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HomeMy WebLinkAboutORDINANCE NO. 06-11-08ORDINANCE NO. 06-11-08 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 2, ADMINISTRATION, AND PROVIDING FOR INCLUSION AND IDENTIFICATION IN THE CODE OF ORDINANCES FOR THE CITY OF MILTON, GEORGIA TO BE REFERENCED IN THE FUTURE AS CHAPTER 2 (ADMINISTRATION) AS ATTACHED HERETO AND INCORPORATED HEREIN The Council of the City of Milton hereby ordains while in special session on the 21' day of November, 2006 at 4:30 pm. as follows: SECTION 1. That the Ordinance relating to Administration is hereby adopted and approved; and is attached hereto as if fully set forth herein; and, SECTION 2. That this Ordinance shall be designated as Chapter 2 of the Code of Ordinances of the City of Milton, Georgia; and, SECTION 3. That this Ordinance shall become effective on December 1, 2006. ORDAINED this the 21s' day of November, 2006. Attest: V,aatte R. Marchiafava, City Clerk Page 1 of 1 Approved: Joe Lo cwoq, ayor Chapter 2: Administration Article 1: General Provisions Section 1: Meeting Times (a) As described in the City of Milton Charter, Article III, Organization of Government, General Authority and Ordinances, Section 3.13, Meetings, the Council shall meet on the first and third Thursday of the month at 5:30 p.m. The Council may designate alternative meeting times and days so long as the time is published either electronically on the City website or through other means, including posting at the building designated as City Hall at least 24 hours before the meeting. (b) If the regular meeting falls on a City observed holiday, the Council may reschedule the meeting to the next Thursday, or any day which is conducive to a meeting, and publish the time change as described in subsection (a) of this section. (c) Special meetings may be called in accordance with the Charter, Article III, Organization of Government, General Authority and Ordinances, Section 3.13, Meetings. (d) Any meeting of the Council may be continued or adjourned from day to day, or for more than 1 day, but no adjournment shall be for a longer period than until the next regular meeting thereafter. (e) The initial meeting of the Council shall occur on November 14, 2006. Section 2: Compliance with State Law (a) All meetings shall be held in accordance with the Georgia Open and Public Meetings Act codified at O.C.G.A. § 50-14-1 et seq. (b) All City records subject to the Georgia Open Records Act, codified at O.C.G.A. 50-18-70 et sec , shall be available to the public. The City Clerk shall comply with any valid requests under the Georgia Open Records Act and prepare any materials requested. Section 3: Document Retention Pursuant to the Georgia Records Act, O.C.G.A. § 50-18-90 et sec , and the Record Retention Policy within the Financial Management Program, the City of Milton adopts the records management plan and record retention schedules recommended by the Georgia Secretary of State as amended from time to time by future ordinances of the Mayor and Council of the City of Milton. Pursuant to the Record Retention Policy within the Financial Management Program, the City Clerk shall coordinate all records management for the City including storage, archiving, and destruction of records. Records shall be maintained according to approved retention schedules. All requests made under the Georgia Open Records Act, -� O.C.G.A. § 50-18-70 et seMc , excepting standardized routine requests of the City of Milton Police Department, the City of Milton Fire Department, and the City of Milton Municipal Court Page 1 of 5 shall be made to the City Clerk. No record shall be destroyed except as provided in the approved Record Retention Policy; provided, however, a written record may be destroyed if it am" is otherwise preserved by means of microfiche, scanning, or other reliable photographic or digital means as permitted by law. Section 4: Fees The City Clerk shall charge the full amount permitted by Georgia law to copy the records subject to the Georgia Open Records Act. If compilation and replication of such documents takes more than fifteen (15) minutes, the City Clerk may charge an additional reasonable administrative charge. Section 5: Subpoenas (a) The Council, when sitting as a judicial or quasi-judicial body pursuant to public law, its charter, or its ordinances, shall compel the attendance of witnesses by subpoena under the same rules as prevail in the superior courts, and any witness who shall fail to respond to the subpoena, or who shall refuse to testify under oath, shall be guilty of contempt. (b) The subpoenas as authorized in the preceding section shall bear witness in the name of the Mayor; shall be issued by the City Clerk; and shall be served by the Chief of Police, any police officer, or by such other person as the Mayor may designate. (c) Should any person fail to respond to a subpoena of the Council, after having been lawfully served, without good cause, or should the person refuse to testify under oath, then the Council shall hold the person in contempt, and, in their discretion, punish the person by the imposition of a fine according to the maximum allowed by state law. Each of the failures or refusals herein described shall constitute a separate contempt. Section 6: Reimbursement and Travel (a) The Mayor and Council Members shall be reimbursed for their own reasonable expenses consistent with the Elected Officials Expenditure Policy within the Financial Management Program. (b) The City shall reimburse the Mayor or Council members for travel expenses consistent with the Elected Officials Expenditure, Travel and Meal Expenditure, and Expense/Expenditure Policies of the Financial Management Program. Article 2: Personnel Section 1: Personnel Manual The City Manager shall establish a personnel manual for all municipal employees. In addition to sections deemed necessary by the City Manager, the manual shall include policies FROM regarding equal employment opportunity, nondiscrimination, and sexual harassment. The manual will be updated from time to time as required by federal and state laws. Page 2 of 5 Section 2: Employees (a) In general, municipal employees shall be categorized as full-time, part-time or by terms decided by contract with the City. Employees will be paid on a schedule consistent with the operating cycle of the organization. (b) The City Manager shall have the authority to enter into contractual employment relationships between the City and third parties. The terms of these third party contracts will be established by the contract at the time of hiring. Procurement of such relationships shall be made in accordance with the City's Purchasing Policies within the Financial Management Program. Section 3: Job Descriptions The City shall maintain a job specification for each position held by a Municipal Employee. The City may provide a job specification for contracted positions. Such specification shall describe the duties of the position, the qualifications necessary, licenses required, to whom such employee reports, expected salary range, and such other information as is necessary to recruit for such position effectively. Such specifications may be amended from time to time by the City Manager. W -M Section 4: Benefits It shall be the policy of the City of Milton to attract and retain a qualified workforce through the provision of a comprehensive package of benefits. To that end, the City shall be authorized to contract with benefits providers for the purpose of providing insurance, retirement, pension plans and other benefits deemed necessary by the Council upon approval of the Personnel Policies by the City Council. Eligibility for benefits shall be specified in the Personnel Manual. The cost of benefits to employees shall be specified in the annual financial plan, as adopted by ordinance for the City. Section 5: Records The City shall keep such records and make such reports as may be required by applicable state or federal laws or regulations. Article 3: City Advisory Boards, Commissions, and Authorities Section 1: Authorization The Council may establish boards, commissions, and authorities pursuant to the City's Charter, Article IV, Administrative Affairs, Section 4.11, Boards. The City Manager or a designee shall oversee the meetings of each board, commission, or authority and is an ex - officio, non-voting, member of each. ..•.• Section 2: Duties Page 3 of 5 (a) Each board, commission, or authority shall, from time to time, propose policies and rrwr ordinances to the Council in the subjects germane to the board, commission, or authority. (b) This section shall not be interpreted to require Committee approval for a measure to be heard before the Council. (c) Members must attend two-thirds of meetings in a calendar year. Failure to do so warrants removal from the Committee by the Council. Section 3: Membership (a) Except as provided in subsection (b) below, the Council shall establish qualifications for members of each board, commission, or authority. Each member of a board, commission, or authority, other than members of the Council, shall be nominated in accordance with Article IV, Administrative Affairs, Section 4.11, Boards. (b) Each board, commission, or authority member must be a resident of the City of Milton. Should the Committee member move out of the City, he or she may remain active until the Mayor and Council appoint his or her replacement. Section 4: Terms mom (a) Each board, commission, or authority member shall serve a specified term pursuant to Article IV, Administrative Affairs, Section 4.11, Boards. Should no term specification be provided during the creation of a board, commission, or authority, no member shall serve for more than four (4) years. Consecutive terms are permissible. Section 5: Compensation Board, commission, or authority members shall be compensated in accordance with Article IV, Administrative Affairs, Section 4.11. Should no compensation be provided during the creation of a board, commission, or authority, members of such boards, commissions, or authorities shall serve without compensation. Section 6: Quorum A majority of actual Committee members establishes a quorum. Any action taken requires a majority of affirmative votes of the quorum present. Section 7: Procedure (a) Each of the boards, commissions, or authorities shall make its own rules of procedure and determine its time of meetings. The date and time of each meeting as well as agenda items to be considered shall be publicized in the same manner as meetings of the Mayor and Council. (b) All meetings at which official action is taken shall be open to the public and all records ■ HO maintained by the board, commission, or authority shall be public records unless expressly k Page 4 of 5 excepted by a provision of the Georgia Open Records Act. The boards, commissions, and authorities shall keep minutes of their formal proceedings, showing the vote of each member Ik" upon each question; and records of their examinations and other official actions, all of which shall be fled in the office of the City Clerk. Copies of the minutes shall be made available to the Mayor and each member of the City Council. The minutes of the meetings shall be a public record. This section shall not be construed as prohibiting closed sessions when permitted by the Georgia Open Meetings and Open Records Acts. (c) Expenditures of boards, commissions, or authorities, if any, shall be within the amounts appropriated for the purpose intended by the Mayor and Council during the annual budgeting process. Section 8: Training The Council may establish a mandatory training program for members of any board, commission, or authority. Article 4: City Departments Section 1: Authorization The following departments are hereby established by the Council: (a) Mayor and City Council; (b) City Manager's Office; (c) City Treasurer's Office and Department of Operations; (d) City Clerk's Office and Municipal Court; (e) Community Development; (f) Community Services; and (g) Public Safety. Section 2: Right of Contract The City may contract with third parties to provide all or portions of the functions of any municipal department. Section 3: Oversight (a) At the election of the City manager each department shall have a Department Head or its equivalent. That Department Head shall be responsible for the day-to-day management of each department and shall report and make recommendations to the City Manager from time to time. (b) The City Manager or his designate shall supervise each department. Page 5 of 5