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HomeMy WebLinkAbout12-19-11 City Administration Committee Meeting Agenda CITY ADMINISTRATION COMMITTEE Monday, December 19, 2011 7:00 p.m. 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. Common Council 10.1 Emergency Notification Protocol for Common Council – Status Update 11. Human Resources 11.1 Proposed Revision to City Charter and Code - Department Head Recruitment and Selection Procedure – Resolution 11.2 Director’s Report 12. Finance/Controller’s Office 12.1 Revision of Purchasing Policy/Environmental Preferable Purchasing – Discussion/ Possible Resolution 12.2 Controller’s Report 13. Reports 13.1 Mayor’s Report 13.2 Sub-Committee Updates 13.3 Council Members’ Announcements 13.4 Next Month’s Meeting: January 25, 2012 A Local Law to Amend Section C-26 of the City of Ithaca Charter, Section 4-23.2, and Sections 90-48 – 90-53 of the City of Ithaca Municipal Code regarding the Appointment Process for Department Heads Local Law 2011 - BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section C-26 of the City of Ithaca Charter entitled “Appointment of Officers” is hereby repealed: [§C-26 Appointment of Officers A. The following officers of the City shall be appointed by the Mayor subject to the search committee procedure as defined in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, 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. 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 2. Section 4-23.2 of the City of Ithaca Municipal Code entitled “Appointment Procedure” for the GIAC Director is hereby repealed and will be “Reserved” for future use: §4-23.2 Appointment procedure. A. The Director shall be appointed by the Mayor and confirmed by Common Council. B. The recruitment and selection procedure shall be in accordance with the procedure set forth herein. However, upon the request of the Mayor and with the unanimous approval of Common Council and the Greater Ithaca Activities Center, Inc. Board of Directors, the search procedure set forth herein shall be waived, and the Mayor shall make the appointment directly. C. 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 members of the Board of Directors of the Greater Ithaca Activities Center, Inc., a not-for-profit corporation, selected by the Board. (b) Two members of Common Council, selected by Common Council. (c) A member of the City's Affirmative Action Committee, selected by the Affirmative Action Committee. (d) One person with professional experience in the job area at issue, to be appointed by the Mayor. (e) The Director of Human Resources, as a nonvoting member. (2) Upon the formation of the Committee, the Mayor shall notify the Human Resources Department of the composition of the Search Committee. (3) The Search Committee shall comply with all local, state and federal laws, rules and regulations concerning hiring practices and procedures. (4) Upon the receipt of a resume, the Human Resources Department shall send a blind equal employment opportunity questionnaire to the applicant. The equal employment opportunity questionnaire shall be used for statistical purposes only and shall not contain any information which can be used to identify the candidate. (5) Upon the return of the EEO questionnaire, the Human Resources Department shall establish a profile of the applicant pool with respect to sex, race, age, handicapped status and veteran status. (6) The Human Resources Department shall review all applications and resumes received for the position against the established position qualifications, and prepare a summary of the credentials of the qualified candidates. D. Selection of candidates for interviews. (1) The Human Resources Department shall organize the initial Search Committee meeting. The Human Resources Department shall supply each Search Committee member with the summary of candidate credentials, copies of all approved applications and a copy of the applicant pool profile prior to the initial meeting. The Search Committee members shall independently review the above information prior to meeting and shall bring their comments and recommendations on the candidates pool to the initial meeting. (2) At its initial meeting, the Search Committee shall review the applicant pool profile and determine whether it is necessary to seek further applicants. If a decision to readvertise is made, it shall be made in consultation with the Mayor. If the Search Committee determines that the applicant pool profile reflects an adequate recruitment effort, the Committee shall select an appropriate number of candidates for interviews. (3) Prior to conducting the interviews, the Search Committee shall, in consultation with the Mayor, determine the qualities being sought for the position and establish the criteria which shall be used to evaluate the candidates. Once these criteria have been determined, the Search Committee shall develop questions designed to elicit responses which can be used to evaluate candidates against the criteria. E. Interview process. The interview process set forth in § 90-50 of the Ithaca City Code shall be followed. F. Committee recommendations. (1) Following the candidate interviews, the Search Committee shall discuss and evaluate the candidates. The Search Committee may request that the Human Resources Department solicit candidate references prior to making recommendations to the Mayor. (2) After discussion and evaluation, the Committee shall choose up to three qualified and eligible candidates. The Committee may arrange for interview of these candidates by the Board of Directors of the Greater Ithaca Activities Center, Inc. and the public. After such interviews, if conducted, the Committee may adjust its selection of qualified candidates. (3) The names of candidates selected by the Committee shall be forwarded to the Mayor for consideration, with comments in support of each recommendation. Five out of seven Committee members must support the recommendation of each candidate to the Mayor for consideration. (4) It shall be the decision of the Search Committee as to whether the names recommended to the Mayor are or are not ranked. (5) At the request of the Search Committee, the Human Resources Department shall prepare the Committee's recommendations and forward them to the Mayor. G. Selection by Mayor. The Mayor shall select a candidate in accordance with the provisions set forth in § 90-52 of the Ithaca City Code.] Section 4-23.2 Reserved Section 3. A new Section C-26 of the City of Ithaca Charter entitled “Appointment of Department Heads” is hereby added as follows: §C-26. Appointment of Department Heads A. Those department heads of the City listed in §C-5.C(4) of the Charter shall be appointed in accordance with the search process established in this section. B. Recruitment for vacant department head positions shall be conducted in accordance with current recruitment procedures and policies, including the Workforce Diversity Plan. C. A search committee for the vacant department head position shall be established by the Mayor and shall be composed of the following individuals: 1. Three (3) members of the Common Council, to be selected by the Common Council. If there is a lay board or commission that oversees the department in which the vacancy exists, the Council liaison to that board or commission shall be one of these three search committee members; 2. Three (3) members of appropriate lay boards or commissions, to be selected by those boards or commissions; a. The Mayor shall designate the appropriate lay boards or commissions. b. In light of the historical and contractual relationship between the City and the Board of Directors of the Greater Ithaca Activities Center, Inc., three members of the Board of Directors of the Greater Ithaca Activities Center, Inc., shall fulfill this role on the search committee for the Greater Ithaca Activities Center Director. c. In the absence of appropriate lay boards or commissions, the Mayor may appoint three other appropriate individuals, which could include a member or members of City staff, to fulfill this role. 3. One person with professional experience in the job area at issue, to be appointed by the Mayor; 4. Except when the appointment is to the position of Director of Human Resources, the Director of Human Resources will be a non-voting member. The Director of Human Resources shall facilitate the search process and shall also serve as the representative of the Workforce Diversity Advisory Committee. 5. Other non-voting members as the Mayor deems necessary and appoints. D. The search committee shall follow and comply with all current interviewing and selection policies and procedures; all local, state, and federal laws; and all rules and regulations concerning hiring practices and procedures. E. Following candidate interviews and related selection processes, the search committee shall select a minimum of two (2) candidates as finalists and shall forward their names in rank order to the Mayor for consideration. F. The Mayor shall either make a selection from the candidates who were forwarded by the search committee or request that the search be reopened, if appropriate. G. Following the selection of a candidate, the Mayor shall forward the candidate’s name and proposed salary to the Common Council for consideration. An appointment made pursuant to this section shall be deemed to be made upon approval by a majority vote of Common Council. H. An appointment made pursuant to this section shall be for an indefinite term. I. Upon request of the Mayor, and with the affirmative vote of 2/3 of the Common Council exclusive of the Mayor, this search committee procedure may be waived and the Mayor may make an appointment directly, with the approval of Common Council by a majority vote. For the position of Greater Ithaca Activities Center Director, the affirmative vote of 2/3 of the Board of Directors of the Greater Ithaca Activities Center, Inc., shall also be required to waive this search committee procedure and to approve the direct appointment. Section 4. Article VII (Sections 90-48 through 90-53), entitled “Recruitment and Selection Procedure for Department Heads and Managerial Personnel” of Chapter 90 entitled “Personnel” of the City of Ithaca Municipal Code, is hereby repealed and will be “Reserved” for future use: Article VII - Recruitment and Selection Procedure for Department Heads and Managerial Personnel §90-48. Recruitment. A. 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 members of the appropriate overseeing lay board or commission, if any, to be selected by that board or commission. (b) Three members of the Common Council, to be selected by the Common Council. (c) One 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 Director of Human Resources, except when the appointment is to the position of Director of Human Resources, as a nonvoting member. (e) other nonvoting 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 Human Resources 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. B. Upon the receipt of a resume, the Human Resources Department shall send a blind equal employment opportunity questionnaire to the applicant. The equal employment opportunity questionnaire shall be used for statistical purposes only and shall not contain any information which can be used to identify the candidate. C. Upon the return of the EEO questionnaire, the Human Resources Department shall establish a profile of the applicant pool with respect to sex, race, age, handicapped status and veteran status. D. The Human Resources Department shall review all applications and resumes received for the position against the established position qualifications. The Human Resources Department shall then prepare a summary of the credentials of the qualified candidates. §90-49. Search committee; selection of candidates for interviews. A. A Search Committee for the vacant position shall be established by the Mayor, pursuant to § C-26 of the City Charter. The Mayor shall then notify the Human Resources Department of the composition of the Search Committee. B. Following the closing date for the submission of applications, the Human Resources Department shall organize the initial Search Committee meeting. The Human Resources Department shall supply each Search Committee member with the summary of candidate credentials, copies of all approved applications and a copy of the applicant pool profile prior to the initial meeting. The Search Committee members shall independently review the above information prior to meeting and shall bring their comments and recommendations on the candidates pool to the initial meeting. C. At its initial meeting, the Search Committee shall review the applicant pool profile and determine whether it is necessary to readvertise the position. (1) If a decision to readvertise is made, it shall be made in consultation with the Mayor. (2) If the Search Committee determines that the applicant pool profile reflects an adequate recruitment effort, the Committee shall select an appropriate number of candidates for interviews. D. Prior to conducting the interviews, the Search Committee shall, in consultation with the Mayor, determine the qualities being sought for the position and establish the criteria which shall be used to evaluate the candidates. Once these criteria have been determined, the Search Committee shall develop questions designed to elicit responses which can be used to evaluate candidates against the criteria. §90-50. Interview Process. A. The Human Resources Department shall schedule interviews with the candidates selected by the Search Committee. Approximately one hour shall be reserved for each interview. B. Prior to the interviews, the Human Resources Department shall prepare an informational packet for each Search Committee member. Said packets shall contain copies of the applications, copies of the interview questions, candidate evaluation sheets, the position job description, relevant salary and benefit information and relevant information pertaining to the department involved, its organization, its staffing and its responsibilities. The Human Resources Department shall also include an informational sheet regarding questions which are prohibited under the New York State Human Rights Law. An information packet shall also be prepared for the Mayor, and the Human Resources Department shall invite the Mayor to attend the Search Committee interviews. C. During the interviews, the Search Committee will attempt to ask similar questions of all candidates so that all candidates are judged by the same standards. It is understood, however, that different follow-up questions will probably be necessitated by the various candidate responses. D. Reasonable travel and interview expenses shall be paid to candidates upon the submission of a City voucher. All efforts shall be made for candidates to use the least-expensive mode of transportation to Ithaca and to avoid the need for lodging expenses unless candidates reside more than four hours from Ithaca. E. Throughout the search process, the Human Resources Department shall keep candidates apprised of the status of the search. §90-51. Committee recommendations. A. Following the candidate interviews, the Search Committee shall discuss and evaluate the candidates. The Search Committee may request that the Human Resources Department solicit candidate references prior to making recommendations to the Mayor. After discussion and evaluations, the Committee shall choose the top three qualified and eligible candidates and forward their names to the Mayor for consideration, with comments in support of each recommendation. B. It shall be the decision of the Search Committee as to whether the names recommended to the Mayor are or are not ranked. C. At the request of the search committee, the Human Resources Department shall prepare the Committee's recommendations and forward them to the Mayor. §90-52. Selection by Mayor. A. The Mayor may conduct interviews with one or more of the candidates recommended by the Search Committee at his/her discretion. B. The Mayor shall make the appointment from the list of three names with the consent of the Common Council. C. Following the selection of a candidate, the Mayor shall notify the Common Council and the Search Committee of his/her selection and shall forward his/her salary recommendations to the Budget and Administration Committee for its review. D. It shall be the decision of the Mayor as to whether a public announcement of the selection shall be made prior to or following the official appointment of the candidate. E. Once the Mayor has offered the position to a candidate and the candidate has accepted the position but prior to the public announcement of the selection, the Mayor shall direct the Human Resources Department to notify all remaining candidates that a selection has been made. § 90-53 Affirmative action. The City's affirmative action policies will apply in all stages throughout this process. Chapter 90, Article VII – Reserved. Section 5. 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 6. Effective Date. This Local Law shall take effect after it is filed in the Office of the Secretary of State. CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 Memorandum To: City Administration Committee From: Charter and Code Review Working Group Date: December 7, 2011 RE: Proposed Revisions to the City Charter and Code: Department Head Recruitment and Selection Procedure 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. Proposed revisions to the various parts of the Charter and Code that pertain to the recruitment and selection of department heads are being submitted to you for consideration, as follows. The purpose of these changes is to standardize the selection procedure for all City department heads (exclusive of the City Attorney, who serves at the pleasure of the Mayor), and to eliminate internal recruitment, interviewing and hiring procedures from the City Code, as this level of detail does not belong in the City Code. The proposed revisions contain several substantive changes to the current recruitment and selection procedures for department heads, as follows: 1. A selection procedure for the appointment of the Director of Information Technology is created. A procedure for filling this position has never been placed in the Charter and Code. 2. The selection procedure for the appointment of the GIAC Director becomes consistent with that used for selecting other department heads. (Also see #3, below.) 3. For the GIAC Director search procedure, a third Common Council member will be added to the search committee; this Alderperson will replace the Affirmative Action Committee representative (as the Affirmative Action Committee is defunct and has been replaced by the Workforce Diversity Advisory Committee, which will be represented on the search committee by the Director of Human Resources). This third Common Council member will be the Alderperson who serves as the Council liaison to the GIAC Board. 4. Common Council may waive the department head search procedure by a 2/3 vote; currently, the unanimous approval of Common Council is required. Memo to City Administration Committee Proposed Revisions to Charter C-26 and Related Code Sections Page 2 2 5. The search committee will be required to rank the names of the finalists that it forwards to the Mayor. Currently, the search committee can choose not to rank the candidates. These changes will bring consistency to the selection procedure for department heads and will allow for flexibility in the modification of internal hiring procedures and practices as needed. Sections of City Charter and City Code to be amended: City Charter: §C-26 City Code: §4-23.2, §90-48 through §90-53 Proposed language changes: Language to be added is in purple and bold-faced Language to be deleted is in red and stricken §C-26. Appointment of Department Heads A. Those department heads of the City listed in §C-5.C(4) of the Charter shall be appointed in accordance with the search process established in this section. B. Recruitment for vacant department head positions shall be conducted in accordance with current recruitment procedures and policies, including the Workforce Diversity Plan. C. A search committee for the vacant department head position shall be established by the Mayor, and shall be comprised of the following individuals: 1. Three (3) members of the Common Council, to be selected by the Common Council. If there is a lay board or commission that oversees the department in which the vacancy exists, the Council liaison to that board or commission shall be one of these three search committee members; 2. Three (3) members of appropriate lay boards or commissions, to be selected by those boards or commissions; a. The Mayor shall designate the appropriate lay boards or commissions. b. In light of the historical and contractual relationship between the City and the Board of Directors of the Greater Ithaca Activities Center, Inc., three members of the Board of Directors of the Greater Ithaca Activities Center, Inc., shall fulfill this role on the search committee for the Greater Ithaca Activities Center Director. Memo to City Administration Committee Proposed Revisions to Charter C-26 and Related Code Sections Page 3 3 c. In the absence of appropriate lay boards or commissions, the Mayor may appoint three other appropriate individuals, which could include a member or members of City staff, to fulfill this role. 3. One person with professional experience in the job area at issue, to be appointed by the Mayor; 4. Except when the appointment is to the position of Director of Human Resources, the Director of Human Resources, as a non-voting member. The Director of Human Resources shall facilitate the search process, and shall also serve as the representative of the Workforce Diversity Advisory Committee. 5. Other non-voting members as the Mayor deems necessary and appoints. D. The search committee shall follow and comply with all current interviewing and selection policies and procedures, as well as all local, state and federal laws, rules and regulations concerning hiring practices and procedures. E. Following candidate interviews and related selection processes, the search committee shall select a minimum of two (2) candidates as finalists, and shall forward their names in rank order to the Mayor for consideration. F. The Mayor shall either make a selection from the candidates who were forwarded by the search committee or request that the search be reopened, if appropriate. G. Following the selection of a candidate, the Mayor shall forward the candidate’s name and proposed salary to Common Council for consideration. An appointment made pursuant to this section shall be deemed to be made upon approval by a majority vote of Common Council. H. An appointment made pursuant to this section shall be for an indefinite term. I. Upon request of the Mayor, and with the affirmative vote of 2/3 of the Common Council exclusive of the Mayor, this search committee procedure may be waived and the Mayor may make an appointment directly, with the approval of Common Council by a majority vote. For the position of Greater Ithaca Activities Center Director, the affirmative vote of 2/3 of the Board of Directors of the Greater Ithaca Activities Center, Inc. shall also be required to waive this search committee procedure and to approve the direct appointment. Memo to City Administration Committee Proposed Revisions to Charter C-26 and Related Code Sections Page 4 4 Language to be deleted and replaced with above new §C-26 of City Charter: §C-26 of City Charter 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, 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. 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. §4-23.2 of the City Code: Appointment procedure (GIAC Director). A. The Director shall be appointed by the Mayor and confirmed by Common Council. B. The recruitment and selection procedure shall be in accordance with the procedure set forth herein. However, upon the request of the Mayor and with the unanimous approval of Common Council and the Greater Ithaca Activities Center, Inc. Board of Directors, the search procedure set forth herein shall be waived, and the Mayor shall make the appointment directly. C. 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 members of the Board of Directors of the Greater Ithaca Activities Center, Inc., a not-for-profit corporation, selected by the Board. (b) Two members of Common Council, selected by Common Council. (c) A member of the City's Affirmative Action Committee, selected by the Affirmative Action Committee. (d) One person with professional experience in the job area at issue, to be appointed by the Mayor. Memo to City Administration Committee Proposed Revisions to Charter C-26 and Related Code Sections Page 5 5 (e) The Director of Human Resources, as a nonvoting member. (2) Upon the formation of the Committee, the Mayor shall notify the Human Resources Department of the composition of the Search Committee. (3) The Search Committee shall comply with all local, state and federal laws, rules and regulations concerning hiring practices and procedures. (4) Upon the receipt of a resume, the Human Resources Department shall send a blind equal employment opportunity questionnaire to the applicant. The equal employment opportunity questionnaire shall be used for statistical purposes only and shall not contain any information which can be used to identify the candidate. (5) Upon the return of the EEO questionnaire, the Human Resources Department shall establish a profile of the applicant pool with respect to sex, race, age, handicapped status and veteran status. (6) The Human Resources Department shall review all applications and resumes received for the position against the established position qualifications, and prepare a summary of the credentials of the qualified candidates. D. Selection of candidates for interviews. (1) The Human Resources Department shall organize the initial Search Committee meeting. The Human Resources Department shall supply each Search Committee member with the summary of candidate credentials, copies of all approved applications and a copy of the applicant pool profile prior to the initial meeting. The Search Committee members shall independently review the above information prior to meeting and shall bring their comments and recommendations on the candidates pool to the initial meeting. (2) At its initial meeting, the Search Committee shall review the applicant pool profile and determine whether it is necessary to seek further applicants. If a decision to readvertise is made, it shall be made in consultation with the Mayor. If the Search Committee determines that the applicant pool profile reflects an adequate recruitment effort, the Committee shall select an appropriate number of candidates for interviews. (3) Prior to conducting the interviews, the Search Committee shall, in consultation with the Mayor, determine the qualities being sought for the position and establish the criteria which shall be used to evaluate the candidates. Once these criteria have been determined, the Search Committee shall develop questions designed to elicit responses which can be used to evaluate candidates against the criteria. Memo to City Administration Committee Proposed Revisions to Charter C-26 and Related Code Sections Page 6 6 E. Interview process. The interview process set forth in § 90-50 of the Ithaca City Code shall be followed. F. Committee recommendations. (1) Following the candidate interviews, the Search Committee shall discuss and evaluate the candidates. The Search Committee may request that the Human Resources Department solicit candidate references prior to making recommendations to the Mayor. (2) After discussion and evaluation, the Committee shall choose up to three qualified and eligible candidates. The Committee may arrange for interview of these candidates by the Board of Directors of the Greater Ithaca Activities Center, Inc. and the public. After such interviews, if conducted, the Committee may adjust its selection of qualified candidates. (3) The names of candidates selected by the Committee shall be forwarded to the Mayor for consideration, with comments in support of each recommendation. Five out of seven Committee members must support the recommendation of each candidate to the Mayor for consideration. (4) It shall be the decision of the Search Committee as to whether the names recommended to the Mayor are or are not ranked. (5) At the request of the Search Committee, the Human Resources Department shall prepare the Committee's recommendations and forward them to the Mayor. G. Selection by Mayor. The Mayor shall select a candidate in accordance with the provisions set forth in § 90-52 of the Ithaca City Code. §90-48 through §90-53 of the City Code: Recruitment and Selection Procedure for Department Heads and Managerial Personnel §90-48. Recruitment. A. 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 members of the appropriate overseeing lay board or commission, if any, to be selected by that board or commission. (b) Three members of the Common Council, to be selected by the Common Council. Memo to City Administration Committee Proposed Revisions to Charter C-26 and Related Code Sections Page 7 7 (c) One 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 Director of Human Resources, except when the appointment is to the position of Director of Human Resources, as a nonvoting member. (e) other nonvoting 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 Human Resources 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. B. Upon the receipt of a resume, the Human Resources Department shall send a blind equal employment opportunity questionnaire to the applicant. The equal employment opportunity questionnaire shall be used for statistical purposes only and shall not contain any information which can be used to identify the candidate. C. Upon the return of the EEO questionnaire, the Human Resources Department shall establish a profile of the applicant pool with respect to sex, race, age, handicapped status and veteran status. D. The Human Resources Department shall review all applications and resumes received for the position against the established position qualifications. The Human Resources Department shall then prepare a summary of the credentials of the qualified candidates. §90-49. Search committee; selection of candidates for interviews. A. A Search Committee for the vacant position shall be established by the Mayor, pursuant to § C-26 of the City Charter. The Mayor shall then notify the Human Resources Department of the composition of the Search Committee. B. Following the closing date for the submission of applications, the Human Resources Department shall organize the initial Search Committee meeting. The Human Resources Department shall supply each Search Committee member with the summary of candidate credentials, copies of all approved applications and a copy of the applicant pool profile prior to the initial meeting. The Search Committee members shall independently review the above information prior to meeting and shall bring their comments and recommendations on the candidates pool to the initial meeting. Memo to City Administration Committee Proposed Revisions to Charter C-26 and Related Code Sections Page 8 8 C. At its initial meeting, the Search Committee shall review the applicant pool profile and determine whether it is necessary to readvertise the position. (1) If a decision to readvertise is made, it shall be made in consultation with the Mayor. (2) If the Search Committee determines that the applicant pool profile reflects an adequate recruitment effort, the Committee shall select an appropriate number of candidates for interviews. D. Prior to conducting the interviews, the Search Committee shall, in consultation with the Mayor, determine the qualities being sought for the position and establish the criteria which shall be used to evaluate the candidates. Once these criteria have been determined, the Search Committee shall develop questions designed to elicit responses which can be used to evaluate candidates against the criteria. §90-50. Interview Process. A. The Human Resources Department shall schedule interviews with the candidates selected by the Search Committee. Approximately one hour shall be reserved for each interview. B. Prior to the interviews, the Human Resources Department shall prepare an informational packet for each Search Committee member. Said packets shall contain copies of the applications, copies of the interview questions, candidate evaluation sheets, the position job description, relevant salary and benefit information and relevant information pertaining to the department involved, its organization, its staffing and its responsibilities. The Human Resources Department shall also include an informational sheet regarding questions which are prohibited under the New York State Human Rights Law. An information packet shall also be prepared for the Mayor, and the Human Resources Department shall invite the Mayor to attend the Search Committee interviews. C. During the interviews, the Search Committee will attempt to ask similar questions of all candidates so that all candidates are judged by the same standards. It is understood, however, that different follow-up questions will probably be necessitated by the various candidate responses. D. Reasonable travel and interview expenses shall be paid to candidates upon the submission of a City voucher. All efforts shall be made for candidates to use the least-expensive mode of transportation to Ithaca and to avoid the need for lodging expenses unless candidates reside more than four hours from Ithaca. Memo to City Administration Committee Proposed Revisions to Charter C-26 and Related Code Sections Page 9 9 E. Throughout the search process, the Human Resources Department shall keep candidates apprised of the status of the search. §90-51. Committee recommendations. A. Following the candidate interviews, the Search Committee shall discuss and evaluate the candidates. The Search Committee may request that the Human Resources Department solicit candidate references prior to making recommendations to the Mayor. After discussion and evaluations, the Committee shall choose the top three qualified and eligible candidates and forward their names to the Mayor for consideration, with comments in support of each recommendation. B. It shall be the decision of the Search Committee as to whether the names recommended to the Mayor are or are not ranked. C. At the request of the search committee, the Human Resources Department shall prepare the Committee's recommendations and forward them to the Mayor. §90-52. Selection by Mayor. A. The Mayor may conduct interviews with one or more of the candidates recommended by the Search Committee at his/her discretion. B. The Mayor shall make the appointment from the list of three names with the consent of the Common Council. C. Following the selection of a candidate, the Mayor shall notify the Common Council and the Search Committee of his/her selection and shall forward his/her salary recommendations to the Budget and Administration Committee for its review. D. It shall be the decision of the Mayor as to whether a public announcement of the selection shall be made prior to or following the official appointment of the candidate. E. Once the Mayor has offered the position to a candidate and the candidate has accepted the position but prior to the public announcement of the selection, the Mayor shall direct the Human Resources Department to notify all remaining candidates that a selection has been made. § 90-53 Affirmative action. The City's affirmative action policies will apply in all stages throughout this process. The proposed local law that would implement these changes is 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\12-19 CA Agenda.doc 12/19/11 12. Finance/Controller’s Office .1 Amendment to the Purchasing Policy to Incorporate Environmentally Preferable Purchasing Guidelines WHEREAS, the City of Ithaca recognizes its responsibility to protect human health and the environment while supporting a diverse, equitable, and vibrant community and economy, and WHEREAS, the City recognizes that the products and services it purchases create social, human health, environmental, and economic impacts, and that the procurement decisions should reflect the City’s ongoing commitment to sustainability, and WHEREAS, the U.S. Environmental Protection Agency has determined that 37% of greenhouse gas emissions can be attributed to the provision and use of products and packaging, and that reducing consumption and the emissions associated with products the City procures will significantly reduce climate change impacts, and WHEREAS, the City makes significant purchases of goods and services annually and can use this buying power to influence markets to create sustainable products and services and support green jobs, and WHEREAS, including consideration of the entire lifecycle of a product or service in determining its environmental impacts and total cost creates a more robust decision-making process and encourages more efficient services and better product design and manufacturing, and WHEREAS, environmentally preferable purchasing promotes practices that improve human and environmental health; protect and conserve natural resources, water and energy; and minimize the City’s contribution to climate change, pollution, and solid waste, and WHEREAS, the adoption of environmentally preferable purchasing will further advance the City’s environmental goals and commitments, including its Local Action Plan and Climate Smart Community Pledge, and WHEREAS, for all the reasons stated above, the City is desirous of amending the existing Purchasing Policy to incorporate Environmentally Preferable Purchasing guidelines; now, therefore be it RESOLVED, That the Common Council hereby approves amending the Purchasing Policy to include the Environmentally Preferable Purchasing guidelines and requirements. 1 SUBJECT: City of Ithaca Purchasing Policy EFFECTIVE: January 7, 1976 REVISED: April 21, 1981 December 22, 1993 April, 1998 PROCUREMENT POLICY FOR THE CITY OF ITHACA 1. Public purchasing has two central purposes; protection of public financial resources by obtaining the best work, service or product for the lowest possible price, and the prevention of favoritism, improvidence, fraud and corruption in awarding public contracts to the lowest responsible bidder. We need to foster competition, assure the prudent and economical use of public moneys, and adhere to Sections 103 and 104 of the General Municipal Law. [1]2. The City Controller’s Office (or designee) shall be responsible for developing and administering a centralized purchasing system and procedure to make provisions for all purchases, sale, lease, rental and servicing of materials, supplies, equipment and services for all City departments and agencies of City government pursuant to and in compliance with all the applicable provisions of laws and regulations. [2]3. Every purchase to be made must be initially reviewed to determine whether it is a purchase contract or a public works contract. The definitions of a Purchase Contract and a Public Works Contract are as follows: A. Purchase Contract - Involves the acquisition of commodities, materials, supplies or equipment. B. Public Works Contract – Involves the purchase of services, labor, or construction. When a contract involves both elements of a purchase contract and a public work contract, it must be reviewed to determine which type of contract it is. As a general rule, if the contract involves a substantial amount of services such that it is the focal point, and the acquisition of goods is incidental, it will be considered a contract for public work. Conversely, if services or labor are only minimal or incidental to the acquisition of goods, it will be considered a purchase contract. Once that determination is made, a good-faith effort will be made to determine whether it is known, or can be reasonably expected, that the aggregate amount to be spent on the item of supply or service is not subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent in a year. The following items are not subject to competitive bidding pursuant to Section 103 of the General Municipal Law: purchase contracts under $20,000 and public works contracts under $35,000; emergency purchases; sole source purchases; goods purchased from correctional institutions; purchases from agencies for the blind and severely handicapped; purchases under State and County contracts; leases; and second-hand purchases from another government entity. Definitions for Exceptions to Bidding Emergency An emergency exists wherein the delay caused by soliciting quotes or bids would endanger the health, welfare or property of the City, or more important the individual taxpayer. Professional Services Contracts which require professional methods, skill, character, or standards fall into the professional service contract category. Many of these professional services require a state license to practice, or may be creative or specialized in nature. Mandated Sources Sources include the Department of Correction, Industries for the Blind of New York State, and the N.Y.S. Industries for the Disabled. 2 Sole Source When there is only one possible source from which to procure goods and/or services, thus indicating there is no possibility of competition, the following will be shown: 1. Unique benefits of item needed; 2. No other product/service can compare; 3. Cost is reasonable as compared to product offered; 4. There is no competition available. State/County Contracts The City can purchase from New York State Contracts. The contract must have the applicable P#. The City can purchase from County contracts if county has passed appropriate resolution stating availability to local municipalities. Leases Prices will be negotiated between the City of Ithaca and the lessor. The decision that a purchase is not subject to competitive bidding will be documented, in writing, by the individual making the purchase. This documentation may include: written or verbal quotes from vendors; a memo from the purchaser indicating how the decision was reached; a copy of the contract indicating the source which makes the item or service exempt; a memo from the purchaser detailing the circumstances which led to an emergency purchase; or any other written documentation which is appropriate. [3]4. The City shall purchase materials, supplies, equipment and services as required, at the best possible price, and maintain the appropriate documentation for the purchase as follows: A. Purchases will be secured by use of written requests for proposals, written quotations, verbal quotations, or any other method that assures that goods and services will be purchased at the lowest reasonable price, and that favoritism will be avoided. B. Proper written documentation (acceptable to the Controller’s Office) by the individual making the purchase will be required whenever a contract is awarded to other than the lowest responsible vendor. This documentation will include an explanation of how the award will achieve savings, is an environmentally preferable alternative, or how the vendor was not responsible. [4]5. Purchase contracts for materials, supplies and equipment, involving an estimated annual expenditure in excess of $20,000 and public works contracts in excess of $35,000 shall be awarded only after public advertising soliciting formal bids pursuant to Section 103 of the General Municipal Law. [5]6. Purchases shall be made, to the extent practicable, through: available New York State contracts of the Office of General Services, Division of Standards and Purchase; Department of Correctional Services; New York State Industries for the Disabled; Industries for the Blind of New York State; and surplus and second-hand purchases from another governmental entity, whenever such purchases are in the best interest of the City. The above manuals are retained in the Controller’s Office for review. The State Contracts can be obtained on the New York State Website at the following address: http//www.ogs.state.ny.us. Click on Procurement Services; click on Search State Contract Award notices, and look up information by using key word search or contract group number. [6]7. The City Controller’s Office or designee shall be responsible for all required public advertising and competitive bidding; shall conduct all bid solicitations and openings; and secure the recommendations for awarding contracts from the appropriate official. 3 [7]8. Opportunity shall be provided to all responsible suppliers to do business with the City. To this end, the City Controller’s Office or designee shall develop and maintain lists of potential suppliers (bidders list) for various types of materials, supplies, equipment, and services. Lists shall include and highlight all environmentally responsible suppliers, as referred to in Section [XXX] of this policy. Such lists shall be used to develop mailing lists of potential suppliers and for distribution of specifications, drawings, and invitations to bid. Any supplier may be included in the list upon request. [8]9. When soliciting bids, a statement of “Information to Bidders” shall be included with all specifications submitted to suppliers. The information to bidders shall be incorporated in all contracts awarded for the purchase of materials, supplies, equipment, and services. The statement shall assist bidders with general information included in the bid. [9]10. All contracts which require public advertising and competitive bidding shall be awarded as provided by State law and consistent with policies and procedures of the City attached hereafter. Recommendation for awarding contracts shall be submitted by the appropriate official. [10]11. The Deputy City Controller, in conjunction with the purchasing agent, shall establish a procedure for maintaining an up-to-date property and inventory record of all equipment, except expendables, held by the City and for the disposal of obsolete surplus or non-movable materials, supplies, and equipment. [11]12. The City Controller’s Office or designee shall only authorize purchase orders after first determining that unencumbered balances of budgetary appropriations are adequate to cover such obligations. All bills shall include a copy of the purchase order upon payment. [12]13. No official or employee of the City shall be interested financially in any purchase or contract secured by the City. This also precludes acceptance of gratuities, financial or otherwise, by the above persons, from any supplier of materials, supplies, equipment, or services to the City. [13]14. The City Controller’s Office or designee shall develop a procedure for review of procurement practices or activities upon receipt of an inquiry or allegation of violation of this policy following its adoption. [14]15. “Buy Local Policy” – On March 7, 1979 the Common Council passed the following resolution regarding a “buy local” policy: RESOLVED, That this Common Council establishes the policy that all City agencies and departments will purchase supplies, materials, and equipment within the City of Ithaca pending availability of comparable quality and price. [15]16. To the extent possible, the City of Ithaca will encourage contracts with minorities and women-owned businesses, and the City will not discriminate against contractors because of race, creed, color, national origin, sex, age, disability, or marital status, or sexual or affectional preference and will continue existing programs of affirmative action to ensure that minorities are afforded equal opportunities without discrimination. 4 [17?] ENVIRONMENTALLY PREFERABLE PURCHASING: It is the policy of the City of Ithaca to require purchase of products and services that minimize environmental and health impacts, toxics, pollution, and hazards to worker and community safety and to the larger global community to the greatest extent practicable; however It is not the intent of this policy to require a department, buyer or contractor to take any action that conflict with local, state or federal requirements or to procure products that do not perform adequately for their intended use, exclude adequate competition, or are not available at a reasonable price in a reasonable period of time. Environmentally Preferable Purchasing (EPP) is an important component of this policy, effective January 5, 2012, and shall guide City efforts to meet the following goals: • minimizing health risks to City staff and residents, • minimizing the City’s contribution to global climate change, • improving air quality, • protecting the quality of ground and surface waters, and • minimizing the City’s consumption of resources. Further, Environmentally Preferable Purchasing is adopted and encouraged by the City in order to: • purchase products that include recycled content in order to support strong recycling markets, • institute practices that reduce waste by increasing product efficiency and effectiveness, use products that are durable and long-lasting, and reduce materials that are landfilled, • purchase products and institute practices that conserve energy and water, use agricultural fibers and residues, reduce greenhouse gas emissions, use unbleached or chlorine free manufacturing processes, and use recycled wood and wood from sustainably harvested forests, • purchase energy from renewable or green sources in preference to fossil fuels, • increase the use and availability of environmentally preferable products, services and distribution systems, • support emerging and established manufacturers and vendors that reduce environmental and human health impacts in their services and production and distribution systems, and • create a model for successfully purchasing environmentally preferable products and services that encourages other buyers and consumers in our community to adopt similar goals. 17.1 Specifications for Environmentally Preferable Purchasing A. Source Reduction: The City of Ithaca shall institute practices that reduce waste and result in the purchase of fewer products whenever practicable and cost-effective, but without reducing safety or workplace quality. City departments shall purchase remanufactured products (i.e. for equipment and vehicles) whenever practicable, but without reducing safety, quality or effectiveness. Products that are durable, long lasting, reusable, refillable, recyclable or otherwise create less waste shall be selected whenever practicable. Vendors shall be required to minimize packaging to the greatest extent practicable. Packaging that is reusable, recyclable or compostable shall be selected when suitable uses and programs exist. The City shall not purchase any polystyrene foam food packaging. Vendors shall be required whenever possible to take back and reuse pallets and packaging materials. Suppliers of electronic equipment shall be required to take back equipment for reuse or environmentally safe recycling when the 5 City discards or replaces such equipment, unless the City deems it worthwhile to send the equipment to a non-profit organization for reuse. ALL documents shall be printed and copied on both sides to reduce the use and purchase of paper, unless needed to be single sided as per legal requirements. The Information Technology staff shall provide guidance to City departments and staff for setting duplexing as the default on each workstation, when feasible, or train employees to use this option, for all capable printers. B. Toxics Reduction and Pollution Prevention: City departments shall purchase energy-efficient products and consider "less toxic alternatives" when purchasing products such as cleaning products, pesticides and herbicides. To the maximum extent practicable, all cleaning or disinfecting products (i.e. for janitorial or automotive use) shall (i) meet Green Seal Standards for environmental preferability and performance, (ii) be products delineated on the NYS OGS Green Cleaning Product List, or (iii) meet NYS OGS guidelines and specifications for green cleaning products. When contracting with new supply vendors, the City shall encourage training of its custodial staff. Purchasing products containing persistent bioaccumulative toxic chemicals (PBTs) shall be avoided, where alternatives exist. When maintaining buildings and landscapes, the City shall manage pest problems through prevention and physical, mechanical and biological controls and use least toxic chemical pesticide products only after safer approaches or products have been determined to be ineffective. When maintaining buildings, the City shall use products with the lowest amount of volatile organic compounds (VOCs), highest recycled content, and low or no formaldehyde when purchasing materials such as paint, carpeting, flooring, adhesives, furniture and casework. The City shall purchase products and equipment with no lead, cadmium or mercury whenever practicable. For products that must contain lead or mercury because no suitable alternative exists, preference shall be given to those products with the lowest quantities of these metals and to vendors with established lead, cadmium and mercury recovery programs. The purchase of pentachlorophenol, arsenic and creosote treated wood shall be avoided whenever practicable. When replacing vehicles, the City shall lease or purchase only the most fuel- efficient models available that are suitable for each task and through carsharing and carpooling, shall minimize the number of vehicles purchased, as referred to in the “Green Policy for the City of Ithaca Fleet”. To the extent practicable, the City shall use renewably-derived fuels or fuels that are cleaner and less-polluting than gasoline and conventional diesel fuel, including biodiesel, natural gas and electricity. C. Recycled Content Products: It is the policy of the City to purchase and use recycled products to the extent that such use does not negatively impact health, safety, or operational efficiency. A 10% price preference may be given to recycled content products based on the lowest bid or price quoted by the suppliers offering the competing non-recycled content products. All products purchased for which the United States Environmental Protection Agency (U.S. EPA) has established minimum recycled content standard guidelines shall contain the highest postconsumer content practicable, but no less than the minimum recycled content standard. These guidelines can be obtained at the U.S. EPA Website at the following address: http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm 6 Copiers and printers purchased shall be compatible with the use of recycled content and remanufactured products. City departments will favorably consider the selection of other recycled content and renewable materials, products and supplies over their non- recycled content and non-renewable alternatives whenever availability, fitness, operational efficiency, quality, safety, and price are equally acceptable. The list of materials, products and supplies shall include, but not be limited to, business office products, compost, fuels, mulch, asphalt, transportation products (e.g. signs, cones, delineators, and barricades), and other items. All pre-printed recycled content papers intended for distribution that are purchased or produced shall contain a statement that the paper has recycled content. Whenever feasible, the statement should indicate the percentage of postconsumer recycled content it contains. D. Energy and Water Savings: All products purchased by the City and for which the U. S. EPA Energy Star certification is available shall meet Energy Star certification. When Energy Star labels are not available, products shall meet or exceed the Federal Energy Management Program (FEMP) recommended levels, available at: http://www1.eere.energy.gov/femp/procurement/eep_modellang.html New and replacement equipment for lighting, heating, ventilation, refrigeration and air conditioning systems, water consuming fixtures and processing equipment, and all other related components shall meet or exceed FEMP recommended levels whenever practicable. When energy is purchased, renewable or green sources are preferred. These include wind power, solar thermal, photovoltaics, geothermal, sustainably managed biomass, methane waste and hydroelectric energy sources, and do not include fossil fuels (coal, oil or natural gas). On an annual basis, the City will review its energy requirements and to the extent practicable will consider purchasing from renewable sources at the greatest percentage possible. Energy Star and power-saving features for copiers, computers, monitors, printers and other office equipment shall be enabled during the initial installation and shall remain enabled unless these features conflict with the manufacturer’s recommended operation and maintenance of the equipment, or its specific operational use. E. Landscaping: All landscape renovations, construction and maintenance by the City, including workers and contractors providing landscaping services for the City, shall employ sustainable landscape management techniques for design, construction and maintenance whenever possible, including, but not limited to, integrated pest management, grasscycling, drip irrigation, composting, and procurement and use of mulch and compost that give preference to those produced from regionally generated plant debris and/or food waste programs. Plants should be selected to minimize waste by choosing species for purchase that are appropriate to the microclimate, species that can grow to their natural size in the space allotted them, and perennials rather than annuals for color. Native and drought-tolerant plants that require no or minimal watering once established are preferred. Hardscapes and landscape structures constructed of recycled content materials are encouraged. The City shall limit the amount of impervious surfaces in the landscape, wherever practicable. Permeable substitutes, such as permeable asphalt or pavers, are encouraged for walkways, patios and driveways. When available, the City shall purchase landscaping equipment that is not dependent on the use of fossil fuels. 7 F. Forest Conservation: To the greatest extent practicable, the City shall not procure wood products such as lumber and paper that originate from forests harvested in an environmentally unsustainable manner. When practicable, the City shall give preference to wood and wood products that are certified to be sustainably harvested by a comprehensive, performance-based certification system. The certification system shall include independent third-party audits, with standards equivalent to, or stricter than, those of the Forest Stewardship Council certification. 17.2 Implementation Department heads shall implement EPP practices, in accordance with this section of the policy, in coordination with the Controller’s Office and other appropriate City personnel. Whenever possible, the City will use recognized eco-labels and standards to make purchasing decisions. Wherever feasible and appropriate, life cycle cost analysis should be used by City departments and staff to assist in selecting products and services. "Cost" shall be calculated over the life of the item and should consider initial acquisition costs, useful life, costs of maintenance and operation over the useful life, and costs of disposal and/or replacement at the end of the useful life, rather than initial acquisition costs alone. Although not the lowest proposal or price quoted by suppliers, City departments and staff may nonetheless purchase a product that adheres to the EPP specifications stated in this Section, as long as there is prudent and economical use of public moneys in the best interests of City taxpayers. Such determination of "best interests" may include full consideration and comparison of product life cycle costs (including product maintenance, operation and disposal costs), as described above. A further consideration may include direct and identifiable benefits to taxpayers, other than product cost (for example, the cost of permeable pavers might exceed the cost of asphalt paving, yet the use of permeable pavers could mitigate storm water run-off and reduce the potential for flooding and infrastructure damage in low-lying areas). Justification for a determination of "best interests" shall be documented by City departments and staff. Successful vendors or bidders shall certify in writing that the environmental attributes claimed in bids or price quotes are accurate. Vendor contracts shall be negotiated in light of the requirements of this policy. If a vendor that is under contract to the City of Ithaca is no longer able to provide a product that meets the City’s environmentally preferable specifications, it shall notify the appropriate city representative and provide written justification for why compliance is not practical. Prior written consent from an authorized City representative shall be required before substituting any alternative product or service. Training of buyers and other relevant city staff, vendors, contractors and grantees shall include instruction on the environmentally preferable purchasing requirements of the Policy. The DPW Stock Room has made significant efforts to implement an environmentally preferable or green purchasing program for most cleaning and janitorial products supply. All City departments are encouraged to order and purchase such products through the Stock Room, to the extent practicable.