(A) (1) Establishment of Board of Public Works and Safety. The Department of Public Works and Safety shall be under the control and supervision of the Board of Public Works and Safety.
(2) Members. The Board of Public Works and Safety shall be composed of three members who shall be appointed by the Mayor and serve at his pleasure. Members of the Board of Public Works and Safety shall have been a voter of the city for at least one year immediately preceding their appointment. The Mayor may also appoint ex officio, non-voting, advisors to the Board as are necessary to enable the Board to carry out its responsibilities.
(B) Police Department.
(1) Position of Chief of Police established. The Police Department shall be under the direct control and supervision of the Chief of Police, who shall be appointed by the Mayor and who shall serve at his pleasure subject to provisions of state law. All other members of the Police Department shall be appointed by the Board of Public Works and Safety.
(2) Powers and duties of Department. All police officers, including the Chief of Police, shall, in addition to the powers and duties provided by this code, have the powers and duties provided by state law.
(C) Fire Department.
(1) Position of Fire Chief established. The Fire Department shall be under the direct control and supervision of the Fire Chief, who shall be appointed by the Mayor and who shall serve at his pleasure subject to provisions of state law. All other members of the Fire Department shall be appointed by the Board of Public Works and Safety.
(2) Powers and duties of Department. The Fire Department shall perform those functions normally associated with fire prevention and extinguishment, with the primary objective of minimizing injury to life and property within the city. In addition, the Fire Department shall have all powers and duties specified in state law.
(3) Establishment of Bureau of Fire Prevention. There is established within the Fire Department a Bureau of Fire Prevention which shall operate under the general supervision of the Fire Chief.
(a) Position of Chief of Fire Prevention Bureau established. There is established the position of Chief of the Fire Prevention Bureau. The Chief of the Fire Prevention Bureau shall be a member of the City Fire Department, shall be appointed to his position of Chief of the Fire Prevention Bureau by the Mayor, and shall serve at his pleasure subject to provisions of state law. The Mayor's appointment shall be based on the results of examinations determining the qualifications of the nominee for the position.
(b) Duties of the Chief of Fire Prevention Bureau. The Chief of the Fire Prevention Bureau shall, under the general supervision of the Fire Chief, be responsible for the day-to-day operation of the Fire Prevention Bureau.
(c) Duties of the Fire Prevention Bureau. It shall be the duty of the Fire Prevention Bureau to enforce the provisions of the Uniform Fire Code (1979 Edition), as that code may from time to time be amended. In addition, the Bureau shall be responsible for enforcing any other fire prevention provisions as hereinafter provided.
(d) Additional personnel. The Fire Chief may detail such members of the Fire Department to the Bureau of Fire Prevention and inspectors as shall from time to time be necessary. The Fire Chief shall recommend to the Mayor and Board of Public Works and Safety the employment of technical inspectors, who, when such authorization is made, shall be selected through examinations to determine their fitness for such positions. Successful applicants shall serve under the day- to-day supervision of the Chief of Fire Prevention Bureau.
(e) Annual report. A report of the Bureau of Fire Prevention shall be prepared annually and transmitted to the Mayor. If shall contain all proceedings under the Uniform Fire Code (1979 Edition), with such statistics as the Fire Chief and the Chief of the Fire Prevention Bureau may wish to include therein. The Chief of the Fire Department shall also recommend any amendments to the Uniform Fire Code (1979 Edition), which in his judgment shall be desirable.
(D) [Reserved.]
(E) Sanitation Department.
(1) Function of Board of Public Works and Safety. In addition to the general supervisory function described in division (A)(2) of this section, the Board of Public Works and Safety shall make and enforce whatever bylaws, rules, and regulations it may deem necessary for the safe, economical, and efficient management of the Sanitation Department, for the construction and use of sewers and connections to the sewage system, for the regulation, collection, and refunding of the rates and charges for sewerage served, and, in general, for the implementation of the provisions of this code of ordinances and applicable state law concerning sewers and sewage disposal.
(2) Powers and duties. The Sanitation Department will be responsible for the efficient operation of the municipal sewage works; for the collection of fees imposed by the Common Council for sewer services; for the implementation of rules and regulations promulgated by the Board of Public Works and Safety for the operation of the sewer and sewage systems; and for coordination with other city departments for the maintenance of municipal sewer and sewage lines.
(3) Division of Plant Operations established. There is established within the Sanitation Department a Division of Plant Operations.
(a) Powers and duties. The Division of Plant Operations shall be responsible for the operation of the municipal sanitation plant and for the collection, treatment, and disposal of waste water and waste residues.
(b) Position of Plant Sanitation Superintendent established. The Division of Plant Operations shall be headed by the Sanitation Plant Superintendent, which position is now established. The Sanitation Plant Superintendent shall be appointed by the Board of Public Works and Safety, shall serve at the pleasure of the Board, and shall have such qualifications as required by law or state or federal regulations. The Sanitation Plant Superintendent shall be responsible for all aspects of the operation of the municipal sanitation plant. He shall be responsible for the conduct of all necessary testing and sampling required under federal, state, or local law or ordinance. He shall be the city employee responsible for assuring compliance with all applicable rules or regulations promulgated by federal or state agencies, as well as applicable state or federal laws. He will consult with the sewer engineer, the Street Department head, and the Board of Public Works and Safety, and shall recommend to the Board measures expediting the more efficient operation of the municipal sanitation facility.
(4) Division of Financial Administration established. There is established within the Sanitation Department the Division of Financial Administration.
(a) Powers and duties. The Division of Financial Administration will act as the business office of the Sanitation Department. In this capacity, the Division will be responsible for the financial management of the Sanitation Department, subject to the supervision of the Board of Public Works and Safety. These duties shall include, but not be limited to maintenance of all customer records; customer billings; collection of delinquent charges; maintenance of all financial records of the Department, monitoring, in cooperation with the Department of Finance, all bond obligations of the Department; and auditing of operational expenses of the Department.
(b) Supervision of the Division of Financial Administration. Supervision of the operation of the Division of Financial Administration shall be the responsibility and duty of the City Controller. In the furtherance of such responsibility and duty, the City Controller shall assign such employees as are required to administer the daily operations and functions of the Division of Financial Administration as set forth in this division (E)(4)(b). In addition, the City Controller shall, in cooperation with the Sanitation Plant Superintendent, prepare an annual budget for the operation of the Sanitation Department established under this section as required by law. The City Controller shall keep the City Board of Public Works and Safety apprised of all matters falling within the jurisdictional responsibilities of the Division of Financial Administration, and in matters pertaining to that Division only, shall be subject to the authority granted to the City Board of Public Works and Safety under divisions(A)(2) and (E)(l) and (2) of this section to supervise the operations of the Sanitation Department.
(F) Department of Streets.
(1) Position of Street Commissioner established. The Department of Streets will be headed by the Street Commissioner who shall be appointed by the Mayor and who shall serve at his pleasure.
(2) Powers and duties of Department. The Department of Streets, under the supervision of the Street Commissioner, and in conjunction with the Department of Public Works and Safety, shall supervise the cleaning, repair, and maintenance of all streets, alleys, rights-of-way, sanitary sewers, and storm drains. The Department of Streets shall also be responsible for the supervision of municipal trash collection within the city.
(G) Senior Citizens Department.
(1) Position of Senior Citizens Director established. The Senior Citizens Department will be headed by the Senior Citizens Director, who shall be appointed by the Mayor and who shall serve at his pleasure.
(2) Powers and duties of Department. The Senior Citizens Department, under the supervision of the Director, and in conjunction with the Department of Parks and Recreation, shall oversee programs designed to benefit the senior citizens of the community. To this end, the Department will manage such senior citizens centers as may be, from time to time, established within the city. The Department may apply for available grants from federal, state, or private sources designed primarily to benefit senior citizens. The Department shall also perform such other duties as assigned by the Mayor in the area of senior citizen programming.
(H) Department of Community Day Care Centers.
(1) Community Day Care Center Board. The Department of Community Day Care Centers shall operate under the control and supervision of the Community Day Care Center Board as hereinafter provided.
(2) Position of Day Care Center Director established. There is established within the Department of Community Day Care Centers the position of Day Care Center Director. The Director shall be appointed by the Mayor, with the approval of the Community Day Care Center Board, and shall serve at the pleasure of the Mayor. The Director shall be responsible for the day-to-day management of the Department of Community Day Care Centers, subject to the general supervision and control of the Community Day Care Center Board.
(3) Establishment of Community Day Care Center Board. There is established the Kokomo Community Day Care Center Board.
(a) Composition. The Board shall consist of seven members.
(b) Appointment. The members of the Board shall be appointed by the Mayor with the consent of the Common Council.
(c) Qualifications. The members of the Board shall be residents of the city.
(d) Terms. The initial members of the Board shall be the members of the Carver Community Day Care Center Governing Board appointed under former § 113.21 of this code (now repealed). Upon passage of this chapter, the Carver Community Day Care Center Governing Board shall cease to exist as hereinafter set forth. As the terms of the members of the former Carver Community Day Care Center Governing Board expire, replacement appointments to the Kokomo Community Day Care Center Board shall be made for a three-year period.
(e) Removal. The members of the Board may be removed by the Mayor with the consent of the Common Council.
(f) Vacancies. In the event of the death, removal, or resignation of any members of the Board, a successor shall be appointed by the Mayor with consent of the Common Council to serve the unexpired term of the former member.
(g) Selection of officers. The Board shall elect from its membership, on an annual basis, a president, vice president, and secretary.
(h) Compensation. The members of the Board shall serve without pay.
(i) Meetings. The Board shall hold meetings as requested by the Early Learning Center Director.
(j) Majority vote. A majority vote shall be required of all members of the Board for an official action by it.
(4) Function. It shall be the duty of the Kokomo Community Day Care Center Governing Board established herein to:
(a) Operate and maintain the Kokomo Early Learning Center, and have and discharge final responsibility for the establishment and enforcement of all policies of such center. However, such policies shall be in conformity with all other policies applicable to other city departments generally.
(b) Operate the center within the limits of any funds made available to the center by proper appropriation by the Common Council or from other sources.
(c) Accept contributions from other sources to carry on its work generally, or for specific purposes.
(d) Determine, subject to Common Council approval, charge, and collect patrons fees which shall be based on a scale adopted annually. This scale shall comply with all applicable state and federal regulations.
(e) Solicit patrons fees and grants in assistance from the State Department of Public Welfare as determined by the County Department of Public Welfare and from all other appropriate agencies of the United States.
(f) In cooperation with the Director, prepare a budget for the operation of the center and submit this to the City Fiscal Officer for forwarding to the Common Council on or before May 1 of each year.
(g) Determine the eligibility for admission in the center of any child and determine the continued eligibility of that child based upon the economic condition of the family of the child and the conduct and demeanor of the child while in attendance at the center. Admission standards shall comply with all applicable state and federal regulations.
(h) Establish rules of conduct required to be adhered to by all children attending the center.
(i) Investigate and develop methods of financing the center through sources other than local government.
(j) Prepare reports as requested by the Mayor and the Common Council.
(k) Act in an advisory capacity to, and otherwise cooperate with, the County Welfare Department and the Department of Public Welfare of the state. The Governing Board shall comply with the provisions of IC 12-7.4 and the minimum requirements and recommended standards for day care centers issued by the State Department of Public Welfare.
(Ord. 5289, passed 8-29-83; Am. Ord. 5412, passed 10-9-84; Am. Ord. 5662, passed 11-14-88; Am. Ord. 6371, passed 3-14-05; Am. Ord. 6492, passed 7-30-07; Am. Ord. 6690, passed 8-13-12; Am. Ord. 6897, passed 5-21-18)
Cross-reference:
Labor relations, see § 38.01