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HomeMy WebLinkAboutReorganizing the Structure the Executive Brnach of goverment of City of South BendORDINANCE No. 5390 -72 Passed by the Common Council of the City of South Bend, Indiana May 1 e �9 72 IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, MAY 11 72 Clerk of Common Council IRENE K. GAMMON Approved and signed by me MAY 11 to 72 Clerk ORDINANCE NO. 5390 -72 AN ORDINANCE REORGANIZING THE STRUCTURE OF THE EXECUTIVE BRANCH OF GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA. STATEMENT OF PURPOSES AND INTENT City government is the level of government which ultimately must deliver most of the public services to the people. In the past decade the public has markedly increased its demands for governmental services -- both the quality and quantity of such services. Government has thus become increasingly complex. In the City of South Bend, as in most cities, however, the machinery for delivering such services is not geared to meet such demands or to deal with such complexity. The primary defect in the machinery is fragmentation of authority resulting in critically inadequate planning, coordination, and accountability, the three ingredients necessary to an efficient and effective government which is responsive to the needs and demands of the people. In sum, the responsibilities of city government have increased tremendously, but the structure, authority and tools with which government officials are provided are woefully inadequate to meet those responsibilities. Additionally, the cost of providing government services has increased in direct proportion to the increasing complexity of govern- ment. Yet at the same time public willingness to pay the increased costs has waned because of the waste and inefficiency resulting from archaic governmental machinery. Therefore, the Common Council concludes that public demands for more and better governmental services require a substantial and fundamental streamlining of governmental machinery in order to deliver better services and at a cost which the public is willing to pay. The City of South Bend is authorized by IC 1971, 18 -1 -6.5 (enacted February 18, 1972) to reorganize its executive branch of government, and accordingly the Common Council determines that, in order to effectively and economically meet its increasing responsi- bilities, the City must establish a departmental form of executive government as provided in this Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. Articles 4 through 6, Division 1 of Article 7, Article 8 and 9, Articles 12 and 13, and Article 15 of Chapter 2 of the Municipal Code of the City of South Bend, Indiana, are hereby repealed. SECTION 2. Articles 10 and 11, Article 14, and Articles 16 through 19 of Chapter 2 of the Municipal Code of the City of South Bend, Indiana, are hereby redesignated as Articles 8 through 14, respectively. Divisions 2 and 3 of Article 7 of said Chapter 2 are redesignated as Divisions 1 and 2, respectively, of Article 15 of said Chapter 2. The section numbers of said Articles shall be re- designated to correspond sequentially with the other sections of said Chapter 2. SECTION 3. Chapter 2 of the Municipal Code of the City of South Bend, Indiana, is hereby amended by the addition thereto of the following new Articles 4 and 5: Page 2"- =- "ARTICLE 4. EXECUTIVE AGENCIES: GENERAL PROVISIONS "Sec. 2 -20. Creation of Departments. (a) The following executive Departments are hereby established as the principal executive agencies of the City: 1. Law 2. Administration and Finance. 3. Human Resources and Economic Development. 4. Public Safety. 5. Public Works. 6. Parks and Recreation. (b) Each other executive board, commission, authority, department, office, division, and bureau shall be placed by the Mayor within a principal executive Department. (c) The head of each Department may establish, abol- ish, and consolidate such offices, divisions, and bureaus within such Department as deemed necessary to the proper and efficient operation of the Department, but subject to the availability of appropriated funds within the Department. (d) The head of each principal executive Department may exercise supervisory and coordinative author- ity over all executive boards, commissions, author- ities, departments, offices, divisions, and bureaus within the jurisdiction of said principal executive Department, except where prohibited by state law. (e) No power granted by any provision of this Code may be exercised or interpreted in such a way as to remove or conflict with any vested authority or right granted by Indiana law to any executive board, commission, authority, department, office, division, or bureau. "Sec. 2 -21. Department Directors: Cabinet; Compensation; General Responsibilities; Delegation; Coordination; Delivery of Records. (a) The head of each executive Department shall be appointed by the Mayor and shall serve at the pleasure of the Mayor. The head of each executive Department shall be designated as the Director thereof, except that the head of the Department of Law shall be designated the City Attorney. The heads of the executive Departments shall consti- tute the Mayor's Cabinet Officers, and shall re- ceive such compensation as is established by or- dinance. (b) The Director of each Department shall determine the professional, technical, secretarial, clerical and other positions which are necessary to the proper and efficient administration of the Depart- ment, but subject to the availability of appro- priated funds within the Department. All personnel within each Department, except the Department of Parks and Recreation, shall be appointed by the Page 3 Mayor upon recommendation of the Director and shall be subject to removal by the Mayor at any time as provided by law. (c) The Director of each Department shall be res- ponsible for the direction of all duties and functions of all agencies within the Department and for the coordination of related duties and functions between or among agencies within the Department. (d) The functions and duties imposed upon each De- partment shall be performed by the Director, or, subject to the Director's supervision and direction, by such officers, employees, or agencies within the Department; except that no Director may dele- gate his duty (1) to administer and supervise his Department, (2) to serve on any board, commission, or authority (3) to issue rules or regulations, as prescribed by law, or (4) to have the ultimate responsibility for the proper performance of the duties and functions vested in his Department. (e) The Directors of the Departments shall establish systems of coordination of related duties and functions between or among their respective De- partments, and shall establish systems of coor- dination and cooperation with agencies of township, county, state, and federal governments and with quasi - public and non - public agencies and associa- tions. The Director of the Department having the primary responsibility for a program, project, or function shall take the initiative in establishing communication and coordination with such other Departments, agencies, and associations which have secondary responsibilities for or interest in such program, project, or function. (f) The books, records, documents, letters, and other papers created or received by any officer or em- ployee of the City in the performance of his offi- cial duties are the property of the City, and, un- less otherwise provided by law, shall be preserved, and shall be delivered by him to his successor in office. No such officer or employee may refuse or willfully neglect to deliver such books, records, documents, letters, or papers to his successor in office. "Sec. 2 -22. Departments: General Powers and Duties. (a) The City shall exercise such powers and perform such duties and functions as are prescribed by state law. (h) Each Department shall exercise such powers and perform such duties and functions as are speci- fically prescribed by law and as directed by the Mavor. Page 4 "Sec. 2 -23. Rules and Regulations. (a) The Director of each Department shall, in concert with the Department of Law, prescribe and promul- gate such rules as are necessary to the proper ad- ministration of the Department, to the conduct of its officers and employees, to the distribution and performance of its duties and functions, and to the custody, use, and preservation of its records, papers, and property, and, subject to the approval by the Mayor, such regulations as are authorized by law. No such rule or regulation may conflict with any law or any executive order of the Mayor. (b) The Director of each Department may amend, revise, or repeal any rules and, subject to approval by the Mayor, any regulations of the Department. (c) In order to be effective, all regulations, and any amendment, revision, or repeal thereof, shall be in writing, and, after the effective date of these pro- visions, shall be filed with the City Clerk. (d) For the purposes of this Chapter, the term 'rule' shall refer to the management of the internal ad- ministration of the executive agencies, and the term 'regulation' shall refer to the imposition of an agency's powers on the public. "Sec. 2 -24. Budgets. The Director of each Department shall prepare and submit to the Department of Administration and Finance by July 1 of each year the proposed budget of such Department of the subsequent fiscal year. The heads of every agency within each Department shall cooperate with and assist the Director in preparation of the Department's budget. "Sec. 2 -25. Annual Reports. The Director of each Department and the presiding officer of each executive board, commission, and authority, shall prepare and submit to the Mayor and the Council by May 1 of each year, a re- port of the functions, projects and activities of such Department, board, commission, or authority for the preceding fiscal ,year. "Sec. 2 -26. Participation in State and Federal Programs. (a) No executive agency of the City may participate in, or negotiate and contract for participation in, any state or federally assisted programs or projects without prior approval of the Mayor and, where re- quired by state or federal law or regulation, with- out approval by the Council. (b) All monies under state and federal programs and projects shall be received by the City Controller and shall be deposited in special funds. "ARTICLE 5. COMMISSIONS, BOARDS, AND AUTHORITIES. "Sec. 2 -50. The Boards of Public Safety and of Public Works. (a) Pursuant to the provisions of IC 1971, 18- 2 -1 -4.4 (Burns, 48- 1216), there are hereby established the Page 5' "Sec Board of Public Safety and the Board of Public Works, referred to collectively in the remainder of this Section as the Boards. (b) The Boards shall each consist of three (3) members. One (1) member of the Board of Public Safety shall be the Director of the Department of Public Safety and one (1) member of the Board of Public Works shall be the Director of the Department of Public Works. The other two (2) members of each Board shall be appointed by the Mayor to serve at his pleasure. The members of the Boards shall be legal residents and freeholders of the City. Each member of the Boards shall receive such compensation for his services as established within the annual bud- get for the respective Department of Public Safety and of Public Works, except that any member of either Board who holds another remunerative posi- tion within the City may not receive any additional compensation for services performed as a Board Member. (c) The Mayor shall appoint a clerk for each Board, who shall receive a salary as established within the annual appropriation for the respective Departments; provided that the Mayor may appoint one (1) clerk to serve as the clerk for both Boards at a single salary to be established in the annual budget. (d) Each member of the Board, before assuming the duties of office, shall furnish a bond payable to the City and conditioned upon the faithful performance of his duties, except that any member who has fur- nished a bond to the City in at least the prescribed amount in connection with any other City position held by such member need not furnish an additional bond. Said bonds shall be in the amount of $5,000. (e) The members of each Board shall elect a president for such Board from among its number at the first meeting of such Board after each mayoral election. A president may be replaced by the members of the Board. (f) The duties of the Boards shall be as prescribed by state law or ordinance; except that the admin- istrative functions and powers of each Board may be delegated by such Board to the Directors of the Departments of Public Safety and of Public Works, respectively. 2 -51. Area Planning. (a) The provision of IC 1971, 8 18 -7 -4 -1 et seq. (Burns' Stat. 8 53 -1001 et seq.) pertaining to area planning are adopted. (b) The Area Planning Dena,rtment as esta.hlished effect- ive January 1, 1965, is hereby continued. The re- presentatives of the City to the Area Plan Commis- sion shall be seven (7) in number as provided by law, as follows: Page 6 1. A member of the Board of Public Works, to be selected by the Mayor. 2. A member of the Council, to be selected by the Council. 3. Five (5) citizen members appointed by the Mayor. The term of the five (5) citizen members shall be for four (4) years, except that any member appointed initially for a shorter term shall serve such shorter term. Terms shall expire on January 1. A member may be reappointed. The members of the Board of Public Works and the members of the Council shall serve at the plea- sure of the Mayor and Council, respectively. (c) The resources of the Area Planning Department shall be utilized by the executive Departments of the City in the development of projections and plans within their respective areas of responsibility. "Sec. 2 -52. A.C.T.I.O.N., Inc. A.C.T.I.O.N., Inc., a private, non - profit corporation, is designated as the Community Action Agency for the City,to administer anti - poverty programs provided for in the federal Economic Opportunity Act of 1964, as heretofore or hereafter amended. "Sec. 2 -53. Department of Redevelopment. (a) The South Bend Department of Redevelopment, pre- viously established as an executive department of the City, is hereby continued, but for organization- al purposes shall be included within the Depart- ment of Human Resources and Economic Development. Said Department of Redevelopment shall be directed by a board of five (5) members, to be known as the 'South Bend Redevelopment Commission'. The Mayor is authorized to appoint the five (5) South Bend Redevelopment Trustees pursuant to the provisions of state law. (b) The Department of Redevelopment shall exercise the powers granted by and perform the duties and func- tions imposed by state law. Said Department shall cooperate and coordinate its duties and functions with the Department of Human Resources and Economic Development in order to establish and achieve goals and policies for the City in the areas of community renewal and development. "Sec. 2 -54. Housing Authority; Economic Development Commis- sion. The South Bend Housing Authority and the South Bend Economic Development Commission, previously established as executive agencies of the City, are hereby continued, but for organizational purposes, they shall be within the Department of Human Resources and Economic Development. Said Authority and said Commission shall exercise the powers granted by and perform the duties and functions imposed by state law. They shall cooperate and coordinate their duties and func- tions with the Department of Human Resources and Economic Development in order to establish and achieve goals and policies for the City in the areas of housing and economic development. Page 7 "Sec. 2 -55. Model Neighborhood Planninq Agency. The South Bend Model Neighborhood Planning Agency, previously established as an executive agency of the city, is hereby continued within the Department of Human Resources and Economic Development. Said agency shall administer the Model Cities provisions of the Demon- stration Cities and Metropolitan Development Act of 1966, as hereto- fore or hereafter amended." SECTION 4. Section 20 -28 of Chapter 20 of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read as follows: "Sec. 20 -28. Department of Public Safety to administer and enforce this Article. The Department of Public Safety is hereby designated as the Department of the City responsible for the removal, storage, and disposal of abandoned vehicles within the meaning and purposes of the Abandoned Vehicle Act, enacted by the 1969 Indiana General Assembly, and as amended." SECTION 5. After the implementation of the respective pro- visions of this Ordinance, all property, books, papers, and documents of the pre-existing executive agencies of the City of South Bend, Indiana, shall be transferred to and shall become the property of the appropriate executive Departments and established hereby. SECTION 6. (a) If any provision of this Ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity will not affect other provisions or applications of this Ordinance which can be given effect without the invalid pro- visions or application, and to this end the pro- visions of this Ordinance are declared severable. (b) No provision in this Ordinance may be implemented or interpreted to conflict with the retirement and other City employee fringe benefits created by Indiana law. (c) No provision of this Ordinance may be implemented or interpreted to remove or conflict with any vested authority or rights granted any function, department, commission, board or authority of the City of South Bend, Indiana, which is granted by Indiana law. SECTION 7. This Ordinance shall become effective from the date of its approval by the Mayor, and the provisions of this Ordinance shall thereafter be implemented by the Mayor as he deems expedient to the effective and efficient reorganization of the executive branch of the City of South Bend, Indiana, subject to the availability of appro- priated funds. Member or t South Bend, .a 4-10 ist & 2nd READING 5 7� COMMITTEE OF. THE MIKE PUBLIC HEARING S• I - I )_ 3rd READING 5 -1 - -7 2- NOT APPRMO REFERRED PASSED S- -7 a HEED iN CCOWS OFFICE Irene Gammon CITY CLERK. $OUT" UND. IND. APR 2 7 197? fQI1matturr arport May 1, 1972 t(10 tkr (IInmmnn (founrit of Or taitg of #vW# Tkub- Your Committee of the Whole to whom was referred An Ordinance reorganizing the structure of the Executive Branch of Government of the City of South Bend, Indiana. Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. Odell Newburn Chairman FPE[ pPE99 p118L19NIN6 CO.