2. Ordinance 1336 - KCC - City Clerk - 1st ReadingREPORT TO: Honorable Mayor and City Council
FROM: Glen Neier, City Attorney
SUBJECT: Ordinance No. 1336
MEETING DATE: October 18, 1999
BACKGROUND: Ordinance No. 1336 revises Chapter 2, Article VII, Administration, Kalispell
Ci . Code (Ordinance No. 1166) by establishing a City Clerk position. Ordinance No. 1166
designated the Finance Director as having the statutory duties of a City Clerk. Ordinance No. 1336
prescribes the position of City Clerk and transfers the statutory duties, as well as those assigned by
the City Manager, to the newly created position. The City Clerk under Ordinance No. 1336 would
be subject to the charge and supervision of the City Manager.
The Finance Director's fiscal duties have not been altered in Ordinance No. 1336. The basis for said
duties can be located in § 7-3-4431, MCA. The provisions of Montana law, (§§ 7-6-4104 & 7-6-
4141, MCA) pertaining to the duties of City Treasurers do not properly address the expanded duties
of a finance officer.
RECOMMENDATION: The City Council pass Ordinance No. 1336 on first reading.
FISCAL EFFECTS: None.
ALTERNATIVES: As suggested by Council.
Respectiv 1 submitted,
en Nei, r
City Attorney
Report compiled October 14, 1999
Post Office Box 1997 • Kalispell, Montana 59903-1997
Telephone (406) 758-7700 • FAX (406) 758-7758
ORDINANCE NO. 1336
AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, KALISPELL
MUNICIPAL CODE BY AMENDING ORDINANCE 1166, § 2-44 ADJUSTING THE
DUTIES OF THE CITY FINANCE DIRECTOR, CREATING THE POSITION OF CITY
CLERK, ESTABLISHING DUTIES THEREOF AND; AUTHORIZING THE CITY
ATTORNEY TO RECODIFY S 2-44 IN ACCORDANCE WITH THIS ORDINANCE AND
DECLARING AN EFFECTIVE DATE. _.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA AS FOLLOWS:
SECTION I. That Ordinance No. 1166, § 2-44 (S 2-44,
Kalispell City Code) is hereby amended to read
as follows:
FINANCE DIRECTOR
The Finance Director shall, subject to the charge and
supervision of the Manager, be responsible for the following:
a) Keep and supervise all accounts of public money in
the custody of the City;
b) Collect, deposit, invest and disburse all City
funds in a manner authorized by law or Ordinance;
c) Supervise all accounts of all departments and
offices of the City;
d) Assist in providing information for budget
preparation and assist with the development of the
budget document;
e) File proper reports with all Federal and State
agencies as required;
f) Assist in the development and administration of the
City's personnel policy procedures, including
training, recruitment, selection, and labor
relations;
g) Perform such other and further functions as may be
directed by the City Manager.
SECTION II. That there is hereby enacted a § 2-44.1,
creating the position of City Clerk, which
shall read as follows:
CITY CLERK
The City Clerk shall, subject to the charge and supervision of
the Manager, be responsible for the following:
a) Enter into books all Ordinances, Resolutions, and
bylaws passed by the Council;
b) Countersign and cause to be published or posted, as
provided by law, adl Ordinances and Resolutions
passed and adopted by the Council;
c) File and keep all records, books or property
belonging to the City and deliver the same to
his/her successor when qualified;
d) Make certified copies of all records, books and
papers in his/her possession on the payment of like
fees as are allowed to County Clerks;
e) Sign, number, and keep a record of all licenses,
commissions, or permits granted or authorized by
the Council;
f) Make and keep a complete index of the Minute Book,
Ordinance Book, Resolution Book, and all other
books and papers on file in his/her office;
g) Take and administer oaths, but not charge or
receive any fee therefore;
h) Perform such other and further functions as may be
directed by the City Manager.
SECTION III.
That the City Attorney is hereby authorized and directed to
recodify § 2-44, in accordance with this Ordinance.
SECTION IV.
This Ordinance shall take effect 30 days from and after its
passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS DAY OF ,1999.
Wm. E. Boharski
Mayor
Attest:
Theresa White
City Clerk
ORDINANCE NO. 1336
AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, KALISPELL
MUNICIPAL CODE BY AMENDING ORDINANCE 1166, § 2-44; AUTHORIZING THE
CITY ATTORNEY TO RECODIFY § 2-44 IN ACCORDANCE WITH THIS ORDINANCE
AND DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA AS FOLLOWS:
SECTION I. That Ordinance No. 1166, § 2-44 (§ 2-44,
Kalispell City Code) is hereby amended to read
as follows:
FINANCE DIRECTOR
The Finance Director shall, subject to the charge and
supervision of the Manager, be responsible for the following:
a) Keep and supervise all accounts of public money in
the custody of the City;
b) Collect, deposit, invest and disburse all City
funds in a manner authorized by law or Ordinance;
c) Supervise all accounts of all departments and
offices of the City;
d) Assist in providing information for budget
preparation and assist with.the development of the
budget document;
e) File proper reports with all Federal and State
agencies as required;
f) Assist in the development and administration of the
City's personnel policy procedures, including
training, recruitment, selection, and labor
relations;
g) Perform such other and further functions as may be
directed by the City Manager.
SECTION II. That there is hereby enacted a S 2-44.1, which
shall read as follows:
CITY CLERK
The City Clerk shall, subject to the charge and supervision of
the Manager, be responsible for the following:
a) Enter into books all Ordinances, Resolutions, and
bylaws passed by the Council;
b) Countersign and cause to be published or posted, as
provided by law, all Ordinances and Resolutions
passed and adopted by the Council;
c) File and keep all records, books or property
belonging to the City and deliver the same to
his/her successor when qualified;
d) Make certified copies of all records, books and
papers in his/her possession on the payment of like
fees as are allowed to County Clerks;
e) Sign, number, and keep a record of all licenses,
commissions, or permits granted or authorized by
the Council;
f) Make and keep a complete index of the Minute Book,
Ordinance Book, Resolution Book, and all other
books and papers on file in his/her office;
g) Take and administer oaths, but not charge or
receive any fee therefore;
h) Perform such other and further functions as may be
directed by the City Manager.
SECTION III.
That the City Attorney is hereby authorized and directed to
recodify § 2-44, Finance Director, in accordance with this
Ordinance.
SECTION IV.
This Ordinance shall take effect 30 days from and after its
passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS DAY OF ,1999.
Wm. E. Boharski
Mayor
Attest:
Theresa White
City Clerk
2-44
2-44
CHAPTER 2
ADMINISTRATION
ARTICLE VII. APPOINTED OFFICERS
SECTION:
2-44:
Finance Director
2-45:
Public Works Director
2-46:
Police Chief
2-47:
Appointment Of Police Officers
2-48:
Fire Chief
2-49:
Appointment Of Firefighters
2-50:
Parks And Recreation Director
2-51:
Planning, Economic And Community Development Director
2-44:
FINANCE DIRECTOR: The Finance Director shall, subject to
the charge and supervision of the Manager, be responsible for
the following:
A. Keep and supervise all accounts of public money in the custody of
the City;
B. Fund Management: Collect, deposit, invest and disburse all City
funds in a manner authorized by law or ordinance;
C. Supervise Accounts: Supervise all accounts of all departments and
offices of the City;
D. Assist Budget Preparation: Assist in providing information for budget
preparation and assist with the development of the budget
document;
E. File Reports: File proper reports with all Federal and State agencies
as required;
City of Kalispell
2-44
2-45
F. Personnel Assistance: Assist in the development of and
administration of the City's personnel policy procedures, including
training, recruitment, selection and labor relations;
G. Maintain Books: Enter into books all ordinances, resolutions, and
bylaws passed and adopted by the Council;
H. Ordinances, Resolutions: Countersign and cause to be published or
posted, as provided by law, all ordinances and resolutions passed
and adopted by the Council;
Records Maintenance: File and keep all records, books or property
belonging to the City and deliver the same to his/her successor when
qualified;
J. Certified Copies: Make certified copies of all records, books, and
papers in his/her possession on the payment of like fees as are
allowed to county clerks;
K. License, Commission, Permit Records: Sign, number and keep a
record of all licenses, commissions, or permits granted or authorized
by the City Council;
L. Index: Make and keep a complete index of the minute book,
ordinance book, resolution book, and all other books and papers on
file in his/her office;
M. Oaths: Take and administer oaths, but must not charge or receive
any fee therefor;
N. Other Directed Duties: Perform such other and further functions as
may be directed by the City Manager. (Ord. 1166 § 2-44)
2-45: PUBLIC WORKS DIRECTOR: The Public Works Director
shall, subject to the charge and supervision of the Manager:
A. Maintenance Of Public Places: Manage and have charge of the
construction, improvement, repair and maintenance of streets,
sidewalks, alleys, lanes, bridges, sewers, water distribution systems,
drains, boulevards, and other public places or grounds belonging to
the City or dedicated to public use, except parks and playgrounds;
City of Kalispell