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HomeMy WebLinkAboutOrdinance - 2006-O0046 - VOID Amending Chapter 1 With Regard To City Council Oversight And Governance - 04/13/2006Pirst Reading April 13. 2006 Item No. 1.1 lJevu ~"'('c.\,~ va t-D ORDINANCE NO. 2006-oo046 AN ORDINANCE AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO CITY COUNCIL OVERSIGHT AND GOVERNANCE ISSUES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock, Texas deems it in the best interest of the health, safety, and welfare of the citizens of Lubbock to make the following amendments to Chapter 1 of the Code of Ordinances with regard to City Council oversight and governance issues; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a section, to be numbered 1-13, which said section reads as follows: Sec. 12-13. City Council Oversight and Governance Issues. The City Council adopts the following policy with regard to city governance and oversight: 1. City Council approval for all raises and salaries in an Open Public Meeting, City Manager, City Secretary, City Attorney, Assistant City Managers, and all senior staff, directors, managers, department heads, and supervisors. team leaders. This is including, but not limited to, all pay adjustments for market adjustments, re- classification of job duties and/or classification changes in budget as a budget amendments during a fiscal year. The purpose is to make sure that the compensation policies of the City of Lubbock are administered in a fair, structured, competitive, analytical-market rationale manner for the city's employees. Additionally, exploring creating a compensation committee of the Council or maybe private citizens to review all compensation changes and make recommendations to Council. Establish additionally a detail job description for current HR Dept to have an ADVOCATE FOR EMPLOYEES on all insurance claims issues to be resolved and settled quickly with city management and insurance carrier/TPA. This is not a new position or FTE. 3. Elimination of specific City Manager exclusively pre-approve $25,000 spending limit without City Council approval and/or monthly report of usage in an Open Public Meeting. All purchases of services and/or goods have to have fmal approval in Open Meeting by City Council. This is not an item for all city purchased items goods, services, but just the exclusivity of usage by the city manager. 4. Parity Pay for Lubbock Fire Fighters and the Lubbock Police Dept. not to exceed a transition over a 3-year period maximum. 5. Lubbock City Council approval, consent and guidance needed for retaining any outside legal counsel (hiring of outside law firms and/or attorneys), architects and engineering finns, accountants and professional services consultants over $2500 in Open Public Meeting. This action would take place after the possible litigation exception discussions in the executive session. Final approval with contract and/or letter of engagement by professional services with rates by the City Council. 6. All employee 11Pay-Arrangements" as consultants/contractors require approval in Open Public Meeting every 90-days. days going in. A progress review every 90 days would be presented to the City Council. All employees who quit, and are requested to become consultants/contractors require City Council approval every 90-days to be done in Open Public Meeting. Items to be referred to the City Council Audit Committee for consent, advice, and recommended policies; a. Certification Letters by executive city management, to the City Council and citizens of Lubbock that will require accuracy, integrity, truthfulness in the fmancial statements and fmancial condition of the City of Lubbock with current adopted State of Texas criminal penalties if not stated accurately. b. Establishment of an "employee confidential hotline" to report any violation of finances, policies or ordinances to the Audit committee for review, investigation, and appropriate recommendations to the City Council. c. Hiring of outside legal counsel to report/advise the Audit Committee and City Council with the purpose to review all personnel policies and procedures, personnel training, to ensure proper employment practices. SECTION 2. THAT should any paragraph, section, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of the Ordinance shall not be affected thereby. SECTION 3. THAT the City Secretary of the City of Lubbock, Texas, is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative means of publication provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 13th day of April '2006. Passed by the City Council on second reading this .~day of _ ___2May~--· 2006. ATTEST: Rebecca Garza, City Secretary rv/Q:/CCDOCS/Boren-Ord. April 13, 2006 DAVID A MILLER, MAYOR Regular City Council Meeting May. 25, 2006 5. Appropriate additional realized revenue of $118,554 from increased assessments in the North Overton Public Improvement District and to authorize increased expenses related to the addition of a portion of the payroll/benefits of $8,023 for the Business Development Specialist assigned to the PID (see item #4), $57,000 for security, $5,000 for lighting and $48,53 I for landscaping. 6. Appropriate additional realized revenue of $757,268 from increased property tax revenues in the North Overton Tax Increment Finance Reinvestment Zone and to authorize increased expenses related to the addition a portion of the payroll/benefits totaling $16,045 for the Business Development Specialist (see item #4) and $19,362 for the Senior Financial Analyst. The Senior Financial Analyst (Cheryl Brock) is currently funded 100% from the General Fund. A portion of her time is spent working on TIF related items, therefore a portion of her salary and benefits are being shifted to the TIF. The remaining revenues will be used to reduce the transfer from the Solid Waste Fund from $1,012,449 to $290,588. 7. Amend 7 capital projects in the LP&L Fund budget for a net increase of $1,855,624. Specific information regarding these projects is competitive information protected under Chapter 552.133 of the Texas Government Code. Staff recommended approval of the first reading of this ordinance. Tommy Camden, Director of Health Services; Jeff Yates, Chief Financial Officer; Mark Yearwood, Chief Information Officer; and, Lee Ann Dumbauld, City Manager, gave comments and answered questions from Council. Regarding Item 2 above, Council Member Boren expressed to staff that we need to be proactive and provide more public awareness. Motion was made by Council Member DeLeon, seconded by Council Member Boren to pass on first reading Ordinance No. 2006-00070 as recommended by staff. Motion carried: 6 Ayes, 0 Nays. 6.14. Ordinance 2nd Reading-Co~ilm.~Jn Gary Boren: Ordinance No. 2006- 00046 Consider an ordinance amending Chapter 1 of the Code of Ordinances with regard to City Council oversight and governance issues; providing a savings clause; and providing for publication. T~is item was deleted. 11:37 A.M. COUNCIL RECESSED TO EXECUTIVE SESSION 2:55 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor Miller adjourned the meeting immediately following Executive Session. 33 CITY OF LUBBOCK SPECIAL CITY COUNCIL MEETING April 13, 2006 1:50 P.M. The City Council of the City of Lubbock, Texas met in special session on the 13th day of April, 2006, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 1:50 P.M. I :50 P. M. CITY COUNCIL CONVENED Present: Absent: City Council Chambers, 1625 13th Street, Lubbock, Texas Mayor Marc McDougal, Mayor Pro Tem Tom Martin, Council Member Gary 0. Boren, Council Member Linda DeLeon, Council Member Jim Gilbreath, Council Member Phyllis Jones, Council Member Floyd Price Noone 1. REGULAR AGENDA 1.1 Ordinam.:e-Councilman Gary Boren: Ordinance 2006-00046 in regard to Citizens of Lubbock/City Employees Protection Action; Re-consideration of current City Personnel Policies, City Budget -PayroU/Compensation, City Manager, City Attorney, City Secretary. Council Member Boren read the proposed ordinance in the form of a motion and asked Mayor McDougal that the policies be adopted on first reading and to realize that there is time between the first and second reading to make needed adjustments and fine-tune the ordinance. Council Member Gilbreath said he would second the motion if Item 3 of the proposed ordinance would be eliminated. Council Member Boren agreed. Mayor McDougal suggested changing the verbiage under Item 1 of the ordinance from City Council approval to City Council notification. The Mayor stated that Item 5 of the ordinance (regarding Council approval for retaining outside legal counsel or other consultants) is already in place and the only change would be approval during Open Public Meeting instead of action during Executive Session. City Manager Lee Ann Dumbauld expressed her concerns regarding a recent contract she signed which is being contracted through an outside finn, per Council's request. Mayor McDougal infonned Ms. Dumbauld that this ordinance is not an ordinance yet, she is operating currently under her own authority, and we need to move forward with the contract. After further discussions, consensus from Council was to rework some of the items on the proposed ordinance. Council Member Gilbreath suggested Mayor McDougal put together a group of three individuals to get together and Regular City Council Meeting April 13, 2006 fine-tune the ordinance and work out the rough spots. The Mayor appointed Council Members Boren, Gilbreath, and Jones to do this. After completion, the Mayor requests that it comes back to Council with the agenda books, prior to the meeting at which it will be discussed. Motion was made by Council Member Boren, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2006-00046 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 2:30P.M. CITY COUNCIL ADJOURNED There being no further business to come before Council, Mayor McDougal adjourned the meeting. 2 COUNCIL DOCUMENTS SUBMITTAL FORM (GOLD SHEET) • One submittal form per agenda item • Original retained for permanent file in City Secretary's Department • Furnish additional originals for department's needs • One executed copy will be automatically forwarded to the originating department • Submittal departments are responsible for all attachments, exhibits, etc. (complete document) DEPT: (!JttUt) COUNCIL MEETING DATE: · vj;Yjd~ CONTACT PERSON:_Q"-· .~--P.:..;.o.ftdf........._ __ _ DOCUMENT DESCRIPTIO~IIfylng key words): de o~ef~~ TELEPHONE EXTENSION #_--=S_$..._512~- DOES DOCUMENT AMEND/REPEAL PRIOR RESOLUTION/ORDINANCE•? )/ D IF YES, WHICH ONE. SPECIFY. rlf prior ordinance codified. no need for cross--referencing) ARE ALL SIGNATURES IN PLACE ON ALL DOCUMENTS? IF NOT, WHY? / L7 YES __ _ NO __ _ ARE ALL CONTRACTS/AGREEMENTS, ETC. ATTACHED? YES __ _ NO __ _ F~~WH" ~t I EFFECTIVE DATE OF DOCUMENTS IF DIFFERENT FROM CC MEETING DATE: ____ _ DISPOSJTION OF ADDITIONAL DOCUMENTS, PLEASE SPECIFY: ____________ _ PROVIDE APPROPRIATE INFORMATION: RESOLUTIONlDROiNANCu QUANTITY CONTRACT/AGREEMENT/CHANGE ORDER/AMENDMENT* QUANTITY (•Requires a Contract Cover Sheet) OTHER: QUANTITY RUSH executed copies on Council day: _____ _ I I Managing Director/Dept Head Signature AGENOA ITEM # .. 1ST READING: 2ND READING: FOR CITY SECRETARY'S DEPARTMENT USE RESOLUTION NO. 2006-R. ___ _ COUNCIL DATE ORDINANCE NO. 2006-0 ~ {)o tj ~ AGENDA ITEM# ! I COUNCIL DATE: AGENDA ITEM# t:1 ]),J;J;l COUNCIL DATE DISPOSITION -S /-l.S/o(. '-};J: " I e ' r 1 CALLED: .. ----INTER-DEPT MAIL: ____ PICKED UP:--------