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HomeMy WebLinkAbout2023 Ordinance No. 044 1 ORDINANCE COUNCIL BILL NO. 45 NO. 44 INTRODUCED BY SERIES OF 2023 COUNCIL MEMBER RUSSELL AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE REGARDING CITY DEPARTMENTS, BY ADDING CITY CLERK DEPARTMENT, REVISING FINANCE DEPARTMENT, AND UPDATING FIRE DEPARTMENT DESCRIPTIONS. WHEREAS, due to City staff reorganization, City Clerk duties and direct reports have expanded significantly, and now include Civic Center HUB customer service staff, mail collection and distribution, and revenue-generating passport processing services; and WHEREAS, these expanded duties and staff—in addition to existing responsibilities for records management, alcohol and marijuana licensing, elections and agenda management-- merit the creation of a separate City Clerk department and designation of the City Clerk as a department director; and WHEREAS, the creation of a new department of City Clerk has no budgetary impact on the City of Englewood budget, and provides appropriate recognition of the importance of and expanded scope of the City Clerk’s Office, and WHEREAS, in order to establish a new administrative department the City Manager must have prior approval of the City Council by ordinance, as set forth under Article VII, Section 52(g) of the Englewood Home Rule Charter; and WHEREAS, because the City now contracts with Denver Fire for fire services, the Municipal Code Fire Department description requires revision to so reflect. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby amends Englewood Municipal Code Title 1, Chapter 6, Section 1-6-2 to read as follows (new provisions underlined): 1-6-2: Departmental Organization. A. The departmental organization of the City shall be divided under the City Manager into the following departments: City Clerk Community Development Finance and Administrative Services Fire Department DocuSign Envelope ID: 1E9033A5-E416-4464-B3BD-652F7E47C4F1 2 Human Resources Information Technology Parks, Recreation and Library Services Communications Police Department Public Works Utilities B. Reference to a department director in this Code by any title other than set forth in this Section shall be construed to refer to the department director as set forth herein. C. The City Manager may, on a temporary basis, reassign duties and responsibilities to departments in the best interests of the City. Section 2. The City Council of the City of Englewood, Colorado hereby amends Englewood Municipal Code to create Title 1, Chapter 6, Article L, Section 1-6L-1 to read as follows (new provisions underlined): ARTICLE L. CITY CLERK 1-6L-1: General Responsibilities. The Department of City Clerk shall serve as Clerk to City Council and be responsible for: municipal elections; citizen petitions; City Council-appointed Boards, Commissions, and Committees; alcohol, marijuana and other similar licensing; maintaining City records; and other responsibilities and duties assigned by the City Manager, City Charter, Englewood Municipal Code, or other applicable law. The Department Director shall be the City Clerk, unless otherwise designated by the City Manager. Section 3. The City Council of the City of Englewood, Colorado hereby amends Englewood Municipal Code Title 1, Chapter 6, Article C, Section 1-6C-1 to read as follows (new provisions underlined; deleted provisions struck through): ARTICLE C. - DEPARTMENT OF FINANCE AND ADMINISTRATIVE SERVICES 1-6C-1: - General Responsibilities. The Department of Finance and Administrative Services shall be responsible for the divisions of Tax and Licensing, Budget and Administration, Finance and Accounting, and ProcurementRevenue, Budget, Accounting, Purchasing, Print Shop and City Clerk. It shall be the duty of the Director to act as ex officio City Treasurer and Finance Director for the purposes of State statutes; to act to promote, secure and preserve the financial and property interests of the City in all cases where the duty is not expressly charged to any other department or office. DocuSign Envelope ID: 1E9033A5-E416-4464-B3BD-652F7E47C4F1 3 Section 4. The City Council of the City of Englewood, Colorado hereby amends Englewood Municipal Code Title 1, Chapter 6, Article D, Section 1-6D-1 to read as follows (new provisions underlined): 1-6D-1: - General Responsibilities. The Fire Department shall oversee all fire-related functions including suppression, prevention, administration, rescue and ambulance services, enforcement of regulatory provisions, formulate and control a hazardous materials community response plan and training. The Fire Department shall also oversee all functions of the Building and Safety Division. In lieu of a City-operated Fire Department, the City may contract with a third party for the provision of fire-related services; and in such case, the City Manager may permanently assign the remaining duties described herein to other City departments. Section 5. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. D. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. E. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be DocuSign Envelope ID: 1E9033A5-E416-4464-B3BD-652F7E47C4F1 4 necessary to implement the provisions of this Ordinance, including correction of any typographical errors discovered during codification. F. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced and passed on first reading on the 21st day of August, 2023; and on second reading, in identical form to the first reading, on the 11th day of September, 2023. Othoniel Sierra, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Stephanie Carlile DocuSign Envelope ID: 1E9033A5-E416-4464-B3BD-652F7E47C4F1