2. Administrative Ordinance 1166 Review4DCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758
REPORT TO:
Honorable Mayor and City Council
FROM: Chris A. Kukulski, City Manager
SUBJECT: Amendments to Ordinance 1166 Establishing an Administrative Code
MEETING DATE: July 16, 2001
BACKGROUND: The City of Kalispell's City Council and administration are guided by
Ordinance 1166 which established an Administrative Code. In many ways this ordinance acts in lieu
of a City Charter due to the fact that Kalispell has never sought self governing powers under State
law. Since its adoption in July of 1991 there are several amendments that are in need of
consideration. Some of the amendments are purely administrative in nature and are being pursued
by myself, while other possible amendments have been brought to my attention from various Council
members.
Article HMeetings and Procedures
Section 2-10 Agenda
b. All reports, communications, ordinances, resolutions, contract documents, or other
matters, for possible submission to the Council shall be submitted by 5:00 o'clock RM
Thursday preceding the Council Meeting to the City Manager.
In an effort to have the Council packet available for the public and Council no later than the
close of business Thursday preceding a Council meeting, I am requesting that the deadline for
submittal of agenda information be moved up one day from the current code. Recently, I
placed a deadline on the staff of 5:00 P.M. of the Wednesday preceding the Council meeting
for all memos and background info to be in the Clerk's office so that she can compile the
packet for the Council and the public no later than Thursday of that same week. This came
as a result of both complaints and a recognition that agenda packets going out to the public
late Friday afternoon sets the City up for unnecessary criticism.
Through my conversations with the Glen Neier it has been determined that this section is
primarily for administrative purposes and therefor, I would ask that you move this deadline
up one day to read as follows:
Section 2-10 Agenda
b. All reports, communications, ordinances, resolutions, contract documents, or other matters
for possible submission to the Council shall be submitted by 5:00 o'clock P.M. Wednesday
preceding the Council Meeting to the City Manager.
Page 1 of 4
Article VII Appointed Officers
Section 2-44 Finance Director
f. Assist in the development of and administration of the City's personnel policy procedures,
including training recruitment, selection and labor relations;
Currently the Personnel Specialist reports to the Finance Director because this position has
evolved from predominantly a payroll clerk, who assists with human resource issues, to a
much greater demand and focus on personnel management (hiring, grievance handling, assist
with labor negotiations etc.) I would like to place this position directly under my supervision.
At this time, the job description and responsibilities will not be changed, only the individual's
direct supervisor will change. Because of the position's payroll responsibilities, the Finance
Director will remain actively involved in this position.
Therefor, I propose eliminating this language from the Administrative Code based on the fact
that these responsibilities can be interpreted as part of Article IV City Manager, Section 2-28
Duties a and Section 2-29 Statutory Authority and Duties d.
Article VII Appointed Officers
Section 2-51 Planning, Economic and Community Development Director
b. Direct the inspection of buildings constructed within the City's jurisdictional area and
administer enforcement of the Uniform Building Code, the Uniform Plumbing Code, the
Uniform Mechanical Code, the Uniform Code for the Abatement of Dangerous Buildings,
Uniform Housing Code, and the CABO One & Two Family Dwelling Code;
d. Supervise the administration of the City of Kalispell Zoning Ordinance;
The above listed duties were placed under the direction of the Fire Chief in 1999 and thus I
would propose moving Article VII, Section 2-51 b and d to Article VII, Section 2-48 Fire
Chief. This adjustment in responsibilities was done prior to hiring the current Economic and
Community Development Director and is consistent with the fact the Code enforcement is a
public safety function which works directly with the Fire Marshall.
Article VII Appointed Officers
Section 2-51 Planning Economic and Community Development Director
e. Coordinate City activities involving planning including annexation and subdivisions;
f. Inform and advise the manager on provisions and changes in the Kalispell City -County
Master Plan.
These planning functions are performed by the Flathead Regional Development Office which
in 1999 were directed by myself to report directly to the City Manager rather than the
Economic and Community Development Director. Therefor, I would suggest simply
eliminating this language from the ordinance.
Page 2 of 4
The above listed changes to Section 2-51 would necessitate a change in title removing the
reference to Planning.
Article I Elected Officials
Section 2-3 Duties of the Mayor
b. Appoint, with the consent of the City Council, all members of advisory boards and
commissions, and the City Attorney.
Article VIII City Attorney, Section 2-53 Appointment. The City Attorney shall be appointed by the
City Council to a two year term, unless suspended or removed by the Council as provided by law.
Section 2-54 Duties
b. Draw on behalf of the City all contracts, Ordinances and Resolutions;
c. Advise the Manager and the Council on matters of duties, rights, liabilities, andpowers
of the City;
Article IX Removal of City Attorney and Manager
Section 2-55 Suspension or Removal of City Attorney or City Manager. The City Council by
majority vote of the whole Council may suspend or remove the City Attorney or City Manager only
after notice to the party and hearing before the Council.
A majority of the Council has asked me to bring before the Council recommended changes
to the Administrative Code regarding the appointment of the City Attorney and who the City
Attorney reports to. A change in this regard would necessitate changes to the above listed
Articles and Sections. A draft ordinance addressing these changes is attached.
Article X Miscellaneous
It is being proposed to add a new Section to be recognized as Section 2-58_ Interference with
Administration Except for the purpose of inquiries and investigations, the Council, its
members and the Mayor shall deal with the City officers and emplovees who are subject to
the direction and supervision of the City Manager solely through the City Manager. Neither
the Council its members nor the Mayor shall give orders to any City officer or employee
either publicly or privately.
It is my understanding that this proposed new section has been derived directly from State
Law (Section 7-3-305 MCA) and the Billings City Charter and is used to clarify how council
members and the Mayor are to interact with City employees in order to retain a strong line
of accountability.
Attached is a copy of the Ordinance 1166, Establishing the Administrative Code, proposed
amendments and a copy of the proposed Organization Chart per the proposed amendments.
Page 3 of 4
RECOMMENDATION: The City Council debate the merits of the above listed sections of the
Administrative Code and advise the City Manager and City Attorney to proceed accordingly.
FISCAL EFFECTS: None
ALTERNATIVES: As suggested by the Council.
�
Resppec^t-fuAlly submitted,
� �"�
Chris A. Kukulski
City Manager
Report compiled July 11, 2001
Page 4 of 4
4
DRAFT]
ORDINANCE NO._
AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, KALISPELL
MUNICIPAL CODE BY AMENDING ORDINANCE 1166, § 2-3 ADJUSTING THE
DUTIES OF THE MAYOR; § 2-23 ADJUSTING THE REVIEW OF ORDINANCES,
RESOLUTIONS, MOTIONS AND CONTRACTS; 2-53 ADJUSTING THE APPOINTMENT
OF THE CITY ATTORNEY; § 2-54 ADJUSTING THE DUTIES OF THE CITY
ATTORNEY AND; AUTHORIZING THE CITY ATTORNEY TO RECODIFY §§ 2-3, 2-
23, 2-53, 2-54 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, 5 2-3 (§ 2-3,
Kalispell City Code) is hereby amended to read
as follows:
MAYOR
The Mayor shall:
a) Preside at all City Council Meetings;
b) Appoint, with the consent of the City Council. all
members of advisory boards and commissions and the
c) Execute all ordinances, resolution and contracts on
behalf of the City after Council approval;
d) Perform ceremonial functions as Mayor of the City
of Kalispell;
e) Perform any other duties specifically designated by
Ordinance.
g) Perform such other and further functions as may be
directed by the City Manager.
SECTION II. That Ordinance No. 1166, 5 2-23 (§ 2-23,
Kalispell City Code) is hereby amended to read
as follows:
PREPARATION AND REVIEW
a. Preparation. All Ordinances and Resolutions shall be
prepared by the City Attorney.
b. Review. All Ordinances, Resolutions, and contract
documents shall, before presentation to the Council, be
reviewed by the eity Attorney City Manager or his
authorized representative.
SECTION III. That Ordinance No. 1166, 5 2-53 (5 2-53,
Kalispell City Code) is hereby amended to read
as follows:
CITY ATTORNEY - APPOINTMENT
11 be anointed by the,
CITY ATTORNEY - DUTIES
The Citv Attornev shall. subject to the charge and;, supervision
of the City Manager shall:
a. Attend to matters before the City Court, the
District Court and the Montana Supreme Court and
such other Courts as the Council may direct;
provided, however, that the City Attorney shall
have sole prosecutorial discretion as to all
criminal matters in City Court and upon appeal.
b. Draw Draft for City, Manager review on behalf of the
City all contracts, Ordinances and Resolutions;
C. Advise the Manager, all Department Directors and
the Council on matters of duties, rights,
liabilities and powers of the City;
d. Perform such other functions and duties as directed
by the Council.
SECTION V.
That the City Attorney is hereby authorized and directed to
recodify SS 2-3, 2-23, 2-53, 2-54, in accordance with this
Ordinance.
SECTION VI.
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 2001.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
Om
Article X Miscellaneous
Section 2-58 Interferences with Administration Except for the purpose of
inquiries and investigations, the Council, its members and the Mayor shall deal
with the city officers and employees who are subject to the direction and
supervision of the City Manager solely through the City Manager. Neither the
Council, its members, nor the Mayor shall give orders to any city officer or
employee either publicly or privately
CITIZENS OF KALISPELL