SUBJECT:
Title
An Ordinance of the Town Council of the Town of Erie Repealing and Reenacting Section 1-6-1 of the Erie Municipal Code, Regarding Town Departments and Department Directors, and Correcting Related Sections and Cross-References
Body
DEPARTMENT: Town Manager
Department
PRESENTER(S): Malcolm Fleming, Town Manager
Kendra Carberry, Town Attorney
First Name Last Name, Title
POLICY ISSUES:
Adopting the proposed Ordinance will formally recognize the Town’s departments, including the new Utilities Department, repeal those sections of the Municipal Code that are inconsistent with or duplicate similar sections in the Home Rule Charter.
STAFF RECOMMENDATION:
Recommendation
Approve Ordinance 003-2024 to amend the Erie Municipal Code to repeal and reenact sections regarding Town Departments, Department Directors, Town Manager, Town Clerk, and Town Treasurer that were superseded by the Home Rule Charter
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The Town Council must approve many actions to fully implement the Erie Home Rule Charter (Charter). Among the provisions requiring Council action is Article 2.04(1)(c), which specifies the Town Council has the authority: “To create, consolidate, or dissolve any Town department by ordinance.” [emphasis added]
As discussed with the Town Council during the Council retreat on January 16, 2024, and then again during the Council’s regular meeting on January 23, 2024, staff recommends separating the current Public Works Department into separate Utilities and Public Works departments; creating an additional Deputy Town Manager position; and updating the Erie Municipal Code to formally recognize all Town departments that the Board of Trustees (now Town Council) approved in previous actions (but did not amend the Code to document such actions).
The Municipal Code already references the departments of Finance, Parks & Recreation, Police, and Public Works. The Municipal Code also has varying references to the Planning and Development Department, including "Community Development Department", "Planning Department", "Building Department", and "Erie Building Department". To have the Municipal Code reflect the Charter requirement to create departments by ordinance, to provide clarity on the Town’s organization structure, and to provide a consistent naming convention for the Planning and Development department, staff proposes for Council consideration Ordinance 003-2024. This Ordinance lists in one place in the Code all departments as follows:
1. Administration
2. Communications and Community Engagement
3. Economic Development
4. Environmental Services
5. Finance
6. Human Resources
7. Information Technology
8. Parks and Recreation
9. Planning and Development
10. Police
11. Public Works
12. Utilities
In addition, Ordinance 003-2024 repeals Municipal Code section 1-6-2 and 1-6-3. These Code sections specify how the Town Clerk and Town Treasurer are appointed. Those Code sections are inconsistent with Articles 8.01 and 8.05 of the Home Rule Charter, which provide for the Town Manager to hire a chief financial officer and the Town Clerk.
The Ordinance also repeals 1-6A-1 and 1-6A-2. These Municipal Code sections deal with the appointment, removal, qualifications and compensation of the Town Manager and the Manager’s powers and duties. These Code sections are duplicative of and in some cases inconsistent with similar provisions in Article 8.01 of the Home Rule Charter.
Finally, the Ordinance also repeals section 1-6A-4 of the Municipal Code. This section requires the Council to appoint an acting Town Manager “During the Town Manager’s temporary absence or disability…”. This Municipal Code section duplicates and in some ways differs with Home Rule Charter Article 8.01(2)(e), which lists among the Town Manager’s duties, “Providing for Town Council approval a plan that specifies an order of succession of Town staff who may execute the Town Manager’s duties and
powers in instances when the Town Manager is temporarily unavailable”. To implement this Article, and to provide a clear and easier to administer line of succession, the Town Manager has prepared a Resolution, for Council consideration at this same meeting, listing the proposed line of succession in instances when the Town Manager is temporarily unavailable.
COUNCIL PRIORITY(S) ADDRESSED:
ü Effective Governance
ATTACHMENT(S):
1. Ordinance 003-2024
2. Erie Home Rule Charter