Loading...
HomeMy WebLinkAbout4-27-11 City Administration Committee Meeting AgendaCITY ADMINISTRATION COMMITTEE Wednesday, April 27, 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 Plan Report – Chamberlain’s Office – To be rescheduled Attorney’s Office - May Information Technology - June Clerk’s Office - July Police Department - August 11. Youth Bureau 11.1 Request to Amend 2011 Youth Bureau Budget & Roster - Resolution 12. Department of Public Works 12.1 Request to Increase Budget Authorization for the Ithaca City Court Renovation – Resolution 13. Human Resources 13.1 Proposed language Changes Regarding Designation and Appointment of City Officers 13.2 Proposed language Changes Regarding Structure of Finance Department 13.3 Proposed language Changes Regarding Basic Authorities of Department Heads and Deputies 13.4 Director’s Report 14. Finance/Controller’s Office 14.1 Controller’s Report 15. Reports 15.1 Mayor’s Report 15.2 Sub-Committee Updates 15.3 Council Members’ Announcements 15.4 Next Month’s Meeting: May 25, 2011 J:\DRedsicker\AGENDAS\City Admin Comm\2011\4-27 CA Agenda.doc 4/27/11 11. Youth Bureau 1. Request to Amend 2011 Youth Bureau Budget & Roster WHEREAS, the Youth Program Assistant position was created in 2005 as a training position to allow promising job recruits an opportunity to grow into a Youth Program Leader Position, and WHEREAS, a Youth Bureau employee has done an exemplary job as a Youth Program Assistant and is qualified to become a Youth Program Leader, and WHEREAS it is fiscally prudent for the City to ensure that all employees are working to their maximum capacity, and WHEREAS, there is a need for the said employee to carry out the duties of the Youth Program Leader position, WHEREAS, the employee is already in a full-time roster position and therefore no significant increase in fringe benefits will be incurred; now, therefore be it RESOLVE, That Common Council hereby amends the 2011 Youth Bureau budget as follows: Increase A7310-5110-01201 Salary $5,506 A7310 Employee Benefits $1,100 Decrease A7310-5120-01240 Part-time Hourly $3.303 A1990 Unrestricted Contingency $3,303 and be it further RESOLVED, That the Personnel Roster of the Youth Bureau be amended as follows: Add: Youth Program Leader (35 hour per week) – Grade 12 and be it further RESOLVED, That the position of Youth Program Leader shall be filled by promotion and that the position of the Youth Program Assistant vacated by the promotion shall be retained in a vacant, unfunded capacity as long as the Youth Program Leader is filled. Ithaca Youth Bureau 1 James L. Gibbs Drive Ithaca, New York 14850 Phone: (607) 273-8364 Fax: (607) 273-2817 “Building a foundation for a lifetime.” TO: City Administration Committee FROM: Karen Friedeborn, Youth Program Administrator RE: Youth Bureau Roster/ Budget Amendment DATE: April 8, 2011 The attached resolution is a request to promote Amanda Melendez from a Youth Program Assistant to a Youth Program Leader. Amanda Melendez, a successful alumna of the Paul Schreurs Memorial Program, was hired as a Program Assistant for the program in September 2007. She has excelled in her job and has demonstrated that she is fully capable of all that is demanded of a Youth Program Leader. The position was changed from a Youth Program Leader position to a Youth Program Assistant position (a training position) to give promising job recruits who do not initially meet all civil service qualifications a chance to grow in the job and be promoted to Youth Program Leader. Amanda exemplifies the type of employee we seek to promote in this fashion. Promoting Amanda to a Youth Program Leader position will allow her to function to her full capacity, taking responsibility for tasks that she is prohibited from doing in her current position. We would like to amend the Youth Bureau roster to add a full time Youth Program Leader position and freeze the Youth Program Assistant position. The anticipated cost increase is $5,506. We are able to cover 50% of the cost ($2,753) through fundraising activities. “An Equal Opportunity Employer with a commitment to workforce diversification.” J:\DRedsicker\AGENDAS\City Admin Comm\2011\4-27 CA Agenda.doc 4/27/11 12. Department of Public Works .1 Request to Increase Budget Authorization for the Ithaca City Court Renovation WHEREAS, Capital Projects 747 and 748 were established in 2009 in the amounts of $460,000 and $285,000 respectively for the preparation of plans and specifications and construction of renovations to heating, ventilation, air conditioning and the window wall for the Ithaca City Court building, and WHEREAS, bids were opened on March 29, 2011, and WHEREAS, the total project budget is projected to exceed the authorized budget by $102,853, now therefore be it RESOLVED, That Common Council approves the authorizations for Capital Project 747 to be increased by $63,769 and Capital Project 748 to be increased by $39,084. To: Board of Public Works From: Tom West, Assistant City Engineer Date: March 30, 2011 Re: Capital Project 747 / 748 – City Court Renovations – Budget Adjustment This is a recommendation to increase the budget authorization for capital projects 747 / 748 from $745,000 to $848,000. On March 29, 2011 bids were opened for renovations to the City Court. The original scope of work included modifications to the heating, ventilation and air conditioning system as well as renovations to the leaky window wall. During the design process the consultant was asked to evaluate the roof of the building since it is two to three years beyond its warranty. Our budget authorization, established in 2008, is $745,000. This includes $95,000 for plans and specifications and $650,000 for construction. As shown in the following table our total projected budget is $847,852. This includes plans and specifications, $104,968, contract administration, $27,750, construction contracts, $656,062, moving and storage, $7,500, contingency, $33,178, finance and miscellaneous expenses, $18,395. The project requires an additional $102,853. The budgeted contingency is shown as 5%, $33,178. This is unusually low because the construction contract prices include $70,000 in allowances for unforeseen expenses. An equivalent contingency is approximately 15%. The finance costs are also somewhat lower than usual because the borrowing has already been locked in at a lower rate. Approximately 25% of the overall costs will be reimbursed by the Office of Court Administration. Up to 100% of costs associated with security improvements will be reimbursed by the OCA; we will know the breakdown upon award of contract. The add-alternate of $136,252 for roof replacement is not recommended at this time. Upon authorization of additional funding I recommend award of contracts to the low bidders as shown on the accompanying bid tabulation. If you have questions or require further documentation please contact me at tomw@cityofithaca.org or 327-0710. BU D G E T CI T Y C O U R T C P # 7 4 7 / 7 4 8 T W W 3 / 3 0 / 2 0 1 1 Po s t - B i d C o m m i t t e d C o m m i t t m e n t s C o m m i t t m e n t s Bu d g e t E x p e n d e d R e m a i n i n g PR O F E S S I O N A L S E R V I C E S Ar c h i t e c t - P l a n s & S p e c s $ 9 5 , 0 0 0 . 0 0 $ 1 0 4 , 9 6 8 . 0 0 $ 7 9 , 7 35 . 3 4 $ 2 5 , 2 3 3 Ar c h i t e c t - C o n t r a c t A d m i n $ 0 . 0 0 $ 2 7 , 7 5 0 . 0 0 $ 0 . 0 0 $ 2 7 , 7 50 Te s t i n g $0 . 0 0 $ 0 . 0 0 $ 0 . 0 0 $ 0 Co n t i n g e n c y $0 $ 0 $9 5 , 0 0 0 $ 1 3 2 , 7 1 8 $ 7 9 , 7 3 5 $ 5 2 , 9 8 3 $ 1 3 2 , 7 1 8 . 0 0 CO N S T R U C T I O N C O N T R A C T S Mc P h e r s o n B u i l d e r s $ 6 5 0 , 0 0 0 . 0 0 $ 4 5 3 , 5 4 7 $ 0 $ 4 5 3 , 5 4 7 Cl i m a t e C o n t r o l $ 0 . 0 0 $ 7 4 , 7 9 0 $ 0 $ 7 4 , 7 9 0 Pa n k o E l e c t r i c $ 0 . 0 0 $ 1 2 7 , 7 2 5 $ 0 $ 1 2 7 , 7 2 5 Mo v i n g & S t o r a g e $ 0 . 0 0 $ 7 , 5 0 0 $ 0 $ 7 , 5 0 0 co n t i n g e n c y 5 % $ 0 . 0 0 $ 3 3 , 1 7 8 $ 0 $ 3 3 , 1 7 8 $ 3 3 , 1 7 8 . 1 0 $6 5 0 , 0 0 0 $ 6 9 6 , 7 4 0 $ 0 $ 6 9 6 , 7 4 0 IN - H O U S E Fi n a n c e 1 % $ 0 $ 8 , 3 9 5 $ 0 $ 8 , 3 9 5 Mi s c e l l a n e o u s r e i m b u r s i b l e s $ 0 $ 1 0 , 0 0 0 $ 2 , 4 3 7 $ 7 , 5 6 3 $0 $ 1 8 , 3 9 5 $ 2 , 4 3 7 $ 1 5 , 9 5 8 $ 1 8 , 3 9 4 . 5 8 TO T A L $7 4 5 , 0 0 0 $ 8 4 7 , 8 5 3 $ 8 2 , 1 7 2 $ 7 6 5 , 6 8 0 $ 8 4 7 , 8 5 3 Fu n d i n g s o u r c e CP 7 4 7 $ 4 6 0 , 0 0 0 . 0 0 CP 7 4 8 $ 2 8 5 , 0 0 0 . 0 0 To t a l F u n d i n g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7 4 5 , 0 0 0 . 0 0 To t a l C o m m i t t m e n t s e x p e n d e d a n d r e m a i n i n g + P r o p o s e d. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8 4 7 , 8 5 2 . 6 8 Re m a i n i n g f u n d s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . ($ 1 0 2 , 8 5 2 . 6 8 ) C& S En g i n e e r s pl a n s & s p e c s C& S En g i n e e r s co n t r a c t ad m i n Mc P h e r s o n Bu i l d e r s C l i m a t e C o n t r o l P a n k o E l e c t r i c Mo v i n g & St o r a g e T o t a l OR I G I N A L C O N T R A C T P R I C E $ 2 6 , 6 6 8 . 0 0 $ 2 7 , 7 5 0 . 0 0 $ 4 5 3 , 5 4 7 .0 0 $ 1 2 7 , 7 2 5 . 0 0 $ 7 4 , 7 9 0 . 0 0 $ 7 , 5 0 0 . 0 0 $ 7 1 7 , 9 8 0 . 0 0 AC C E P T E D C H A N G E O R D E R S $ 7 8 , 3 0 0 . 0 0 $ 0 . 0 0 $ 0 . 0 0 $ 0 . 0 0 $ 0 . 0 0 $ 0 . 0 0 $ 7 8 , 3 0 0 . 0 0 AM E N D E D C O N T R A C T S U M $ 1 0 4 , 9 6 8 . 0 0 $ 2 7 , 7 5 0 . 0 0 $ 4 5 3 , 5 4 7 . 0 0 $ 1 2 7 , 7 2 5 . 0 0 $ 7 4 , 7 9 0 . 0 0 $ 7 , 5 0 0 . 0 0 $ 7 9 6 , 2 8 0 . 0 0 Memorandum To: City Administration Committee From: Charter and Code Review Working Group Date: November 3, 2010 RE: Overview of Proposed Revisions to City Charter and Code: HR Topics In 2010, Mayor Peterson appointed a Charter and Code Review Working Group to review and recommend revisions to the City Charter and Municipal Code for the purpose of increasing the efficiency, effectiveness, inclusiveness and transparency of City government. The Charter and Code Review Working Group is currently reviewing and analyzing the City Charter and Code, utilizing the following concepts and goals: General structural concept: 1. The City Charter should set forth the City’s boundaries, the structure of City government, and the powers and authorities of the legislative body and City officials. 2. The Municipal Code should set forth the local laws, rules and regulations by which the City governs the community and City operations. 3. One or more companion documents should be utilized as compilations of internal policies, procedures and practices. These documents and manuals should reflect the operational details of City government. General goals: 1. Re-format the City Charter and Municipal Code in accordance with the above principles. 2. Eliminate redundant, inconsistent, contradictory and archaic language, practices and structures. 3. Update the City Charter and Municipal Code to reflect current operations and best practices. Charter and Code Revisions – HR Topics Page 2 2 Human Resources Topics One of the first challenges that the Charter and Code Review Working Group undertook was to review and organize the human resources components of the City Charter and Municipal Code. Detailed summary sheets were developed outlining the numerous areas throughout the Charter and Code in which human resources topics are scattered, as well as the redundancies, inconsistencies and, in some cases, contradictions of some of these provisions. The Working Group has reviewed the human resources topics in accordance with the above concepts and goals, and recommends that the human resources components be organized as follows: The Charter should establish the officers of the City, their legal authority, and the appointment and removal processes for City officers. Specific topics include: Designation of City Officers Powers and Authority of City Officers Appointment of City Officers Discipline and Removal of City Officers Authority to Establish Compensation (Common Council) Chapter 90 (Personnel) of the Municipal Code should contain the local laws, rules and regulations related to human resources. Current topics include: The Recruitment and Selection Process for Managerial Personnel (structure of procedure only); Residency Requirements for City Officers and Employees Grievance Procedure for Non-unionized Employees Nepotism Policy (please note that the current policy needs major revision) Defense and Indemnification of City employees – criminal proceedings Defense and Indemnification of City employees – civil actions Workforce Diversity Plan Sexual Harassment Policy Merit Award Board Diversity and Inclusion Award Other human resources topics that are currently part of the Charter and/or Code, but don’t belong in either the Charter or Code are the following: Topics already contained in or to be moved to appropriate labor contracts: Police and Fire Disability Leave (GML 207a/c) Sick Leave Parenting Leave Workers Compensation Leave Vacation Leave Charter and Code Revisions – HR Topics Page 3 3 Topics already contained in or to be moved to the Human Resources Manual: Internal Recruitment Processes Prescription Drug Cards for Retirees United Way Donations Topics already contained in or to be moved to job descriptions: Daily job duties and responsibilities of City officers and employees Topics to be deleted entirely, because they describe outdated internal practices: Transfer of Employees Policy Decisions and Points of Clarification To revise the Charter and Code as recommended above, several policy decisions and/or clarifications will have to be made by Common Council. To date, seven such decisions/clarifications have been identified and listed below. Specific recommendations of the Charter and Code Review Working Group as they relate to each point are also indicated below. 1. Appointment of City Officers – 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. The methodology of appointment should be defined for each City officer in the “Appointment of City Officers” section of the Charter (§C-5). All subsequent references to appointments in the Charter and Code should be consistent with the initial designations. [Primary references: City Charter §C-5 and §C-26; secondary references: City Charter §C-13.A, §C-14.A, §C-19, §C-20, §C-21, §C-22.B, §C-27, §C-59, §C-60, §C-98; Code §4-1.D, §4-1.E, §4-20, §4-22, §4-23.2 and Chapter 90, Article VII.] 2. Authority of Appointed Boards – The Charter and Code Review Working Group recommends the deletion of all language that grants appointed Boards the authority to appoint City officers or manage departmental staff and operations. Such references contradict other provisions of the Charter that vest these powers with the Mayor, Common Council and/or Department Heads as appropriate. [Charter references: §C-17.A(2), §C-17.A(3), §C-59, §C-60, §C-96, §C-98; Code references: §4-22] Charter and Code Revisions – HR Topics Page 4 4 3. Residency Requirements for City Attorney – The current residency requirement for the City Attorney requires the City Attorney to maintain his/her principal place of business within the City limits. However, this happens automatically when the City Attorney is appointed, as City Hall becomes the City Attorney’s principal place of business. This portion of the residency requirement is therefore meaningless. The Charter and Code Review Working Group recommends that this aspect of the residency requirement be eliminated. The remainder of the residency requirement (the City Attorney must reside within Tompkins County) would remain in place. [Charter reference: §C-13.A] 4. Department of Finance – The defined organizational structure with “co-department heads” is not currently in effect operationally and, in fact, conflicts with the general concept that the City Controller and City Chamberlain should have separate authorities so that a system of checks and balances is created and maintained. The Charter and Code Review Working Group recommends that the “Department of Finance” that is co-managed by the City Controller and City Chamberlain be eliminated and the Controller’s Office and Chamberlain’s Office be recognized as individual departments. The City Controller and City Chamberlain support this change. [Charter reference: §C-19] 5. Search Process for GIAC Director – Currently, all department heads are appointed pursuant to a process outlined in Section C-26 of the City Charter and Chapter 90, Article VII of the Municipal Code, with the exception of the GIAC Director. The search process for the GIAC Director is described in Section 4-23.2 of the Code and is almost identical to that prescribed for other department heads, with the exception that one of the seven search committee members (a Common Council representative) is replaced by a representative of the Workforce Diversity Advisory Committee. The intent of the provision was to ensure that the multicultural aspect of GIAC’s mission would be represented in the search committee composition. The Charter and Code Review Working Group believes that the search committee composition outlined for other department heads already provides an avenue for addressing this concern, simply by appointing the Common Council member who serves as the liaison to the Workforce Diversity Advisory Committee as one of the search committee members. The Charter and Code Review Working Group therefore recommends that the GIAC Director be appointed in the same manner as other department heads. [Charter references: §C-26; Code references: §4-23.2 and Chapter 90, Article VII] 6. Appointment of Law Enforcement Personnel – New Charter language adopted in 1997 authorizes the Mayor to appoint the Police Chief, with the approval of Common Council, and authorizes the Police Chief to appoint all other sworn personnel (Police Officers, Police Sergeants, Police Lieutenants, Deputy Police Chiefs). However, other sections of the Charter were not amended simultaneously, so contradictory language regarding appointment authorities exists. The Charter and Code Review Charter and Code Revisions – HR Topics Page 5 5 Working Group recommends that the contradictory language regarding appointment authorities be eliminated. [Charter references: §C-5.C(4), §C-5.C(6), §C-17.A(1), §C-26] 7. City Prosecutor – In 2003, the City Prosecutor’s Office was eliminated and prosecutorial responsibilities were reassigned to the City Attorney’s Office. This change in organizational structure is anticipated to continue indefinitely. The Charter and Code Review Working Group therefore recommends that Charter §C-14.A (City Prosecutor) be deleted and Charter §C-14.B (prosecutorial responsibilities) be incorporated into the City Attorney’s responsibilities in Charter §C-13. [Charter references: §C-13, §C-14] Two additional issues – whether the language regarding the appointment of “Special Police Officers” (Charter §C-17.B) is archaic or still relevant, and whether the provisions relating to the Plumbing Inspector (Charter §C-60) belong in the Charter – have also been identified and are still being researched. Recommendations will follow on these two topics. The above policy decisions pertain only to the human resources topics contained in the Charter and Code. As the Charter and Code Review Working Group addresses other topics, using the structural concepts and goals outlined at the beginning of this memorandum, additional recommendations will follow. J:\DRedsicker\AGENDAS\City Admin Comm\2011\4-27 CA Agenda.doc 4/27/11 Topic: Designation and Appointment of City Officers 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 Purpose of changes: 1. To consolidate all Charter and Code language governing appointments of City officers into one section. 2. To eliminate redundant, repetitive and contradictory language regarding the appointment of City officers. 3. To update titles to reflect current City officers; some historical titles are also being preserved for future use. How will these amendments help the City function more effectively: The language that identifies who the City officers are and by whom they are appointed will be centrally located. Inconsistencies, contradictions and lack of clarity regarding appointment authorities will be eliminated. 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: §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 J:\DRedsicker\AGENDAS\City Admin Comm\2011\4-27 CA Agenda.doc 4/27/11 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 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): §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. [Note: contradicts §C-5; was not updated when §C-5 was updated by referendum in 1997.] City Charter: §C-17.C: 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 J:\DRedsicker\AGENDAS\City Admin Comm\2011\4-27 CA Agenda.doc 4/27/11 duties of their office or guilty of willfully violating any of the rules and regulations of the Police Commissioners or any superior officers. [Note: contradicts §C-5 and negotiated provisions of PBA labor contract.] City Charter: §C-20.A: 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. [Note: both redundant and contradictory to §C-5] City Charter: §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. [Note: both redundant and contradictory to §C-5] City Charter: §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 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. [Note: redundant] City Charter: §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 J:\DRedsicker\AGENDAS\City Admin Comm\2011\4-27 CA Agenda.doc 4/27/11 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. [Note: redundant] City Charter: §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. [Note: redundant] City Code: §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: [Note: redundant language; incorrect title] City Code: §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: [Note: redundant ] J:\DRedsicker\AGENDAS\City Admin Comm\2011\4-27 CA Agenda.doc 4/27/11 Topic: Structure of Finance Department Section of City Charter to be amended: §C-19 Purpose of changes: 4. To amend the Charter to reflect the current organizational structure and operational practices of the City Controller’s Office and City Chamberlain’s Office. 5. 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. How will these amendments help the City function more effectively: The City Charter will reflect the desired organizational structure for the delegation of financial authorities and responsibilities, and will formally establish a clear system of checks and balances for City financial operations. 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. J:\DRedsicker\AGENDAS\City Admin Comm\2011\4-27 CA Agenda.doc 4/27/11 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. 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.) J:\DRedsicker\AGENDAS\City Admin Comm\2011\4-27 CA Agenda.doc 4/27/11 Topic: Basic/General Authorities of Department Heads and Deputies Section of City Charter to be amended: §C-22 Purpose of changes: To consolidate the basic/general 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 listing of the day-to-day duties of these positions in the Charter and Code. Such day-to-day duties and responsibilities will be detailed in the respective job descriptions. Only those legal authorities that must be delegated by Common Council to the department heads and deputies will be contained in the Charter. How will these amendments help the City function more effectively: The 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. 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. J:\DRedsicker\AGENDAS\City Admin Comm\2011\4-27 CA Agenda.doc 4/27/11 A. 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): 1. To appoint, discipline and remove as necessary, all subordinate officers and employees of their respective departments; 2. To direct and supervise the work of the officers and employees of their respective departments; 3. 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; 4. To exercise all powers and carry out all responsibilities vested in the office which the department head holds, on behalf of the City; 5. 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; 6. 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.