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HomeMy WebLinkAboutO-2003-2682 . . ORDINANCE NO. 2003- ~ ~g~ AN ORDINANCE AMENDING SECTION 38-56 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CREATING THE OFFICE OF FIRE MARSHAL, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Section 38-56 of the Code of Ordinances is hereby amended, and shall hereafter read as follows, to-wit: "Sec. 38-56. departments. The office of Fire Marshal is hereby created. The Fire Marshal shall report directly to the City Manager, or his or her designee." Office created independent of other Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the city Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 8th day of December, 2003. By: ~OF LA PORTE !r~?- ;N a L. Malone Mayor ATTEST: , l1J1~ () (({u/// Ma ha A. Gill t City Secretary AP~~ Knox W. Askins city Attorney . 2 . - CITY OF LA PORTE INTEROFFICE MEMORANDUM u ..._.-".c--_.=c=-~--'_~~=_==~-c_~-~7'. .-- SeP!~~L!J=?99~3 . - ...... - TO: Mayor and City Council FROM: Debra B. Feazelle, City Manager SUBJECT: Reorganization During my interview, I stre~sed that positive changes could not occur overnight. My goal was to observe the organization, monitoring any problem areas needing attention. I projected a 3 to 4 month period for this process. Since my arrival, in the last 3 months I have tried to take the observations and knowledge gained to mold this group to an efficient and effective team. Due to budget constraints, reorganization was inevitable. My philosophy to trim management positions and divert resources to direct service delivery positions is in line with Council goals and objectives. Reduction in force measures will delete the position of Director of Administrative Services from the 2003-2004 budget effective December 3, 2003. Additionally, the contract for EMS Services Director will not be renewed and we will exercise the 30-day out clause; a transition period will be exercised. Further reorganizations, increasing responsibilities of the remaining staff, are included in the attached release. Funding will be reserved for frontline personnel, as needs are determined (Le., inspections for weeds and abandoned buildings, or drainage - costs associated with cleaning ditches, etc.) Also, a reserve will be established for any more increases in health care costs to our employees. Any mid/upper management positions that become vacant will be fully analyzed before filling. I perceive this Council is moving in a different direction than previous councils. This management team will support those efforts in an expedient fashion with a focus on customer service. I expect a change in the organizational culture and I expect that to be positive. Dr. Helmlinger allowed me to borrow her quote: "Change is not an indictment on our past." Please call if you have any questions. DBF:su cc: John Joerns, Assistant City Manager Cynthia Alexander, Assistant City Manager . e ~ 38-56 LA PORTE CODE DIVISION 2. FIRE MARSHAL. Sec. 38-56. Office created independent of other departments. The office of fire marshal is hereby created. The fire marshal shall report directly to the city manager. (Code 1970, ~ 10-15) Sec. 38-57. Appointment; qualifications. The fire marshal shall be appointed by the city manager. The fire marshal shall be properly qualified for the duties of his office and shall be a certified arson investigator and certified peace officer. . (Code 1970, ~ 10-16) Sec. 38-58. Duty to investigate f"l1"es. The fire marshal shall investigate the cause, orIgm and circumstances of every fire occurring within this city by which property has been destroyed or damaged and shall especially make investigation as to whether such fire was the result of carelessness or design. (Code 1970, ~ 10-17) Sec. ~8-59. Taking of testimony gen~~ally. . The fire marshal, when in his opinion further investigation is necessary, shall take or cause to be taken the testimony, on oath, of all persons supposed to be cognizant of any facts or to have means of knowledge in relation to the matter under investigation, and shall cause such testimony to be reduced to writing. (Code 1970, ~ 10-18) Sec. 38-60. Authority to summon witnesses, administer oaths and compel produc- tion of documents. The fire marshal shall have the power to summon witnesses before him to testify in relation to any matter which is, by the provisions of this article, a subject of inquiry and investigation, and may require the production of any book, papers or documents deemed pertinent thereto. The fire marshal is hereby authorized and empowered to administer oaths and affinnations to any persons appearing as witnesses before him. (Code 1970, ~ 10-19) Sec. 38-61. Investigations may be private; sequestration of witnesses. All investigations held by or under the dir~ction of the fire marshal may, in his discr~tion, be private and persons other than those required to be present may be excluded from the place where such investigation is held, and witnesses may be kept separate and apart from each other and not allowed to communicate with each other until they have been examined. (Code 1970, ~ 10-20) .State law reference-Delegation of the authority of the state fire marshal to local government fire marshal, V.T.e.A;, Government Code ~ 417.009. CD38:4 , . REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Appropriation Requested By: Source of Funds: N/A Department: Account Number: N/A Report: Resolution: Ordinance: X Amount Budgeted: N/A Amount Requested: N/A Exhibits: 1.. 2. Ordinance Code of Ordinances, Section 38-56 Budgeted Item: YES NO SUMMARY & RECOMMENDATION Currently, the City's Code of Ordinances, Section 38-56, states that the Fire Marshal reports directly to the City Manager. Given the current organizational structure and demands on the City Manager, it is envisioned that, as with other mid-level supervisors, the Fire Marshal may do better to report to a Director or other executive level position. The City Manager would like the ordinance to read, ''report directly to the City Manager or herlhis designee." This provides some flexibility and the ability to re-organize as needed. Staffknows of no other city, nor any reason to have the Fire Marshal report directly to the City Manager. Action Required bv Council: Consider amending Section 38-56, of the Code of Ordinances. Approved for City Council Ae:enda (d...-S~~ Date