repeated requests for clarification, modification and/or enlargement
of the scope to include return rates for site related land improvements underlying mobile food
court vendors, further cost analysis and determination of Parkland rents at request of BPW
members.
The chronology shows the report and excel grids were formally modified on three occasions
subsequent to presentation of the initial draft (January 2010). Report format, excel tables and
conclusions were informally modified many times also – all being done in an attempt to make
this report as “user-friendly” as possible, including providing ranges of rates of return to give the
City room to negotiate. The time required to complete the assignment to satisfaction of BPW
members is therefore protracted beyond normal expectations i.e. 1.27 years (November 2009-
January 2011).
Mr. Daniel L. Hoffman, Esq.
Page two
May 9, 2011
While we are pleased to assist the City in any way possible, the aggregation of hours caused by
repeated additional requests to expand the scope including multiple revisions and format changes,
reordering of respective land use classifications, inclusion of new categories, new cost research, etc.
– all at the behest of BPW members that required many additional hours of appraisal work.
Additional time required to produce the report to satisfaction of BPW members greatly exceeded
the initial expectation for this assignment.
Should further explanation be required please do not hesitate to call. We made significant efforts to
comply and respond to all BPW requests in a timely and professional manner. The City’s
immediate remittance of the outstanding invoice is therefore greatly appreciated.
Very truly yours,
POMEROY APPRAISAL ASSOCIATES, INC.
Donald A. Fisher, MAI, ARA
President
DAF/bh
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-6590
OFFICE OF THE CITY ATTORNEY
Daniel L. Hoffman, City Attorney Telephone: 607/274-6504
Khandikile M. Sokoni, Assistant City Attorney Fax: 607/274-6507
Robert A. Sarachan, Assistant City Attorney
Patricia M. O’Rourke, Assistant City Attorney
Krin Flaherty, Associate Attorney
Jody Andrew, Executive Assistant
Memo To: City Administration Committee
CC: Mayor Carolyn K. Peterson
Steven Thayer, City Controller
From: Krin Flaherty, Associate Attorney
Date: May 20, 2011
Subject: Sweatshop Free Purchasing Policy for Apparel and Textiles
At this Committee’s request, the City Attorney’s office has been researching the
legal feasibility of the City’s adoption of a “sweatshop-free” purchasing policy, with regard
to apparel and textile (e.g., uniform) purchases. Based on examples of such policies in
other New York municipalities (we are aware of only a few), the elements of such a policy
for the City of Ithaca are suggested below. Also included are some “discussion topics” we
are suggesting for the Committee, prompted by questions or concerns our office has
regarding such a policy. This discussion will assist our office in finalizing a proposed
policy, possibly for action by the Committee at its June meeting.
Background
In a memo dated March 21, 2011, our office provided to the Committee some
research that included a recent, informal opinion from a State agency, indicating that the
City could evaluate vendors’ sweatshop-free labor practices and consider that as one of
the elements in determining the lowest responsible bidder. We explained that the
legislation could be largely symbolic in practice, as many City employees, per collective
bargaining agreements, are currently provided a clothing allowance, which allows them to
make individual purchases. We also advised that the policy should include a preclusion
clause that makes its provisions subject to state and federal law.
"An Equal Opportunity Employer with a commitment to workforce diversification."
2
Possible elements of a City of Ithaca Policy:
● If approved by Common Council, the City’s policy on sweatshop-free purchasing should
be incorporated into the City’s existing Purchasing Policy (which was last updated in 1998,
and which could benefit from a comprehensive rewriting, when time allows).
● The cornerstone of the policy would be a clear definition of “responsible bidder” (as
applied to suppliers and producers of apparel and textiles), so as to include demonstrated
adherence to fair, humane and legally-compliant treatment of employees.
● To measure such adherence/compliance, other municipalities with such policies have
relied upon judgments made by the Sweat-free Purchasing (a non-governmental, non-
profit membership organization that appears to be in the process of establishing its
services). At this point, the mechanism proposed by the Consortium is its creation and
maintenance of an international database of pre-screened apparel suppliers (based on
independent monitoring). Members of the Consortium will have access to this database
to help them determine whether or not a prospective supplier has been deemed (by the
Consortium) to be “sweat-free.” The City may request the Consortium to perform a
“preliminary verification” of suppliers that a bidder is considering.
The policy could suggest or require that bidders use a “sweat-free” supplier from the
Consortium’s database. (If this is only a suggestion, it may not be legally possible to
reject a low bidder who has not followed the suggestion.)
The policy would require the successful bidder to provide written documentation (1) that
all apparel or textiles to be sold to the City are manufactured in accordance with
requirements of the policy; (2) of names and addresses of each subcontractor used in
fulfillment of the contract; (3) of names, locations, addresses, and telephone numbers
of each manufacturing operation of the contractor and subcontractors.
The successful bidder must agree to permit independent monitoring of the contractor’s
and any subcontractor’s facilities to verify compliance.
Information provided by the successful bidder would be available for public inspection.
The policy could include a provision whereby interested third parties could supplement
this information, for bidder or contract review.
The City Attorney’s office (?) would be responsible for investigating and acting on any
credible allegation that an approved bidder is violating the “sweat-free” terms of its
contract. If confirmed by a court or arbitrator, such a violation could include a civil
penalty of not less than $________.
3
The policy would not apply to apparel/uniform purchases made by individual City
employees (e.g., by way of an “allowance” provided to them by the City, per the terms
of a collective bargaining agreement).
The policy would not apply to any contract entered into prior to the effective date of the
policy, except upon its renewal, amendment or modification.
The policy should include a preclusion clause, such as: “This section shall apply except
when federal or state law precludes the City from attaching the procurement conditions
herein.”
Discussion Topics:
Revision of the City’s “lowest responsible bidder” definition. The City’s current
definition of responsible in this context is: “financially responsible; accountable;
reliable; sufficient resources; skill; judgment; integrity; responsive; and moral worth.”
The definition of “responsible bidder” (re: apparel and textiles), used in other such
policies, is:
“A manufacturer or contractor of apparel and textiles that is able to
demonstrate current compliance with all applicable wage and hour,
health, labor, environmental and safety laws, building and fire codes
and any laws relating to discrimination in hiring, promotion or
compensation on the basis of race, disability, national origin, gender,
ethnicity, color, age, religion, familial status, sexual orientation, source
of income or affiliation with any political, non-governmental or civic
group.”
Other policies also include this provision:
“For the purposes of this section a responsible bidder shall
not contract with any subcontractor operating in violation of
any provision of this section for purchases and bids covered
by this section.”
The Council needs to consider whose law counts, in this context. Is it the
law of the country where the workplace is actually located? Or is the
intent to apply U.S. federal labor law standards (or New York State rules)?
Some of the non-discrimination criteria listed above are not covered by
either US or NY law, and almost certainly are not guaranteed by some or many
of the other countries where questionable labor practices are common. It would
seem that the most logical choice of law would be that of the country of the
4
supplier, but that could result in relatively weak standards, and would likely
require reliance on the Consortium’s interpretation of labor standards in that
country.
What happens if the Sweat free Purchasing Consortium dissolves, closes, or
otherwise ceases to provide up-to-date information to public officials? Do we want
to tie the City legislatively to a non-governmental organization?
Reliance on the database may also create problems where a contractor who would
otherwise qualify as a responsible bidder is rejected because the contractor is not
part of the Consortium database.
The Common Council may want to consider the ramifications of using only the
Consortium to provide reliable information. At this point, we are not sure of the
Consortium’s criteria for suppliers and database entries, so we may want the policy
to say that the City will look to the Consortium for guidance, along with other
sources.
I will be attending a Sweatshop Free Purchasing Consortium webinar on May 31,
2011, and will hopefully be able to provide more information with regard to at least some of
the concerns highlighted in this memo as well as questions from the Committee. Please
feel free to email me (kflaherty@cityofithaca.org) with questions.
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
OFFICE OF HUMAN RESOURCES / CIVIL SERVICE
Telephone: 607 / 274-6539 Fax: 607 / 274-6574
Memorandum
To: City Administration Committee
From: Charter and Code Review Working Group
Date: May 12, 2011
RE: Proposed Revisions to City Charter and Code
Since its formation in early 2010, the Charter and Code Review Working Group has
been reviewing the City Charter and Code in depth, and has been discussing potential
changes to streamline and simplify the Charter and Code and to eliminate obsolete,
redundant, repetitive and contradictory language. Three proposed revisions are being
submitted to you for consideration, as follows. The language to be added and deleted is
shown below. In an effort to keep this memo to a reasonable length, the language
surrounding each change is not shown in its entirety. Please see the actual Charter and
Code to view the following sections in their entirety.
Topic #1: Designation and Appointment of City Officers
Issue: The terms “appointed by the Mayor”, “appointed by the Mayor pursuant to C-26”
and “appointed by the Mayor with the approval of Common Council” are used
interchangeably and at times inconsistently throughout the Charter and Code. The
Charter and Code Review Working Group recommends that only two terms -
“appointed by the Mayor” and “appointed by the Mayor with the approval of Common
Council” - be used in the Charter and Code. We are also recommending that the
methodology of appointment for each City officer be defined in the “Appointment of City
Officers” section of the Charter (§C-5), and only in that section. Any and all subsequent
references to appointments in the Charter and Code should be deleted. This includes
the deletion of dated language that formerly granted appointed Boards the authority to
appoint City officers.
Please note that none of these revisions change who currently has the authority
to appoint any City department head; however, the Charter and Code Review
Working Group is proposing a change in the appointment process for the
Assistant City Attorneys, Deputy City Chamberlain, Deputy City Clerk and Deputy
Controller. Those four deputy/assistant titles are currently appointed by the
Mayor with the approval of Common Council. We are proposing that the
respective department heads be given the authority to appoint these individuals,
so that their appointment process is consistent with that used to appoint all other
deputies and assistants.
Memo to City Administration Committee
Proposed Revisions to Charter C-5, C-19 and C-22
Page 2
2
The intent of these changes is to consolidate all Charter and Code language governing
appointments of City officers into one section, to eliminate redundant, repetitive and
contradictory language regarding the appointment of City officers, to make the
appointment process consistent for similar positions, and to update titles to reflect
current City officers. Some historical titles are also being preserved for future use.
Sections of City Charter and City Code to be amended:
City Charter: §C-5.C, §C-17.A(1), §C-17.C, §C-20.A, §C-21.A, §C-59, §C-60, §C-98
City Code: §4-20, §4-22
Proposed language changes:
Language to be added is in purple and bold-faced
Language to be deleted is in red and stricken
City Charter: §C-5.C:
[NOTE: These changes organize department heads and deputies into distinct
sections, update job titles, add titles that are currently missing from the Charter,
delete the City Prosecutor title which is no longer in use, and amend the
appointment authority for the Assistant City Attorneys, Deputy City Chamberlain,
Deputy City Clerk and Deputy Controller. With the exception of these four titles,
there is no change with respect to who appoints any of the remaining City
officers that are listed.]
§C-5.C The appointed officers of the City shall be:
(2) Officers who serve at the pleasure of the Mayor: a City Attorney, who shall
serve as the head of the City Attorney’s Office. and a City Prosecutor.
(4) Officers appointed by the Mayor pursuant to §C-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, Director of Human Resources and Assistant City Attorney.
(5) Officers appointed by the Mayor with the approval of Common Council: the
Director of the Greater Ithaca Activities Center, the Assistant City Attorney, the
Building Commissioner, the City Chamberlain, the City Clerk, the City Controller,
the Ithaca Activities and Cultural Coordinator, the Director of Planning and
Development, the Deputy City Chamberlain, the Deputy City Clerk, the Deputy
City Controller, the Fire Chief, the Personnel Administrator , the Superintendent
of Public Works and the Youth Bureau Director
(6) Officers appointed by the head of the Officer’s Department: the Assistant
Superintendent(s) of Public Works, the Deputy Building Commissioner(s), the
Memo to City Administration Committee
Proposed Revisions to Charter C-5, C-19 and C-22
Page 3
3
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.
(4) Officers who serve as the heads of their respective departments, and
who are appointed by the Mayor with the approval of Common Council:
Building Commissioner, City Chamberlain, City Clerk, Controller, Director
of Human Resources, Director of Information Technology, Director of
Planning and Development, Fire Chief, Greater Ithaca Activities Center
Director, Police Chief, Superintendent of Public Works, Youth Bureau
Director.
(5) Officers who serve as the deputies or assistant department heads of
their respective departments, and who are appointed by their respective
department heads: Assistant City Attorney(s), Assistant Superintendent(s)
of Public Works, Deputy Building Commissioner(s), Deputy City
Chamberlain, Deputy City Clerk, Deputy Controller, Deputy Director of
Human Resources, Deputy Director of Economic Development, Deputy
Director of Planning and Development, Deputy Fire Chief(s), Deputy
Greater Ithaca Activities Center Director, Deputy Police Chief(s), Deputy
Youth Bureau Director
City Charter: §C-17.A(1):
[NOTE: Section C-5 of the City Charter was updated by referendum in 1997.
Through that referendum, the appointment of the Police Chief was changed from
a Mayoral appointment to an appointment by the Mayor with the approval of
Common Council, and the appointments of all subordinate Police Department
employees were changed from Mayoral appointments to appointments by the
Police Chief. When the 1997 referendum was written, the changes were
incorporated into §C-5; however, contradictory language in §C-17.A was
overlooked. This proposed amendment deletes the contradictory language.]
§C-17.A. Selection of members of Police Department; compensation; Powers and
duties of police officers.
(1) The Mayor shall appoint all members of the Police Department. The Mayor
may appoint the Chief of Police subject to the provisions of § C-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.
Memo to City Administration Committee
Proposed Revisions to Charter C-5, C-19 and C-22
Page 4
4
City Charter: §C-17.C:
[NOTE: When the 1997 referendum granted the Police Chief the authority to
appoint all subordinate police officers, the authority to remove these officers was
transferred as well. When the 1997 referendum was written, the contradictory
language in §C-17.C was overlooked. This proposed amendment deletes the
contradictory language. The PBA contract already reflects the Police Chief’s
authority to discipline and discharge staff.]
C. Removal of police officers by Mayor. The police officers and staff officers of
the Police Department shall be subject to removal by the Mayor when found to
be incompetent, negligent or guilty of misconduct in and about or unable to
perform the duties of their office or guilty of willfully violating any of the rules and
regulations of the Police Commissioners or any superior officers.
City Charter: §C-20.A:
[NOTE: The language that is proposed for deletion repeats language already
contained in §C-5. It is redundant and therefore unnecessary. It is also
somewhat contradictory in itself because it states that the City Clerk is appointed
by the Mayor, but also states that the Mayor’s appointment is to be made
pursuant to §C-26, which requires that the Mayor’s appointment be approved by
Common Council.]
A. There shall be a Department of the City Clerk, the head of which shall be the
City Clerk. The City Clerk shall be appointed by the Mayor in the manner
provided in §C-26 below.
City Charter: §C-21.A:
[NOTE: The language that is proposed for deletion repeats language already
contained in §C-5. It is redundant and therefore unnecessary. It is also
somewhat contradictory in itself because it states that the Director of Human
Resources is appointed by the Mayor, but also states that the Mayor’s
appointment is to be made pursuant to §C-26, which requires that the Mayor’s
appointment be approved by Common Council.]
A. There shall be a Human Resources Department, the head of which shall be
the Director of Human Resources. The Director of Human Resources shall be
appointed by the Mayor in the manner provided in §C-26 below.
Memo to City Administration Committee
Proposed Revisions to Charter C-5, C-19 and C-22
Page 5
5
City Charter: §C-59:
[NOTE: The proposed changes are only intended to clean up the language
regarding the appointment and management of staff within the Department of
Public Works. All other language that exists regarding the Board of Public
Works, its role and responsibilities, and its authorities, is unchanged.
The language that is proposed for deletion either repeats language located in
other sections of the Charter (i.e. the appointment of the Superintendent of
Public Works), is meaningless, albeit harmless (i.e. “There shall be…employee
positions…as are authorized by Common Council”), or contradicts actual
authorities or practices (i.e. “The Superintendent shall fix the compensation…
subject to the approval of the Board and in accordance with compensation plans
and rules established by Common Council”. All salaries are established through
negotiated labor contracts which are ratified by the respective unions and
Common Council; neither the Superintendent of Public Works nor the Board of
Public Works can fix compensation independent of these labor contracts.)]
Superintendent of Public Works. The head of the Department of Public Works,
including all departments and units within the jurisdiction of the Board of Public
Works, shall be the Superintendent of Public Works. The Superintendent of
Public Works shall be appointed and removable in the manner provided in § C-26
of this Charter. The Board of Public Works shall prescribe the duties of the
Superintendent. There shall be within the Department of Public Works such
engineer, assistant and other employee positions as in the judgment of the Board
are necessary and as are authorized by the Common Council. The
Superintendent shall appoint such engineers, assistants and other employees for
indefinite terms, subject to discipline and dismissal in accordance with the Civil
Service Law. The Superintendent shall fix the compensation and prescribe the
duties of such engineers, assistants and other employees, subject to the
approval of the Board and in accordance with any compensation plan and related
rules established by the Common Council.
City Charter: §C-60:
[NOTE: The proposed change does not delete the Plumbing Inspector position.
It simply removes its reference from the City Charter. There is no requirement for
a subordinate position to be specifically mentioned in the City Charter. There are
also inaccuracies in the language regarding the discipline and dismissal of the
position and the establishment of salary for this position, both of which occur in
accordance with the provisions of a negotiated labor contract.]
Plumbing Inspector. The Board of Public Works shall detail the office of
Inspector of Plumbing. The Superintendent of Public Works shall appoint the
Inspector of Plumbing for an indefinite term, subject to discipline and dismissal in
accordance with the Civil Service Law. The Superintendent shall fix the salary
Memo to City Administration Committee
Proposed Revisions to Charter C-5, C-19 and C-22
Page 6
6
and prescribe the duties of the person so appointed, subject to the approval of
the Board and in accordance with any compensation plan and related rules
established by the Common Council. Such appointment and the duties of the
person so appointed shall be subject further to the provisions of Article 4 of the
General City Law.
City Charter: §C-98:
[NOTE: The proposed changes are only intended to clean up the language
regarding the appointment and management of staff within the Ithaca Fire
Department. All other language that exists regarding the Board of Fire
Commissioners, its role and responsibilities, and its authorities, is unchanged.
The language that is proposed for deletion either repeats language located in
other sections of the Charter (i.e. the appointment of the Fire Chief), is
meaningless, albeit harmless (i.e. “There shall be…employee positions…as are
authorized by Common Council”), or contradicts actual authorities or practices
(i.e. “The Fire Chief shall fix the compensation… subject to the approval of the
Board and in accordance with compensation plans and related rules established
by Common Council”. All salaries are established through negotiated labor
contracts which are ratified by the respective unions and Common Council;
neither the Fire Chief nor the Board of Fire Commissioners can fix compensation
independent of these labor contracts.)]
Fire Chief and other personnel. The head of the Ithaca Fire Department shall be
the Fire Chief. The Fire Chief shall be appointed and removable in the manner
provided in § C-26 of this Charter. The Board of Fire Commissioners shall
prescribe the duties of the Fire Chief. There shall be within the Department such
deputy, assistant and other employee positions as, in the judgment of the Board,
are necessary and authorized by the Common Council. The Fire Chief shall
appoint all deputies, assistants and other employees of the Department for
indefinite terms, subject to discipline and dismissal in accordance with the Civil
Service Law. The Fire Chief shall fix the compensation and prescribe the duties
of such deputies, assistants and other employees, subject to the approval of the
Board and in accordance with any compensation plan and related rules
established by the Common Council. Any member of the Ithaca Fire Department
who is appointed Fire Chief, Deputy Chief or Assistant Chief shall cease to be an
active member of any company of the Department.
City Code: §4-20:
[NOTE: The proposed changes update the title to the correct title, delete the
redundant language regarding the appointment of the Youth Bureau Director, and
eliminate the inaccurate language stating that the Youth Bureau Director serves
at the pleasure of the Mayor and Common Council. (The Youth Bureau Director
Memo to City Administration Committee
Proposed Revisions to Charter C-5, C-19 and C-22
Page 7
7
has disciplinary protection through §75 of NYS Civil Service Law.) All other
language in this section will remain as written.]
There shall be a Youth Bureau, headed by a Youth Bureau Director a
Coordinator - Youth Bureau, who shall be appointed by the Mayor and confirmed
by the Common Council. He/she shall be directly responsible to the Mayor and
the Common Council and, unless otherwise required by law, serve at their
pleasure. Among the powers and duties of the Coordinator - Youth Bureau
Director, but not by way of limitation, shall be the: ……
City Code: §4-22:
[NOTE: The proposed changes update the title to the correct title, delete the
redundant language regarding the appointment of the Director of Planning and
Development, eliminate the inaccurate language stating that the Board of
Planning and Development has approval rights over the appointment of the
Director of Planning and Development (this language contradicts §C-5 of the
Charter), and eliminate the inaccurate language stating that the Director of
Planning and Development serves at the pleasure of the Mayor and Common
Council. (The Director of Planning and Development has disciplinary protection
through §75 of NYS Civil Service Law.) All other language in this section will
remain as written.]
There shall be a Department of Planning and Development headed by a Director
of Planning and Development. who shall be appointed by the Mayor and
confirmed by the Common Council upon the advice and consent of the Board of
Planning and Development and the Common Council. He/she shall be appointed
on the basis of his/her education and experience in carrying out the duties of
his/her position and, unless otherwise required by law, shall serve at the pleasure
of the Mayor and the Common Council. Among his/her functions and duties, but
not by way of limitation, shall be the: ……
Topic #2: Basic Authorities of Department Heads and Deputies
Issue: Currently, there is a wide variation in whether, how and where the authorities of
department heads and deputies are delegated and described. Some positions have
expansive definitions that include minor details about daily work duties; other positions
are not mentioned at all. The language that does exist for various positions is scattered
throughout the Charter and Code.
The overall goal of the Charter and Code Review Working Group is to consolidate the
basic authorities and responsibilities inherent in all department head and deputy
positions into one section, and to then eliminate references to the detailed day-to-day
duties of these positions (i.e. “prepares reports regarding Program X for Common
Council as requested”) from other sections of the Charter and Code. Each position
Memo to City Administration Committee
Proposed Revisions to Charter C-5, C-19 and C-22
Page 8
8
already has an extensive job description that describes the daily work responsibilities
and duties. Additionally, because these duties are somewhat fluid and change
periodically as Common Council changes budgetary priorities, it makes more sense to
describe them in the job descriptions which are more easily amended, than to amend
the Charter every time Common Council adds or deletes a program or function.
Conversely, the legal authorities delegated to City officers are constant, would not
change without extensive discussion and action by Common Council, and reflect
authorities that are delegated to Common Council through state law and are
appropriately delegated by Common Council to the department heads and deputies
through the Charter.
The proposed changes to §C-22 will consolidate the basic authorities and
responsibilities inherent in all department head and deputy positions into one section.
This will establish the framework for the long-term goal of eliminating the day-to-day
duties of these positions from various locations in the Charter and Code. Please note
that the current proposal does not eliminate any of the daily duties of these City
officers from the Charter. The department heads are currently reviewing their job
descriptions and any Charter and Code provisions related to their positions. No
specific recommendations regarding the revision or elimination of existing
language for individual positions are being made in this proposal.
Section of City Charter to be amended: §C-22
Proposed language changes:
Language to be added is in purple and bold-faced
Language to be deleted is in red and stricken
§C-22. Department Heads, Deputies and Assistants. Assistants and Deputies.
A. The Common Council may create, establish or abolish the offices of Deputy
City Controller, Deputy City Chamberlain, Deputy City Clerk, Deputy Building
Commissioner, Deputy Director of Planning and Development, Deputy Fire Chief,
Assistant Superintendent of Public Works and Assistant City Attorney. The
Assistant City Attorney must be a resident of Tompkins County, New York. It is
not necessary that the Assistant City Attorney be a resident of the City of Ithaca.
Such officers shall generally assist their superiors in the execution of their
powers and duties and may perform such part or portion of such duties as
designated by such superiors and, in the absence, inability or temporary vacancy
of their respective superiors, shall act as such and, when so acting, shall have all
the powers of such office.
B. The Deputy City Controller, the Deputy City Chamberlain and the Deputy City
Clerk shall be appointed and removed in the same manner as their superiors,
unless otherwise controlled by contract or the New York State Civil Service Law.
Memo to City Administration Committee
Proposed Revisions to Charter C-5, C-19 and C-22
Page 9
9
A. The department heads of the City of Ithaca, as defined in §C-5.C(4) of this
Charter, shall be vested with the following authorities:
1. The authority to appoint, discipline and remove as necessary, all
subordinate officers and employees of their respective departments;
2. The authority to direct and supervise the work of the officers and
employees of their respective departments;
3. The authority to organize and manage the work of their respective
departments, and to assign and transfer administrative functions,
powers and duties within their respective departments, as is in the best
interest of the City;
4. The authority to exercise all powers and responsibilities vested in the
office which the department head holds, on behalf of the City;
5. The authority to authorize necessary expenditures, in accordance with
authorized budgetary allocations and established financial procedures;
6. The authority to exercise such other responsibilities and perform such
other duties as may be prescribed by the Charter, state or local law, or
assigned by the Mayor or Common Council.
B. The deputy and assistant department heads of the City of Ithaca, as defined
in §C-5.C(5) of this Charter, shall generally assist their superiors in the
execution of their powers and duties and may perform such part or portion of
such duties as designated by such superiors and, in the absence, inability or
temporary vacancy of their respective superiors, shall act as such and, when so
acting, shall have all the powers of such office.
Topic #3: Structure of Finance Department
Issue: The Charter currently defines the City Controller’s Office and City Chamberlain’s
Office as “co-departments”, which together create the “Finance Department”. In reality,
the Controller’s Office and Chamberlain’s Office function as independent departments.
The Charter already clearly separates the authorities and responsibilities of the City
Controller and the City Chamberlain, so that a system of checks and balances for City
financial operations is created and maintained. The Charter and Code Review Working
Group is recommending that the Controller’s Office and Chamberlain’s Office be
structurally separated and be recognized as independent departments, thereby creating
a more desirable organizational structure for the delegation and differentiation of
financial authorities and responsibilities. Please note that the recommended “new”
organizational structure reflects the way in which the departments currently
operate. Both the City Controller and the City Chamberlain support this change.
Memo to City Administration Committee
Proposed Revisions to Charter C-5, C-19 and C-22
Page 10
10
Section of City Charter to be amended: §C-19
Proposed language changes:
Language to be added is in purple and bold-faced
Language to be deleted is in red and stricken
City Charter: §C-19:
§C-19: Financial Officers. Department of Finance.
There shall be a Department of Finance, the joint heads of which shall be the City
Controller and the City Chamberlain. The City Controller and the City Chamberlain shall
be appointed by the Mayor in the manner provided in § C-26 below.
A. Offices in Department of Finance. Within the Department of Finance, there shall be
the following Offices:
1. The Office of Budget and Control, the head of which shall be the City Controller.
2. The Office of the City Chamberlain, the head of which shall be the City
Chamberlain.
B. Management of the Department.
1. The Controller and Chamberlain, within their respective Offices, shall each have
the authority to hire, discipline and remove the employees of those Offices
independent of the other Department head.
2. The Controller and Chamberlain, within their respective Offices, shall each direct
and supervise the work of the employees of those offices independent of the
other Department head.
3. Employees of the Department, regardless of which Office is their primary
assignment, may be trained to substitute for employees of the other Office.
4. Substitute assignments of employees within the Department shall be made upon
the agreement of both Department heads, and such assignments shall be
temporary unless a permanent reassignment is explicitly authorized by both
Department heads.
Memo to City Administration Committee
Proposed Revisions to Charter C-5, C-19 and C-22
Page 11
11
A. C. Powers and Duties of the City Controller.
(All existing language regarding powers and duties of the City Controller
remains.)
B. D. Powers and Duties of the City Chamberlain.
(All existing language regarding powers and duties of the City Chamberlain
remains.)
The proposed local laws that implement these changes are attached. Please feel free
to contact any of the members of the Charter and Code Review Working Group for
further information or clarification.
J:\DRedsicker\AGENDAS\City Admin Comm\2011\5-25 CA Agenda.doc 5/25/11
14. Human Resources
.1 A Local Law to Amend Sections of the City of Ithaca Charter regarding the
Appointment of City Officers
Whereas, the intent of the following legislation is to:
Consolidate all Charter and Code language governing appointments of City officers into
one section
Eliminate redundant, repetitive and contradictory language regarding the appointment of
City officers
Update titles to reflect current City officers; some historical titles are also being
preserved for future use; now, therefore,
Local Law - 2011
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. That the following Sections and Subsections of the City Charter be amended to read
as follows:
§C-5.C The appointed officers of the City shall be:
…
(2) Officers who serve at the pleasure of the Mayor: a City Attorney, who shall serve as
the head of the City Attorney’s Office. and a City Prosecutor.
…
(4) Officers appointed by the Mayor pursuant to §C-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,
Director of Human Resources and Assistant City Attorney.
(5) Officers appointed by the Mayor with the approval of Common Council: the Director
of the Greater Ithaca Activities Center, the Assistant City Attorney, the Building
Commissioner, the City Chamberlain, the City Clerk, the City Controller, the Ithaca
Activities and Cultural Coordinator, the Director of Planning and Development, the
Deputy City Chamberlain, the Deputy City Clerk, the Deputy City Controller, the Fire
Chief, the Personnel Administrator , the Superintendent of Public Works and the Youth
Bureau Director
(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.
(4) Officers who serve as the heads of their respective departments, and who are
appointed by the Mayor with the approval of Common Council: Building Commissioner,
City Chamberlain, City Clerk, Controller, Director of Human Resources, Director of
Information Technology, Director of Planning and Development, Fire Chief, Greater
J:\DRedsicker\AGENDAS\City Admin Comm\2011\5-25 CA Agenda.doc 5/25/11
Ithaca Activities Center Director, Police Chief, Superintendent of Public Works, Youth
Bureau Director.
(5) Officers who serve as the deputies or assistant department heads of their respective
departments, and who are appointed by their respective department heads: Assistant City
Attorney(s), Assistant Superintendent(s) of Public Works, Deputy Building
Commissioner(s), Deputy City Chamberlain, Deputy City Clerk, Deputy Controller,
Deputy Director of Human Resources, Deputy Director of Economic Development,
Deputy Director of Planning and Development, Deputy Fire Chief(s), Deputy Greater
Ithaca Activities Center Director, Deputy Police Chief(s), Deputy Youth Bureau Director
§C-17.A. Selection of members of Police Department; compensation; Powers and duties of
police officers.
(1) The Mayor shall appoint all members of the Police Department. The Mayor may
appoint the Chief of Police subject to the provisions of § C-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.
…
C. Removal of police officers by Mayor. The police officers and staff officers of the
Police Department shall be subject to removal by the Mayor when found to be
incompetent, negligent or guilty of misconduct in and about or unable to perform the
duties of their office or guilty of willfully violating any of the rules and regulations of the
Police Commissioners or any superior officers.
§C-20.
A. There shall be a Department of the City Clerk, the head of which shall be the City
Clerk. The City Clerk shall be appointed by the Mayor in the manner provided in §C-26
below.
§C-21.A
A. There shall be a Human Resources Department, the head of which shall be the
Director of Human Resources. The Director of Human Resources shall be appointed by
the Mayor in the manner provided in §C-26 below.
§C-59.
Superintendent of Public Works. The head of the Department of Public Works, including
all departments and units within the jurisdiction of the Board of Public Works, shall be
the Superintendent of Public Works. The Superintendent of Public Works shall be
appointed and removable in the manner provided in § C-26 of this Charter. The Board of
Public Works shall prescribe the duties of the Superintendent. There shall be within the
Department of Public Works such engineer, assistant and other employee positions as in
the judgment of the Board are necessary and as are authorized by the Common Council.
The Superintendent shall appoint such engineers, assistants and other employees for
indefinite terms, subject to discipline and dismissal in accordance with the Civil Service
J:\DRedsicker\AGENDAS\City Admin Comm\2011\5-25 CA Agenda.doc 5/25/11
Law. The Superintendent shall fix the compensation and prescribe the duties of such
engineers, assistants and other employees, subject to the approval of the Board and in
accordance with any compensation plan and related rules established by the Common
Council.
§C-60
Plumbing Inspector. The Board of Public Works shall detail the office of Inspector of
Plumbing. The Superintendent of Public Works shall appoint the Inspector of Plumbing
for an indefinite term, subject to discipline and dismissal in accordance with the Civil
Service Law. The Superintendent shall fix the salary and prescribe the duties of the
person so appointed, subject to the approval of the Board and in accordance with any
compensation plan and related rules established by the Common Council. Such
appointment and the duties of the person so appointed shall be subject further to the
provisions of Article 4 of the General City Law.
§C-98
Fire Chief and other personnel. The head of the Ithaca Fire Department shall be the Fire
Chief. The Fire Chief shall be appointed and removable in the manner provided in § C-26
of this Charter. The Board of Fire Commissioners shall prescribe the duties of the Fire
Chief. There shall be within the Department such deputy, assistant and other employee
positions as, in the judgment of the Board, are necessary and authorized by the Common
Council. The Fire Chief shall appoint all deputies, assistants and other employees of the
Department for indefinite terms, subject to discipline and dismissal in accordance with
the Civil Service Law. The Fire Chief shall fix the compensation and prescribe the duties
of such deputies, assistants and other employees, subject to the approval of the Board and
in accordance with any compensation plan and related rules established by the Common
Council. Any member of the Ithaca Fire Department who is appointed Fire Chief, Deputy
Chief or Assistant Chief shall cease to be an active member of any company of the
Department.
§4-20
There shall be a Youth Bureau, headed by a Youth Bureau Director a Coordinator -
Youth Bureau, who shall be appointed by the Mayor and confirmed by the Common
Council. He/she shall be directly responsible to the Mayor and the Common Council and,
unless otherwise required by law, serve at their pleasure. Among the powers and duties
of the Coordinator - Youth Bureau Director, but not by way of limitation, shall be the:
§4-22
There shall be a Department of Planning and Development headed by a Director of
Planning and Development. who shall be appointed by the Mayor and confirmed by the
Common Council upon the advice and consent of the Board of Planning and
Development and the Common Council. He/she shall be appointed on the basis of his/her
education and experience in carrying out the duties of his/her position and, unless
otherwise required by law, shall serve at the pleasure of the Mayor and the Common
Council. Among his/her functions and duties, but not by way of limitation, shall be the:
Section 2. Severability.
Severability is intended throughout and within the provisions of this local law. If any section,
subsection, sentence, clause, phrase or portion of this local law is held to be invalid or
J:\DRedsicker\AGENDAS\City Admin Comm\2011\5-25 CA Agenda.doc 5/25/11
unconstitutional by a court of competent jurisdiction, then that decision shall not affect the
validity of the remaining portion.
Section 3. Effective Date.
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.
J:\DRedsicker\AGENDAS\City Admin Comm\2011\5-25 CA Agenda.doc 5/25/11
14. Human Resources
2. A Local Law to Amend Section C-19 of the City of Ithaca Charter Regarding Financial
Officers
Whereas, the intent of the following legislation is to:
To amend the Charter to reflect the current organizational structure and operational
practices of the City Controller’s Office and City Chamberlain’s Office.
To clearly separate the authorities and responsibilities of the City Controller and the City
Chamberlain, so that a system of checks and balances is created and maintained; now,
therefore
Local Law - 2011
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. That Section C-19 of the City Charter be amended to read as follows:
§C-19: Financial Officers. Department of Finance.
There shall be a Department of Finance, the joint heads of which shall be the City Controller and
the City Chamberlain. The City Controller and the City Chamberlain shall be appointed by the
Mayor in the manner provided in § C-26 below.
B. Offices in Department of Finance. Within the Department of Finance, there shall be the
following Offices:
3. The Office of Budget and Control, the head of which shall be the City Controller.
4. The Office of the City Chamberlain, the head of which shall be the City Chamberlain.
B. Management of the Department.
5. The Controller and Chamberlain, within their respective Offices, shall each have the
authority to hire, discipline and remove the employees of those Offices independent of
the other Department head.
6. The Controller and Chamberlain, within their respective Offices, shall each direct and
supervise the work of the employees of those offices independent of the other
Department head.
7. Employees of the Department, regardless of which Office is their primary assignment,
may be trained to substitute for employees of the other Office.
8. Substitute assignments of employees within the Department shall be made upon the
agreement of both Department heads, and such assignments shall be temporary unless a
permanent reassignment is explicitly authorized by both Department heads.
C. C. Powers and Duties of the City Controller.
(All existing language regarding powers and duties of the City Controller remains.)
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D. D. Powers and Duties of the City Chamberlain.
(All existing language regarding powers and duties of the City Chamberlain remains.)
Section 2. Severability.
Severability is intended throughout and within the provisions of this local law. If any section,
subsection, sentence, clause, phrase or portion of this local law is held to be invalid or
unconstitutional by a court of competent jurisdiction, then that decision
shall not affect the validity of the remaining portion.
Section 3. Effective Date.
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.
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14. Human Resources
3. A Local Law to Amend Section C-22 of the City of Ithaca Charter Regarding the
Authorities and Responsibilities of Department Head and Deputy Positions
Whereas, the intent of the following legislation is to consolidate the basic/general authorities and
responsibilities inherent in all department head and deputy positions into one section. New York
State has delegated certain powers and responsibilities to the Common Council. It is appropriate
for Common Council, in turn and through the Charter, to empower and charge its department
heads (and deputies) with the carrying out of certain, general duties. However, the day-to-day
responsibilities, assignments and tasks of the individual department head and deputy positions
are more fluid and change periodically as the priorities of the Mayor and Common Council
change. Job descriptions are more flexible and more easily amended than the Charter, and are
therefore the more appropriate location for prescribing daily activities and program and
functional responsibilities; now, therefore
Local Law - 2011
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. That Section C-22 of the City Charter be amended to read as follows:
§C-22. Department Heads, Deputies and Assistants. Assistants and Deputies.
A. The Common Council may create, establish or abolish the offices of Deputy City
Controller, Deputy City Chamberlain, Deputy City Clerk, Deputy Building
Commissioner, Deputy Director of Planning and Development, Deputy Fire Chief,
Assistant Superintendent of Public Works and Assistant City Attorney. The Assistant
City Attorney must be a resident of Tompkins County, New York. It is not necessary that
the Assistant City Attorney be a resident of the City of Ithaca. Such officers shall
generally assist their superiors in the execution of their powers and duties and may
perform such part or portion of such duties as designated by such superiors and, in the
absence, inability or temporary vacancy of their respective superiors, shall act as such
and, when so acting, shall have all the powers of such office.
B. The Deputy City Controller, the Deputy City Chamberlain and the Deputy City Clerk
shall be appointed and removed in the same manner as their superiors, unless otherwise
controlled by contract or the New York State Civil Service Law.
C. The department heads of the City of Ithaca, as defined in §C-5.C(2) and §C-5.C(4) of
this Charter, shall be vested with the following authorities and duties, subject to the
powers and supervision of the Mayor (as described in §C-11.B(1)(b) and §C-11.B(6),
respectively) and subject to the general legislative powers of the Common Council (as
described in §C-35):
7. To appoint, discipline and remove as necessary, all subordinate officers and
employees of their respective departments;
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8. To direct and supervise the work of the officers and employees of their respective
departments;
9. To organize and manage the work of their respective departments, and assign and
transfer administrative functions, tasks and responsibilities within their respective
departments, as is in the best interest of the City;
10. To exercise all powers and carry out all responsibilities vested in the office which the
department head holds, on behalf of the City;
11. To make and authorize necessary expenditures to carry out the responsibilities of their
respective departments, in accordance with authorized budgetary allocations and
established financial procedures;
12. To exercise such other responsibilities and perform such other duties as may be
prescribed by the Charter, state or local law, or assigned by the Mayor or Common
Council.
D. The deputy and assistant department heads of the City of Ithaca, as defined in §C-5.C(5)
of this Charter, shall generally assist their superiors in the execution of their powers and
duties and may perform such part or portion of such duties as designated by such
superiors and, in the absence, inability or temporary vacancy of their respective superiors,
shall act as such and, when so acting, shall have all the powers of such office.
Section 2. Severability.
Severability is intended throughout and within the provisions of this local law. If any section,
subsection, sentence, clause, phrase or portion of this local law is held to be invalid or
unconstitutional by a court of competent jurisdiction, then that decision shall not affect the
validity of the remaining portion.
Section 3. Effective Date.
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.
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15. Finance/Controller’s Office
.1 Approval of 2009 Single Audit Report
RESOLVED, That the Independent Auditor’s Report for the period January 1, 2009 through
December 31, 2009 prepared by the accounting firm of Ciaschi, Dietershagen, Little and
Mickelson & Company, LLP be accepted to comply with all the City’s applicable Governmental
Accounting Standards Board (GASB) Statement 34 and other related audit and single audit
requirements.
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15. Finance/Controller’s Office
.2 Request to Amend 2011 Budget for Various Reimbursements
WHEREAS, during 2011 the City of Ithaca departments have received various reimbursements
donations and sold various scrape metal that were unanticipated and need to be accounted for,
and
WHEREAS, the reimbursements total $4,872.77 as follows:
Sale of Equipment/Scrap $2,758.72
Refund of Training/Parts 1,379.05
Tree Donations 735.00
; now, therefore be it
RESOLVED, That Common Council hereby amends the 2011 Authorized Budget as follows to
account for said receipt and expenditures of funds:
Increase Revenue Account:
A1320-2701 IT Refund Prior Year Expense $1215.00
A3120-2665 Police Sale of Equipment 2209.50
A5132-2665 Garage Sale of Equipment 549.22
A5132-2701 Garage Refund Prior Year Expense 164.05
A7111-2705 Parks Gifts and Donations 735.00
$4,872.77
Increase Appropriation Accounts:
A1320-5440 IT Staff Development $1215.00
A3120-5475-5017 Police Property Maintenance 2209.50
A5132-5481 Garage Small Tools 713.27
A5132-5485 Parks Trees 735.00
$4,872.77