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HomeMy WebLinkAboutOrdinance 24030-02-2020 ORDINANCE NO. 24030-02-2020 AN ORDINANCE AMENDING CHAPTER 2 (ADMINISTRATION) OF THE CODE OF THE CITY OF FORT WORTH (2015), AS AMENDED, TO RENAME ARTICLE II FROM "CITY SECRETARY" TO "APPOINTED OFFICIALS" AND PROVIDE THE APPOINTMENT, DUTIES AND RESPONSIBILITIES FOR EACH APPOINTED OFFICIAL; TO AMEND ARTICLE IV (DEPARTMENTS) OF CHAPTER 2 (ADMINISTRATION) TO CHANGE THE TITLE OF THE ARTICLE; PROVIDE FOR THE CREATION, OF THE DEPARTMENT OF DIVERSITY AND INCLUSION; CONFIRM THE ESTABLISHMENT OF THE DEPARTMENT OF COMMUNICATIONS AND PUBLIC ENGAGEMENT; RENAME THE BUDGET AND PERFORMANCE OFFICE TO THE DEPARTMENT OF PLANNING AND DATA ANALYTICS; RENAME THE PLANNING AND DEVELOPMENT DEPARTMENT TO THE DEPARTMENT OF DEVELOPMENT SERVICES, AND PROVIDE THE NAMES, DUTIES AND OPERATION OF ALL CITY DEPARTMENTS UNDER THE CONTROL OF THE CITY MANAGER; CHANGE ALL REFERENCES IN THE CODE FROM THE PLANNING AND DEVELOPMENT DIRECTOR TO THE DEVELOPMENT SERVICES DIRECTOR AND REALLOCATE CERTAIN DUTIES OF THE TRANSPORTATION AND PUBLIC WORKS DIRECTOR TO THE DEVELOPMENT SERVICES DIRECTOR; DELETE SECTION 2-118, DEPARTMENT DUTIES, CITY BUDGET OF ARTICLE IV DEPARTMENTS, DIVISION 2, FINANCIAL MANAGEMENT SERVICES OF CHAPTER 2 ADMINISTRATION IN ITS ENTIRETY AND RESERVE FOR FUTURE USE; MOVING AND DELETING REFERENCES TO THE CREATION AND OPERATION OF DEPARTMENTS IN OTHER PROVISIONS IN THE CITY CODE; REVISE THE NAME OF APPENDIX B FROM DEPARTMENT OF CODE COMPLIANCE TO CODE COMPLIANCE; RESERVE AND DELETE SECTIONS WHERE APPLICABLE; PROVIDE THAT THIS ORDINANCE IS CUMULATIVE; PROVIDE A SEVERABILITY CLAUSE; AND PROVIDE AN EFFECTIVE DATE. WHEREAS, Chapter VI1I, Section 1 of the City Charter authorizes the City Council to establish by ordinance such departments, divisions, and offices as it deems necessary for the operation of the City's business (in addition to those departments required by the City Charter); and WHEREAS, Chapter V111, Section 1 of the City Charter authorizes the City Council to discontinue any department or office established by ordinance and to prescribe, combine, consolidate, distribute, or abolish the functions and duties of departments, divisions, or offices; and WHEREAS, it is the recommendation of the City Manager that the City Council combine the Budget staff and certain Planning staff into a new department, the Department of Planning and Data Analytics; that the remainder of Planning and Development Department be renamed to the Department of Development Services; that the existing Department of Communications and Public Engagement be ratified and that a new department, the Department of Diversity and Inclusion be established; and WHEREAS, it is the recommendation of the City Attorney that the City Code be revised to include a list and duties of each appointed official and to also list the names and duties of each department under the control of the City Manager in Chapter 2, Administration; and WHEREAS, the City Council now wishes to establish two new departments, the Planning and Data Analytics and the Department of Diversity and Inclusion; rename the Planning and Development Department to the Department of Development Services, confirm the establishment of the Department of Communications and Public Engagement and to add duties and functions for each appointed official and to each department under the control of the City Manager in Chapter 2, Administration. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: SECTION 1. Article II, Chapter 2, Administration, of the Code of the City of Fort Worth (2015), as previously amended (collectively, the "City Code"), is hereby amended to change the title of Article II from "City Secretary" to "Appointed Officials" and create new Divisions for the City Manager, City Attorney, City Secretary and City Auditor to read as follows: Article II. Appointed Officials Division I. City Manager Section 2-26. City Manager Per the City Charter, the council shall appoint the city manager, who shall be the chief administrative and executive officer of the city. The city manager shall have all the powers and duties as outlined in the City Charter. Appointment, compensation, removal and all other matters concerning the city manager shall be controlled by the provisions in the City Charter. Section 2-27. Divisions of the City Manager The City Manager's Office currently consists of four divisions: Administration, Mayor and Council, Governmental Relations, and the Directions Home program. The City Manager shall have the authority to add or delete divisions or revise the structure of the current divisions as s/he deems necessary for the efficient operation of the office. 1. Administration Administers the programs and policies established by the City Council.; directs and coordinates the operations of the city departments; informs and advises the City Council regarding city transactions, existing conditions and future requirements, oversees the 100x25 Reading Instruction Program and the Independent Police Monitor. 2 a. Independent Police Monitor. The Independent Police Monitor will advise the City Manager and Assistant City Manager on strategic policy matters as it relates to the Police Department, will track the internal investigations and community complaints and produce reports for the City Manager and the police chief. The Independent Police Monitor will also lead the long-term operational planning for the Office of the Independent Police Monitor. The duties and responsibilities of the Independent Police Monitor will include 1. Establishing and implementing the independent investigative process to receive and review formal citizen complaints of the Police Department or its staff separate from Internal Affairs while maintaining communication with the Fort Worth Police Department and the Internal Affairs Division; 2. Providing ongoing assurance that internal investigations by law enforcement are thorough, fair, and unbiased and that police practices in this regard are transparent; 3. Reviewing the strategic planning/ long-range policy, practices and training of the Police Department to provide feedback and advice; 4. Demonstrating a proactive approach when interacting with the community, keeping the community informed about the work of the Office of the Independent Police Monitor, the City's role and oversight of the Police Department and Police-related activities impacting the community; 5. Increasing communication from geographic locations in the city made up of majority-minority populations to listen to their issues and receive input directly from Fort Worth citizens; 6. Reviewing formal complaints that have been made against officers and monitors or participates in internal investigations which may include an independent investigative component. 7. Examining broad patterns in investigations and recommends policy changes; and 8. Requesting and initiating professional review of individual or systemic issues concerning race, culture and diversity within the Police Department or of Police Department practices. 2. The Mayor and Council Office Supports the City Council with a full-time staff and council aides, providing oversight of office operations, handles citizen interactions, drafts correspondence and speeches, and handling on various special projects. 3 3. The Governmental Relations Division Researches and assists in the passage of federal and state legislative initiatives that favorably affect the City of Fort Worth and its citizens. 4. The Directions Home Division Responsible for the Directions Home Program - the city's 10-year plan to make chronic and persistent homelessness non-existent in the City of Fort Worth Division II City Attorney Section 2-28. City Attorney Per the City Charter, the city attorney, whose appointment shall be recommended by the city manager and approved by the council, shall serve as the director of the department of law, and shall have power to appoint such assistants as may be deemed necessary to assist in performing the duties as outlines in the City Charter. Appointment, compensation, removal and all other matters concerning the city attorney shall be controlled by the provisions in the City Charter Division III. City Secretary Section 2-29 City Secretary The City Council shall appoint a city secretary, prescribe the duties and compensation and provide assistants as needed. Appointment, compensation, removal and all other matters concerning the city secretary shall be controlled by the provisions in the City Charter Section 2-30 Copying, Typing, Materials, Fee. (a)(1) The city secretary may charge fees for researching, locating, preparation and copying of public records and public information as provided by the regulations and laws of the State of Texas governing such fees, as same may be amended from time to time. In addition, the following fees may be charged for the typing of any papers: Type/Size Fee 8-1/2 x 11 $2 per sheet 11 x 14 $2.50 per sheet Transcripts $5 per sheet (2) If any of the above papers are to be mailed by the city secretary a$1 handling fee and a fee for postage will be charged. (b)No charge shall be required of any city official for copies to be used by him or her in connection with his or her duties as such official. 4 Section 2-31 Disposition of Fees Any money collected by the city secretary under the provisions of §2-30 shall be deposited by him or her with the city treasurer to the credit of the city. Section 2-32 Assistant City Secretary and Assistant to the City Secretary—Offices Created The offices of assistant city secretary and assistant to the city secretary are hereby created and established. Section 2-33 Same—Duty in Absence of City Secretary. In case of the absence, death, resignation or permanent disability of the city secretary or whenever a vacancy in the office of city secretary shall occur for any reason, the assistant secretary or assistant to the city secretary shall act as city secretary and possess all the rights and powers of the city secretary and perform all the duties under the official title of assistant city secretary or assistant to the city secretary until the city secretary returns to his or her duties or until an appointment is made by the city council to fill the vacancy. Division IV. City Auditor Section 2-34 Established. Pursuant to Chapter XXVII of the City Charter, there shall be a department of internal audit. Section 2-35 City Internal Auditor, Appointment, Qualification, Compensation. The department of internal audit shall be under the direction and control of the city internal auditor, who shall be recommended by the city manager and appointed by the city council. The city internal auditor must be a person knowledgeable in public financial and fiscal theory, municipal accounting and auditing, and public administration. The city internal auditor's compensation shall be fixed by the city council. Section 2-36 Term; Removal; Absence or Disability of City Internal Auditor. The city internal auditor shall not be appointed for a definite fixed time but shall be removable at the will and pleasure of the city council by a vote of not less than a majority of the entire council. If removed after serving six months, the city internal auditor may demand written charges and the right to be heard thereon at a public meeting of the city council prior to the date on which the city internal auditor's final removal shall take effect, but pending such hearing the city council may suspend the city internal auditor from office. The action of the city council in suspending or removing the city internal auditor shall be final. In case of the absence or disability of the city internal auditor, the city council may designate some qualified person to perform the duties of the office. 5 Section 2-37 Administration, Powers and Duties of the Department of Internal Audit (a) Subject to the City Charter, city council oversight of general and administrative matters pertaining to the department of internal audit may be delegated as appropriate. The city council or its delegatee may assign signature authority for routine administrative matters to the city manager or his or her designee. The department of internal audit shall be subject to the budgetary, personnel and general administrative regulations of the city as established by the city manager. The internal auditor may appeal an administrative determination of the city manager to the city council or its delegatee. (b) The department of internal audit shall have the following duties and responsibilities. (1) No less than 30 days prior to the beginning of each fiscal year, the department of internal audit shall submit an annual audit plan to the city council or its delegatee for review and comment. a. 1. The plan shall be based on; i. Requests from city council, city manager's office and department heads; ii. A risk assessment of all city activities which shall be performed by the internal audit department each year prior to the completion of the annual audit plan; iii. Suggestions from internal audit department staff based on their knowledge of city activities or observations made during the performance of other audits; and iv. Other relevant criteria agreed to by the city council or its delegatee and the city internal auditor. 2. The annual audit plan shall include a block of unassigned hours (the number to be approved by city council) which shall be used to perform special audits, investigations and/or projects requested by city council and/or city manager. b. The annual audit plan may be amended during the year, following notification of the city council and due provision for comment. c. If the city internal auditor determines there is serious concern regarding fraud, abuse or illegality, or that the scope of an audit in progress should be expanded as the result of any findings, the city internal auditor is authorized to initiate spontaneously and conduct, or expand the scope of, an audit beyond that approved in the audit plan. Any changes made under this provision shall be communicated to the city 6 council or its delegatee as soon as feasible, but not later than its next scheduled meeting. (2) The department shall conduct the following types of audits, varying in scope as required, on an ongoing basis. a. Financial-related audits. The department shall conduct financial- related audits of all city activities,designed to evaluate whether: 1. The entity is maintaining effective control over revenues, expenditures, assets and liabilities and financial operations; 2. The entity is properly accounting for resources, liabilities and operations; 3. The entity is using accounting methods and procedures which conform to established policies,practices and guidelines; and/or 4. The official financial statements fairly present the financial results of operations and the financial position of the entity. b. Compliance audits. The department shall conduct compliance audits of all city activities, designed to evaluate whether: 1. All activities are properly authorized; 2. All activities required by law or policy are being carried out; 3. The management system provides the capacity for adequate control of compliance with applicable laws and policies; and/or 4. Operations actually conform to applicable laws and policies. c. Contractor/vendor audits. The department shall conduct financial- related and compliance audits of contractors and vendors doing business with the city to determine whether materials furnished, work performed and/or prices charged accord with the terms of the contracts involved.. d. Electronic data processing audits. The department shall conduct audits of the electronic data processing activities of the city. (3) The department shall conduct performance audits of all city activities. The department shall conduct special audits, investigations and projects at the request of the city council or the city manager. 7 a. Performance audits. The department shall conduct performance audits of all city activities, designed to determine: 1. Whether the audited entity is managing or utilizing its resources, including public funds, personnel, property, equipment and space in an economical and efficient manner; 2. The causes of inefficiencies or uneconomical practices, such as problems or inadequacies in organizational structures, management information systems, internal or administrative procedures, purchasing policies and/or in allocation of personnel, resources and equipment; and 3. Whether the desired results are being achieved. b. Special audits. The department shall conduct special audits, investigations and projects when requested to do so by the city council or the city manager, with the scope of same to be determined by the request. (4) The department shall participate in the planning, design, development, implementation and operation of major computer systems in the city to evaluate whether: a. Adequate controls are incorporated in the systems; b. Thorough system testing is performed at appropriate stages; c. System documentation is complete and accurate; and/or d. The needs of user entities are met. (5) The department shall notify the city council or its delegatee when audits in progress identify areas which may require the use of additional resources (city staff from other departments or outside consultants)to address serious operational problems. (c) In the performance of its duties, the department of internal audit shall have access to all books and records of all departments, agencies and programs of the city and to all officers, agents or employees of the city. (d) All city contracts and subcontracts shall contain a "right to audit" clause. This clause shall provide that the city and the city internal auditor shall have access to and the right to examine all necessary books, papers, documents, records and personnel of parties who contract with the city or who subcontract under a city contract. NECESSARY BOOKS, PAPERS, DOCUMENTS, RECORDS AND PERSONNEL are those which pertain to city contracts and subcontracts and are required to evaluate compliance with the terms of those contracts and subcontracts. 8 Section 2-38 Appointment of Employees Within the budget approval process and personnel procedures established by the city council for all departments, the city internal auditor shall have the power to appoint, employ and remove such assistants, employees and personnel as he or she may deem necessary for the efficient administration of the affairs of the department of internal audit and to prescribe and fix their duties, scope of authority and qualifications. Section 2-39- Section 2-45 Reserved SECTION 2. Article IV, Departments, Chapter 2. Administration of the City Code of the City of Fort Worth (2015), as previously amended (collectively, the "City Code"), is hereby amended in its entirety to change the title of Article IV and to add a new titles and a reorganized list for all the departments under control of the City Manager; renumber the sections and include the establishment, appointment of employees and duties for each department to read as follows: ARTICLE IV DEPARTMENTS UNDER CONTROL OF THE CITY MANAGER DIVISION I Department of Information Technology Solutions DIVISION 2 Department of Diversity and Inclusion DIVISION 3 Department of Planning and Data Analytics DIVISION 4 Department of Development Services DIVISION 5 Department of Financial Services DIVISION 6 Department of Human Resources DIVISION 7 Department of Property Management DIVISION 8 Department of Aviation DIVISION 9 Department of Municipal Court Services DIVISION 10 Fire Department DIVISION 11 Department of Public Libraries DIVISION 12 Department of Park and Recreation DIVISION 13 Police Department DIVISION 14 Department of Code Compliance DIVISION 15 Department of Transportation and Public Works DIVISION 16 Department of Water DIVISION 17 Department of Communications and Public Engagement 9 DIVISION 18 Department of Public Events DIVISION 19 Department of Economic Development DIVISION 20 Department of Neighborhood Services SECTION 3. The establishment and supervision, appointment of employees, duties and other language currently in Article IV, Departments Chapter 2, Administration for the departments of Information Technology Solutions, Financial Management Services, Transportation and Public Works, Public Events, Economic Development and Neighborhood Services shall move under the appropriate Division as listed in Section 2 above, be renumbered and the content will remain unchanged. SECTION 4. Division 1-A of Article IV, Chapter 2 of the Code of the City of Fort Worth (2015), as previously amended (collectively, the "City Code"), is hereby deleted in its entirety. SECTION 5. Division 2 of Article IV, Chapter 2 of the Code of the City of Fort Worth (2015), as previously amended (collectively, the "City Code"), is hereby amended to establish and define the supervision and duties for a new department, the Department of Diversity and Inclusion to read as follows: Division 2 Department of Diversity and Inclusion Section 2-100 ESTABLISHMENT AND SUPERVISION. A Department of Diversity and Inclusion is hereby established to promote the values of diversity, equity, inclusion, and access as they apply to the City's employee and labor relations, its provision of municipal services and capital investments, and the quality of life that all Fort Worth residents experience. The department shall be supervised by a director ("director"), who will be subject to appointment and removal by the city manager. The director's salary shall be set by the city manager in accordance with the city's compensation plan. Section 2-101 APPOINTMENT OF EMPLOYEES. In accordance with established personnel procedures and as provided by the city budget, the director shall have the authority to appoint, employ and remove assistants, employees and other personnel as the director deems necessary for the efficient administration of the department's affairs and the execution of the department's duties and obligations. The director shall prescribe the duties of and compensation to such assistants, employees and other personnel. Section 2-102 DUTIES. The department shall enforce civil rights laws as they pertain to fair housing, fair employment, and equal access to public accommodations; by raising public awareness of Fort Worth's diverse cultures and their contributions to the community's social and economic vitality; by fostering harmonious human relations among Fort Worth residents; 10 and by coordinating efforts to eliminate racial, ethnic, and gender disparities in criminal justice, economic development, education, governance, health, housing, and transportation as identified in the 2018 final report of the Task Force on Race and Culture. The department shall also have the following responsibilities: (a) Producing annual reports on the City's enforcement of civil rights laws; (b) Ensuring the City's own compliance with state and federal civil rights laws, including the Americans with Disabilities Act and Title VI of the Civil Rights Act of 1964, which prohibits discrimination in programs receiving federal financial assistance; (c) Producing quarterly and annual reports on progress toward eliminating racial, ethnic, and gender disparities; (d) Producing, maintaining, and implementing the City's Equity Plan, which shall identify any and all inequities in the provision of municipal services and present strategies for addressing issues underlying those inequities; (e) Administering the City's minority and women business enterprise program; (f) Training City employees on the values of mutual respect and diversity; and (g) Providing staff support to the Fort Worth Human Relations Commission SECTION 6. Division 3 of Article IV, Chapter 2 of the Code of the City of Fort Worth (2015), as previously amended (collectively, the "City Code"), is hereby amended to establish and define the supervision and duties for a new department, the Department of Planning and Data Analytics to read as follows: Division 3 Department of Planning and Data Analytics Section 2-103. ESTABLISHMENT AND SUPERVISION. A Department of Planning and Data Analytics is hereby established is to assist the City Manager, the City Council, and other City officials in making sound policy decisions by collecting and analyzing data about all aspects of municipal operations and thereby providing decision makers with reliable information and advice. The department shall be supervised by a director who will be subject to appointment and removal by the city manager. The director's salary shall be set by the city manager in accordance with the city's compensation plan. Section 2-104 APPOINTMENT OF EMPLOYEES. In accordance with established personnel procedures and as provided by the city budget the director shall have the authority to appoint, employ and remove assistants, employees and other personnel as the director deems necessary for the efficient administration of the department's affairs and the execution of the department's duties and obligations. The director shall prescribe the duties of and compensation to such assistants, employees and other personnel in accordance with the city's compensation plan. Section 2-105 DUTIES. (a) The department shall assign priority to policy issues associated with the city's long- term growth and development, the creation of a balanced and sustainable tax base, the 11 efficient and effective delivery of municipal services, and the allocation of financial resources for those services. (b) The department shall be responsible each year for producing four mutually consistent policy documents: a. A long-range Comprehensive Plan that forecasts Fort Worth's population and economic growth during the subsequent twenty-year period, sets forth a common vision for the city's future development, and presents the policies, programs, and projects by which the City intends to realize that vision; b. A five-year Strategic Plan that describes the City's goals and how the organization intends to achieve them,thereby guiding the preparation of each department's annual business performance plan; c. A five-year Capital Improvements Program that serves to implement the Comprehensive Plan and the Strategic Plan by scheduling capital projects for which the City has identified appropriate funding sources; and d. The City's annual Budget. (c) The Comprehensive Plan, the Capital Improvements Program, and the Budget shall be subject to review and adoption by the City Council through a process of full and meaningful public participation. The Strategic Plan, being oriented around the management of City government, shall be subject to review and approval by the City Manager. Beyond the production of these policy documents, the department shall also be responsible for conducting various planning, performance, and budget studies addressing critical policy issues in accordance with an annual work program to be approved by the City Manager. (d) In addition to the duties set forth in the Fort Worth City Charter, as prescribed by the city council, and as directed by the city manager, the Department of Planning and Data Analytics shall also have the following duties and responsibilities: (a) Developing and monitoring the city's operating budgets; coordinating, establishing, monitoring, reporting and projecting the city's budgetary expenses and revenues; recommending and assisting with implementation of budget goals and objectives, performing analytical and evaluative studies and completing research and special projects; (b) City-wide tracking and reporting of the capital improvement program (CIP) and other capital projects, capital projects research and policy development; grant writing and research; and special projects as needed; (c) Monitoring of all city grants, auditing and contract compliance; and (d) Providing research and recommendations to the city council on the city's franchised utilities, reconciling the city's electric billing for accuracy and performing utility studies/research. SECTION 7. Division 4, Article IV, Chapter 2 of the City Code of the City of Fort Worth (2015), as previously amended (collectively, the "City Code"), are hereby amended to rename the Division, rename the Planning and Development Department to the Department of Development Services and specify the supervision and duties for the Department of Development Services to read as follows: 12 Division 4 Department of Development Services Section 2-106 ESTABLISHMENT AND SUPERVISION A Department of Development Services is hereby established, which department shall be under the supervision of the Director of Development Services, who shall be subject to appointment and removal by the city manager. The salary of the director shall be in accordance with the compensation plan of the city. Section 2-107 APPOINTMENT OF EMPLOYEES. In accordance with established personnel procedures and as provided by the city budget, the director shall have the power to appoint, employ and remove such employees and personnel according to authorized budgeted positions or authorized personnel overages for the efficient administration of the affairs of the department and to prescribe and fix their duties, scope of authority and qualifications. Unless appointed by the city manager, the director shall appoint a building official. Section 2-108 DUTIES. The director and his or her employees shall be responsible for matters involving zoning and platting; buildings and associated systems and sites development-related public infrastructure; easements and rights-of-way; and annexation and municipal boundaries and s/he shall make appropriate recommendations to the city council, cognizant boards and commissions and the city manager regarding these matters. The director or his or her designee shall serve as executive secretary to the city plan commission, zoning commission, boards of adjustment and other related boards and commissions; and s/he shall have full care, custody and control of all official records and memoranda belonging to such boards and commissions. Section 2-109 BUILDING OFFICIAL. Unless appointed by the city manager, the director shall appoint a building official. The building official shall be responsible, generally, for the issuance or revocation of building, plumbing, mechanical, electrical and sign permits and the enforcement of all related ordinances. Section 2-110 Reserved SECTION 8. Division 6, Article IV, Chapter 2 of the City Code of the City of Fort Worth (2015), as previously amended (collectively, the "City Code"), is hereby renamed Department of Human Resources and to specify the supervision and duties for the Department of Human Resources to read as follows: Section 2-119 ESTABLISHMENT AND SUPERVISION. A department of human resources is hereby established. The department shall be under the supervision of the director of human resources, who shall be subject to appointment and removal by the city manager. The salary of the director of human resources shall be in accordance with the compensation plan of the city. 13 Section 20-120 APPOINTMENT OF EMPLOYEES. In accordance with established personnel procedures and as provided by the city budget, the director shall have the authority to appoint, employ and remove assistants, employees and other personnel as the director deems necessary for the efficient administration of the department's affairs and the execution of the department's duties and obligations. The director shall prescribe the duties of and compensation to such assistants, employees and other personnel. Section 2-121 DUTIES. The director of human resources shall act to coordinate activities within the department. The director shall provide overall management functions for the department, including fiscal control, human resource programs and administration of the city's human resource management program in accordance with the provisions of this chapter and the state civil service law for firefighters and police officers, and in cooperation with other city departments. SECTION 9. Division 7, Article IV, Chapter 2 of the City Code of the City of Fort Worth (2015), as previously amended (collectively, the "City Code"), is hereby renamed Department of Property Management and to specify the supervision and duties for the Department of Property Management to read as follows: Section 2-122 ESTABLISHMENT AND SUPERVISION. Pursuant to Chapter VII, Section 1 of the Charter of the City of Fort Worth, the property management department ("department") is hereby established. The department shall be charged with the administration of the real property and fleet assets of the city, as required by the city council by ordinance, and as directed by the city manager. The department shall be supervised by a director ("director"), who will be subject to appointment and removal by the city manager. The director's salary shall be set by the city manager in accordance with the city's compensation plan. Section 2-123 APPOINTMENT OF EMPLOYEES. In accordance with established personnel procedures and as provided by the city budget, the director shall have the authority to appoint, employ and remove assistants, employees and other personnel as the director deems necessary for the efficient administration of the department's affairs and the execution of the department's duties and obligations. The director shall prescribe the duties of and compensation to such assistants, employees and other personnel in accordance with the city's compensation plan. Section 2-124 DUTIES. In addition to the duties as prescribed by the city manager, the department shall also have the following duties and responsibilities: (a) The department shall be responsible for: (1) The acquisition, disposition, and leasing of real property interests, including the acquisition of utility easements and rights-of-way and the lease and sale of city- owned property surrounding Lake Worth; (2) The management of tax foreclosed properties; 14 (3) Mineral leasing of city property; and (4) Other real property issues related to the city. (b) The department shall provide facilities maintenance and repair to city-owned and city- operated properties, buildings, and facilities as directed by the city manager, and except as specifically delegated otherwise by the City Code. (c) The department shall provide space planning and allocation for the efficient utilization of existing city facilities by city departments. (d) The department shall be responsible for acquiring, monitoring, servicing, and repairing motor vehicles and equipment used by all city departments. Fuels and lubricants shall be researched, purchased, and distributed by the department. The department shall establish charges for classes of equipment and vehicles and shall recommend to the budget office amounts to charge user departments. SECTION 10. Division 8, Article IV, Chapter 2 of the City Code of the City of Fort Worth (2015), as previously amended (collectively, the "City Code"), is hereby renamed Department of Aviation and to specify the supervision and duties for the Department of Aviation to read as follows: Section 2-125 ESTABLISHMENT, SUPERVISION AND FUNDING. A department of aviation is hereby established, which department shall be under the supervision of the director of aviation, who shall be subject to appointment and removal by the city manager. The salary of the director of aviation shall be in accordance with the compensation plan of the city. The aviation department shall be operated as an enterprise fund of the city and as such shall be appropriated all receipts and revenues from the operation of the airports. In addition, the city council may, in its discretion, appropriate other revenues to the aviation department. The city council may choose to assess the aviation department for services provided by other city departments. The funds allocated to the aviation department shall be managed and disbursed in accordance with all applicable statutes, Charter, ordinances or other regulations governing same Section 2-126 APPOINTMENT OF EMPLOYEES. In accordance with established personnel procedures and as provided by the city budget, the director of aviation shall have the power to appoint, employ and remove such officers, assistants, employees and personnel as he or she may deem necessary for the efficient administration of the affairs of the department of aviation and to prescribe and fix their duties, scope of authority and qualifications. Section 2-127 DUTIES. The director of aviation shall be responsible for planning, managing, leasing and operating the city's aviation facilities. The director of aviation shall additionally perform any other function assigned by the city manager to the extent authorized under the Charter of the city and within the guidelines as have been or may be from time to time be adopted by the city council applicable to the operation of aviation facilities. 15 SECTION 11. Division 9, Article IV, Chapter 2 of the City Code of the City of Fort Worth (2015), as previously amended (collectively, the "City Code"), is hereby renamed Department of Municipal Court Services and to specify the supervision and duties for the Department of Municipal Court Services to read as follows: Section 2-128 ESTABLISHMENT AND SUPERVISION. A department of municipal court services is hereby established which department shall be under the supervision of the director, who shall be subject to appointment and removal by the city manager and shall be paid a salary established in accordance with the compensation plan of the city. Section 2-129 APPOINTMENT OF EMPLOYEES. In accordance with established personnel procedures and as provided by the city budget, the director of municipal court services, subject to the provisions of Section 10-4, Creation of a Department of Municipal Court Services, Creation of the Office of Director of Municipal Court Services, Duties of the Director of Municipal Court Services, Creation of the Office of Clerk of the Municipal Court, of Article 1, General, Chapter 10, Courts shall have the power to appoint, employ and remove such officers, assistants, employees and personnel as such director may deem necessary for the efficient administration of the department of municipal court services and to prescribe and fix their duties, scope of authority and qualifications. Section 2-130 DUTIES. The director of municipal court services shall be responsible for the administrative functions of the municipal court system, which shall include responsibility to assure the system functions within and in consonance with personnel and other procedures governing the operation of all other city departments generally as promulgated by the city manager and shall specifically include all of the fiscal affairs of the municipal courts. The director of municipal court services shall submit annually to the city manager a budget estimate of the revenues of the municipal courts and the expenses of conducting the affairs thereof for the ensuing fiscal year. SECTION 12. Division 10, Article IV, Chapter 2 of the City Code of the City of Fort Worth (2015), as previously amended (collectively, the "City Code"), is hereby renamed Fire Department and to specify the supervision and duties for the Fire Department to read as follows: Section 2-131 ESTABLISHED. A fire department is hereby established which shall be under the control of the fire chief who is charged with responsibility to provide the highest level of protection against fire damages to lives and property of the citizens of the city. The department shall also provide continuous service in the areas of fire prevention, fire control, field management areas of hazardous materials, emergency medical service and related public education functions and shall enforce all municipal ordinances and laws, state and federal, with whose enforcement it is charged. The fire department shall be administered by the fire chief, who shall be 16 designated by the city manager and confirmed by the city council. The fire chief shall be responsible for the proper administration and operation of the fire department, subject to the supervision of the city manager and subject to all regulations, policies and ordinances of the city, and the fire chief shall promulgate all rules, regulations and orders for the governing of the fire department. Section 2-132 APPOINTMENT OF EMPLOYEES 1. The fire chief will have exclusive control of the stationing, transfer and work scheduling of all firefighters and other officers and employees of the fire department in accordance with civil service law and city rules and regulations. 2. Executive Assistant Chief (a) The fire chief may designate one officer from the classification immediately below that of fire chief, who, in addition to that officer's regular duties, will be assigned the duties of executive assistant chief, and who will perform the following specialized functions with the department: (1) Serve as acting fire chief when the fire chief is absent from the city or is temporarily unable to fulfill the duties of the office of fire chief, (2) Represent the fire department in matters pertaining to budget,personnel, legal and administrative matters; (3) Represent the fire chief at public functions when fire chief is unable to attend; (4) Assist the fire chief in evaluation of departmental employees and performance; (5)Assist the fire chief in inter-city and intra-city agency and department relations; and (6) Perform other specialized duties, as assigned by the fire chief. (b) The officer who performs the above specialized functions shall receive the sum of $500 per month as assignment pay. Such payment shall be in addition to the officer's regular pay. Section 2-133 DUTIES. The fire chief shall have the exclusive right to discipline any of the officers or employees of the department in accordance with the Revised Civil Statutes, Article 1269m, as amended, city rules and regulations, and fire department rules and regulations and orders. The fire chief shall have the power to negotiate agreements with other governmental subdivisions for mutual aid in fire protection subject to the approval of the city manager. SECTION 13. Division 11, Article IV, Chapter 2 of the City Code of the City of Fort Worth (2015), as previously amended (collectively, the "City Code"), is hereby renamed the Department of Public Libraries and to specify the supervision and duties for the Department of Public Libraries to read as follows: Section 2-134 ESTABLISHED; SUPERVISION. A department of public libraries is hereby established, which department shall be under the supervision of a librarian, who shall be subject to appointment and removal by the city 17 manager. The salary of the librarian shall be in accordance with the compensation plan of the city. Section 2-135 DUTIES. In accordance with established personnel procedures and as provided by the city budget, the librarian shall have the power to appoint, employ and remove such assistants, employees and personnel as deemed necessary for the efficient administration of the affairs of the department of public libraries, and to prescribe and fix their duties, scope of authority and qualifications in accordance with the annual budget of the department of public libraries as finally adopted by the city council and the classification and compensation plan established by the city council. All assistants, employees and personnel of the department of public libraries shall be governed by the same personnel rules and classification and compensation plan as is established for all other employees of the city. Section 2-136 APPOINTMENT OF EMPLOYEES. The librarian shall have charge of the central library and all branch libraries and shall be responsible for the care, classification and arrangement of all library materials, and keep same catalogued and indexed consistent with approved library techniques and practices. The librarian shall promptly report any delinquencies, keep exact account of all moneys from all fines and other amounts collected by the department, process all moneys received in accordance with established city policies, and perform and discharge such other duties as may be prescribed by the city manager. The librarian shall be responsible to the city manager for administration and implementation of the policies established by the city council for the operation of the department of public libraries. SECTION 14. Division 12, Article IV, Chapter 2 of the City Code of the City of Fort Worth (2015), as previously amended (collectively, the "City Code"), is hereby renamed the Department of Park and Recreation and to specify the supervision and duties for the Department of Park and Recreation to read as follows: Section 2-137 ESTABLISHED. There is hereby established a park and recreation department, which department shall be under the supervision of the park and recreation director, who shall be subject to appointment and removal by the city manager. The salary of the park and recreation director shall be in accordance with the compensation plan of the city. Section 2-138 DUTIES. Subject to the approval of the city manager, the park and recreation director shall be responsible for determining the overall policies, regulations and programs governing acquisition, improvement, maintenance and operation of all public parks, parkways, lakes and other recreational areas, and the grounds surrounding all municipal buildings owned or controlled by the city. In addition, the director shall perform such other tasks and administer such programs as may be assigned by the city manager from time to time for the purpose of promoting the well-being of the community and the citizens of the city. The park and recreation director shall be responsible to the city manager for administration and 18 implementation of the policies established by the city council in accordance with the provisions of this article. Section 2-139 APPOINTMENT OF EMPLOYEES. In accordance with established personnel procedures and as provided by the city budget, the park and recreation director shall have the power to appoint, employ and remove such other officers, assistants, employees and personnel as he or she may deem necessary for the efficient administration of the affairs of the park and recreation department, and to prescribe and fix their duties, scope of authority and qualifications in accordance with the annual budget of the park and recreation department as finally adopted by the city council and the classification and compensation plan established by the city council. All officers and employees of the parks and community service department shall be governed by the same personnel rules and classification and compensation plan as is established for all other employees of the city. SECTION 15. Division 13, Article IV, Chapter 2 of the City Code of the City of Fort Worth (2015), as previously amended (collectively, the "City Code"), is hereby renamed the Police Department and to specify the supervision and duties for the Police Department to read as follows: Section 2-140 ESTABLISHED. A police department is hereby established, charged with maintaining peace and order in the community and protecting the citizens of the city. The department shall provide continuous patrol services, response to citizens' calls for assistance, investigate criminal offenses, apprehend offenders, provide traffic enforcement and enforce all municipal ordinances and laws, state and federal, the enforcement of which it is charged with. The police department shall be administered by the office of the chief of police, who shall be designated by the city manager. Section 2-141 DUTIES. The office of the chief of police shall be responsible for the proper administration and operations of the police department, subject to the supervision of the city manager, and subject to all regulations, policies and ordinances of the city and he or she shall promulgate all rules, regulations and orders for the governing of the police department. The chief of police shall have the exclusive right to discipline any of the officers or employees of the department in accordance with state civil service law, city rules and regulations, police department general and interim orders, and the police department code of conduct. In case of the disability of the chief of police or the executive assistant chief, by reason of sickness, absence from the city or other cause, the city manager shall designate one of the assistant chiefs or deputy chiefs within the police department to act as chief of police during such disability, and the officer so designated shall serve without additional compensation. Section 2-142 EXECUTIVE ASSISTANT CHIEF. (a) The police chief may designate one officer from the classification immediately below that of police chief,who, in addition to that officer's regular duties, will be assigned the 19 duties of executive assistant chief, and who will perform the following specialized functions with the department: (1) Serve as acting police chief when the police chief is absent from the city or is temporarily unable to fulfill the duties of the office of police chief; (2) Represent the police department in matters pertaining to budget, personnel, legal and administrative matters; (3) Represent the police chief at public functions when the police chief is unable to attend; (4) Assist the police chief in evaluation of departmental employees and performance; (5) Assist the police chief in inter-city and intra-city agency and department relations; and (6) Perform other specialized duties, as assigned by the police chief. (b) The officer who performs the above specialized functions shall receive the sum of$500 per month as assignment pay. Such payment shall be in addition to the officer's regular pay. SECTION 16. Division 14, Article IV, Chapter 2 of the City Code of the City of Fort Worth (2015), as previously amended (collectively, the "City Code"), is hereby renamed the Department of Code Compliance and to specify the supervision and duties for the Department of Code Compliance to read as follows: Section 2-143 ESTABLISHED. A department of code compliance is hereby established. The department shall be under the supervision of the director of code compliance who shall be subject to appointment and removal by the city manager. The salary of the director of code compliance shall be in accordance with the compensation plan of the city. The director of code compliance shall be in charge of the department of code compliance and shall be responsible for enforcement of this chapter and of the city's environmental, health, housing and zoning codes and ordinances Section 2-144 DUTIES. The department of code compliance shall have the following duties. (a) The director of the department shall act to coordinate activities within the department. The director shall provide overall management functions for the department, including contract management, fiscal control and personnel/safety programs. (b) The director shall designate employees to enforce city code provisions. The code enforcement personnel shall be responsible for performing recurring inspections of properties in order to cause abatement of environmental, health, zoning and housing nuisances. These employees shall prepare cases for review by the building standards commission and the city council. They will initiate and participate in legal action, when required, to be processed through the municipal court and the Tarrant County court system and in nuisance abatement actions performed by the city. 20 Section 2-145 APPOINTMENT OF EMPLOYEES. In accordance with established personnel procedures and as provided by the city budget, the director of code compliance shall have the power to appoint, employ and remove such officers, assistants, employees and personnel as he or she may deem necessary for the efficient administration of the affairs of the department of code compliance and to prescribe and fix their duties and scope of authority within the budget approved by the city council. SECTION 17 Division 16, Article IV, Chapter 2 of the City Code of the City of Fort Worth (2015), as previously amended (collectively, the "City Code"), is hereby renamed the Department of Water and to specify the supervision and duties for the Department of Water to read as follows: Section 2-150 ESTABLISHED. There is hereby established a waterworks department which shall also be known as the department of water, which department, under the supervision of the director of the water department, shall be responsible for planning, constructing, operating and maintaining water and sanitary sewerage systems serving the city and such others as the city council may approve and direct. The department shall be under the supervision of the director of the water department, who shall be appointed by the city manager. The salary of the director shall be in accordance with the compensation plan of the city. Section 2-151 DUTIES. Such responsibility of the water department shall include, but not be limited to, engineering for the planning, design and construction of water and sewer facilities; developing programs for expenditures for capital improvements of such water and sewerage systems; providing for establishment of appropriate business procedures, personnel and equipment to ensure adequate record keeping, billing and collection of charges for services rendered; developing rate structures for services rendered to ensure adequate revenue for the full financing of all necessary expenses of carrying out all water department responsibilities; providing personnel, equipment and material as necessary to conduct, reconstruct, operate and maintain water and sanitary sewer systems' piping, pumping and treating facilities; and such other undertakings as may be deemed appropriate by the city council. Section 2-152 APPOINTMENT OF EMPLOYEES. In accordance with established personnel procedures and as provided by the city budget, the director of water shall have the power to appoint, employ and remove such officers, assistants, employees and personnel as he or she may deem necessary for the efficient administration of the affairs of the department of water and to prescribe and fix their duties and scope of authority within the budget approved by the city council SECTION 18. Division 17, Article IV, Chapter 2 of the City Code of the City of Fort Worth (2015), as previously amended (collectively, the "City Code"), is hereby renamed the Department of 21 Communications and Public Engagement and to specify the supervision and duties for the Department of Communications and Public Engagement to read as follows: Section 2-.153 ESTABLISHED. There is hereby established a department of communications and public engagement under the supervision of the director of the department of communications and public engagement who shall be responsible for oversight of the City's website, cable communications office, call center and the community engagement team. The department shall be under the supervision of the director of the communications and public engagement, who shall be appointed by the city manager. The salary of the director shall be in accordance with the compensation plan of the city. Section 2-154 DUTIES. Such responsibility of the department of communications and public engagement shall include, but not be limited to, working with a variety of stakeholders to share city messages across a variety of communications channels and take feedback and ideas from the community back to city officials to create an inclusive and responsive city government. The department is also responsible for: a. Coordinating media relations activities and handling media inquiries for the City of Fort Worth; b. Working with residents on building neighborhood capacity and the developing communication networks of city stakeholders. These include faith-based groups, neighborhood associations, schools and nonprofit organizations; c. Managing the call center that answers calls for various city departments and switchboard calls for the City Manager's Office, initiating work orders for residents, and educating and clarifying city services and regulations; and d. Maintaining and managing the content on the city's website. Section 2-155 APPOINTMENT OF EMPLOYEES. In accordance with established personnel procedures and as provided by the city budget, the director of communications and public engagement shall have the power to appoint, employ and remove such officers, assistants, employees and personnel as he or she may deem necessary for the efficient administration of the affairs of the department of communications and public engagement and to prescribe and fix their duties and scope of authority within the budget approved by the city council Sections 2-156-160 Reserved SECTION 19. The Department of Communications and Public Engagement, now established in Division 17, Article IV, Chapter 2 of the City Code of the City of Fort Worth (2015), as previously amended (collectively, the "City Code"), is hereby ratified. 22 SECTION 20. The following Sections of the Code of the City of Fort Worth (2015), as previously amended(collectively, the "City Code"), are hereby deleted in their entirety and reserved for further use: Sections 2-176 - 2-177 Human Relations, Article V, Chapter 2 Administration Sections 2-301 - 2-303 Property Management, Article X, Chapter 2 Administration Sections 2-310 - 3-313 Planning and Development Department, Article XI Chapter 2, Administration Sections 3-16—3-19 Department of Aviation and Aviation Advisory Board and Section 3-25 Sections 13-21 - 13-23 Article II, Division 1, Chapter 13, Fire Prevention and Protection Sections 19-16 - 19-18 Article II, Chapter 19, Public Libraries Sections 24-36 - 24-38 Article II, Chapter 24, Park and Recreation Sections 27-21 - 27-23 Article II, Chapter 27, Police Section 35-2 Article I, Chapter 35. Water and Sewers Sections 11 A-1 — 11 A-4 Article I, Appendix B Department of Code Compliance SECTION 21. The title of Article II, Department of Aviation and Aviation Advisory Board of Chapter 3, Airports and Aircraft of the Code of the City of Fort Worth (2015), as previously amended (collectively, the "City Code") is hereby changed to Aviation Advisory Board. SECTION 22. All references in the Code of the City of Fort Worth (2015), as previously amended (collectively, the "City Code") to the Planning and Development Director are hereby replaced with the Development Services Director. SECTION 23. Section 12.5-878, Conformance with Stormwater Management Policies, Article X, Grading Permit of Chapter 12.5, Environmental Protection and Compliance and Subsection (4).c. Design and Installation: Security Gate, Section 31.107, Gated Subdivisions and Development, Article VI, Subdivision Design Standards of Chapter 31 Subdivision Ordinance of the Code of the City of Fort Worth (2015), as previously amended (collectively, the "City Code"), are hereby amended to reallocate certain duties of the Transportation and Public Works Director to the Development Services Director as follows: Sec. 12.5-878 CONFORMANCE WITH STORMWATER MANAGEMENT POLICIES. An applicant for a grading permit shall submit grading plans and a drainage study prepared by a professional engineer with the permit application. The Development Services Director_or his or her designee shall review these documents for conformance with stormwater design policies contained in the latest edition of iSWM manual. Design standards and criteria contained in the stormwater management design manual approved by the city in March, 2006 may, however, be used for 23 stormwater infrastructure design for subdivisions approved after June 1, 2006 and before the adoption of this provision of the city code. c. 31-107 GATED SUBDIVISIONS AND DEVELOPMENTS. (4) c. Secondary emergency access to a public street or alley shall be provided for all gated one- or two-family subdivisions/developments containing more than 30 lots or dwelling units. Said gate access and related mechanical or manual security appurtenances shall be approved by the city's Development Services Director and Fire Marshal. SECTION 24. The name of Appendix B of the Code of the City of Fort Worth (2015), as previously amended (collectively, the "City Code"), is hereby changed from the Department of Code Compliance to Code Compliance. SECTION 25. Section 2-118, Department Duties, City Budget, Article IV Departments, Division 2, Financial Management Services of Chapter 2 Administration of the Code of the City of Fort Worth (2015), as previously amended (collectively, the "City Code"), is hereby deleted in its entirety and reserved for future use. SECTION 26. This Ordinance shall be cumulative of all ordinances of the City, except where the provisions of this Ordinance are in direct conflict with the provisions of such other ordinances, in which case the conflicting provisions of such other ordinances are hereby repealed. SECTION 27. The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable. If any portion of this Ordinance is declared illegal or unconstitutional by the valid final judgment or decree of any court of competent jurisdiction, such illegality or unconstitutionality shall not affect the legality and enforceability of any of the remaining portions of this Ordinance. SECTION 28. This Ordinance shall be in full force and effect following its adoption. AND IT IS SO ORDAINED. ADOPTED AND EFFECTIVE: February 4, 2020 APPRO)4ED AS TO FORM AND LEGALITY: By: L�GIG �ORT F " Gv City tto ey Al O: a J. Ka r, C ecretary M&C:20-0059 z go. City of Fort Worth,Texas Mayor and Council Communication DATE: 02/04/20 M&C FILE NUMBER: M&C 20-0059 LOG NAME: 12CHAPTER2REORG SUBJECT Adopt the attached ordinance amending the Code of the City of Fort Worth to establish two new departments,the Planning and Data Analytics and the Department of Diversity and Inclusion;rename the Planning and Development Department to the Department of Development Services, confirm the establishment of the Department of Communications and Public Engagement, add the duties and functions for each appointed official and move the duties and functions for each department under the control of the City Manager into Chapter 2,Administration(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance amending the Code of the City of Fort Worth to establish two new departments,the Planning and Data Analytics and the Department of Diversity and Inclusion;rename the Planning and Development Department to the Department of Development Services,confirm the establishment of the Department of Communications and Public Engagement;add the duties and functions for each appointed official and move the duties and functions for each department under the control of the City Manager into Chapter 2,Administration. DISCUSSION: Chapter Vlli, Section 1 of the City Charter authorizes the City Council to establish by ordinance such departments, divisions, and offices as it deems necessary for the operation of the City's business(in addition to those departments required by the City Charter)and also authorizes the City Council to discontinue any department or office established by ordinance and to prescribe,combine, consolidate, distribute,or abolish the functions and duties of departments,divisions,or offices. The City Manager is recommending that the City Council combine the Budget staff and certain Planning staff into a new department, the Department of Planning and Data Analytics; that the remainder of Planning and Development Department be renamed to the Department of Development Services; that the existing Department of Communications and Public Engagement be ratified and that a new department,the Department of Diversity and Inclusion be established. It is the recommendation of the City Attorney that the City Code also be revised to include the duties of each appointed official and to move the establishment and duties for each department under the control of the City Manager from existing chapters in the Code into Chapter 2, Administration. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that approval of these recommendations will have no material effect on City funds. Submitted for City Manager's Office by: ALL ACMs 6222 Originating Business Unit Head: Sarah Fullenwider 7623 Additional Information Contact: Sarah Fullenwider 7623