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HomeMy WebLinkAboutO-1998-019 6 i 1 ORDINANCE NO. 19-98 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA PERTAINING TO DEPARTMENT HEAD (DIRECTOR) POSITIONS CREATED BY ORDINANCES AND AMENDING THE CODE OF ORDINANCES TO PROVIDE THAT THE DEPARTMENT HEADS (DEPARTMENT DIRECTORS) OF THE CITY SHALL BE APPOINTED AND TERMINATED BY THE CITY MANAGER RATHER THAN BY THE CITY COMMISSION; PROVIDING FOR CERTAIN DEPARTMENTS' DESCRIPTIONS AND DUTIES (LOCATED PREVIOUSLY IN THE CHARTER) TO BE CODIFIED IN THE CODE OF ORDINANCES; FURTHER, CREATING AN ADMINISTRATIVE SERVICES DEPARTMENT AND DIRECTOR; FURTHER, PROVIDING FOR THE RESPONSIBILITIES OF THE "CITY AUDITOR AND CLERK"AND THE "CITY TREASURER AND COLLECTOR" POSITIONS (PREVIOUSLY LOCATED IN THE CHARTER) TO BE RE-ASSIGNED AND PERFORMED BY THE APPROPRIATE DEPARTMENTS/DIRECTORS AS APPLICABLE; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA THAT: Section 1. Sec. 2-9, entitled "Office of finance created; duties", of the Code of Ordinances is amended to read as follows: Sec. 2-9. 9#+se Department of finance direnter created; duties. (a) Created. Pursuant to the general authority given by Section 1 , Article 1, Part III of the charter, the separate a department of finance diFeGt9F is created. (b) Qities Director established. The position of finance director is created and such person shall be deemed to be a department head of the city having both executive and administrative duties. kle The finance director shall be appointed by the city manager at a salary established by the city manager and shall be subject to the supervision and direction of the city manager and shall perform all duties of a budgetary or financial nature which are delegated to 4414 him or herby the city manager 1 ORDINANCE NO. 19-98 1 I -- C #e The finance director may be terminated by the city manager. Lcl Duties The finance director shall perform the following duties: u Be custodian of all moneys of the municipality and keep and preserve the same in the city depositories designated by the city commission; in addition, it shall be #is his or her duty to deposit in such depositories, as savings accounts or otherwise any and all monevs belonging to the city, and collected and held as sinking funds such investments to be made in the kind of securities authorized by law and as determined by Section 218.415(15) of the Florida Statutes. Receive and collect all moneys belonging to the city, including taxes water collections special assessments license moneys fines and income for all other sources and keep accurate records of them and make proper reports. f3� Prepare receipts in duplicate for all moneys paid to the city treasury, delivering the original receipts to the person paying the same and retaining one copy for the files of #is his orherdepartment; further, make reports from time to time to the city manager of all moneys collected. U Deposit in a separate fund or funds all moneys received on account of any special assessment; in addition, payment from such special assessment funds shall be made only on account of the improvement or improvements for which such assessments were made or for the replenishment of the revolving fund out of which Payment of the costs of improvements or any portion of them was made. f5� Issue all warrants for the payment of money by the city. u Keep an accurate account of all moneys collected from taxes assessments departmental revenues and other sources and of all receipts and disbursements by the municipality. 2 ORDINANCE NO. 19-98 i 4 f7Z Keep separate account of each fund or appropriation and i of the debits and credits pertaining to them. Submit to the city commission and city manager a complete and comprehensive report of the receipts and expenditures of the city during the preceding month and of the financial condition of the city as of the first day of the preceding month. Keep a list of outstanding city bonds and revenue certificates to whom issued for what purpose when and where payable and the rate of interest such obligations respectively bear further, to insure punctual payment of principal and interest of such bonds. Furnish the city manager such estimates of the expenses of the city government as may be necessary to form the basis of the annual budget and to determine the revenue necessary to be raised each year. Keep regular books of account and records in which shall be entered all indebtedness of the city, and which shall at all times show the financial condition of the city, including its assets and liabilities. Keep account with all officers and employees of the city showing the amounts they have received from different sources of revenue and the amounts they have disbursed as authorized under the ordinances of the city. u Examine audit (or have audited) and certify the correctness of all claims and demands against the city, and submit same to the city manager for approval or disapproval. Adopt prescribe and require the use of a uniform system of books of account with all city departments officers and employees who are charged with the receipt or disbursement of any of the funds for the city, or who may be authorized to purchase materials or supplies or to employ labor for the cit rescribe the form of voucher or other evidence of the receipt of money by the city or for the establishment of demands against the city require a J g ORDINANCE NO. 19-98 L� daily report from each department office, officer or employee of the city receiving and disbursing funds of the city, showing all sums received and disbursed from what source and for what purpose, as he deems same necessary. Audit the accounts of the several departments, officers and employees and make reports of them to the city commission as required or desired by the city manager, city commission or both. He The finance director shall at all times have access to and may inspect and take copies of books on which entries are made or are required to be made, relating to the receipt or expenditure of money on account of the city, and of all vouchers, accounts, bills, warrants, drafts, contracts or other papers relating to them. At the end of each fiscal year and more frequently, if so required by the city commission, submit W6 his or her annual audit covering all of the moneys received and disbursed by the several departments, officers and employees of the city. Such annual audit shall show the moms on hand in the respective funds at the beginning of the fiscal year, the moneys received during the year, and all expenditures made by the city. With the consent of the city commission, a certified public accountant may be employed from time to time to assist the finance director in preparing pis his orher annual report or other reports or audits as deemed necessary. In uire into and inform 40aseghimselforherselfas to the legality of all claims to be paid out of the city treasury, the reasonableness of the prices charged or claimed for materials, supplies or labor. and the facts as to the delivery of them to or for the use of the city, and for such purpose, he-he or she shall have the power to require sworn evidence that the amount of any claim is justly due and in conformity with laws and ordinances and for that purpose, 4e he or she may summon before WFA him or her every officer, agent or employee of any department of the municipality and examine them upon oath or affirmation relative to such matters. 4 ORDINANCE NO. 19.98 i 6 1 i (18) Establish an accounting procedure adequate to provide i a record in detail of all transactions affecting the acquisition custody and disposition of values including cash receipts and disbursements and such fact shall be so presented in the reports which #e he or she is to report periodically and shall be supported with such summaries and analytical schedules as may be necessary to show in detail the full account of such transactions for each fiscal year, upon the finances of the city and relation to each department of the city government including distinct summaries and schedules for each public utility owned by the city or other publicly operated facilities for which charge is made for the use of same. (19 Upon the death resignation removal or expiration of the term of office of any officer, the finance director shall audit has the officer's accounts and if such officer shall be found to be indebted to the municipality, the finance director shall at once give notice of such debt through the city manager to the city commission and to the city a attorney, and the latter shall proceed to collect the sum of such indebtedness. 20 Keep a list of all securities held by the city commission for the benefit of the city or any securities of the City of Dania held in trust for the benefit of any particular fund or funds including any insurance reserve fund which may be established He The finance director shall keep an accurate list of all bonds held by the city and know when and where interest coupons or other interest shall be paid. h Remit and transmit to the proper depository or payee bank all sums of money falling due from time to time as principal or interest on obligations of the City of Dania, and in that connection qe the finance director shall see that all necessary moneys are properly budgeted and allocated for the payment of the principal and interest upon the city indebtedness as same become due from time to time. 5 ORDINANCE NO. 19-98 1 _ 6 s i 22 Issue warrants for the payment of money from a fund of the municipality only to the extent that there are moneys to the credit of the fund to be drawn on with which to pav such warrant. 23 Maintain a purchasing system which complies with all Provisions of the City Code 24 Maintain an information services division Section 2. Sec. 19-62, entitled "Director - Position established", of the Code of Ordinances is amended to read as follows: Sec. 19-62. Director-Position established. The position of director of growth management is hefeby established, which said director shall not be aadef in the classified service, but shall be appointed by the city manager and shall serve at the pleasure of the City sefnFTIissiGR manager at s4sh a salary direstef established by the city manager. Section 3. Section 2, entitled 'Positions covered by these rules" of Rule 1 of the Civil Service Rules adopted by Ordinance No. 11-88 is amended to read as follows: Section 2. Positions covered by these rules: These rules shall apply to all positions and offices in the Qi ,Sewise city service excepting those of the City Manager, City Attorney, Public Works Director, Utilities Director Recreational Director, Police Chief, City GIeFk, Fire Chief, Growth Management Director Administrative Services Director and any other department heads or directors Section 4. Section 3, entitled "The Personnel Director" of Rule 3 of the Civil Service Rules adopted by Ordinance No. 11-88 is amended to read as follows: Section 3. The RPFRORRM QiFeGtef Human Resources Manager: The City Gemmissien Manager may delegate to the appropriate department head the authority to appoint, aFleF a a Human Resources Manager who shall be responsible to the-Sity:4anagef for the administrative and technical direction of the City pefsernel human resources program. He or she shall be known as the RefseRael Difestef Human Resources Manager and shall: 6 ORDINANCE NO. 19.98 F _J 1 A. Administer the provisions of these rules. 1 B. Develop and administer such recruitment and of examination competent t programs as may be necessary to obtain an adequate supply p t applicants to meet the needs of the G#y-Seatise city service. C. Prepare and recommend a Classification Plan and amendments to the Classification Plan so that it will reflect on a current basis the duties being performed by each employee in the city service and class to which each position is allocated. D. Administer the pay plan including the periodic review of salary and wage levels in the area to the extent that such levels affect city employment and the periodic investigation of factors affecting the economic level of salaries and to make recommendations for amendments to the pay plan. E. Provide a system of checking payrolls, so as to determine that all persons in the Qky--SePAGe city service have been properly appointed and are being paid in accordance with these rules. F. Provide for the establishment and maintenance of a roster of all employees in the city service. Y G. Provide such forms and procedures as he he or she may consider necessary, appropriate, or desirable to carry out the pe�s� human resources program. H. Develop and establish in cooperation with the City Manager and the various department heads such training and educational programs for employees in the city service as conditions warrant. 1. Prepare annual reports regarding the work of the depa#mer# division. J. Attend all meetings of the Civil Service Board. K. Perform such other activities with reference to human resources administration not inconsistent with the City Charter or these rules, as may be deemed necessary and desirable to enforce the provisions of these rules, as the City Manager may direct, or as may be required by ordinance. 7 ORDINANCE NO. _19_98 t - -1 L. Prepare and recommend such rules or amendments to the rules as may be necessary or advisable to carry out the intent and purposes of the city pefsefo:4,4 human resources program. Section 5. Section 1, entitled 'The City Service" of Rule 4 of the Civil Service Rules adopted by Ordinance No. 11-88 is amended to read as follows: Section 1 The City Service: The City Service shall comprise all offices and positions in the City employ, now existing or hereafter created. The City Service is divided into the exempt and classified services: A. The exempt service shall consist of: a. City Commissioners. b. The City Manager aadl(B (or Acting City Managerl. C. Assistant City Managers. d. Public Works Director, Utilities Director, Recreational Director, Police Chief, City—G1erk, Fire Chief, Finance Director Growth Management Director Administrative Services Director and any other department heads or directors e. The City Attorney and Assistant City Attorneys. f. Consultants, counsel, architects, auditors, board and committee members and the like rendering temporary professional services for pay or not for pay. Exempt personnel may not be assigned the duties of a vacant classified position except in accordance with Civil Service Rules and Regulations. B. The classified service shall comprise all other positions now existing or hereafter created not specifically included in the exempt service. Section 6. A new Article Il, entitled "Fire Department", of Chapter 11, is created to read as follows: ARTICLE II. FIRE DEPARTMENT Sec. 11-55, Created. g ORDINANCE NO. 19-98 1 i � c A fire department for the City of Dania is created and established, consisting of a chief and as many subordinate officers firemen and employees as may be necessary. The chief of the fire department shall be appointed by the city manager. The fire chief shall serve at the pleasure of the city manager at a salary established by the city manager. All subordinate officers, firemen and employees shall be employed and appointed by the chief of the fire department, subject to the approval of the city manager. Sec. 11-56. Chief of fire department. There shall be a chief of the fire department who shall be the head of the department and shall also be fire marshal Pe The fire chief shall have the exclusive supervision and control of the stationing and transfer of all firemen and other officers and employees of the fire department. In case of riot, conflagration or other emergency, if the city manager is absent or not available the chief may appoint additional firemen for temporary service. Sec. 11-57. Duties of fire department. The fire department shall have jurisdiction of all areas in the vicinity of a fire or conflagration and its personnel shall have the power to prevent any interference with the department or any of its companies squads or members in the performance of their duties The department shall keep an inventory of equipment inspect buildings and premises in the city for the purpose of ascertaining and correcting fire hazards and do everything necessary and proper to eliminate fire risks and hazards. Sec. 11-58. Suspension of members of fire department. All officers or employees of the fire department may be suspended or discharged on account of incompetency, general inefficiency, neglect of duty, immorality drunkenness failure to obey orders given by proper authority, or for any other just or reasonable cause. Section 7. A new Article IX, entitled "Director of Utilities', of Chapter 27, is created to read as follows: 9 ORDINANCE NO. 19-98 i - i I V I ? ARTICLE IX. DIRECTOR OF UTILITIES Sec. 27-249. Position established- appointment compensation; duties. The Position of director of utilities is established. The director of utilities shall not be in the classified service but shall be appointed by the city manager. He The director of utilities shall serve at the pleasure of the_cit manager at a salary established by the city manager. The director of utilities shall be responsible for the operation of the water treatment plant, the water distributions stem the sewer collection sVstem and such other duties as may be delegated to htim her or him. Section 8. A new Chapter 30, entitled "Department of Public Works", is created to read as follows: CHAPTER 30. DEPARTMENT OF PUBLIC WORKS ARTICLE I. PUBLIC WORKS Sec. 30-1 Established. The department of public works is established as an administrative branch of the City of Dania and shall be comprised of the following divisions: engineering division street division docks division and garage division Sec. 30-2. Classified service. All employees under the department of public works shall be in the classified service, unless otherwise designated. Sec. 30-3. Position established: director of public works. The position of"director of public works is established and same shall not be in the classified service but the director of public works shall be appointed by the citV manager. He-The director of public works shall serve at the pleasure of the city manager at.a salary established by the city manager. 10 ORDINANCE NO. 19.98 I — I 1 V Sec. 30-4. Duties and powers. The director of public works shall serve under the direction of the city manager and assist in carrying out the policies and programs of the city commission. He He or she shall coordinate the work and activities of the various divisions He He or she shall keep an inventory of all of the machinery, automotive equipment and personal property of all departments of the City of Dania, arranged according to department and division and shall make recommendations for repair and replacement to the city manager from time to time. He He or she shall make periodical inspections of streets docks wharves public buildings public works public machinery and all public Property, and make reports to the city manager. He He or she shall perform such other duties as may be delegated to 9+44 Him or her. ARTICLE 2. ENGINEERING DIVISION Sec. 30-5. Established. An engineering division of the city may be established Sec. 30-6. City engineer. The office of city engineer may be created The city engineer shall be head of the division and shall be a registered civil engineer. Sec. 30-7. Other employees. A designer, engineering assistant and other employees may be employed from time to time Sec. 30-8. Duties. The duties of the division and its personnel shall be such as are specified in the classified service or assigned from time to time by ordinance or rules and regulations. ARTICLE 3. STREET DIVISION Sec. 30-9. Established. The street division is established, with supervision over streets and public ways of the city. Such employees as may be necessary may be employed from time to time ORDINANCE NO. 19-98 � I Sec. 30-10. Superi�t 1 There may be a su erintendent who shall be head of the division an perform such duties as may be assigned to 4i!`Il him or her. ARTICLE 4. DOCKS DIVISION Sec. 30-11. Established The docks division is established with supervision over docks and waterways under the direction of the director of public works. Suchmto e ees as may be necessa ma ed from be em to time to time. Sec. 30-12. DOck�ef There ma 1 be a dock master who shall erform the duties assigned to I hii�r ARTICLE 5. GARAGE DIVISION Sec. 30-13. Estab�_ The ara a division is established and such em to ees as ma be necessa may be employed from time to time in this division. Se_ c.30-14• Superi_ newt There may be a su erintendent who shall be head of the division performing the duties assi ned to 4�Fa him or her. Section 9. A new Article VII, entitled "Administrative Services Department', of Chapter 2, is created to read as follows: Sec. 2-123. Creation of Department. The de artment of administrative services is established as an administrative branch of the Cit of Dania and shall be comprised of the following divisions: city clerk risk mans ement and human resources management. 12 ORDINANCE NO. 19-98 i 6 Sec. 2-124, Appointment of Director. There shall be an administrative services director, who shall be appointed by and who shall work under the direction and supervision of the city manager. The administrative services director shall work at the pleasure of the city manager at a salary established by the city manager. Sec. 2-125. Duties. The administrative services director shall be responsible for performing or for providing as appropriate the following services: (a) The signing of all written contracts made on behalf of the city. No written contract made on behalf of the city or to which the city is a party shall be valid unless signed by the administrative services director, or the designee of the director. (b) The countersigning of all bonds revenue certificates or other indebtedness of the city and the keeping of accurate accounts of them, and the keeping of records showing for what purpose such evidence of indebtedness was issued to whom and the amount of the same. U Administration of any oath required by law. (d) Administration of all city elections. jp Acting or providing the services of a recording secretary to and for the city commission. fD Acting as the official representative of the City of Dania in all business with the Supervisor of Elections of Broward County Florida in relation to matters pertaining to the conduct of municipal elections. Lq) Acting as the city's qualifying agent for candidates qualifying for municipal office. u Attending or providing for attendance at all meetings of the city commission to ensure that the minutes of its proceedings are kept, as well as responsibility for keeping of advisory board minutes the correctness of which proceedings shall be certified by #is his or her signature or that of#is-his or her designee The official minutes of the city commission or board, as appropriate, when duly certified by the signature of the director or #is his or 13 ORDINANCE NO. 19-98 I I her designee and by the mayor-commissioner, or acting mayor-commissioner, or board chairperson as appropriate shall be prima facie evidence of the facts and events stated in them. The administrative services director shall be responsible for the keeping of all of the ordinances and resolutions adopted by the city commission. jib Acting as the official custodian of the seal of the city and of all records and papers of a general character pertaining to the affairs of the municipality, Whenever an official seal is required on any official document of the City of Dania it shall be affixed by the administrative services director or tuns the director's designee. W Performing any and all duties required by the ordinances of the City of Dania or any duties applicable and proper to be performed as assigned by the city manager. Section 10. A new Article Vl, entitled "Police Department', of Chapter 20, is created to read as follows: Sec. 20-76. Created. The police department of the City of Dania is created and shall consist of a chief of police and as many subordinate officers, patrolmen and employees as shall be necessary for the functioning of the department. However, the City retains the right to contract with any other agency as permitted by law to provide police services if such contract Is determined to be desirable by the city commission. Sec. 20-77. Extra patrolmen. The city manager may appoint additional police department patrolmen and officers for temporary service No person shall act as a special patrolman. special detective or other special officer for any purpose whatsoever, except on written authority of the city manager, or the written authority of the mayor at times of grave emer enc . Such person shall be under the direction and control of the chief of police for the specified or limited time in case of riot emergency, elections or special occasions. Sec. 20-78. Chief of police. The chief of police shall be appointed by the city manager. ke He or she shall serve at the pleasure of the city manager at a salary established by tq ORDINANCE NO. 19-98 1 L� i Y the city manager. #e He or she shall aid in the enforcement of order in the city, execute the commands of the city commission and direct the activities of the police department in accordance with policies fixed by the city commission. tde He or she shall attend in person or by tais his or her designee at court proceedings and execute the commands and processes of the courts He He or she shall attend in person or by designee all meetings of the city commission and perform such duties appropriate to his his or her office as may be imposed upon him him or her by law, the ordinances of the city, the direction of the city manager or the city commission. He The chief of police shall be head of the police department and charged with the responsibility of seeing that the laws and ordinances of the City of Dania are enforced. Sec. 20-79. Suspension of members of police department. All officers,patrolmen or employees of the police department may be suspended or discharged on account of incompetency, general inefficiency, neglect of duty, immorality, drunkenness failure to obey orders given by Proper authority or for any other iust or reasonable cause Section 11. Wherever a reference to the "Personnel Director" appears in the Civil Service Rules (City Ordinance No. 11-88), the terminology of"Human Resources Manager' shall be substituted in its place. Section 12. Whenever a reference to the "City Auditor and Clerk" appears in the Charter or the Code of Ordinances, the terminology of"City Clerk" shall be substituted in its place. Section 13. Whenever a reference to "City Treasurer and Collector" appears in the Charter or the Code of Ordinances, the terminology of"Finance Director" shall be substituted in its place. Section 14. All ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the foregoing are repealed to the extent of such conflict. Section 15. Should any section, paragraph, sentence, clause, phrase or other part of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Ordinance as a whole or any portion or part of it, other than the part so declared to be invalid. Section 16. This Ordinance shall only be in force and take effect immediately after the approval, if such is the case, by a majority of the electors in the City of Dania, voting at the next election on the referendum question pertaining to whether department heads are to be employed by the City Manager rather than by the City Commission, as prescribed in Ordinance No. 14-98. PASSED and ADOPTED on First Reading on October 13, 1998. 15 ORDINANCE NO. 19-98 1 i i PASSED and ADOPTED on Second and Final Reading on October 27, 1998. MAYOR-COMMISSIONER A Es : ' Roll Call: " ,E 4, , , E Mayor Cali- yes CLERK-AUDITOR Vice-Mayor Etling-yes Commissioner Bertino-yes Commissioner Hyde —yes Commissioner Mikes-yes APPIjSJVED AS TO FO M AND CORRECTNESS: CITY ATTORNEY G.IWPFILESITJXDANIAICHARTER AMDTS-DEPT HEADS.ORD 11/17/98[FORMERLY NAMED-ADMIN SVCS DIR.ORD-] 16 ORDINANCE NO. 19-98 i _J i t CITY OF DANIA rl MEMORANDUM Via E-Mail and Facsimile TO: MAYOR AND CITY COMMISSION COPY: MICHAEL W. SMITH, CITY MANAGER FROM: THOMAS J. ANSBRO, City Attorney DATE:AUGUST 12, 1998 RE: PROPOSED AMENDMENTS TO THE CITY CHARTER AND COMPANION ORDINANCE; EMPLOYMENT OF DEPARTMENT HEADS BY THE CITY MANAGER IN LIEU OF THE CITY COMMISSION As discussed by the City Commission at its recent "Budget Workshop" meeting, held on July 31, 1998, 1 have prepared for City Commission review and consideration two separate ordinances. The first law was drafted to amend the City Charter, to provide that department heads will be appointed and terminated by the city manager, rather than by the City Commission. In effect, only the Mayor-Commissioner, the City Manager and the City Attorney will remain in the Charter as named "Charter officers". The City Manager and City Attorney would still "serve at the pleasure" of the City Commission. Florida law requires that this change (the department head appointment authority) must be placed on a referendum for a vote by the City electors. Other than the foregoing "charter officers", all other City departments and officers are proposed to be removed from the Charter. That Ordinance was previously distributed for your consideration and was adopted on first reading at the August 11, 1998 City Commission meeting. The second ordinance, designed to interact with the "referendum ordinance", is intended to transfer into the City Code of Ordinances the duties and responsibilities of all the officers and departments proposed to be removed from the Charter. This ordinance (copy attached) has been prepared in draft and is not ready for your formal vote. This "second ordinance" is intended to ensure that the "charter" officers' functions, duties and responsibilities are effectively transferred to the Code of Ordinances, where they may more 1 easily be revised and updated from time to time. A referendum is not required to make i -- L� Memorandum Re: Proposed Amendments to the City Charter and Companion Ordinance August 12, 1998 these particular changes. If the referendum question passes, the second ordinance will take effect immediately thereafter. Consequently, this ordinance must be adopted and "in place" prior to the November 3, 1998 election. If the referendum question does not pass, the second ordinance will not become effective. The second ordinance also includes the reorganization and reallocation of some of the duties of the"city auditor and clerk" and "city treasurer and collector functions, as they are currently described in the Charter. Those positions, by title, would be eliminated from the Charter if the referendum passes, but the responsibilities and duties of those two positions would be reallocated as proposed in the second ordinance. The following discussion addresses each of the affected positions. City Auditor and Clerk The financial duties of the "city auditor and clerk" charter position will be transferred to the finance director (currently "finance" is codified in the City ordinances). The other clerk duties will remain with a new 'city clerk' position, but it is proposed that the clerk will report to and work under a new department head, proposed to be called an "administrative services director" (discussed below). City Treasurer and Collector All of the 'city treasurer and collector" functions described in the Charter are proposed to be deleted from the Charter and transferred to the finance director in the second ordinance. Administrative Services Director The second ordinance provides that the"personnel director" position will be re-titled as the "human resources manager", and that that person will be appointed by the city manager instead of the City Commission. That position will also be assigned to report to and work under a proposed new department head, to be called the"administrative services director. The ordinance also includes an amendment to the civil service rules (which were adopted by a 1988 City ordinance) to provide that all department heads will be appointed by the city manager and will remain in the exempt service. The "administrative services department', as mentioned above, would be created by the second ordinance with responsibility for ensuring that the administrative duties associated with the current "city auditor and clerk' i I i Memorandum Re: Proposed Amendments to the City Charter and Companion Ordinance August 12, 1998 position are performed. In addition to the human resources manager and the revised "city clerk" position, a "risk manager" is also expected to be established, who will also report to the administrative services director. Fire and Police Chiefs The provisions of the Charter relating to the fire and police departments will also be transferred to the Code of Ordinances. Consistent with the foregoing, the only change in that transfer will be appointment of each of the chiefs by the city manager, instead of the City Commission. The second ordinance will also expressly acknowledge the power of the City to "contract" for the provision of police services as is the present and proposed City plan. Director of Utilities The 'Director of Utilities position was originally created and placed in the Charter by an ordinance (there is no corresponding "Utilities Department"). Under state law, it does not require a referendum to change this position. The water treatment, water distribution and sewer collection system's responsibilities, currently appearing in the Charter under the public works department, are proposed to be placed under the director of utilities. That action would be consistent with the duties currently assigned to the director of utilities by the more recent ordinances which created the position. Department of Public Works The department of public works is also proposed to be transferred from the Charter to the Code of Ordinances. The Public Works Director will, consistent with the foregoing, be employed by the City Manager. The "health and sanitation department" which formed a part of the original public works department, which former department is no longer active, is slated to be deleted in its entirety. The various other specialized "departments" listed in the Charter(e.g., "streets", "engineering", "docks", "garage', etc.), which are proposed to be deleted by the referendum ordinance, are also proposed for transfer to the Code of Ordinances by use of the second ordinance. They are proposed to be placed under the public works department and to re-name them as "divisions". Whether there is a continuing need for such "divisions" is a matter which warrants review and comment. i Memorandum Re: " Proposed Amendments to the City Charter and Companion Ordinance August 12, 1998 Department of Growth Management In order to be consistent with the 1988 ordinance which created the department of growth management, building inspection division responsibilities will be deleted from the public works department (currently existing in the Charter) and remain with the growth management department (they were placed in that department in 1988, but the inconsistent Charter provision was not repealed, as it should have been). The second ordinance also provides that the Director of Growth Management will be employed by the City Manager. Parks & Recreation Finally, the City Charter currently contains provisions for the creation of a somewhat independent "parks and recreation board" that is responsible for the supervision of parks and recreational facilities. Such a board does not currently exist. The existing City Parks and Recreation Board is advisory only. The Charter also provides that there may be a "superintendent of parks" who shall be an ex officio board member and shall perform his duties in cooperation with the Parks and Recreation Board. No mention is made of how that person would be employed. In the Civil Service Rules, adopted by Ordinance No. 11- 88, there is as reference to a "recreational director", but no provisions appear to exist governing such person's appointment. That position is, however, identified in the 1988 law as an "exempt service" position. Consequently, to be consistent, if that latter position is to be kept intact, we will need to provide for the creation of the position in the second ordinance with appointment and termination by the City Manager. Currently, the City has a parks manager and a recreational manager. The foregoing provisions of the Charter and Civil Service Rules discussed above have been left unaltered, pending direction as to their revision. At this point, City Commission discussion, comment and suggestions, if any, are requested. Aft. TJA/lAP/nd G.IWPEILES\TJA\DANIA\CC Mtg-081198 MT CC.M01 I l -- E 1 ' S U N — E N T I N E L PUBLISHED DAILY FORT LAUDERDALE, BROWARD COUNTY, FLORIDA BOCA RATON, PALM BEACH COUNTY, FLORIDA MIAMI, DADE COUNTY, FLORIDA NOTICE OF HEARING " E OF FLORIDA BEFORE CITY COMMISSION CITY OF DANIA FLORIDA REGARDING COUNTY OF BROWARD/PALM BEACH/DADE ADOPTION OF THE FLOWING PROPOSED ORDINANCE: BEFG( E THE -,UNDERSIGNED AUTHORITY PERSONALLY APPEAR NOTICE IS HEREBY GIVEN that the Cltvvcommissionof the City of Dania,Florida,on October 27.7998,at 7:30 PM r- or as soon thereafter as the matter may be heard, will conduct a public hearing9 in the City Commission room of • .S:�"j :• •:::"a. • •• • .•.. ... WHO C N OATH SAYS THAT the Dania City Hall. 10U West Dania Beach Boulevard. HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE Of THE rfollowingDnia °rida Orrdinancensider emHide Proposed adoption ofthe: AN ORDINANCE OF THE CITY OF DANIA FLORIDA CLASSIFIED DEPARTMENT OF THE SUN—SENTINEL, DAILY PERTAININGTO DEPARTMENT HEADDIRE&O,%OSI- NEWSPAPER PUBLISHED IN BROWARD/PALM BEACH/DADE COON CODE OF ORDINANCES fNfCESI TONPROVIDCES AN� THAT DE FLORIDA THAT THE ATTACHED COPY OF ADVERTISEMENT, BE CITY SHALL BE APPOENED AND TERMINATED)BY THE CITY MANAGER RATHER THAN BY THE CITY COMMIS- SION PROVIDING FOR CERTAIN DEPARTMENTS' DE- SCRIPTIONS AND DUTIES ILCOATED PREVIOUSLY IN THE CHARTER TO BE CODI IEDINTHECODEOFORDI- NOTICE NANCES, FUR HER CREATING AN ADMINISTRATIVE SERVICES DEPARTMENT AND DIRECTOR- FURTHER PROVIDIHE'CITY IN THE MATTER OF AUDITOR AND CLERK* AND THE RESPONSIBILITIES Ok TREASURER AUDITOR DICOLLECTOW POSITIONS BE E(TPREVIOUSLY LOCATED IN FORMEDHE CBY THERAPPROFR ATE OEPA TME NED ND PER- TS DIR- October 27 , 1998 ECTORSASAPPLICABLE;PROVIDING THAT ALL ORDI- NANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CON- FLICT ARE REPEALED TO THE E%TENT OF SUCH CON- IN THE CIRCUIT COURT, WAS PUBLISHED IN SAID NEWSPAPi VIDIR-PFORIAI EFFECTIVEADATECLAUSE;ANDPRO- T H E ISSUES 0 f of A copy of this proposed Ordmance is on file in the office the City Clerk,City Hell, 100 West she Beach Boule- vard,Dania,Florida,and may be inspected by the public during normal working hours. Interested parfies may appear at the aforesaid meeting and be heard with respect Po the proposed.Any person AFFIANT FURTHER SAYS THAT THE SAID SUN—SENTINEL IS Commission to Appeal to any decision metier co athis NEWSPAPER PUBLISHED IN SAID BROWARD/PALM BEACH/DADE purrposewmay need tocensu ore tthePraoveroai'9srace( mine COUNTY• FLORIDA, AND THAT THE SAID NEWSPAPER HAS HE lane evidence upon which the appeal tohbe basely BE°N CONTINUOUSLY PUBLISHED IN SAID BROWARD/PALM BElpersons needing essistaece for particiFwith ateDisabilities ny of the C Tyr FLORIDA, EACH DAY, AND HAS BEEN ENTERED AS :prSetDaniaBeacldcontvard,Daniabalee,Clt clerk too West Denis Beach Boulevard,Dania,Florida 33001,J950 C, S MATTER AT THE POST OFFICE IN FORT LAUDERDALE♦ 921a800extn22aele least 48 hours prior to the meeting. BROWARD COUNTY, FLORIDA♦ FOR A PERIOD OF ONE YEAR NEODb�utyt,itj990 Clrk PRECEDING THE FIRST PUBLICATION OF THE ATTACHED COPI—V ADVERTISEMENT: AND AFFIANT FURTHER SAYS THAT HE/SHE HAS NEITHER PAID NOR PROMISED ANY PERSON, FIRM OR CORPORATION ANY DISCOUNT, REBATE, COMMISSION OR REFUND FOR THE PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID NEWSPAPER. (SIGNATURE nOF• AFFIANT) SWORN TO AND SUBSCRIBED BEFORE ME THIS 16 DAY OF OCTOBER A.D. 1990, ....G• V•�Y�L Lip• . •.'�.. ..fb�� � • • ..w.. (SIGNATURE OF NOTARY PUBLIC), Iaru 'aIm (NAME OF NOTARY TYPED,1P�YNTED OR STAMPED) YP 'JNALLY KNOWN . ... . . . ..... ... . .. . . OR 1 PRuDUCED IDENTIFICATION . .. .... .. ... . .. .. _J 0 S U N - lE N T I N E L PUBLISHED DAILY FORT LAUDERDALE. BROWARD COUNTY. FLORIDA BOCA RATON. PALM BEACH COUNTY. FLORIDA MIAMI. DADE COUNTY. FLORIDA 1 S E OF FLORIDA COUNTY OF BROWARD/PALM BEACH/DADE BEF ,( E THE ,�UNDERSIGNED AUTHORITY PERSONALLY APPEARED ( / '. SHE IS A D6LY ;- -•.. ... WHO ON OATH SAYS THAT HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED DEPARTMENT OF THE SUN-SENTINEL. DAILY NEWSPAPER PUBLISHED IN BROWARD/PALM BEACH/DADE COUNTY. FLORIDA THAT THE ATTACHED COPY OF ADVERTISEMENT. BEING A NOTICE IN THE MATTER OF October 27, 1998 IN THE CIRCUIT COURT. WAS PUBLISHED IN SAID NEWSPAPER IN THE ISSUES OF C, 10/14 ,1z A9010520 AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER PUBLISHED IN SAID BROWARD/PALM BEACH/DADE COUNTY. FLORIDA. AND THAT THE SAID NEWSPAPER HAS HERETOFORE BFPN CONTINUOUSLY PUBLISHED IN SAID BROWARD/PALM BEACH/ DADE C TY. FLORI6AP EACH DAY. AND HAS BEEN ENTERED AS SECOND C, S MATTER AT THE POST OFFICE IN FORT LAUDERDALE. IN SAID BROWARD COUNTY. FLORIDA. FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF THE ATTACHED COPY OF ADVERTISEMENT: AND AFFIANT FURTHER SAYS THAT HE/SHE HAS NEITHER PAID NOR PROMISED ANY PERSON. FIRM OR CORPORATION ANY DISCOUNT. REBATE. COMMISSION OR REFUND FOR THE PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID NEWSPAPER. .. � .. 4. �... ...'i. .. . . .. . . ....... (SIGNATURE.OF. SWORN TO AND SUBSCRIBED BEFORE ME THIS 14 DAY OF OCTOBER A.D. 1994 (SIGNATURE OF NOTARY PUBLIf�, rani! ria'.i 4YfG111d1$SIUN •NAME... .. ..... . .. .. . . ...... .... ......... (NAME OF NOTARY TYPED. P INTED OR STAMPED) P ONALLY KNOWN . .... /. .. .... . . ..... OR PRODUCED IDENTIFICATION . ....... . ... .. ..