HomeMy WebLinkAbout5024-01/10/2011ORDINANCE NO. 5024
AN ORDINANCE AMENDING THE 2007 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
ADDING CHAPTERS 1-6F, CREATING DEPARTMENT OF
SAFETY SERVICES; AMENDING SECTION 2 OF
CHAPTER 6, ARTICLE A, 1-6A-2, POLICE CHIEF;
REPEALING SUBPARAGRAPH 1 OF PARAGRAPH A OF
SECTION 1-6B-1; AND ENACTING IN LIEU THEREOF
A NEW SUBPARAGRAPH 1 OF PARAGRAPH A OF
SECTION 1-6B-1, COMPOSITION OF DEPARTMENT;
AMENDING SECTION 2 OF CHAPTER 6, ARTICLE B,
1-6B-2, FIRE CHIEF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA:
That Title 1, Administration; Chapter 6, Municipal
Departments, will be amended to add a new Article F entitled
Department of Safety Services.
1-6F-1: DEPARTMENT CREATED:
The Department of Safety Services for the City of
Waterloo is hereby created.
1-6F-2: DEPARTMENTAL POWERS AND DUTIES:
A. It shall be the duty of the Department of Safety
Services to oversee the police department and fire
department of the City of Waterloo.
B. The department shall have the power to perform any duty
currently assigned to the fire department or police
department by this Code of Ordinances, which is not
required by the Iowa Code to be exclusively performed
by the police chief or fire chief.
1-6F-3: DIRECTOR OF SAFETY SERVICES:
A. Appointment: A Director of Safety Services shall be
appointed by the mayor and subject to the approval of
the city council and shall be directly responsible to
the mayor. Such appointment shall be in accordance
with all city policies and procedures regarding
recruitment, selection and appointment of employees.
B. Absence of Director of Safety Services: Whenever the
Director of Safety Services shall be out of the city,
or unable to act on account of sickness or any other
reason (including those periods of time when the mayor
has not appointed a Director of Safety Services), the
Director of Safety Services or the mayor shall appoint
a designee who shall have and exercise all the powers
and duties of the Director of Safety Services.
C. Management, Supervision and Duties: The Director of
Safety Services shall supervise, direct, and manage the
Department of Safety Services. The Director of Safety
Services shall:
1. (a) Subject to subsection (C)(1)(d) below, appoint
an Assistant Director of Safety Services -Police to
manage the operations of the police department.
Subject to subsection E below, said Assistant
Director may, if so appointed, also be the chief
Ordinance No. 5024
Page 2
of police for purposes of Iowa Code section 400.13
and any other provision of the Iowa Code assigning
duties exclusively to the police chief; 2. The
Director of Safety Services shall appoint an
Assistant Director of Safety Services -Fire to
manage the operations of the fire department.
Said Assistant Director may, if so appointed, also
be the fire chief for purposes of Iowa Code 400.13
and any other Iowa Code provisions assigning
duties exclusively to the fire chief.
(b) Subject to subsection (C)(1)(d) below, appoint
an Assistant Director of Safety Services -Fire to
manage the operations of the fire department.
Subject to subsection E below, said Assistant
Director may, if so appointed, also be the fire
chief for purposes of Iowa Code section 400.13 and
any other provision of the Iowa Code assigning
duties exclusively to the fire chief;
(c) In making selections for the Assistant
Director positions described above, the Director
of Safety Services must choose candidates from the
civil service eligible lists as required by Iowa
Code section 400.13;
(d) In the event that the Director of Safety
Services is also appointed police chief or fire
chief pursuant to subsection E below, the Director
of Safety Services shall not be required to
appoint an Assistant Director of the department
for which he or she serves as chief. If the
Director does choose to appoint an Assistant
Director, then the Director shall be the only
chief in that department and the Assistant
Director of such department shall not be appointed
as chief nor shall his or her duties include the
duties of chief, except as such duties may
lawfully be delegated by order of the Director of
Safety Services.
2. Supervise and direct the activities and operations
of the Assistant Director of Safety Services -
Police and the Assistant Director of Safety
Services -Fire.
3. Provided the Director of Safety Services is also
appointed either police chief or fire chief
pursuant to subsection 6-E, take any action or
perform any duty currently assigned that position
under this Code of Ordinances and the Code of
Iowa.
D. Limitation on Authority. The Director of Safety
Services, if not serving as chief of a department,
shall have no authority to take any action exclusively
delegated by the Iowa Code to the positions of police
chief or fire chief or reassign any such duties to the
position of Director of Safety Services. Such actions
include, but are not limited to, the duties established
by subsection 1-6A-3 to the extent they are required by
chapter 80D of the Iowa Code, subsection 4-3C-4 to the
extent they are required by Iowa Code section 455B.386,
and subsection 1-6B-2 to the extent they are required
by Iowa Code sections 100.2, 102.2, and 102.3.
Ordinance No. 5024
Page 3
E. Appointment of Director to Chief Position. In lieu of
the Director of Safety Services appointing the
Assistant Directors of Safety Services as either police
chief or fire chief, the mayor, with approval of the
city council, may appoint the Director of Safety
Services to the office of police chief or fire chief at
the same time that he or she holds the position of
Director of Safety Services, provided the individual is
otherwise qualified to hold such office under the Iowa
Code, but the Director of Safety Services may not be
both police chief and fire chief at the same time.
F. Qualifications. The Director of Safety Services must
be appointed from the Chief's civil service eligible
lists provided for in Iowa Code section 400.13.
That Ordinance 1-6A-2 which establishes the position of
police chief shall have the first sentence stricken in its
entirety and replaced with the following language: "The chief of
the police department shall be either the Director of Safety
Services or the Assistant Director of Safety Services -Police, in
either case appointed pursuant to section 1-6F-3 of this Code of
Ordinances."
That Ordinance 1-6B-1 which establishes the fire department
shall have section (A)(1) stricken and new language included
which reads as follows: "One chief, who shall be either the
Director of Safety Services or the Assistant Director of Safety
Services -Fire, in either case as appointed pursuant to section 1-
6F-3."
That Ordinance 1-6B-2 (A) which describes the appointment of
the fire chief shall have the first sentence stricken and
replaced with the following language: "The fire chief shall be
the Director of Safety Services or the Assistant Director of
Safety Services -Fire, in either case appointed pursuant to
section 1-6F-3 of this Code of Ordinances."
That Ordinance 1 -6B -2(B)(11) shall be revised to include the
following: "From time to time make a report to the Director of
Safety Services and the city council of such property as may be
needed."
INTRODUCED:
January
10,
2011
PASSED
1ST
CONSIDERATION:
January
10,
2011
PASSED
2ND
CONSIDERATION:
January
10,
2011
PASSED
3RD
CONSIDERATION:
January
10,
2011
PASSED
AND
ADOPTED this 10th
day of January,
2011.
Ernest G. Clark, Mayor
ATTEST:
uzy hares, CMC
City Clerk
Ordinance No. 5024
Page 4
CERTIFICATE
I, Suzy Schares, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Ordinance No. 5024, as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 10th day of January, 2011.
Witness my hand and seal of office this 10th day of January,
2011.
SEAL Suzy Sc ares, CMC
City Clerk
STATE OF IOWA,
Black Hawk County,
AN ORDINANCE AMENDING THE
CODE OF
ORDINANCES OF THE
OF WATERLOO. 1(NN6. rxv Ar
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I do solemnly swear that the annexed copy of legal
Waterloo, City of
SS Ordinance 5024
Notice was published in the Waterloo -Cedar Falls
Courier, a daily newspaper printed in Waterloo, Black
Hawk County, Iowa, once commencing on the 3rd
day of February 2011 in the name of
said newspaper, and that the annexed rate of
advertised is the regular legal rate of said newspaper,
and that the following is a correct bill for publishing
said notice.
Printer's Bill $70.96
lJ. ( _
Signed
Subscribed and sworn to before me this
Day of 1,A.D., 20 77
r
Received of
the sum of
Notary Public
Dollars.
In full for publication of the above notice.