HomeMy WebLinkAbout2002-6-6539(791J. %NU-
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ORDINANCE NO. 2002- (o - (0539
AN ORDINANCE ESTABLISHING DEPARTMENTS OF THE CITY
OF PADUCAH AND DEFINING THE DUTIES OF THE DEPARTMENT HEADS
AND AMENDING VARIOUS SECTIONS OF CHAPTER TWO OF THE CODE OF
ORDINANCES, INCLUDING ARTICLE II, DIVISION 3, NONELECTED OFFICIALS
AND ARTICLE V, DIVISIONS 1, 2, AND 4
SECTION 1. That Sec. 2-93, City Manager of Chapter 2, Administration,
of the Code of Ordinances of the City of Paducah, Kentucky is hereby amended to read
as follows:
"Sec. 2-93. City Manager.
(a) Office established. The office of City Manager is established.
Qualifications for the office shall include, but not be limited to, professional training or
administrative qualifications, with special reference to actual experience in or knowledge
of accepted practice regarding duties of the office, and shall also include, but not be
limited to:
(1) Being responsible to the Board of Commissioners for the proper
administration of all duties imposed upon him by ordinance;
(2) Recommending to the Board, subject to any statute, ordinance, or
contract which relates to the appointment, tenure, or removal of
any employee, the appointment, and, when necessary for the good
of the service, the removal, of subordinate employees and officers
of the city. No officer or employee of the city shall be appointed or
removed except through action by the Board, except that the City
Manager may fill vacancies in the classified service pending the
appointment by the Board and may employ personnel for
temporary positions subject to such conditions as may be imposed
by the Board;
(3) Preparing the budget, submitting it to the Board, and being
responsible for its administration after adoption;
(4) Preparing and submitting to the Board at the end of each fiscal year
a complete report on the finances and administrative activities of
the city for the preceding year;
(5) Keeping the Board advised of the financial condition and future
needs of the city and making recommendations as he deems
desirable;
(6) Maintaining liaison with related units of local government
respecting interlocal contracting and joint activities;
(7) Supervising all departments of city government and the conduct of
all city officers and employees under his jurisdiction and requiring
each department to make reports to him as required by ordinance
or as he deems desirable;
(8) Performing other duties required of city executive authorities by
statute or required of him by the Board not inconsistent with this
section; and
(9) Determining the acceptability of all gifts for designated purposes
other than operations or facilities now operated or owned by the
city.
(b) Appointment, removal. The Board shall appoint a City Manager by
a majority vote of all its members. The City Manager shall be appointed for an indefinite
term and may be removed only by a majority vote of all Board members. At least 30 days
before such removal shall become effective, the Board shall by a majority vote of all its
members adopt a preliminary resolution stating the reasons for his removal. The City
Manager may reply in writing and may request a public hearing which shall be held not
earlier than 20 days nor later than 30 days after the filing of the request. After the public
hearing, if requested, and after full consideration, the Board by majority vote of all its
members may adopt a final resolution of removal. By the preliminary resolution the
Board may suspend the City Manager from duty, but shall in any event cause to be paid
to him any unpaid balance of his compensation and compensation for the next calendar
month following adoption of the preliminary resolution.
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(c) Powers and duties. The City Manager shall be the chief
administrative officer and exercise those executive powers and duties delegated to him by
ordinance and statute. He shall enforce the City Manager plan, city ordinances, and all
applicable statutes. Subject to approval of the Board, the City Manager shall promulgate
procedures to insure orderly administration of the functions of city government and
compliance with statutes or ordinances. Any delegation of the City Manager's duties or
responsibilities to subordinate officers and employees shall be made by municipal order,
except that all bonds, notes, contracts, and written obligations of the city according to
ordinance or resolution shall be made and executed by the Mayor on behalf of the city.
Upon promulgating any new or changed administrative procedure or approving an
administrative procedure promulgated by a department director, the citesy manager will
distribute copies of the new or revised administrative procedure to the Mayor and each
Commissioner. The Commission may adopt a municipal order to amend or withdraw any
administrative procedure promulgated by the city manager.
(d) Compensation. The annual rate of compensation for the City
Manager shall be paid at the times other city salaries are paid, and shall be exclusive of
the compensation, if any, paid to him as a member of the Electric Plant Board of the city.
(e) Benefits. The City Manager may, at his option, be placed under the
Kentucky County Employees Retirement System or a benefit plan may be selected or
designated by the City Manager and methods of payments therein may also be selected or
designated by the City Manager.
(f) Oath. No person shall be appointed or act as the City Manager
unless that person has taken the oath required by section 228 of the Constitution of the
Commonwealth of Kentucky.
(g) Bond. The City Manager shall execute an official bond as set forth
in section 2-51(b).
(h) Acting City Manager.
(1) There is hereby created for the city the position of Acting City
Manager, which position shall be filled by motion of the Board of
Commissioners of the city, and the person so appointed shall be
empowered to sign all checks and other documents which the City
Manager is authorized to sign by law or by ordinance, and to
perform such other duties as may be required of the City Manager
during and only during such times as the duly appointed City
Manager is absent from the city or unable to attend to the duties of
his office, or when a vacancy may be created by the resignation,
removal or death of the City Manager.
(2) The Acting City Manager shall serve without compensation at the
pleasure of the Board of Commissioners, and the person so
appointed may be removed or replaced at any time by a majority of
the Board of Commissioners.”
SECTION 2. That Sec. 2-94, Finance Director of Chapter 2,
Administration, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby
amended as follows:
"Sec. 2-94. Finance Director.
(a) Department of Public Finance estabhshe,4 'T'here is hereby _ _ *_a
establishedand The Department of Public Finance, shall have chargeµ
and control of the collection, receipt, deposit and disbursement of all public funds of the
city.
(b) Director of Department. The director of the Department of Public
Finance shall be called the Finance Director (and shall also handle all City Treasurer
functions).
(c) Acting Finance Director. In the absence of the Finance Director or
in the event of a vacancy in this office, the City Manager may appoint an Acting Finance
Director who shall temporarily perform the duties of the office.
(d) Duties.
(1) The Finance Director shall work under the supervision of the City
Manager and shall furnish to the City Manager any financial
information required by the City Manager to carry out his own
responsibilities.
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(2) The Finance Director shall make daily deposits of all funds
received by him during the preceding 24 hours, and shall furnish to
the City Manager, at any time when demanded, a certificate from
the depository or depositories of such funds, showing the balance
on hand to the credit of the city. He shall furnish such other
information, upon demand, as may be required by the City
Manager, showing the amount of funds on hand, whether on
deposit or not, and showing the account to which they are properly
credited.
(3) All checks drawn upon public funds deposited by the Finance
Director, except as otherwise provided by ordinance, shall be
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signed by the Finance Director and countersigned by the City
Manager, or by the Acting Finance Director or Acting City
Manager while either are working in an official capacity."
SECTION 3. That Sec. 2-211, Establishment, of Article V, Departments,
Division 1, Generally, of Chapter 2, Administration, of the Code of Ordinances of the
City of Paducah, Kentucky is hereby created to read as follows:
DIVISION 1. GENERALLY
Sec. 2-211. Establishment.
The following departments of the city are hereby established under the
direction and supervision of the city manager:
Administrative;
Finance;
Personnel;
Police;
Fire;
Public Works
Engineering;
- Parks Services
Planning
Inspections.
SECTION 4. That Sec. 2-212, Duties of Department Heads, of Article V,
Departments, Division 1, Generally, of Chapter 2, of the Code of Ordinances of the City
of Paducah, Kentucky, is hereby created to read as follows:
Sec. 2-212. Duties of Department Heads.
The head of each department shall be a director, who shall have
supervision and control of his department subject to the city manager. The city manager
may serve as director of one or more departments or divisions within any department.
Each department head maymake or prescribe administrative regulations and procedures
for the operation of his department subject to the review and approval of the city
manager.
SECTION 5. That Sec. 2-231, Established, of Article V, Departments,
Division 2, Department of Engineering, of Chapter 2, Administration, of the Code of
Ordinances of the City of Paducah, Kentucky, is hereby repealed:
DR11=o 2— DEPARTMENT OF ENGIN—ERING
There is hereby er to e
Dep en4 of Engineefing.
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SECTION 6. That Sec. 2-271, w.,depted
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Chief of Police, of Article V, Division 4, Police Department of Chapter 2,
Administration, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby
amended to read as follows:
DIVISION 4. POLICE DEPARTMENT
"Sec. 2-271. Manual of _ _? _- p and _ edufes adopted_ Chief of Police
- r"
The most ouffent editien of the Manual of Rules and Pr-eeedufes of the Peliee Depmtm
f+- C•+ fP ,1 i,, rr +, 1 Ji Yi es=0 „f1 t have been r 1 a on file with+1, C•+
321
is i;uve+ .a b r-efffenee ..a of this Code r
Gler-k, hereby adopted a
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(a) Office Established. There is hereby established as Director of the
Police Department the Office of Chief of Police
(b) Authority of Chief The chief of police subject to the City
Manager's oversight shall have administrative supervision over the police department
He shall be responsible for the enforcement of state laws and city ordinances protection
of life and property. preservation of law and order, investigation of crimes and
suppression of vice, and he shall direct the proper assignment of police officers establish
training programs, maintain adequate records provide traffic control and enforcement
cooperate with other law enforcement agencies establish departmental rules and
regulations, prepare and submit the department's budget draft to the Cily Manager and
Board of Commissioners for approval and be responsible for the custody of city
prisoners. He shall perform such additional law enforcement duties as may be assigned to
him by the City_Manager.
(c) Rules and regulations. The chief of police may make or prescribe
such rules and regulations for the operation of the police department and the
performance of its sworn and unsworn em llooyees as he shall deem advisable; such rules
when approved by the City Manager, shall be binding upon the members of the police
department. Such rules and regulations may cover, besides the personal conduct of the
members of the department regulation of working hours and vacation periods
assignment of special duties off-duty employment including the use of police uniforms
and City equipment during off-duty employment and such other matters as may be
necessary or desirable for the operation of the department No provision of such rules
and regulations shall be contrartwo any ordinance adopted by the Paducah City
Commission, the current collective bargaining agreement between the City of Paducah
and the Fraternal Order of Police or any provision of the Kentucky Revised Statutes."
SECTION 7. That Sec. 2-272, Fees for services rendered by department,
of Article V, Division 4, Police Department of Chapter 2, Administration, of the Code of
Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows:
Sec. 2-272. Fees for services rendered by department.
(a) The Police Department is hereby authorized to charge and collect for
the following services the following fees:
(1) For preparing and furnishing, upon request therefor, a photocopy
of a motor vehicle accident report on record in the offices of the
Police Department, the sum established by the Police Department.
(b) The fees provided for in subsection (a) of this section shall not be
collected for any services rendered for or upon request of the United States of America,
or any state, city, county or other governmental body, or for or upon request of any
department, bureau, division, agency, representative or other component part of the
United States of America or of any state, city, county or other governmental body.
(c) The fee provided for in subsection (a)(2) of this section shall not be
charged or collected for any traffic record check made for or upon request of any person
engaged in the business of providing public or mass transportation where the person
requesting the traffic record check submits evidence satisfactory to the Police Department
that the purpose of seeking the information to be gained from such traffic record check is
to ascertain the fitness of any employee or proposed employee of such person to operate a
motor vehicle designed for and used as a mode of public or mass transportation. As used
in this subsection, the words "public or mass transportation" shall mean, by way of
illustration, transporting persons or property by taxicab, bus or motor truck. This
definition shall not be deemed to exclude any similar means of transportation.
r,the Peliee opai4,v, + a
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of subseetion (a) erthis -sc-czrAn shall be paid into c2E6rds Expense
SECTION 8. That Sec. 2-273, Carrying of concealed weapons by
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members of department, of Article V, Division 4, Police Department of Chapter 2,
Administration, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby
amended to read as follows:
"Sec. 2-273. Carrying of concealed weapons by members of
department.
Sworn members of the Paducah Police Department may carry concealed
deadly weapons on or about their persons at all times within the Commonwealth of
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Kentucky provided that the officer's duties include law enforcement activities, unless
otherwise expresslyapproved by the Chief of Police."
SECTION 9. That Sec. 2-275, Number, rank and salaries of members;
clothing allowance; issuance of handgun, of Article V, Division 4, Police Department of
Chapter 2, Administration, of the Code of Ordinances of the City of Paducah, Kentucky,
is hereby amended to read as follows:
"Sec. 2-275. Number, rank and salaries of members; clothing allowance;
issuance of handgun.
(a) Schedule of salaries and positions. In accord with the procedures
established by Ordinance Number 2000-11-6300 The number and rank of members of the
Police Department of the city and the -salary of each position that shall be paid upon
satisfactory completion of consecutive years of service in the Police Department shall be
as established in the Unified Job Classification and Pay Schedule for the City of Paducah.
by eFdinanee. The schedule of salaries and positions shall be on file with the City Clerk.
(b) Designation of first class police officers. Upon recommendation of
his shift commander or captain in charge of a division and the department executive
officer, and the certification of the Chief of the Police Department, that a police officer
possess qualifications and has achieved standards of performance established within the
Department, after approval by the City Manager, a police officer may be designated a
first class police officer after successfully completing a minimum of five years of service
with the Department. Designation as a first class police officer shall not constitute a
promotion in rank, and such designation shall cease upon failure by a police officer to
maintain the level of qualifications and standards of performance which he was originally
certified to possess.
(c) Additional compensation for special duties. A police officer who is
regularly assigned to investigative duties in the Detective Division (including Drug and
Vice Enforcement) and officers assigned to duties as supervisor of the Records Division,
as a bomb technician, K-9 officer, etc., by the Chief of the Police Department, with the
approval of the City Manager, shall, after the first 30 days of such assignment, receive
additional compensation, as established by ordinance, per bi-weekly pay period.
(d) Clothing allowance; issuance of handgun.
(1) Each probationary officer shall receive an initial clothing
allowance of$500 as provided by the current Collective
Bargaining Aureement between the City of Paducah and the
Fraternal Order of Police and, in the event such officer shall fail to
serve in the Department for more than one year, all clothing
purchased with the initial clothing allowance shall be returned to
the Department. The Department shall furnish all leather items of
equipment, except shoes, which items shall remain the property of
the Department and shall be returned to the Department upon the
departure of an officer from the Department for any reason other
than retirement.
(2) Each officer shall be issued a soft body armor vest at time of initial
employment, at no cost to the employee. Body armor vests issued
by the city will be replaced at no cost to the officer in accordance
with the manufacturer's specifications. Vests will be returned to the
city upon replacement or upon the officer's termination of
employment.
(3) Each officer shall be issued a handgun, which shall remain the
property of the city.
(4) The city will establish a credit/vendor or commissary system for
employee purchases of clothing. Ef€eefi e TaHuar-y 1, 19
$400.00 The amount of the vendor credit per officer will be as
provided by the current Collective Bargaining Agreement between
the City of Paducah and the Fraternal Order of Police. This credit
will be distributed the first day of January of each subsequent year.
The officer may use his credit at any time during the year but will
not be allowed to carry over any unused amounts to the next year.
All non -uniformed sworn personnel shall receive $500.00 a credit
as provided by the current Collective Bargaining Agreement
between the City of Paducah and the Fraternal Order of Police.
This amount will be per—year distributed between January 1 st and
323
a
15th of each year. For those members of the Department who are
not covered by the Collective Bargaining Agreement a clothing
allowance of Six Hundred Dollars ($600) per year will be
provided. Such disbursement shall be subject to all required
withholdings per state and federal law."
SECTION 10. That Sec. 2-276, Monetary incentive and educational and
training programs, of Article V, Division 4, Police Department of Chapter 2,
Administration, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby
amended to read as follows:
"Sec. 2-276. Monetary incentive and educational and training
programs.
(a) Intent to participate in Law Enforcement Foundation Program.
The city hereby declares its intention to participate in the Law Enforcement Foundation
Program established by KRS 15.410--15.510.
(b) Minimum annual salary and standard work year. The minimum
annual salary and standard work year shall be as set forth in state law.
(c) Educational standards. Each officer employed on or after July 1,
1973, shall have as a minimum educational attainment a high school degree, or its
equivalent as determined by the Kentucky Law Enforcement Council.
(d) Basic training course. Each officer employed on or after July 1,
1972, shall, within one year of his date of employment, complete a basic training course
of at least 400 640 hours' duration at a school certified or recognized by the Kentucky
Law Enforcement Council.
(e) In-service training course required. Each officer, whether
originally employed before or after July 1, 1972, shall successfully complete each year an
in-service training course of 40 hours' duration appropriate to his rank and responsibility
at a school certified or recognized by the Kentucky Law Enforcement Council. Each
officer engaged in in sefviee training ball 1"`1 eempensater-y time for- r-egular4
----------- --- ---,.. lost due to in seFviee tmining, participating in in-service training on
his/her scheduled days off shall receive compensatory daoff.
(f) Effect of salary incentive payments. No officer shall have his base
salary reduced or be denied a normal salary increase to which he is otherwise entitled
because of the salary incentive payments provided by the Kentucky Justice Cabinet under
KRS 15.410--15.510.
(g) Compliance with laws applicable to local police. The Police
Department of the city and each officer thereof shall comply with all provisions of law
applicable to local police, including the transmission of data to the Bureau of Criminal
Information and Statistics as required by KRS 17.150.
(h) Reports. The Chief of the Paducah Police Department shall prepare
or cause to be prepared such quarterly and other reports as may be reasonably required by
the Kentucky Justice Cabinet to facilitate administration of the fund and further the
purposes of KRS 15.410--15.510.
(i) Compliance with rules issued by Justice Cabinet. The Police
Department of the city and each officer thereof shall further comply with all reasonable
rules and regulations, appropriate to the size and location of the local Police Department,
issued by the Kentucky Justice Cabinet to facilitate the administration of the fund and
further the purposes of KRS 15.410--15.510.
0) Disposition of funds. The Treasurer of the city shall deposit in an
appropriate account which can be identified separately from all other sources all monies
received under KRS 15.410--15.510.
(k) Payments to police officers. Forthwith upon receipt of any monies
under KRS 15.410-15.510, the Finance Director shall pay to each police
officer 1/24th of the &U amount expected to be received annually on behalf of that
officer on the 1st and 2nd bi-weekly pa cocks of each calendar month_ aMag to a
effirPr a cheek stub or- re + t 1. +1. ameunt fmen,� t him -
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KRS I& I IC C 1 0 is ineludedand r
(1) Retention of financial records. All financial records relating to
monies received under KRS 15.410--15.510 shall be retained for a period of three years_
United States Law V11L Assistanee .
324
SECTION 11. This ordinance shall be
become effective upon summary publication pursuant
ATTEST:
�i
Tammara S. Brock, Asst. City Clerk
A
separate days and will
3t@x 424. /—\
Introduced by the Board of Commissioners, May 28, 2002
Adopted by the Board of Commissioners, 0ilnf, g6 Q&G;L
Recorded by Tammara S. Brock, Asst. City Clerk, 7kr 2 S, 26 oa
Published by The Paducah Sun, Cci 1V 3, 02 4 d ;?,