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HomeMy WebLinkAbout027 15STATE OF WASHINGTON County of Jefferson A Resolution Regarding the Authority} of the County Administrator } Resolution # 27 -15 WHEREAS, the Jefferson County Board of County Commissioners (or "BoCC"), in accordance with RCW 36.32.120(6) has as one of its duties "the care of the county property and the management of the county funds and business ;" and WHEREAS, the BoCC has authority, granted in accordance with RCW 36.32.340, "to take such action as is necessary to effect coordination of their administrative programs; and WHEREAS, pursuant to the authority described above, the BoCC established the position of County Administrator approximately 15 years ago to serve, in essence, as the Chief Operating Officer of the County, which is a political subdivision of the State of Washington and a municipal corporation; and WHEREAS, the BoCC through Ordinance #09- 1002 -00, delegated the executive and administrative duties, functions, and powers conferred upon the Board to the position of County Administrator, memorialized limits to the authority, and further enumerated specific powers and duties; and WHEREAS, that Ordinance has been codified as Chapter 2.01 of the Jefferson County Code; and WHEREAS, this Resolution clarifies the executive and administrative authority for certain personnel tasks or actions that has been delegated to the County Administrator by the BoCC in Chapter 2.01 of the County Code; NOW, THEREFORE, BE IT RESOLVED by the Jefferson County Board of County Commissioners as follows: The County Administrator may undertake and complete all tasks or actions arising from the dismissal, resignation, termination, grievance, or personnel Page 1 of 2 action of a County employee, quasi - employee or volunteer, including, but not limited to, the execution of releases, termination agreements, settlement agreements and such other documents, records or writings required to resolve or complete the employment action or claim, provided that 1) any such task or action must be consistent with applicable law, County Resolution, or pertinent Collective Bargaining Agreement; and 2) the County Administrator shall provide prior notice to the Board of County Commissioners of any proposed agreement or settlement in excess of $50,000 cost to the County. w APPROVED this day of August, 2015: ATTEST: z Clerk of thAoard JEFFERSON COUNTY BOARD OMCOMMISSIONERS Johnson, Kathleen Kler, Member Page 2 of 2 " S;(-i Cc. GOAL. C�.n� Chapter 2.01 COUNTY ADMINISTRATOR Sections: 2.01.010 Positions created and �authorityydelegated. 2.01.020 Qualifications. 2.01.030 Appointment. 2.01.040 pmt s re authority. 2.01.050 Standards of conduct. 2.01.060 Deputy administrators. 2.01.070 Organization of the executive and administrative functions of the hoard of county commissioners. 2.01.080 Powers and duties. 2.01.090 Construction. 2.01.010 Positions created and authority delegated. (1) The position of county administrator is hereby created and included within the organizational chart for Jefferson County. (2) The position of county administrator is hereby delegated the executive and administrative duties, 11 functions, and powers conferred upon the board of county commissioners for the county, as a municipal corporation, by the Constitution and the laws and statutes of the state of Washington. (3) The position of interim county administrator is hereby created and included within the organizational chart for Jefferson County, said position to remain vacant at all times when the position of county administrator is occupied. (4) Solely upon the vacancy of the position of county administrator, the interim county administrator is hereby delegated the executive and administrative duties, functions, and powers conferred upon the board of county commissioners for the county, as a municipal corporation, by the Constitution, laws and statutes of the state of Washington. [Ord. 3 -07 §§ 1, 2; Ord. 9 -00 § 1] 2.01.020 Qualifications. (1) The person appointed to the position of county administrator shall be determined to be qualified for this position pursuant to the qualifications stated in the "Jefferson County Job Description: County Administrator," (Exhibit B to Resolution #82 -99) and as said job description may be amended in the future. (2) The county administrator need not be a resident of Jefferson County at the time of appointment, but shall within 90 days of his or her start date become and remain, while in office, a resident of the county. [Ord. 9 -00 § 21 2.01.030 Appointment. (1) The county administrator shall be appointed by a vote of the board of county commissioners. (2) Compensation and other terms of employment shall be set by the board and the appointed county administrator through negotiation and execution of an employment contract. The terms of said agreement shall not be in conflict with this chapter, or any state statute or regulation. (3) Termination of the county administrator is by a vote of the board, at any time, subject to the terms and conditions of the employment contract. [Ord. 9 -00 § 3] =:=�) 2.01.040 Limits to the authority. (1) This chapter does not affect any court, any constitutional officer, any elected statutory officer, any special purpose taxing district board, or any municipality, except the necessary coordination of budgets, employee regulations, risk management, facilities and equipment, and such other county interdepartment administrative matters as may be appropriately delegated by the board. (2) The county administrator, by the powers vested in JCC 2.01.080, has the authority to change or alter the organizational structure, scope of duties, powers or obligations of any department or office appointed by the board. [Ord. 9 -00 § 4] 2.01.050 Standards of conduct. (1) The county administrator shall not hold any political office or take part in any political activity relating to an individual member of the board of commissioners. (2) The Code of Ethics for Municipal Officers, Chapter 42_23 RCW, and the penalties for violation thereof as provided by law or more restrictive ordinances adopted by Jefferson County, if any, shall be applicable to the county administrator, and appointees thereof. (3) The county administrator shall be and shall remain during his /her tenure, a member in good standing of the International City/County Managers Association (ICMA) and function in adherence to the ICMA Code of Ethics and its guidelines (see Attachment t to the ordinance codified in this chapter.) [Ord. 9 -00 § 5] 2.01.060 Deputy administrators. (1) One or more deputy county administrators may be appointed by the county administrator, upon position and budgetary approval by the board. Deputy administrators shall serve at the pleasure of the county administrator. (2) Should the position of county administrator be deemed vacant due to illness, leave, resignation or termination, then the board of county commissioners shall, at a public meeting, appoint an interim county administrator to fulfill the duties and obligations of the position of county administrator until such time as the position of county administrator is filled by the board of county commissioners. Said appointment of an interim county administrator shall expire after 120 days, but may be renewed unlimited times by the board of county commissioners at a subsequent public meeting or meetings. [Ord. 3 -07 § 3; Ord. 9 -00 § 6] 2.01.070 Organization of the executive and administrative functions of the board of county commissioners. (1) All departments and offices carrying out the executive and administrative functions assigned to the board shall report and be responsible to the county administrator. (2) All departments carrying out the executive and administrative functions of the board shall have a department or office director. The county administrator shall have the authority to appoint and remove said directors. The county administrator may delegate the authority to appoint and remove staff within the director's assigned department or office. [Ord. 9 -00 § 7] 2.01.080 Powers and duties. (1) Appoint and remove from office a person or persons to fill positions that are defined statutorily to be designated by the legislative authority, the board, except the clerk of the board, in which case said designation or removal shall occur only after consultation with the board: (2) Perform the full range of managerial oversight functions over all county administrative operations, including financial management, planning, policy development, performance management, and prioritization of fiscal, human, and capital resources; (3) Establish organizational structure, budget levels, and staffing configuration within board- appointed departments; (4) Manage the operating budget for all county functions that are approved adopted by the board of commissioners; (5) Formulate and implement policies to carry out board directives. The final authority for legislative policy adoption rests with the board of county commissioners as a legislative power. The county administrator is to develop and analyze alternatives, and recommend a preferred course of action for the board's consideration and to implement the approved policy of the board; (6) Assist the board in various liaison functions; (7) Provide selected centralized management functions in budget, technology, capital outlay /facilities, human resources, and other support functions; (8) Develop and present an annual budget consistent with law and pre - established board priorities; (9) Implement and administer the board - approved annual budget; (10) Develop, implement and operate the county's strategic, tactical and comprehensive plans, policies and programs in each of the following support or internal service areas: (a) Employee compensation, benefits and management of human resources; (b) Budget and financial management; (c) Technology planning and use; (d) Capital facilities, purchasing and related functions; (e) Public information, media relations and communications with citizens; (11) Continuously monitor and evaluate the efficiency and effectiveness of the county's service delivery and governance through a performance management system and provide a report in that regard annually to the board of county commissioners; (12) Have other investigative, managerial, supervisory, financial and other authorities as may be extended to that office by future ordinances or resolutions of the board, within the limits of the laws and regulations of the state of Washington; (13) Represent Jefferson County at local, regional, state and federal levels of government as directed by the board of commissioners. [Ord. 9 -00 § 8] 2.01.090 Construction. It is the intent of the board of county commissioners in adopting this chapter that it shall be liberally construed to achieve the objective of delegation of those executive powers necessary and appropriate to perform the duties delineated herein. [Ord. 9 -00 § 9] JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: Philip Morley, County Administrator DATE: August 3, 2015 RE: Resolution Clarifying the Authority of the County Administrator STATEMENT OF ISSUE: The attached proposed Resolution seeks to clarify the executive and administrative authority for certain personnel tasks or actions that has been delegated to the County Administrator by the BoCC in Chapter 2.01 of the County Code. ANALYSIS: Chapter 2.10 of the Jefferson County Code (JCC) creates the position of the County Administrator within the organizational chart of Jefferson County. Section 2.01.010(2) JCC states, "The position of county administrator is hereby delegated the executive and administrative duties, functions, and powers conferred upon the board of county commissioners for the county, as a municipal corporation, by the Constitution and the laws and statutes of the state of Washington." Section 2.01.040 JCC delineates limits to that authority, and Section 2.01.080 JCC further enumerates certain powers and duties. The proposed Resolution seeks to clarify the executive and administrative authority for certain personnel tasks or actions that has been delegated to the County Administrator by the BoCC in Chapter 2.01 of the County Code, within certain provisos. The proposed Resolution states, "The County Administrator may undertake and complete all tasks or actions arising from the dismissal, resignation, termination, grievance, or personnel action of a County employee, quasi - employee or volunteer, including, but not limited to, the execution of releases, termination agreements, settlement agreements and such other documents, records or writings required to resolve or complete the employment action or claim, provided that 1) any such task or action must be consistent with applicable law, County Resolution, or pertinent Collective Bargaining Agreement; and 2) the County Administrator shall provide prior notice to the Board of County Commissioners of any proposed agreement or settlement in excess of $50,000 cost to the County." FISCAL IMPACT: None directly. Under the resolution, the County Administrator must provide prior notice to the Board of County Commissioners of any proposed agreement or settlement in excess of $50,000 cost to the County. RECOMMENDATION: Adopt the proposed Resolution with or without amendments. ED 713�� i clip Mori 0 unry �strator Date