Number
030829
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute charter ordinance relating to implementation of various provisions of the 2004 city budget.
Sections
18-02-4 rc
18-10-0 rc
18-10-1-b rc
18-10-1-c rc
18-10-2 rc
18-10-6 rc
18-10-7 rc
Analysis
This substitute charter ordinance makes various changes in the city charter for the implementation of the 2004 city budget and incorporates technical changes necessitated by the reorganization of the department of administration.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 18-02-4 of the charter is repealed and recreated to read:
18-02. Definitions.
4. BUDGET DIVISION. In this chapter "budget division" means the division of budget and policy which is created in the department of administration and shall operate under the supervision and control of the budget and policy director who shall be subject to the direction and control of the director of administration.
Part 2. Section 18-10-0, 1-b and c, 2, 6 and 7 of the code is repealed and recreated to read:
18-10. Division of Budget and Policy Analysis.
1. DEFINITIONS.
b. "Director" shall mean the director of the department of budget and policy as provided under this section.
c. "Division" shall mean the division of budget and policy analysis as created by s. 18-02-4 and this section.
2. ESTABLISHMENT. There is created a division to be known as the division of budget and policy. Such division shall be under the direction of the director of the division of budget and policy.
6. DUTIES. The division shall have the following duties and responsibilities:
a. Preparation of the Executive Budget. The division shall perform such duties as the mayor shall direct in connection with the preparation of the executive budget. The executive budget shall be prepared in a format prescribed by the common council from time to time through the adoption of a resolution and shall be in a technical form prescribed by the division. As soon as departmental estimates are submitted in accordance with s. 18-03-1, the division shall submit copies of such estimates to the common council.
b. Review of the Executive Budget. During the period of review of the executive budget by the common council following submission of the executive budget to the common council in accordance with s. 18-04-2, the division shall make available to any individual common council member upon request of the finance committee, such information and analyses as the division shall have employed in connection with the preparation of the executive budget. Upon request of the finance committee, the division shall also prepare new information and analysis, which bear upon the common council's review of the executive budget. The director of the division shall attend hearings of the finance committee held for the purpose of reviewing the executive budget and shall answer questions regarding the proposed executive budget. At the request of the individual council members, the division shall prepare amendments to the budget.
c. Administration. c-1. Except as provided in subd. 2, the finance committee shall have authority to approve requests for intradepartmental fund transfers, equipment price variances, replacement of equipment not authorized in the budget, acquisition of federal surplus property and changes in equipment quantity and nomenclature when the amount involved exceeds $20,000. The division shall make recommendations to the finance committee relative to the approval of such requests. The division shall approve requests for intradepartmental fund transfers, equipment price variances, replacement of equipment not authorized in the budget, acquisitions of federal surplus property and changes in equipment quantity and nomenclature when the amount involved is $20,000 or less.
c-2. The division shall have authority to approve intradepartmental fund transfers within the department of public works only when the amount is $20,000 or less and the fund transfer is within the same division of the department of public works. The division shall report all such intradepartmental fund transfers it has approved to the finance committee on a quarterly basis. The finance committee shall have authority to approve all intradepartmental fund transfers within the department of public works that are proposed between divisions of the department of public works, regardless of the amount involved. The division shall make recommendations to the finance committee relative to approval of such requests.
c-3. All heads of departments and bureaus before filling any position vacancy, shall submit a request to fill such vacancy to the director of the division, except that the finance committee may exempt positions of an emergency nature or for other cogent reasons from this requirement. The division shall authorize the filling of position vacancies in accordance with the directives of the finance committee. If a vacant position for which a request is on file remains vacant for more than 120 days or if a request to fill a vacant position is denied, the finance committee shall consider filling the vacancy upon a formal written request from the mayor at its next regular meeting.
c-4. On the basis of such regular and special reports as may be prepared by the city service commission, the finance committee shall regularly review overtime work by each department. The finance committee shall make such rules as it deems necessary to control overtime work. The division shall review such regular and special reports as are submitted to the finance committee and shall make recommendations thereon to the finance committee.
c-5. The division may authorize such temporary positions as may be necessary to alleviate the effects of emergency situations determined by the division to be detrimental to efficient city operations. The temporary positions authority granted to the department shall not exceed 45 consecutive days for any one emergency situation. The finance committee shall have the authority to continue such temporary positions beyond the 45 day period authorized by the division. The division shall make quarterly reports relative to temporary positions to the finance committee and the mayor.
c-6. The division shall authorize expenditures to an individual project subaccount for in kind city contribution under any federal or state grant which exceeds the original appropriation by 10% or $500, whichever is greater. The division shall have authority to grant such variances provided such funds are available. The division shall submit quarterly reports relative to variances to the finance committee and the mayor.
d. Analysis. At the request of the mayor, the common council, or the finance committee, or whenever the director deems advisable, the division shall conduct studies or analyses of organizational units within city government and the methods and systems used therein. The division shall also conduct studies for department heads when such studies have been approved by the mayor.
e. Fiscal Notes. The division shall receive fiscal notes attached to all resolutions or ordinances prepared for introduction into the common council. The division shall review all fiscal notes for accuracy and may make recommendations for their modification.
7. COOPERATION WITH DIVISION. All officials and employes of the city shall assist the division and shall make available all records, documents and other materials necessary to the performance of the division's functions as provided herein.
Part 3. This is a charter ordinance and shall take effect 60 days after its passage and publication, unless within such 60 days a referendum petition is filed as provided in s. 66.0101(5), Wis. Stats., in which event this ordinance shall not take effect until submitted to a referendum and approved by a majority of the electors voting thereon.
LRB
APPROVED AS TO FORM
________________________
Legislative Reference Bureau
Date:______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
_____________________________
Office of the City Attorney
Date:________________________
Requestor
Drafter
LRB03445-3
TWM/dm
10/3/2003