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G23-10 (2) • f Ordinance No. G23-10 AN ORDINANCE AMENDING TITLE 2 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED. ENTITLED "ADMINISTRATION AND PERSONNEL" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 2.12.010 of the Elgin Municipal Code, 1976,as amended,entitled "Office Established; Appointment; Bond;" be and is hereby further amended to read as follows: "2.12.010 OFFICE ESTABLISHED; APPOINTMENT; BOND; The office of City Manager is established. The office of City Manager shall consist of the City Manager, the Assistant City Manager and such other employees as may be authorized by the City Council. The City Manager shall be appointed by the City Council for an indefinite term, as provided by law. Before taking office,the City Manager shall furnish a Fidelity bond in the amount of Five Thousand Dollars ($5,000), conditioned upon the faithful performance of his duties with a corporation licensed to do business in Illinois,as surety. Such bond shall be filed with the clerk after being approved by the City Council." Section 2. That Section 2.12.145 entitled"Assistant City Manager for Special Services". r Section 2.12.150 entitled "Budget and Public Information Officer" and Section 2.12.160 entitled ``Management Assistant" of the Elgin Municipal Code, 1976, as amended. be and are hereby repealed. Section 3. That Chapter 2.17 of the Elgin Municipal Code, 1976. as amended, entitled "Division of Fiscal Services" be and is hereby repealed. Section 4. That Chapter 2.18 of the Elgin Municipal Code, 1976, as amended. entitled "Division of Community Development" be and is hereby repealed. Section 5. That Chapter 2.19 of the Elgin Municipal Code, 1976. as amended. entitled "Division of General Services" be and is hereby amended in its entirety to read as follows: "CHAPTER 2.19 PUBLIC SERVICES DEPARTMENT 2.19.010 DEPARTMENT ESTABLISHED: A. There is established an administrative department of the City to be known as the Public Services Department. The Public Services Department shall include of the Public Works Department, the Engineering Department, the Department of Water and the Department of Building Maintenance. The Public Services Department shall consist of the Public Services Director and such other employees as may be authorized by the City Council. B. There is established the Office of Public Services Director. The Public Services Director shall be appointed by the City Manager. 2.19.020 PUBLIC SERVICES DIRECTOR; DUTIES: The Public Services Director shall be responsible for the oversight and coordination of the operations of the Public Works Department, the Engineering Department, the Department of Water and the Department of Building Maintenance and shall have such additional duties and responsibilities as assigned by the City Manager. The Public Services Director may also simultaneously serve as the Director of the Public Works Department,the Engineering Department,the Department of Water or the Department of Building Maintenance." Section 6. That Chapter 2.24 of the Elgin Municipal Code, 1976, as amended, entitled "Cemetery Department; Cemeteries"be and is hereby amended by amending the title thereof to read "Cemeteries". Section 7. That Section 2.24.010 of the Elgin Municipal Code, 1976,as amended,entitled "Cemetery Department Established" be and is hereby amended to read as follows: /�► "224.010 CEMETERIES: City cemeteries shall be maintained by the Public Works Department under the supervision of the Public Works Director. References in this chapter to the Superintendent shall mean the Public Works Director of the City." Section 8. That Section 2.24.030, entitled "Superintendent of Cemeteries; Assistant:", Section 2.24.040, entitled "Superintendent of Cemeteries; Duties:" and Section 2.24.050, entitled "Assistant Superintendent; Duties" of the Elgin Municipal Code, 1976, as amended, be and are hereby repealed. Such repealed sections shall be identified in this Code as "Reserved.- Section 9. That Chapter 2.28 of the Elgin Municipal Code, 1976, as amended, entitled "Planning and Neighborhood Services Department'be and is hereby amended in its entirely to read as follows: "CHAPTER 2.28 COMMUNITY DEVELOPMENT DEPARTMENT 2.28.010: DEPARTMENT ESTABLISHED: There is established an administrative department of the City government to be known as the Community Development Department. This department shall include the Planning and Neighborhood Services Division and the Building and Development Services Division. The department shall consist of the Community Development Director and such other employees as may be authorized by the City Council. 2.08.020: DIRECTOR; OFFICE ESTABLISHED: There is established the Office of Community Development Director. The Community Development Director shall be appointed by the City Manager. 2.08.030: DIRECTOR; POWERS AND DUTIES: A. The Community Development Director shall be the City's Chief Planner and shall be responsible for supervising the employees and the operations of the Planning and Neighborhood Services Division and the Building and Development Services Division. B. The Community Development Director shall be responsible and actively engaged in formulating and making recommendations for the orderly development and growth of the community,the Comprehensive Plan of the City,and the coordination of implementation of the Comprehensive Plan and related City codes. C. The Community Development Director shall be responsible for all planning activities. including: 1. To review all plats of subdivision, annexation plats, annexation agreements, and other development proposals to see that the same comply with the City's adopted plans and policies; 2. To prepare, maintain and administer the Comprehensive Plan and area plans; 3. To update and maintain impact fee, recapture, zoning and subdivision ordinances and programs; 4. To prepare studies, designs and plans as parts of the Comprehensive Plan; 5. To prepare statistical data and basic maps.charts and tables relative to the Comprehensive Plan; 6. To prepare technical reports on special planning programs; 7. To administer the Community Development Block Grant and Historic Architecture Grant Programs; 8. To conduct land use studies and analyses of changes in land use; 9. To analyze and prepare summary reports on economic, social, physical and population data and correlate such information with the Comprehensive Plan of the City; D. The Community Development Director shall also be known as the Building Official and the Code Official and shall be responsible for building and development activities including: 1. To meet and counsel with subdividers and developers relative to the City's Comprehensive Plan, zoning ordinance and other ordinances, in relation to their particular projects; to review all plats of subdivision and annexation plats submitted to the City and make comments relative to the same; and to review all site plans and plats of subdivision which are submitted to the City to see that the same comply with the general provisions of the Subdivision Ordinance and Zoning Ordinance of the City. 2. The enforcement of all building, health and zoning codes and ordinances of the City relating to the health and safety and the maintenance and preservation of property as found in this Code. 3. The Community Development Director shall advise and assist the various boards and commissions of the City involved in or concerned with the amendment or enforcement of the health,building,housing,food service, sanitation and safety codes of the City including, but not limited to,the Board of Health,the Building Commission,the Electrical Committee and the Plumbing Committee. 4. The Community Development Director or his designee shall attend all meetings of the Planning and Development Commission and committees thereof, ensure plans and recommendations of the Commission to be properly kept,and shall keep that body informed as to matters within its jurisdiction. The Director shall also maintain the records of the Commission and shall cause all matters requiring a public hearing within its jurisdiction to be brought to its attention. 5. The Community Development Director or his designee shall attend all meetings of the Zoning and Subdivision Hearing Board and committees thereof, ensure all plans and recommendations of the Board to be properly kept, and shall keep that body informed as to matters within its jurisdiction. The Director shall also maintain the records of the Board and shall cause all matters requiring a public hearing within its jurisdiction to be brought to its attention. 6. Notwithstanding the other provisions of this chapter, the Code Enforcement Manager shall report to and be supervised by the Assistant City Manager/Chief Operating Officer. E. The Community Development Director shall perform such other duties as directed by the City Manager or the Chief Development Officer or as otherwise provided in this code." r Section 10. That Title 2 of the Elgin Municipal Code, 1976. as amended. entitled "Administration and Personnel- be and is hereby further amended by adding a new Chapter 2.34 thereto entitled "Human Resources Department" to read as follows: "CHAPTER 2.34 HUMAN RESOURCES DEPARTMENT 2.34.010 DEPARTMENT ESTABLISHED: There is hereby established an administrative department of the City government to be known as the Human Resources Department. The Human Resources Department shall consist of the Human Resources Director and such other employees as may be authorized by the City Council. 2.34.020 DIRECTOR; OFFICE ESTABLISHED: There is established the office of Human Resources Director. The Human Resources Director shall be appointed by the City Manager. 2.34.030 DIRECTOR; POWERS AND DUTIES: The Human Resources Director shall be responsible for supervising the employees and the operations of the Human Resources Department. The Human Resources Director shall also be responsible for certain administrative matters concerning City employees as determined by the City Manager including recruitment, training and employee benefits. The Human Resources Director shall perform such other duties as directed by the City Manager or as otherwise provided in this Code." Section 11. That Chapter 2.36 of the Elgin Municipal Code, 1976, as amended, entitled "Department of Finance" be and is hereby amended in its entirety to read as follows: "CHAPTER 2.36 FISCAL SERVICES DEPARTMENT 2.36.010 DEPARTMENT ESTABLISHED: There is hereby established an administrative department of the City'government to be known as the Fiscal Services Department. The Fiscal Services Department shall include the Accounting Division, Citizen and Customer Services Division, Office of Budget and Performance Measurement and the Procurement and Central Services Division. The department shall consist of the Fiscal Services Director and such other employees as may be authorized by the City Council. r 2.36.020 DIRECTOR; OFFICE ESTABLISHED: There is established the office of Fiscal Services Director. The Fiscal Services Director shall be appointed by the City Manager. The Fiscal Services Director shall be the Chief Financial Officer of the City and shall also be known and referred to in this Code and otherwise as the Chief Financial Officer or the Director of the Department of Finance. 2.36.030: DIRECTOR; POWERS AND DUTIES: A. The Fiscal Services Director shall be the City's Chief Financial Officer and shall be responsible for supervising the employees and the operations of the Fiscal Services Department. B. The Fiscal Services Director shall be responsible for all aspects of the City's finances including, but not limited to, accounting and internal auditing, assisting with budget formulation and execution, assisting with the annual appropriation and tax levy ordinances, collection of revenues, billing, payment of bills, disbursements, investment of City funds, treasury and debt administration,preparation of financial reports and statements and auditing. The Fiscal Services Director shall be eligible for appointment as the City Treasurer without additional compensation and if so appointed shall also perform the duties as City Treasurer as provided by law. C. The Fiscal Services Director shall perform such other duties as directed by the City Manager or as otherwise provided by this Code or as otherwise provided by law. 2.36.040 BUDGET AND PURCHASING OFFICER; ESTABLISHED; POWERS AND DUTIES: There is established the office of Budget and Purchasing Officer. The Budget and Purchasing Officer shall also be known and referred to in this Code as the Purchasing Director or the Purchasing Agent. The Budget and Purchasing Officer shall be responsible for supervising the operations of the Office of Budget and Performance Measurement and the Procurement and Central Services Division. The Budget and Purchasing Officer shall also be responsible for budgeting and procurement activities including: A. Budget Officer duties as provided by statute, by this Code and as assigned by the City Manager; B. Establishing purchasing procedures for the departments of the City which are consistent with the City's procurement ordinance and this Code including the following powers and duties: 1. To purchase or contract for all supplies and contractual services needed by any City department in accordance with purchasing procedures as prescribed by the ordinances of the City. r 2. To act to procure for the City the highest quality in supplies and contractual services at the least expense to the City. 3. To prevent uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales. 4. To open all sealed bids unless otherwise provided by law; be responsible for tabulating all bids or review bid tabulations prepared by the using Department. 5. To trade in, sell or dispose of such materials, supplies or equipment of the City as may become surplus, obsolete or unusable. 6. To keep informed of current developments in the field of purchasing, prices, market conditions and new products, and secure for the City the benefits of research done in the field of purchasing by other governmental jurisdictions. national technical societies,trade associations having national recognition.and by private businesses and organizations. 7. To prescribe and maintain such forms as the Budget and Purchasing Officer shall find reasonably necessary to the operation of the Procurement and Central Services Division and the implementation of the purchasing procedures as prescribed by the ordinances of the City. 8. To prepare and adopt a standard purchasing nomenclature for use of departments, vendors and suppliers. 9. To prepare, adopt and maintain a vendors and suppliers list and catalog file. 10. To prepare, adopt and maintain a contract administration system designed to ensure that contractors are performing in accordance with the terms and conditions of contracts which are awarded. Such a contract administration system shall include a reporting system for using departments so as to allow regular reports to the Budget and Purchasing Officer on contract performance. 11. To preserve the integrity of the purchasing system. 12. To perform such other duties as directed by the City Manager or as otherwise provided by this Code or by law." Section 12. That Chapter 2.37 of the Elgin Municipal Code, 1976, as amended, entitled "Department of Management Information Services" be and is hereby amended by amending all references therein to "Management Information Services" to read "Information Technology Services". Section 13. That Chapter 2.38 of the Elgin Municipal Code, as amended, entitled "Department of Purchasing" be and is hereby repealed. Section 14. That Chapter 2.44 of the Elgin Municipal Code, 1976, as amended, entitled "Law Department" is hereby further amended in its entirety to read as follows: "CHAPTER 2.44 LAW DEPARTMENT 2.44.010: DEPARTMENT ESTABLISHED: There is established an executive department of the City government to be known as the Law Department.The Law Department shall consist of a Corporation Counsel and such other employees as may be authorized by the City Council. 2.44.020 POSITION ESTABLISHED: There is established the office of Corporation Counsel who shall be the Chief Legal Officer of the City. The Corporation Counsel shall be appointed by the City Manager. 2.44.030 CORPORATION COUNSEL; DUTIES: rA. The Corporation Counsel shall be responsible for supervising the employees and the operations of the Law Department. B. The Corporation Counsel shall be the chief legal officer of the City. It shall be the duty of the Corporation Counsel to prosecute or defend or supervise the prosecution or defense of all suits of any nature which may be begun by or against the City,or in which the City may be an interested party. He shall supervise all matters pertaining to special assessments. He shall see to the enforcement or collection of all judgments, orders and decrees entered in favor of the City. He shall be the chief legal adviser to the City Council and he shall give advice and opinions upon request on any legal subject upon request of the Council. He shall attend all regular and special meetings of the Council, and assist the Council in its deliberations upon the request of any member. C. The Corporation Counsel shall approve all contracts, leases, assignments,deeds, easements or other legal documents entered into or executed by or on behalf of the City before the same shall be executed,provided that this provision shall not be construed as affecting the legality and validity of any such instrument which has been executed without the approval of the Corporation Counsel. D. The Corporation Counsel shall have charge of all prosecutions for ordinance violations. r E. The Corporation Counsel shall also serve as the City's Chief Development Officer. The duties of the Chief Development Officer shall include general oversight of the Community Development Department,the coordination of development activities with all of the various City departments and such other duties directed by the City Manager. The Corporation Counsel shall also be known and referred to as the Corporation Counsel/Chief Development Officer. F. The Corporation Counsel shall supervise the Office of Professional Standards and the Professional Standards Officer. The Office of Professional Standards shall be the investigative authority and the Professional Standards Officer shall have the authority to investigate, and to issue findings for, all internal investigations regarding City officers or employees and regarding the operations of City departments,programs,functions and those doing business with the City. All such investigations shall be conducted under the authority of the Professional Standards Officer. The Professional Standards Officer shall review all investigations. All City officers,employees and City contractors are required to cooperate in investigations with the Professional Standards Officer or with individuals assigned by the Professional Standards Officer to conduct such investigations. Other City officers or employees assigned to conduct internal investigations by the Professional Standards Officer shall report on such investigations directly to the Professional Standards Officer. The Professional Standards Officer shall have the authority to prepare and issue rules and procedures with respect to investigations. The Professional Standards Officer shall perform such other duties as directed by the City Manager or by the Corporation Counsel or as otherwise provided in this Code. G. The Corporation Counsel shall also serve as the City's Risk Management Officer. H. The Corporation Counsel shall also supervise the employees and the operations of the Office of the City Clerk. I. The Corporation Counsel shall perform such other duties as directed by the City Manager or as otherwise provided in this code.- Section 15. That Chapter 2.65 of the Elgin Municipal Code, 1976, as amended, entitled '`Department of Code Administration and Development Services"be and is hereby amended in its entirety to read as follows: "CHAPTER 2.65 CODE ENFORCEMENT DEPARTMENT 2.65.010 DEPARTMENT ESTABLISHED: There is established an administrative department of the City government to be known as the Code Enforcement Department. This department shall consist of the Code Enforcement Manager and such elk other employees as may be authorized by the City Council. 2.65.020 OFFICE ESTABLISHED: There is established the office of Code Enforcement Manager. The Code Enforcement Manager shall be appointed by the City Manager. 2.65.030 CODE ENFORCEMENT MANAGER; POWERS AND DUTIES: The Code Enforcement Manager shall be responsible for the supervision of the employees and the operations of the Code Enforcement Department. The Code Enforcement Manager shall also be responsible for the enforcement of all building, property maintenance, health and zoning code and ordinances of the City relating to the health and safety and the maintenance and preservation of property as found in this Code. The Code Enforcement Manager shall perform such other duties as directed by the City Manager or otherwise provided in this Code.'' Section 16. That Chapter 2.68 of the Elgin Municipal Code, 1976, as amended, entitled "Department of Public Works and Engineering"be and is hereby amended in its entirety to read as follows: "CHAPTER 2.68 PUBLIC WORKS DEPARTMENT 2.68.010 DEPARTMENT ESTABLISHED: There is established an administrative department of the City government to be known as the Public Works Department. The department shall consist of the Public Works Director and such other employees as may be authorized by the City Council. 2.68.020 DIRECTOR; OFFICE ESTABLISHED: There is established the office of Public Works Director. The Public Works Director shall be appointed by the City Manager. 2.68.030 DIRECTOR; POWERS AND DUTIES: The Director of Public Works shall be responsible for the supervision of the employees and the operations of the Public Works Department. The Director of Public Works shall also be responsible for the maintenance of all City buildings and properties not assigned to another City department for maintenance including, but not limited to, streets, sidewalks, storm sewers, sanitary sewers, lift stations,traffic signals, street lights, street signs,parking garages,parking lots,equipment,buildings, cemetery and other property. The Director of Public Works shall also be responsible for the supervision of the contract for the collection and disposal of garbage and refuse,the installation and maintenance of traffic signs and traffic control devices, the removal of snow and control of ice and other material upon the City streets and the removal of leaves from City streets in areas designated for street removal. The Director of Public Works shall also be responsible for overseeing construction on City property. The Director of Public Works shall perform such other duties as directed by the City Manager or otherwise provided in this Code." Section 18. That Title 2 of the Elgin Municipal Code, 1976, as amended. entitled "Administration and Personnel" be and is hereby further amended by adding a new Chapter 2.69 thereto entitled "Engineering Department" to read as follows: "CHAPTER 2.69 ENGINEERING DEPARTMENT 2.69.010 DEPARTMENT ESTABLISHED: There is established an administrative department of the City government to be known as the Engineering Department. This department shall consist of the City Engineer and such other employees as may be authorized by the City Council. 2.69.020 POSITION ESTABLISHED: There is established the office of City Engineer. The City Engineer shall be appointed by the City Manager. 2.69.030 CITY ENGINEER; POWERS AND DUTIES: The City Engineer shall be responsible for the supervision of the employees and the operations of the Engineering Department. The City Engineer shall also be responsible for all City engineering including engineering relating to traffic. construction, planning, design and inspection. The City Engineer shall also be responsible for the review of all subdivision plans and engineering plans submitted to the City. The City Engineer shall perform such other duties as directed by the City Manager or otherwise provided in this Code." Section 19. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 20. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. d Schock, Mayor r Presented: May 12, 2010 Passed: May 12, 2010 Vote: Yeas: 7 Nays: 0 Recorded: May 13, 2010 Published: May 14, 2010 Attest: Diane Robertson, City C rk • r r