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03/28/2006 Ordinances 9036 I I ;'!{ty'< ORDINANCE NO. 9036 An ordinance to amend Chapter 2 of the Grand Island City Code; to amend various sections of Chapter 2 for housekeeping purposes; to restructure the hiring and retention of city officials; to move articles in Chapter 2 pertaining to the Planning Commission, the Community Development Division and the Community Redevelopment Division to a newly created city code Chapter 37; to move an article in Chapter 2 pertaining to the Economic Development Program to a newly created city code Chapter 38; to repeal Chapter 2 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Chapter 2 of the Grand Island City Code is hereby amended as set out in Exhibit "A attached hereto. SECTION 2. Chapter 2 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Approved as to Form March 29, 2006 :. ,_:~ J..~-",,! '.j,. ';;;..I,;'Y;".'ij;j~;81C I I _ . J' ORDINANCE NO. 9036 (Cant.) Enacted: March 28, 2006. Attest: QcS\~ roLD~ RaNae Edwards, City Clerk ':. -/n ^l.. ......~/.~ 4 \ '-:\.-'-=> / Jay Vavri;1k, Mayor ,--". I - 2 - .s:. t., .;:,1;' EXHIBIT "A" I CHAPTER 2 ADMINISTRATION Article I. Meetings; Committees ~2-1. Form of Government The City of Grand Island is a City of the First Class with a municipal government organized pursuant to the provisions of Chapter 16 of the Revised Statutes of Nebraska. ~2-2. Regular Meetings The regular meetings of the council shall be held at 7:00 p.m. in the council chambers of city hall, on the second and fourth Tuesdays of each month; providing that if such meeting date shall occur on a holiday, the meeting shall be on the next business day following, or such other time as the council may provide. Amendments to the schedule of city council meeting dates shall be by resolution. ~2-3. Special Meetings Special meetings may be called by the mayor or any four council members, upon twenty-four hours written notice to every member of the council; provided, that the requirement of notice shall not be binding in any special meeting at which all members of the council are present without objection. Such notices may be served by any member of the police department or any other person in the City, and it shall be the duty of the city clerk when given such notices to serve the same or cause the same to be served immediately. I ~2-4. City Council; Study Sessions The City Council may hold a meeting to be referred to as a "Study Session" as needed and at the discretion of the City Council. Study sessions will be public meetings held at the time and place to be determined by the Council for which notice will be published pursuant to Nebraska statutory requirements. Study sessions shall be conducted to facilitate discussion between members of the Council and shall not be subject to formal parliamentary procedure. No motion, action, or vote of any kind shall be taken on any matter during a Study Session, except upon a motion to recess or to adjourn. ~2-5. City Council; Quorum; Voting (l) A majority of all the members of the city council must be present at a regular or special meeting to constitute a quorum; but if less than such majority is present at the meeting; the majority of the council members present may adjourn the meeting from time to time without further notice. (2) Except in those cases where Nebraska law requires a greater number of votes, six (6) affirmative votes shall constitute a majority vote required to adopt a motion, resolution, ordinance, action, or policy. In those cases where the mayor is authorized by law to vote, the mayor's vote shall be counted as one of the six necessary affirmative votes. (3) On votes requiring two-thirds vote of the council, such vote shall require seven (7) affirmative votes to pass. (4) On votes requiring three-fourths vote of the council, such vote shall require eight (8) affirmative votes to pass. ~2-6. Agenda For Meetings All matters for consideration at any regular meeting or study session of the city council shall be submitted in writing and filed in the office of the city clerk pursuant to the timetable established by resolution. All matters for consideration at any special meeting of the city council shall be submitted in writing and filed in the office of the city clerk at least twenty-four hours prior to the time set for such special meeting. The city clerk shall place upon the agenda of any regular, special, or study session meeting Page 2-1 a;; . ~...-.~_."..." "i'c, eJi....dI i"1;~- .; . , _(IEt,:,_ ,:~;~-""""'~: -'.i'':_~ I I ,-. ,j" \ Grand Island City Code, 2002 Edition only those matters which have been requested by a council member, authorized by the mayor or the city administrator. ~2-7. Rules of Order The current edition of Robert's Rules of Order shall guide the proceedings of the council where not in conflict with statutes or ordinances. ~2-8. Disturbing Meetings It shall be unlawful to disturb or disrupt any regular, special, or study session meeting of the council. Any person or persons who repeatedly disturb or disrupt a meeting of the council may be summarily ejected from the council chambers and the city hall at the Mayor's discretion. The Police Chief or his/her designee shall carry out such Mayoral directive. ~2-9. Council Committees Committees of the council may be created by the mayor and approved by a majority of the council to advise the council in regard to special issues. Each committee will consist of not more than five council members, appointed by the mayor and confirmed by the council. The committees may also consist of other members, including staff, who shall serve only as non-voting members. The manner of appointment shall be the same. The chairman of the committee will be a council member. Council committees shall conduct their meetings in compliance with the open meetings law, shall maintain minutes of all meetings, and shall submit their minutes, findings, and recommendations to the city council in writing in a timely manner. Appointments to council committees shall be for a term of one year unless ended sooner by dissolution of the committee. The committee may be dissolved by any of the following actions: (1) Majority vote of the committee to dissolve; (2) Resolution of the special issue assigned; (3) Majority vote of the city council; or (4) Expiration of one year from date of creation unless reappointed. ~2-10. Mayor's Committees Mayor's committees may be appointed by the mayor without council approval to advise the mayor in regard to special issues. Mayor's committees are subject to the open meetings law. Findings and recommendations of mayor's committees shall be submitted to the mayor and shall be considered as advising the mayor only and not the council. ~2-11. Boards and Commissions The city council may establish citizen advisory boards and commissions of either a permanent or temporary nature to study and/or make recommendations on designated issues. Certain powers may be delegated to boards and commissions as provided for by statute. Boards and commissions of a permanent nature shall be established by ordinance. The structure and appointments of the boards and commissions shall be in accordance with other provisions contained herein. ~2-12. Reserved ~2-13. Reserved ~2-14. Reserved Page 2-2 I Chapter 2 a Administration Article II. Elected Officials ~2-15. Mayor; Powers; Duties The mayor shall be the chief executive officer of the City of Grand Island, and advised by the members of the city council; shall in general supervise and control all of the business, affairs, and officers of the City of Grand Island. The mayor shall, when present, preside at all meetings of the city council. The mayor shall have the power, together with any other proper officer of the City of Grand Island, upon authorization by the city council, to sign certificates, deeds, mortgages, bonds, contracts, or other documents except in cases where the signing and execution thereof shall be expressly delegated by the city council to other officers or agents of Grand Island, and in general shall perform all duties incident to the mayor's office. The mayor shall have the right to vote when his or her vote shall be the sixth decisive vote upon any pending matter, legislation, or transaction. The mayor shall take care that the ordinances of the City and the provisions of the law relating to cities of the first class are complied with. The mayor may administer oaths, and shall sign the commissions and appointments of all officers appointed in the City. I ~2-16. Mayor; Veto Powers; Passage Over Veto The mayor shall have the power to approve or veto any ordinance passed by the city council, and to approve or veto any order, bylaw, resolution, award of, or vote to enter into any contract, or the allowance of any claim; provided, any ordinance, order, bylaw, resolution, award, or vote to enter into any contract, or the allowance of any claim vetoed by the mayor may be passed over such veto by a vote of two thirds of all the members elected to the council, notwithstanding such veto. If the mayor neglects or refuses to sign any ordinance, order, bylaw, resolution, award, or vote to enter into any contract, or the allowance of any claim, and returns the same with objections in writing to the next regular meeting of the council, the same shall become a law without the mayor's signature. The mayor may veto any item or items of any appropriation bill, and approve the remainder thereof. An item or items so vetoed may be passed by the council over the veto as in other cases. ~2-17. Mayor; Additional Powers; Duties In addition to the foregoing powers and duties, the mayor shall: (I) Appoint and remove, with approval of the city council, all statutory officials; appoint, remove, correct, or discipline all other hired officials and subordinate employees in the departments in both the classified and unclassified service, which appointments shall be upon merit and fitness alone pursuant to the personnel rules, and in the classified service all appointments and removals shall be subject to civil service requirements. (2) Appoint all members of advisory boards, commissions, and committees established by ordinance or action of the council, subject to council approval. (3) Have the power to grant reprieves and pardons for all offenses arising under the ordinances of the city after conviction to remit fines and forfeitures. ~2-18. Mayor; Compensation The annual compensation for the mayor shall be $13,000 per year, payable monthly in equal installments as required by law. ~2-19. Council; Authority; Duties (1) The council can bind the City of Grand Island, Nebraska, by their acts only when they are duly assembled at a regular or special meeting. Page 2-3 _~--,'i____ /~>l ,- ~~_ .-. ,.'t~_'_ ~>-_''';;_i.--,'~ -, 0...-....'-'- ':<l ',.:.4'iit- I I Grand Island City Code, 2002 Edition (2) The city council shall do all things necessary to comply with, and enforce the ordinances of the City of Grand Island and the laws of the State of Nebraska relating to cities of the first class. (3) The city council specifically reserves the right to make inquiries of any personnel relative to municipal activities. Except for purpose of inquiry, the city council shall deal with the administrative services of the City through the administrator, and neither the council nor its members shall give orders directly to any subordinate of the city administrator. (4) The city council may by motion or resolution adopt appropriate personnel rules, and amend such rules in the same manner from time to time. ~2-20. Council President; Election; Term; Duties The council shall elect one of the council members as president of the council. The term of the president shall be one year, commencing the first regular meeting in December, and terminating upon election of a new president at the first regular meeting in December of the following year. The president will assume the duties of the mayor during the mayor's absence or illness. Absence will be indicated by notification by the mayor, or through the mayor's inability to participate in a council meeting or city function. Illness shall be any sickness or injury preventing the mayor from participating in his or her daily administration or ceremonial duties. ~2-21. City Council Members; Compensation The annual compensation for members of the city council shall be $6,000 per year, payable monthly in equal installments as required by law. ~2-22. Mayor and Council; Benefit Plans The mayor and members of the city council shall not be eligible to participate in the city employee health insurance, life insurance, disability insurance, or retirement plans. ~2-23. Bonds for Elected Officials Before entering upon the duties of their office, the following named elective officers of the city are hereby required to give bonds and security as provided by law for the faithful performance of their duties, which bonds shall be approved by the city council and shall be given for the following sums: Mayor $ 20,000 City Council Member $ 1,000 ~2-24. Removal of Elected Official for Misconduct Any elected official of the city may be removed from office for misconduct or malfeasance pursuant to state statute by the mayor and council in the following manner: Upon the filing of written charges signed and verified, charging any such officer with misconduct, the council shall by resolution set a time for hearing not less than five days nor more than ten days subsequent to the passage of such resolution for a hearing on such charge. At such hearing, the officer whose conduct shall have been called into question shall have the right to be present to interrogate witnesses, to be represented by counsel, and either in person or by counsel make a statement or argument to the council. The city attorney shall act as prosecuting attorney and shall have the right to examine or cross examine each witness presented and to make any statement or argument to the council. If upon such hearing, the council shall by a three-fourths vote of all the council members, find or determine that the officer in question has been guilty of misconduct rendering him or her an unfit person to hold such office, then the city council may declare such office vacant and such office shall then be vacant forthwith. Page 2-4 j',i""'~';",."",;,i~,ii~I;~";IK::;': "","!ii~~' I Chapter 2 D Administration ~2-25. Filling Vacancies of Elective Officers The mayor shall fill by appointment any vacancy which may exist, caused by death, resignation or disability of any elective officer of the City. Such appointment of the mayor shall be subject, however, to approval of the majority of the council. ~2-26. Reserved ~2-27. Reserved ~2-28. Reserved ~2-29. Reserved Article III. Appointed and Hired Officials Division 1. General I ~2-30. Officers; Appointive The following shall constitute the statutory officers of the City of Grand Island which shall be appointed by the mayor and approved by the council. These officers shall hold office until the end of the mayor's term and until their successors are appointed and qualified. These appointive officers may be removed at any time by the mayor, with the approval of a majority of the council: City Administrator City Attorney City Clerk City Engineer / Public Works Director City Treasurer / Finance Director ~2-31. Hired Officials The officials set forth below shall be hired officials which shall be selected for employment by the city as set forth in the personnel rules and regulations. All of the hired officials shall be subject to the personnel rules of the City of Grand Island as adopted by resolution. The personnel rules are supplemental to the civil service rules for the officials set forth in subparagraph (B), and supplemental to the terms of interlocal agreements pertaining to the officials set forth in subparagraph (C) below. (A) The following shall constitute the general officials of the City of Grand Island: Building Department Director Human Resources Director Library Director Parks and Recreation Director Utility Director (B) The following shall constitute the officials subject to the civil service rules of the City of Grand Island: Fire Chief Police Chief Page 2-5 I I Grand Island City Code, 2002 Edition (C) The following shall constitute the interlocal officials of the City of Grand Island: Emergency Management Director Planning Director ~2-32. Bonds for Appointed Officials Before entering upon the duties of their employment, the following named appointed officials and employees of the city are hereby required to give bonds and security as provided by law for the faithful performance of their duties, which bonds shall be approved by the city council and shall be given for the following sums: City Treasurer Deputy City Treasurer City Clerk City Administrator $100,000 $ 50,000 $ 10,000 $ 20,000 ~2-33. Reserved ~2-34. Reserved Division 2. City Administrator ~2-35. Administrator; Appointment; Duties There is hereby created and established the office of city administrator, to be appointed by the mayor, with the approval of the city council; provided, no elective officer of the City of Grand Island shall hold the position of city administrator. The city administrator shall be the chief operating officer of the City of Grand Island. The administrator shall hold office until the end of the mayor's term of office, and until a successor is appointed and qualified, unless sooner removed, or the ordinance creating the office shall be repealed, except as otherwise provided by law. The employment of the city administrator may be administered by a negotiated contract. The purpose of the office of city administrator is to provide for the day-to-day administration of the City of Grand Island, Nebraska. The city administrator will remain under the direction of the mayor and be responsible thereto for the efficient conduct of the office. The city administrator shall not participate in a local election that affects the office of mayor or city council, or any other elective municipal position or issue, except for the casting of an individual ballot. The city administrator will keep the mayor informed and seek input on any action he or she takes or will take. The salary of the city administrator shall be established by ordinance. ~2-36. Administrator; Qualifications The city administrator shall be chosen on the basis of executive and administrative qualifications with special reference to actual experience, or knowledge of accepted practice in respect to the duties of the office. At the time of appointment, the city administrator need not be a resident of Grand Island, Nebraska, but during the term of office he or she shall reside within the city limits. ~2-37. Administrator; Duties; General The duties of the city administrator are as follows: (1) Attend all meetings of the city council and its committees unless excused, with the duty of reporting on any matter concerning the City under his or her direction; and to attend such other Page 2-6 .1'._r. -~ I Chapter 2 D Administration meetings of departments and officials as the duties of the office may require, or as may be directed by the mayor or council. (2) Make investigation into all affairs of the City and to make recommendations to the mayor and council for the adoption of such measures and ordinances as are deemed necessary or expedient for the good government of the City. (3) Analyze the functions, duties, and activities of the various departments, divisions, and services of the City, and of all employees thereof, and to make recommendations regarding the same to the mayor and council; and to faithfully carry out the directives and recommendations of the mayor and council in coordinating the administrative functions and operations of the various departments, divisions, and services. (4) Keep the mayor and council fully advised as to the financial condition of the City. With the adoption of the budget and the passage of the appropriations ordinance by the governing body, the city administrator shall be responsible for the supervision and control of the budgeted expenditures. (5) Oversee the supervision of all employees, and evaluate all appointed and hired officials, and recommend to the mayor the appointment, discipline, transfer and dismissal of all City personnel. (6) Investigate or have investigated all complaints filed against an employee, department, division, or service of the City, and to report such investigation with recommendation to the mayor and council. (7) Act as Program Administrator for the Economic Development Program of the City, act as ex- officio member of the Economic Development Committee, assist the committee, and provide the committee with necessary information and advice on the economic development program. (8) Perform all other duties and exercise such other power as may be required by ordinance, or prescribed by resolution of the mayor and council. I Division 3. City Clerk ~2-38. City Clerk; Duties; Compensation There is hereby created the office and position of city clerk. The city clerk shall be appointed by the mayor with approval of a majority of the city council. The city clerk shall have the custody of all laws, ordinances and official records, and keep a correct journal of the proceedings of the council, and perform all other duties and meet all requirements imposed by law upon the position or office of city clerk. The salary of the city clerk shall be fixed by ordinance. Division 4. City Treasurer ~2-39. Finance Department; City Treasurer I Finance Director; Duties; Compensation There is hereby created a department of the City which shall be known as the Finance Department, which shall be responsible for the performance of the financial management and accounting functions of city government, including those of all departments and divisions thereof. The Department shall be responsible for developing, instituting, and maintaining all of the financial and accounting systems associated with the operation of city government including general ledger accounting; financial statements and reporting; cash management and investments; accounts payable and receivable; utilities billing and collection; payroll; and auditing. All personnel assigned to these functions shall come under the auspices of the Department and the direction of the finance director. Page 2-7 ~i- - <,,-.- . <;:c... .~ ~-;~- I I Grand Island City Code, 2002 Edition There is hereby created the office and position of City Treasurer/Director of Finance. This position hereafter referred to as "Finance Director," shall be appointed by the mayor, with the approval of a majority of the city council. The Director shall perform all duties and meet all requirements imposed by law upon the position or office and such other duties as directed. The Director shall assist the city administrator in the preparation of the annual budget. The finance director shall be responsible for the preparation of the annual estimates of revenues and expenditures of the proposed budget for the presentation of a complete fmancial plan for the City to the mayor and council prior to the consideration and adoption of the annual appropriation ordinance by the governing body. The finance director shall prepare and submit to the mayor and council, on a monthly basis, a complete report on the finance activities of the City. The salary of the position shall be fixed by ordinance. Division 5. City Attorney ~2-40. City Attorney; Duties; Compensation The office of city attorney is hereby created, which office shall constitute a full-time obligation upon the individual so appointed. The city attorney shall be appointed by the mayor, with the approval of a majority of the city council. The city attorney shall be the legal advisor of the council and city officers. The city attorney shall commence, prosecute, and defend all suits and actions necessary to be commenced, prosecuted, or defended on behalf of the City, or that may be ordered by the council. The city attorney shall attend meetings of the council and give an opinion upon any matters submitted by the council, either orally or in writing, as may be required. The city attorney may hire outside counsel on matters in which the city attorney lacks expertise or in which the city attorney has a conflict of interest. The salary of the city attorney shall be fixed by ordinance. Division 6. City Engineer I Public Works Director ~2-41. City Engineer I Public Works Director; Duties; Compensation There is hereby created the office and position of City Engineer / Public Works Director, hereafter referred to as "Public Works Director". This position shall be appointed by the mayor, with the approval of a majority of the city council. Among the duties required of the Public Works Director shall be making estimates of the cost of labor and material which may be done or furnished by contract with the city and make all surveys, estimates and calculations necessary to be made for the establishment of grades, the building of culverts, sewers, bridges, curbing, gutters, and the repair and improvement of streets. The Public Works Director shall make a record of the minutes of his surveys and of all work done for the city, including sewers and sewerage systems and accurately make such plats, sections, profiles and maps as may be necessary in the prosecution of any public work, which shall be public records and belong to the city and be turned over to his or her successor. In addition to the duties specifically set forth above, the Public Works Director shall perform such other duties as the city council may require or are required by law. The salary of the position of Public Works Director shall be established by ordinance. ~2-42. Reserved ~2-43. Reserved Page 2-8 , ...>> " .. ,~"~'!!""""=----"' I I ill.1 .-.. Chapter 2 a Administration Article IV. Indemnification of Officers and Employees ~2-44. Definitions Officer shall include any elected, appointed, or hired official of the city; Emvlovee shall include all employees of the city, whether under civil service or not. ~2-45. Representation; City Attorney Among the duties of the city attorney shall be that of representing as counsel, without charge to the persons represented, any city officer or employee in connection with any claim, suit for damages, or other action against such person arising in connection with the performance by such officer or employee of his or her public duties; provided that such employee or officer may have his or her own counsel to assist in the defense, at the expense of the employee or officer. ~2-46. Indemnification; Good Faith Any officer or employee who is held liable for the payment of any claims or damages, by way of judgment or settlement, shall be entitled to indemnification by the city, where the acts resulting in such liability were done in good faith, without malice, within the scope of authority of the employee or officer. ~2-47. Governmental Immunity Nothing in this Article shall be construed as waiving the city's defense of governmental immunity to it or its employees or officers in any action brought against the city or such officer or employee. ~2-48. Notice The provisions of this Article shall apply only where the city has been given notice of any actions brought against any city employee or officer, based upon any action of such employee or officer within the scope of his or her authority as such. ~2-49. Representation; Conflict of Interest Nothing in this Article or in any ordinance of the city, and nothing in any agreement with the city attorney shall be construed to require the city attorney to provide legal services in any manner which would cause the attorney to be involved in a conflict of interest. ~2-50. Reserved ~2-51. Reserved ~2-52. Reserved ~2-53. Reserved Article V. Emergency Interim Successors ~2-54. Emergency Succession; Declaration In accordance with the terms and conditions of the state General Emergency Succession Act, hereinafter referred to as "such act," the mayor and council declare that it is necessary to invoke the provisions of such act in the City. Page 2-9 - 'Ir'(~; I I Grand Island City Code, 2002 Edition ~2-55. Officers To Appoint Successors Emergency interim successors shall be designated pursuant to the Local Emergency Operations Plan on file with the City Clerk and the Emergency Management Director. ~2-56. Reserved ~2-57. Reserved ~2-58. Reserved Article VI. Retirement and Pension Plans ~2-59. Ratification of Existing Plans The City hereby affirms and ratifies the existing pension and retirement plans it has established which specifically includes the following plans: (1) A Police Officers Retirement System Fund and retirement plan pursuant to Neb. R.R.S. ~16- 1001 et seq; (2) A Fire Fighters Retirement System Fund and retirement plan pursuant to Neb. R.R.S. S 16- 1020 et seq; (3) A general employee pension fund and pension plan pursuant to Neb. R.R.S. ~ 19-3501. Said funds and plans are hereby ratified and confIrmed. Page 2-10 , "', '.. ,iff" "~" i"', ~"~-i' ","""- -"" ;;~,~",~;.,c.-l '" ~":',;, ",,__""