Chapter 21 - EXECUTIVE BRANCH, GENERALLY

Sec. 20.501. - Data Management and Analysis Officer; Establishment; Functions. Chapter 22 - MILITARY AFFAIRS AND VETERANS DEPARTMENT Chapter 21 - EXECUTIVE BRANCH, GENERALLY[1]

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Charter reference— Directors of departments, § 7.101; divisions and division chiefs, § 7.102; changes in departments, § 7.103.

PART 1. - GENERAL ORGANIZATION

Sec. 21.101. - Structure of executive branch.

The executive branch is structured as follows:

(a)

The department is the principal administrative unit of the executive branch. All functions of the executive branch, unless otherwise specifically exempted, will be included within a department. Departments shall be organized along functional or program lines and the responsibility within a department for each of the functions or programs assigned thereto shall be clearly fixed and ascertainable. Each department is headed by a director, who may have a title descriptive of his departmental functions.

(b)

The principal unit of a department is the division. A division is an administrative or operating unit that is organizationally independent of any other unit of the department and is responsible for the performance or fulfillment of one or more integrated or complete functions or programs related in overall scope. Unless a department has no subdivisions, all of its functions and programs shall be distributed among two or more divisions, each of which may be an operating unit performing some function or program or may be an administrative unit providing coordination or general supervision for all of the subordinate units of the division. Each division is headed by a division chief, who may have a title descriptive of his divisional functions and programs.

(c)

Each unit of government under the control and direction of an independent elected officer is an office, designated by the name of the independent elected officer who is its head. An office may be divided, for administrative convenience or pursuant to the requirements of law, into subordinate units, each responsible for performing a specified function within the office.

(d)

There may be within a department one or more boards which perform advisory functions or exercise regulatory authority within the jurisdiction of the department. Unless otherwise provided by law, a departmental board shall be a part of the organizational structure of the department and shall receive administrative and fiscal support from the department.

(e)

An independent board may be created to perform functions or exercise authority which should be as free as possible of direct control by executive departments or independent elected officers. Unless otherwise provided by law, an independent board shall not be a part of the organizational structure of an executive department or office and shall receive administrative and fiscal support through appropriations for the board.

(Ord. 83-591-400, § 1)

Sec. 21.102. - Allocation of duties.

Unless specifically authorized, a department director may not reallocate duties and functions specifically assigned to a particular unit of the department. Those functions or programs assigned generally to a department or the director may be allocated and reallocated to units of the department by the director, with the approval of the Mayor. No additional units may be established in a department and no existing units may be abolished, except by ordinance.

(Ord. 83-591-400, § 1)

Sec. 21.103. - Units as operating units.

The units described in Section 21.101(a) through (c) are the designations of the operating units of the Consolidated Government. That Section shall not operate to abolish an office created by law or by executive order, the purpose of which is to make the administrative responsibility of the department director more effectively and efficiently fulfilled. This office may include two or more related units under a single official superior to the heads of the units and the official may be designated by a title other than those described in Section 21.101.

(Ord. 83-591-400, § 1)

Sec. 21.104. - Department directors: powers and duties.

Each department director, unless otherwise provided, shall:

(a)

Plan, direct, coordinate and execute the powers, duties and functions vested in that department or a unit thereof and the fact that powers, duties or functions are assigned or transferred to a unit of the department shall not be construed as limitation upon this authority.

(b)

Have authority to promulgate rules for the internal administration of his department and for the proper exercise of the powers, duties and functions of the department.

(c)

Compile annually a comprehensive legislative budget covering and reflecting all program and fiscal matters related to the operation of the department and such other matters as may be required by law.

(d)

Make recommendations to the Mayor concerning the more efficient internal organization of the department.

(e)

Reimburse the members of departmental advisory boards for their necessary and actual expenses incurred in the performance of their duties.

(Ord. 83-591-400, § 1)

Sec. 21.105. - _______: delegates.

Whenever a department director is empowered, authorized or directed to execute a power, duty or function vested in the department or in him as head of the department, he may by written instrument or departmental rule delegate the execution of the power, duty or function to some other officer or employee of the department, unless the law so empowering, authorizing or directing the director requires that power, duty or function to be executed personally by him. A delegation of authority by a department director shall be an authorization to redelegate the execution of the power, duty or function to an officer or employee performing services under the officer or employee to whom the initial delegation is made; provided, that the director may prohibit redelegation of authority or impose limitations on the extent thereof.

(Ord. 83-591-400, § 1)

Sec. 21.106. - Enforcement of laws.

Except when the authority is expressly given by law to some other person, the administration and enforcement of the laws pertaining to or under the cognizance of a department shall be performed by or under the supervision of the department director.

(Ord. 83-591-400, § 1)

PART 2. - EXECUTIVE REORGANIZATION

Sec. 21.201. - Declaration of policy.

The Council hereby finds and declares:

(a)

The agencies which comprise the executive branch should be included within a reasonable number of executive departments consistent with executive capacity to administer effectively at all levels of government. The number of agencies created to execute the functions of government should be held to a minimum consistent with the requirements placed upon the Consolidated Government.

(b)

Structural reorganization should be a continuing process through careful legislative and executive appraisal of the placement of proposed new programs and coordination of existing programs. The agencies in the executive branch or exercising administrative or executive functions should be integrated into the executive departments to achieve maximum efficiency and effectiveness. The creation of boards and commissions, with no direct control by the executive branch, should be done only when the subject matter of the agency should remain free of political influence or executive control for the public good.

(c)

The management and coordination of governmental services and property should be continually improved and overlapping activities eliminated. When an agency has performed the function for which it was created or when circumstances indicate that an agency is no longer needed, that agency should be abolished.

(d)

The Council has the legislative duty and responsibility to structure the executive branch in such a way that the Mayor can effectively and efficiently administer the Consolidated Government. However, the Mayor is most likely to have the information and experience necessary to determine the necessity for and probable form of a restructuring and the Council should authorize and empower the Mayor to make recommendations and propose changes in the executive branch. This Part is designed to establish the procedures whereby the Mayor can present his recommendations and proposals for an orderly restructuring of the executive branch; provided, that the establishment of this Part shall not be construed so as to preclude the Council from initiating a change in the structure of the executive branch.

(Ord. 83-591-400, § 1)

Sec. 21.202. - Powers and duties of Mayor.

Whenever the Mayor, after investigation, finds that:

(a)

The transfer of the whole or a part of an agency or of the whole or a part of the functions thereof to the jurisdiction and control of another agency; or

(b)

The abolition of all or a part of the functions of an agency; or

(c)

The consolidation or coordination of the whole or a part of an agency or of the whole or a part of the functions thereof with the whole or a part of another agency or the functions thereof; or

(d)

The consolidation or coordination of a part of an agency or the functions thereof with another part of the same agency or the functions thereof; or

(e)

The authorization of an officer to delegate any of his functions; or

(f)

The abolition of the whole or a part of an agency which does not have or, upon the taking effect of the reorganization plan, will not have any functions;

Is necessary to accomplish the objectives contained in Section 21.201, he shall prepare a reorganization plan to make the reorganization as to which he has made findings and which he includes in the plan and transmit the plan to the Council, together with a declaration that, with respect to each proposed reorganization, he has found it to be necessary to accomplish one or more of the objectives of Section 21.201.

(Ord. 83-591-400, § 1)

Sec. 21.203. - Contents of plan.

A reorganization plan transmitted by the Mayor:

(a)

Shall specify, with respect to each function proposed to be abolished, the legal authority for the exercise of the function.

(b)

Shall state the reduction of expenditures, itemized as far as practicable, which it is probable will be brought about by the reorganization.

(c)

Shall change, where he deems necessary, the name of an agency affected by the reorganization and the title of its head.

(d)

Shall designate the name of a new agency resulting from a reorganization and the title of its head.

(e)

May include provisions for the appointment and compensation of the head and other officers of the agency, if the Mayor finds and declares that, by reason of a reorganization, these provisions are necessary and, in the provisions:

(1)

The head so provided for may be an individual or may be a collegial body with two or more members.

(2)

The term of office of a head, in the case of an individual, may be at the pleasure of the appointing authority or for a fixed term not to exceed four years or, in the case of a collegial body, shall not be more than four years and may be staggered to lend continuity.

(3)

The compensation of an individual head shall not be at a rate or within a range in excess of that found by the Mayor to prevail for comparable officers in the executive branch.

(4)

If the appointment is not under the civil service laws, it shall be by the Mayor, subject to confirmation by the Council.

(5)

Candidates for appointment to a position shall meet the qualifications set forth in the respective Code Section for the position of appointment; provided, however, the Mayor may propose the appointment and the Council may confirm the appointment of a person to a position, if the Mayor and the Council determine that the person has commensurate training and experience which would be appropriate for such appointment.

(f)

Shall make provision for the transfer or other disposition of the records, property and personnel affected by the reorganization.

(g)

Shall make provision for the transfer of unexpended and unencumbered balances of appropriations and of other funds available for use in connection with an agency or function affected by the reorganization, as he deems necessary for use in connection with the functions affected by the reorganization or for the use of the agency which shall have the functions after the reorganization becomes effective but unexpended balances so transferred shall be used only for the purposes for which the appropriations were originally made.

(h)

Shall make provision for terminating the affairs of an abolished agency.

(i)

Shall be accompanied by a proposed ordinance or ordinances which will accomplish the reorganization, except in those areas in which an executive order is sufficient.

(j)

Shall bear an identifying number consisting of the year in which the plan is transmitted and the consecutive number of the plan, beginning with "1" in each calendar year.

(Ord. 83-591-400, § 1; Ord. 91-1024-418, § 1)

Sec. 21.204. - Limitations on powers.

An executive order of the Mayor implementing a reorganization plan, in whole or in part, may not have the effect of:

(a)

Creating a new executive department, abolishing or transferring an executive department or all the functions thereof or consolidating two or more executive departments or all the functions thereof;

(b)

Continuing an agency beyond the period authorized by law for its existence or beyond the time it would have terminated if the reorganization had not been made;

(c)

Continuing a function beyond the period authorized by law for its exercise or beyond the time when it would have terminated if the reorganization had not been made;

(d)

Authorizing an agency to exercise a function which is not expressly authorized by law at the time the plan is transmitted to the Council;

(e)

Increasing the term of office beyond that provided by law; or

(f)

Dealing with more than one logically consistent subject matter;

Provided, that, if the plan is accompanied by an ordinance which will, if enacted, provide for or authorize any of the foregoing effects, the executive order may be issued contingent upon the enactment of the ordinance.

(Ord. 83-591-400, § 1)

Sec. 21.205. - Approval by General Counsel.

Before a reorganization plan is transmitted to the Council, it shall be examined by the General Counsel and approved by him as to form and legal sufficiency, which approval shall be noted on the plan.

(Ord. 83-591-400, § 1)

Sec. 21.206. - Limitations upon authority of Mayor.

The authority of the Mayor under this Part to recommend reorganizations shall not extend to the offices under the control of the independent elected officers.

(Ord. 83-591-400, § 1)

PART 3. - PRIVATIZATION

Sec. 21.301. - Declaration of policy.

The Council hereby finds and declares:

(a)

Historically, the executive branch of the government has enjoyed a great deal of flexibility in its ability to procure the services of private sector contractors and consultants to assist in providing public services.

(b)

The services provided by the Consolidated Government should be delivered in the most expeditious and efficient manner possible with delivery of said services being continually evaluated so that inefficiency is eliminated and quality of services improved.

(c)

The decision to privatize a department, division or essential public function should be undertaken only after careful legislative and executive appraisal.

(d)

The Charter provides that the Mayor shall administer, supervise and control departments and divisions with respect to provision of governmental services. Since the Mayor is charged with managing the executive branch, this Part 3 is designed to establish parameters whereby the Mayor can present his recommendations for the privatization of departments, divisions or essential public functions to the Council for Council review and approval.

(Ord. 1999-1005-E, § 1)

Sec. 21.302. - Powers and duties of Mayor.

(a)

Privatization with respect to this Part 3 is defined as follows:

(1)

Privatization of a department is the transfer of all or substantially all of the appropriations and other funds and the transfer of all or substantially all of the essential public functions of a department to a private entity for the performance of the services and essential public functions of the department.

(2)

Privatization of a division is the transfer of all or substantially all of the appropriations and other funds and the transfer of all or substantially all of the essential public functions of a division to a private entity for the performance of the services and essential public functions of the division.

(3)

Privatization of an essential public function is the transfer of all or substantially all of the appropriations and other funds and the transfer of all or substantially all of that particular function to a private entity for the performance of those services. For purposes of this subsection 21.302(a)(3), "all or substantially all of an essential public function" means when 20 percent or more of the budgeted employee positions, within any one division, are eliminated or vacated, on a cumulative basis within a fiscal year, due to a transfer of the function to a private agency.

(b)

The Mayor may, from time to time, determine that it is desirable to privatize a department, division, or essential public function.

(c)

If the Mayor proposes to privatize a department, division or essential public function, the Mayor must first submit a privatization plan to Council for its review and approval.

(d)

The limitations set forth in subsection (c), above, do not apply to any design or construction of projects involving capital improvement(s) as defined by Section 126.102, Ordinance Code.

(Ord. 1999-1005-E, § 1)

Sec. 21.303. - Contents of plan.

A privatization plan submitted by the Mayor shall:

(a)

Specify the department, division or essential public function to be privatized;

(b)

Specify the purpose for the privatization;

(c)

Specify a time-line for the privatization;

(d)

Contain a financial analysis of the privatization including:

(1)

All existing City cost(s);

(2)

All proposed City cost(s) after privatization; and

(3)

Projected savings and financial impact for each of the first five fiscal years;

(e)

Specify the number of budgeted employee positions, by employee classification, which will be vacated or eliminated and include a statement proposing the disposition of the existing employees and showing the cost to terminate or transfer the employee(s) (including unemployment benefits, training and the cost of providing employment for displaced employee(s));

(f)

List the advantages and disadvantages associated with the privatization plan;

(g)

Propose the method for the transfer of, or other disposition of, the records and property affected by the privatization;

(h)

Propose the transfer of, or other disposition of, unexpended and unencumbered balances of appropriations and other funds available for use in connection with the department, division or essential public function affected by the privatization, and;

(i)

Include proposed ordinance(s), as required, to accomplish the privatization.

(Ord. 1999-1005-E, § 1)

PART 4. - CONTRACT ADMINISTRATION AND OVERSIGHT; CONTRACT EXECUTION

Sec. 21.401. - Contract administrator; contract risk assessment program.

Department directors and/or chief executive officers/executive directors of using agencies shall assign a departmental or agency employee (for purposes of this Section the "contract administrator"), to certain contracts identified by the Office of Inspector General as high-risk contracts. The Chief Administrative Officer or designee, in consultation with the Office of Inspector General, shall develop a contract risk assessment program, which among other things identifies key high-risk contract factors, for using agencies in the administration and oversight of high-risk contracts. The contract administrator shall be responsible and accountable for the administration and oversight of high-risk contracts, ensuring that the contract deliverables are met, and the City's payment of invoices are justified. For purposes of this Section the term "contract deliverables" shall mean matters regarding the project scope and consistency with appropriation purposes and limitations, project time limits and scheduling compliance, project milestones, product and performance delivery, review dates, plan updates, and contract renewal evaluation.

(Ord. 2023-20-E, § 5)

Sec. 21.402. - Contract administrator training.

The Chief of Procurement, City Ethics Director, and Inspector General, or designees, shall provide training annually to using agencies regarding procurement methods and procedures, ethics in public contracting, contract risk assessment program, contract administration and oversight, and the contract administration certification program administered by the Chief of Procurement.

(Ord. 2023-20-E, § 5)

Sec. 21.403. - Employee disclosure of personal and business relationships.

A City employee performing, or participating in, the administration, oversight, and approval of payment of a City contract made pursuant to this Code shall, prior to performing, or participating in, City contract administration, oversight, and approval of payment duties regarding a City contract, disclose in writing to their department head, division chief, or other comparable supervisory personnel, all current or former personal and business relationships with the contractor, its officers, employees, and agents on a disclosure form developed by the City Ethics Office. Such disclosure form shall include a definition of "current or former personal and business relationships". The applicable department head, chief, or other comparable supervisory personnel shall review and approve such written disclosures in consultation with the City Ethics Office.

(Ord. 2023-20-E, § 5)

Sec. 21.404. - Contract execution.

Unless otherwise prohibited by law or the Code, City contracts may be transmitted and executed in electronic form, which may include without limitation the use of electronic and digital programs, applications, or signatures (e.g., DocuSign and Adobe Acrobat, etc.).

(Ord. 2023-20-E, § 5)

Sec. 20.501. - Data Management and Analysis Officer; Establishment; Functions. Chapter 22 - MILITARY AFFAIRS AND VETERANS DEPARTMENT