NUMB:
991247
VERS:
SUBSTITUTE 3
REF:
XXBY:
THE CHAIR
TITL:
A substitute ordinance implementing various provisions of the 2000 city budget.
SECS:
50-20-2 am
75-20-4 am
81-102.4 am
82-41 am
82-43 rp
82-45 am
82-47 am
82-49 am
82-51 am
82-53 am
82-55 am
82-57 am
82-59 am
82-61 am
82-63 am
82-67 am
105-64-4 am
105-65-7 am
308-1-2-g rp
309-1-1 am
309-10 am
310-1-4 am
310-1-8 rp
310-1-9 rn
310-1-10 rn
310-1-11 rp
310-7 am
310-13-2-b am
310-13-7 am
310-13-7-9-a am
310-13-7-9-b am
310-13-7-9-c am
310-13-7-9-d-0 am
320-29-3-g rn
320-29-3-g cr
320-33-1 am
350-11 am
350-16-1 rp
350-16-2 rn
350-16-3 rp
350-16-4 ra
350-16-5 rn
350-50-2-f am
350-221-1-a am
ANLS:
- Analysis -
This ordinance makes a number of changes to the city code in light of the 2000 city budget:
1. Changes title of various city agencies and officers.
2. Transfers administration of various city activities - information systems management, purchasing, parking checker, tow desk and night parking call-in desk functions - from one city agency to another.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 50-20-2 of the code is amended by changing the titles of the following city agencies as shown:
50-20. Sale and Distribution of City Code and Charter.
2. DISTRIBUTION.
Current Title New Title
Central Services Division - Information and
Milwaukee Information Technology
Systems Management Division
Purchasing Business Operations
Division - Procurement
Services Section
Part 2. Section 75-20-4 of the code is amended to read:
75-20. Swimming Pools and Places.
4. POSTING OF NOTICES TO BUYERS REQUIRED. Stores or businesses selling certain private pools to be constructed within the city either above or below ground, shall have posted on the premises in a prominent and conspicuous manner in the vicinity of the swimming pool display, a placard stating as follows: "IMPORTANT NOTICE TO POTENTIAL PRIVATE SWIMMING POOL BUYERS: The city of Milwaukee has limitations and regulations, including the requirement of an installation permit, for private swimming pool construction. These regulations apply to all pools installed in the ground and to all pools installed above the ground which have a potential depth of 36 inches or a potential volume of 3,965 gallons. To determine the limitations concerning such pools and to obtain a permit, prior to installation, contact the Milwaukee health department [[, bureau of consumer protection and environmental health, technical service division]]."
Part 3. Section 81-102.4 of the code is amended to read:
81-102.4. Purchasing-Restoration to Bidders Lists. The fee required for a vendor to be restored to bidders lists maintained by the [[purchasing division]] department of administration, subsequent to the [[division's]] >>department's<< removal of a vendor's name if the vendor does not respond on 3 consecutive bids, shall be $76.
Part 4. Section 82-41 of the code is amended to read:
82-41. Weights and Measures Program. There is created in the [[consumer protection division of the bureau of consumer protection and environmental health of the]] health department [[,]] a program which shall be known as the weights and measures program. The program shall be under the administrative control and direction of the commissioner of health. The commissioner shall have as assistants as many inspectors [[of weights and measures,]] and such other assistants as the common council may from time to time determine.
Part 5. Section 82-43 of the code is repealed.
(Note: The provisions being repealed read as follows:
82-43. Sealer of Weights and Measures. The superintendent of consumer protection and environmental health shall be designated as the sealer of weights and measures, and shall perform such duties as the commissioner of health shall direct.)
Part 6. Section 82-45 to 82-63 of the code is amended to read:
82-45. Inspectors [[of Weights and Measures and Deputy Sealer]]. Inspectors [[of weights and measures]] shall be appointed by the commissioner of health pursuant to the civil service laws. [[One inspector of weights and measures shall be appointed by the commissioner of health as deputy sealer of weights and measures pursuant to the provisions of the civil service laws.]]
82-47. Oath of Office. [[The sealer of weights and measures, the deputy sealer and each]] >>Each<< inspector [[of weights and measures]] shall, before entering upon their duties as employes of the city, take the oath of office required by the city charter.
82-49. Duties of [[Deputy and]] Inspectors. The [[deputy sealer and]] inspectors [[of weights and measures]] shall perform such duties as the commissioner of health shall direct. [[In case of absence from duty of the sealer of weights and measures, or of a vacancy in the position of sealer of weights and measures, the deputy sealer shall perform all of the duties of the sealer, as directed by the commissioner of health. The deputy sealer and inspectors of weights and measures are hereby authorized to do all acts required of the sealer when so directed by the city sealer or by the commissioner of health.]]
82-51. Official Standards of Weights and Measures. 1. The common council shall procure at the expense of the city and shall keep at all times a complete set of weights and measures, scales and beams in exact conformity with the state standards kept by the state superintendent of weights and measures, and the [[sealer of weights and measures]] >>health department<< shall cause the same to be tried, proven, sealed and certified by the state superintendent of weights and measures. Said set of weights and measures, scales and beams shall be deposited with and preserved by the [[sealer of weights and measures]] >>commissioner of health<<, and shall be the public standards for the city.
2. The weights and measures described by the laws of the state of Wisconsin are declared to be the standard weights and measures of the city [[of Milwaukee]].
82-53. Inspection of Weights and Measures; Right of Entry. 1. RIGHT OF ENTRY. The [[sealer]] >>commissioner of health<< shall have the power within the city to inspect, test, try and ascertain if they are correct, all weights, scales, beams, measures of every kind, instruments or mechanical devices for measurement, and tools, appliances or accessories connected with any or all such instruments or mechanical devices for measurement, kept, offered or exposed for sale or sold.
2. AUTHORITY TO TEST. The [[sealer]] >>commissioner<< shall within the city inspect, try and ascertain if they are correct, all weights, scales, beams, measures of every kind, instruments or mechanical devices for measurement, and tools, appliances or accessories connected with any or all such instruments or mechanical devices for measurement, used or employed within the city by any owner, agent, lessee, or employe in determining the weight, size, quantity, extent, area or measurement of persons, quantities, services, things, produce or articles of any kind offered for distribution, consumption, transportation, sale, barter, exchange, hire or award.
3. INSPECTION. a. [[He]] >>The commissioner<< shall, as often as [[he]] >>the commissioner<< may deem necessary, see that all weights, measures and weighing and measuring apparatus used in the city are correct. [[He]] >>The commissioner<< and [[his deputy and]] the inspectors may, for the purpose stated in sub. 2, and in the performance of their official duties, with or without formal warrant, enter or go in or upon any stand, place, building or premises, and may stop any vendor, peddler, dealer or vehicle for the purpose of making the proper tests.
b. The [[sealer]] >>commissioner<< shall from time to time weigh or measure and inspect packages or amounts of commodities of whatsoever kind, kept for the purpose of sale, offered or exposed for sale, or sold, or in the process of delivery, in order to determine whether the same contain the amounts represented and whether they be offered for sale or sold in a manner in accordance with the law.
82-55. Procedure in Case of Violation of Laws; Sealing. Whenever the commissioner of health finds a violation of the statutes or code provisions relating to weights and measures, [[he]] >>the commissioner<< shall cause the violator to be prosecuted. Whenever [[the sealer]] >>an inspector<< compares weights and measures and finds that they correspond, or causes them to correspond with the standards in his possession, [[he]] >>the inspector<< shall seal or mark the same with appropriate devices to be approved by the state superintendent of weights and measures. [[The sealer or his deputy and inspectors]] >>Inspectors<< shall condemn or seize, and may destroy incorrect weights and measures, and weighing or measuring instruments which cannot be repaired, or which have been falsified; and such as are incorrect and yet may be repaired, [[he or his deputy and inspectors shall mark or tag]] >>shall be marked or tagged<< as condemned for repairs, in a manner prescribed by the state superintendent of weights and measures. The owner thereof shall, within 10 days thereafter, have the same properly adjusted and sealed, and said [[sealer or his deputy or]] inspectors may, at any time after the expiration of such period, seize or destroy all such weights, measures, weighing and measuring instruments which have not been corrected.
82-57. Authority to Make Arrest; Badges. There is conferred upon the [[sealer of weights and measures and his deputy]] >>commissioner<< and inspectors police power, and in the exercise of their duties they shall wear badges bearing their photograph, name and official designation, and they are empowered and authorized to make arrests, with or without formal warrant, of any person violating the provisions of any statute or ordinance relating to weights and measures.
82-59. Alteration of Weights and Measures. Every person who shall, with intent to use the same for weighing or measuring, alter or permit to be altered, or shall use or permit to be used after the same shall have been altered, any weight, measure, scale beam, steel yard, automatic or computing scale, or other instrument for weighing or measuring, after the same shall have been tested, marked and sealed as aforesaid, which by reason of such alteration shall not conform to the city standards, shall upon conviction be punished by a fine of not less than $25 nor more than $100, and every person who shall alter or detach any seal or tag impressed or attached by the [[sealer or his deputy or]] inspectors shall upon conviction thereof be punished by a fine of not less than $5 nor more than $100.
82-61. Refusal to Exhibit Weights and Measures. Any person who shall refuse to exhibit any weight, measure, scale, scale beam, patent balance, steel yard, automatic or computing scale or other instrument used for weighing or measuring to said [[sealer of weights and measures, his deputy or]] inspectors, for the purpose of having it inspected and examined, shall forfeit a penalty of not less than $5 nor more than $100 for each offense.
82-63. Interference with Officers. Any person who shall in any way or manner impersonate, obstruct, hinder or molest the [[sealer of weights and measures or his deputy or]] inspectors in the performance of their duties shall forfeit a penalty of not less than $10 nor more than $100 for each offense.
Part 7. Section 82-67 of the code is amended to read:
82-67. Record of Weights and Measures Inspected; Reports. It shall be the duty of the [[sealer of weights and measures]] >>commissioner of health<< to keep a record of all weights, measures, scales, scale beams, patent balances, steel yards, computing and automatic scales, and other instruments used for weighing or measuring, inspected by [[him]]>>the commissioner<<, in which [[he]] >>the commissioner<< shall state the name of the owner of the same and whether they are conformable to the city standards. [[He]] >The commissioner<< shall also keep a complete record of the work done by [[him]] >>the commissioner<<, [[by the deputy sealer]] and [[by]] the inspectors [[of weights and measures , in such manner as the commissioner of health shall prescribe. He shall also prepare reports to the commissioner of health in such fashion and at intervals as the commissioner of health shall prescribe]].
Part 8. Section 105-64-4 of the code is amended to read:
105-64. Vehicle Parking on Private Property.
4. CITATIONS. In addition to other applicable enforcement procedures and pursuant to s. 66.119, Wis. Stats., [[police]] department >>of public works<< [[parking checkers]] >>employes<< may issue citations pursuant to the citation procedure in s. 50-25 to any person violating this section.
Part 9. Section 105-65-7 of the code is amended to read:
105-65. Control of Abandoned Motor Vehicles and Trailers.
7. CITATIONS. In addition to other applicable enforcement procedures and pursuant to s. 66.119, Wis. Stats., [[police]] department >>of public works<< [[parking checkers]] >>employes<< may issue citations pursuant to the citation procedure in s. 50-25 to any person violating this section.
Part 10. Section 308-1-2-g of the code is repealed. (Note: The provisions being repealed read as follows:
308-1. Department of City Development.
2. FUNCTIONS, POWERS AND DUTIES.
g. To administrator city youth initiative services.)
Part 11. Section 309-1-1 of the code is amended to read:
309-1. Department of Public Works.
1. DUTIES. >>a.<< The department of public works shall be responsible for all matters relating to the design, construction, maintenance and operation of the physical properties of the city of Milwaukee including the streets, street appurtenances, alleys, pedestrian ways, malls, bridges, public buildings, water works, and storm and sanitary collection facilities, parking, municipal communications and the landscaping of public space. The department is also responsible for >>citation processing contract administration, parking checker, tow desk and night parking call-in desk functions,<< solid waste collection and disposal, street cleaning, snow and ice control and removal, and operation and maintenance of the city's centralized fleet of motor vehicles.
>>b. Pursuant to s. 66-119, Wis. Stats., department of public works employes may issue citations for nonmoving traffic violations pursuant to the citation procedure in s. 50-25.<<
Part 12. 309-10 of the code is amended to read:
309-10. Marking of City-owned Cars and Equipment. All automotive and other equipment belonging to the city [[of Milwaukee]] under the control of the department of public works buildings and fleet division except those automobiles designated by the director of the division and used by the common council, the mayor's office, the city attorney's office, the office of the commissioner of public works, the department of city development, the health department [[- division of environmental sanitation]], the department of neighborhood services (one car), the director of the buildings and fleet division, the deputy commissioner of public works, the commissioner of health, the city engineer and the city treasurer (one car), shall be prominently marked on each side thereof, with the words "CITY OF MILWAUKEE", and an identifying number on the rear with the letters "DPW", and the same number on the front with the number only. In lieu thereof, similarly designated automobiles used by the harbor commission may bear its "PORT OF MILWAUKEE" insignia and the identifying number of the buildings and fleet division.
Part 13. Section 310-1-4 of the code is amended to read:
310-1. Department Established.
4. Information [[systems]] >>and technology<< management.
Part 14. Section 310-1-8 of the code is repealed.
(Note: The provisions being repealed read as follows:
8. Telecommunications regulation.)
Part 15. Section 310-1-9 and 10 of the code is renumbered 310-1-8 and 9.
Part 16. Section 310-1-11 of the code is repealed.
(Note: The provisions being repealed read as follows:
11. Information resource management.)
Part 17. Section 310-7 of the code is amended to read:
310-7. [[Data Services Director]] >>Chief Information Officer<<. The [[data services director]] >>chief information officer<< who is the equivalent to the supervisor of the central electronics board under s. 66.146(1)(a), Wis. Stats., shall be subject to the direction and control of the director of administration.
Part 18. Section 310-13-2-b, 7, 9-a to d-0 of the code is amended to read:
310-13. Service Contract Wage Requirements.
2. DEFINITIONS.
b. "Service contract" means any contract with the city, for the provision of services to any city department or agency with a budget under control of the common council, which has a value exceeding $5,000 and which is designated a "service contract" by the central board of purchases upon recommendation of the city purchasing director. The central board of purchases shall review each bid specification or request for proposals and make a determination as to whether the proposed contract will constitute a service contract. "Service contract" includes, but is not limited to, any of the types of contracts listed in documents enumerating 1994 department of public works service contracts and 1994 and 1995 [[standards and procurement division]] >>business operations division - procurement services section<<-department of administration service contracts found in the official record on file in the city clerk's office. However, "service contract" does not include any contract which involves the purchase of goods or which is a professional service contract, department of public works contract regulated under s. 309-25, contract administered by the office of community block grant administration-department of administration or contract with the Milwaukee public schools, regardless of whether such contract is included in the lists of 1994 and 1995 contracts referred to herein.
7. SPECIFICATIONS FOR SERVICE CONTRACTS. No service contract, as defined in sub. 2, shall be entered into by the city unless such contract contains the following stipulations or their equivalent: "The contractor agrees to pay all workers employed by the contractor in the performance of this contract, whether on a full-time or part-time basis, a base wage of not less than $6.05 per hour [city clerk to change amount in accordance with adjustment each March 1]. "The contractor agrees to make a sworn report or affidavit, within 10 days following the contractor's completion of the contract, or every 3 months, whichever occurs first, and to procure and submit a like sworn report or affidavit from every subcontractor employed by the contractor, to the department of public works (if the service contract is administered by the department of public works) or the [[standards and procurement division]] >>business operations division - procurement services section<<-department of administration (for service contracts administered by all other city departments) regarding every person employed on or under this contract or subcontract. Such affidavit or report shall include, but not be limited to, for the specified time period, the person's name, address, type of work performed, total hours worked on the service contract, hourly wage rate, gross earnings, and employer's contribution to vacation, welfare and pension trust funds. Said reports or affidavits shall be accompanied by a statement that each and every employe has been paid in full the amount of not less than $6.05 per hour [city clerk to change amount in accordance with adjustment each March 1] and that there has not been, nor is to be, any rebate or refund of any part of said wages by the employe to the employer. "If any documents submitted to the department of public works (if the service contract is administered by the department of public works) or the [[standards and procurement division]] >>business operations division - procurement services section<<-department of administration (for service contracts administered by all other city departments) by the contractor contain any false, misleading or fraudulent information, or if the contractor fails to comply with the provisions of s. 310-13 of the Milwaukee code of ordinances, the department or division, as the case may be, may withhold payments on the contract, terminate, cancel or suspend the contract in whole or in part, or, after a due process hearing, deny the contractor the right to participate in bidding on future city contracts for a period of one year after the first violation is found and for a period of 3 years after a second violation is found.
9. MONITORING AND ENFORCEMENT. a. Responsibility. The department of public works shall be responsible for monitoring department of public works service contracts for compliance with this section. The department shall review and monitor the sworn reports or affidavits periodically submitted by service contractors, receive and investigate complaints from service contractors and service contract employes relating to compliance with this section, and impose appropriate sanctions upon any contractor who provides false information to the department or fails to comply with the provisions of this section. For all service contracts other than those administered by the department of public works, the [[standards and procurement division]] >>business operations division - procurement services section<<-department of administration shall have these responsibilities.
b. Employe Complaints. Any person employed in the performance of a service contract, as defined in sub. 2, may, within one year from the date of an alleged failure to comply with subs. 3 and 4, file a written complaint with the department of public works, if the service contract is administered by the department of public works, or the [[standards and procurement division]] >>business operations division - procurement services section<<-department of administration, for service contracts administered by all other city departments, regarding the service contractor's alleged failure to comply with subs. 3 and 4. No service contractor may discharge, reduce the compensation of or otherwise retaliate against any person employed in the performance of a service contract for making a complaint to the department of public works or the [[standards and procurement division]] >>business operations division - procurement services section<<-department of administration or for using any civil remedies to recover damages.
c. Appeals. Any service contractor or service contract employe who objects to any decision or action of the department of public works or the [[standards and procurement]] >>business operations<< division relative to application or enforcement of this section may appeal such decision to the administrative review appeals board, in the case of department of public works service contracts, or the purchasing director and central board of purchases, in a manner similar to the process described in s. 310-19-4, in the case of service contracts with all other city departments.
d. Sanctions. Any contractor or subcontractor engaged in a service contract who has been found by the department of public works or the [[standards and procurement division]] >>business operations division - procurement services section<<-department of administration to have submitted any false, misleading or fraudulent information, or to have failed to comply with the provisions of this section, may be subject to any of the following sanctions, imposed by the department of public works in the case of department of public works service contracts or the [[standards and procurement]] >>business operations<< division in the case of all other service contracts:
Part 19. Section 320-29-3-g of the code is renumbered 320-29-3-h.
Part 20. Section 320-29-3-g of the code is created to read:
320-29. Parking Fund.
3. PARKING REVENUE.
g. Revenue allocated from the parking fund reimbursement special purpose account.
Part 21. Section 320-33-1 of the code is amended to read:
320-33. City Records Committee.
1. CREATED. The city records committee shall be composed of the city comptroller, the director of administration, the city clerk, the city librarian or their duly authorized representatives, and one common council member to be selected by the council president. The common council president shall make his or her appointment within 60 days after commencement of a new common council term or within 60 days after a vacancy in the committee position occurs, whichever is later. The [[information systems director]] >>city purchasing director<< shall serve as executive secretary, and shall carry out such duties as the committee designates. The city attorney shall designate an assistant city attorney to be present at all meetings of the committee.
Part 22. Section 350-11 of the code is amended to read:
350-11. Department of Administration. Whenever it becomes necessary in the judgement of the director of the department of administration, the director may employ [[central services division - Milwaukee information systems and purchasing division]] >>information and technology management division and business operations division - procurement services section<< employes within the certified collective bargaining unit represented by District Council 48, AFSCME, AFL-CIO for overtime assignments and compensate them with cash payments or compensatory time off.
Part 23. Section 350-16 of the code is repealed.
(Note: The provisions being repealed read as follows:
350-16. Health Department.
1. HOSPITAL FIREMEN. Whenever it becomes necessary, in the judgment of the commissioner of health, to assign firemen for extra hours or on off-days at city operated hospitals in lieu of filling vacancies, the commissioner of health may assign present firemen for cash payment of overtime service. This provision is declared to be for a public service and due to the shortage of manpower available for public service and necessity to control contagious hazards among the residents of the city. The commissioner of health is authorized to assign presently employed firemen from time to time for such overtime employment as the need arises.)
Part 24. Section 350-16-2 of the code is renumbered 350-16-1.
Part 25. Section 350-16-3 of the code is repealed.
(Note: The provisions being repealed read as follows:
3. NURSES AT HOSPITALS. Whenever it becomes necessary, in the judgment of the commissioner of health, he may employ additional hospital nurses and may employ present graduate nurses I for cash payment of overtime. The commissioner of health is authorized to control the assignment of overtime in a manner which, in his judgment, will promote the public health of the community and to render more efficient service at city-operated hospitals. This section is declared to be enacted for a public purpose and is necessary for community public health protection and to control contagion hazards among the residents of Milwaukee, particularly in view of the shortage of hospital nurses available for public service.)
Part 26. Section 350-16-4 of the code is renumbered 350-16-2 and is amended to read:
4. NURSES, ETC., IN [[BUREAU OF PUBLIC HEALTH NURSING]] >>THE DIVISION OF FAMILY AND COMMUNITY SERVICES<<. Wherever it becomes necessary, in the judgment of the commissioner of health, he may employ clinic assistants I, licensed practical nurses, graduate nurses I, junior public health nurses, public health nurses I, and public health nurses II in the [[bureau of public health nursing]] >>division of family and community services<< for cash payment of overtime at the rate of time and one-half for each hour of overtime worked. The commissioner of health is authorized to control the assignment of overtime in a manner which, in his judgment, will promote the public health of the community and render more efficient service.
Part 27. Section 350-16-5 of the code is renumbered 350-16-3.
Part 28. Section 350-50-2-f of the code is amended to read:
350-50. Shift, Weekend and Holiday Differential and Compensation for City Employes.
2. APPLICABILITY.
f. Health Department, Professional, subprofessional and maintenance staffs at [[hospital and evening]] clinic locations; nurses; [[clerk typists in the bureau of preventable diseases and medical services;]] >>office assistants<< and sanitation positions [[in the bureau of consumer protection and environmental health]].
Part 29. Section 350-221-1-a of the code is amended to read:
350-221. Identification Badges. 1. BADGES TO BE WORN. a. By City Employes. All city employes other than members of the police force who enter residences or business places in the city for the purpose of performing inspections or other related services shall be required as a condition of obtaining access to such residence or business to wear an identification badge bearing the photograph, name and/or employe number and that such person be designated as an employe of the city. Such badge shall be worn on the front part of the employe's outer garment so that the same shall be easily visible at all times during the performance of such employe inspection or other related duties. This section shall not apply to inspectional personnel of the [[bureau of consumer protection and environmental health of the city]] health department while in performance of job duties which require anonymity.
Part 30. Pursuant to the repeal of s. 308-1-2-g, relating to city administration of youth initiative services, records relating to youth initiative services are transferred to the successor private agency, the Private Industry Council of Milwaukee County.
Part 31. This ordinance, except for Part 17, takes effect January 1, 2000.
Part 32. Part 17 of this ordinance takes effect July 1, 2000.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
ZDPT:
City Clerk
DFTR:
99368-3
BJZ:bsw
11/22/99
* Clerical correction made. "Management Technology" changed to "Technology Management" in Sections 50-20, 320-1 and 350-11.