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City Council

Regular Meeting

Idaho Falls, ID · June 5, 2023

AgendaMinutes

Minutes

June 5, 2023, Council Work Session The City Council of the City of Idaho Falls met in Council Work Session, Monday, June 5, 2023, in the Idaho Falls Civic Center located at 501 S Holmes Avenue in Idaho Falls at 3:10 p.m. Call to Order and Roll Call There were present: Mayor Rebecca L. Noah Casper Council President Michelle Ziel-Dingman Councilor John Radford Councilor Tom Hally Councilor Jim Freeman Councilor Jim Francis Councilor Lisa Burtenshaw Also present: Pam Alexander, Municipal Services Director Ryan Tew, Human Resources Director Heather Wade, Human Resources Manager AJ Argyle, Broker/Consultant Randy Fife, City Attorney Michael Kirkham, Assistant City Attorney Chris Canfield, Public Works Assistant Director Jeremy Galbreaith, Police Captain Bryce Johnson, Police Chief Chris Frederickson, Public Works Director Brooks Slyter, Assistant Finance Manager Megan Ricks, Accountant II Corrin Wilde, City Clerk Mayor Casper called the meeting to order at 3:18 p.m. with the following items: Update and Discussion: Idaho Falls Police Complex: Slide-1 Project Schedule Assistant Director Chris Canfield stated the design was completed and bid documents in February/March 2022. Executed Construction contract on April 14, 2022, and NTP & Construction began on April 25, 2022. He said it is scheduled to be completed in December 2023. Some change orders added 43 days to the project. Slide-2 Construction Schedule Mr. Canfield stated the Main building exterior masonry complete as well as the Interior first floor framed, and sheet rocked. He said the Interior second floor framing continues and work at the entry is ongoing. He said the Aux building roof and exterior walls and insulation are complete and the doors and interior work are to resume. Slide-3 Construction Budget Status. Mr. Canfield explained that the original contract was $23,847,576 and with change orders and contingencies = $175,426. The current construction contract is $23,999,112. He said the work completed thru January was $15,647,191 and is 65% complete and the contract time thru May 2023 is 68% Slide -4 Layout – an ariel view of the complex. Slide-5 Masonry complete included pictures of the exterior of the complex. Slide-6 and 7, Drywall complete picture of the interior wall. Slide-8 picture of the interior 1st floor. Slide-9 Picture of interior 2nd floor Mech & Framing. Slide- 10 2nd floor Entry. Slide-11 Budget. Project "Hard Costs“ Construction Building & Site Construction (with CO’s & Cont. items) $23,999,112 Off Site Utilities/Fiber $65,000 Total Construction $24,064,112 Project "Soft Costs" FF & E Furniture 1 June 5, 2023, Council Work Session Allowance (Main Building at 48,734 SF) $1,900,000 Moving Costs / Audited Evidence By City Additional Soft Costs Professional Service Fees $2,405,769 Permits/Utility Connection Fees/3rd Party Testing/Commissioning/Historic $131,672 $4,437,441 Owner's Project Contingency (Construction) 5% $1,074,207 Total Project Cost $29,575,760 Presentation and Discussion-Medical premium and plan changes: Human Resources Director Ryan Tew presents Survey Results. Mr. Tew stated there are 625 enrolled employees, 402 PPO employees enrolled, and 223 employees enrolled in HSA. Director Tew stated 378 employees responded to the survey and out of the 378 there were 155 comments. Mr. Tew said the feedback from the employees was a little negative and may need some follow-up and information to go out to the employees. He said there were comments such as, “Why does the city increase the insurance costs”, "Benefits used to be so much less expensive”, and “Why does the city not look at other insurance options”? Director Tew said another comment was that the city should pay more of the insurance cost and why are we not going self-insured. Mayor Casper noted that she would like to make sure these questions are answered possibly in an employee newsletter. Director Tew stated when dealing with cost increases on medical insurance there are two tools primarily that we have to work with. One of them is modifying the ratio of what the city is paying and what the employee is paying. He said for example right now on the PPO plan the city is paying 85% and the employee is paying 15%. Mr. Tew stated the other tool we have is making changes to the plans like increasing the co-pay and increasing or decreasing the deductible and changing the pharmacy benefits. He said they will discuss two scenarios. He said one of them will leave everything like it is and gives an idea of what the cost to the city is with the increase we are facing. He said the other option is making some changes to the ratios the city pays and making some plan changes. Mr. Tew noted that there are several people on this committee and have explored every reasonable option to find the best approach. Megan Ricks stated where we are currently sitting at an overall 24.8% increase. Megan gives an overview of the two different scenarios. Director Tew pointed out that on the second to last page of Scenario 1.2 at the bottom in blue you see $1,705,966.93 this is the annual city cost. Director Tew stated that the total city increases by going with this scenario, the general fund portion of that is 58% of that number because this number includes both enterprise and general fund so if you take the general fund portion of that number and it's under 1M dollars. Councilor Freeman asked about Scenario 1.1 what is the general fund portion Director Alexander stated it is $1,276,358. Director Tew stated we were shooting for something that would be under 1M out of the general fund. Megan Ricks stated there are a variety of options and this is one that we felt was a good balance because it’s not too big of an increase to the employees. After all, they have been through so many plan changes, they felt like their health insurance was being drastically changed. Director Tew stated we feel like we are giving you our best recommendation. He said this 1.2M is our best recommendation because it gives all the increases to the employees on both plans that are practically the same. It’s not a drastic change in the employee/employer ratio on the HSA and doesn't change the ratio on the PPO. The plan changes on both the PPO and the HSA are the same, a $500 increase to the deductible and a $500 increase to the out-of-pocket max. Councilor Freeman feels that increasing out-of-pocket costs to go to the doctor may cause some people to avoid going to the doctor because it cost more. AJ Argyle agreed, he says that would have the most immediate impact on all employees. Mayor Casper pointed out that even though some employees felt they would be willing to pay more for a co-pay if it brings the monthly cost down. Mayor Casper referred to one of the handouts she says you can see it doesn't have a huge percentage impact on our 24% increase. Mayor Casper stated the committee is recommending the scenario with the 4.8% impact vs. some of the other options with higher impacts because the committee studied how they will impact and put in quite a few hours. She said what they have recommended to us is one where everybody takes roughly the same hit for their class of insurance and the hit to the general fund comes in under 2 June 5, 2023, Council Work Session 1M which is estimated to be able to cover that with new money coming into the city. Councilor Radford looks for clarification. He stated that we can only have a growth of 8% from last year overall because that is the limit set by the statute. He said we can only raise our levy by 3% so do you think we will have enough growth to cover $989 thousand with the 8% increase? Director Alexander stated last year it was 1M dollars on the 3% so at our Council workshop on April 21st we talked about the 3% statutory would be almost 1.3M in property taxes and our growth received last year was around $800K. Councilor Radford stated that is different, that is us taking a 3% increase and Mayor was saying growth. Mayor Casper agreed and apologized noting that Director Alexander is correct. Director Alexander stated growth last year was $800K and that was before the 3%. Councilor Francis feels committing 1M and not knowing what else needs to come out of the general fund that has not been looked at yet and feels if we take the 1.2 scenarios but change the percentage to 83% and 17% because it is easier to go back in July and say yes we can do this and keep it at 85% and 15% but if we commit to 85% and 15% now then we cannot go backward. He said we will be committing 1M dollars out of a tight budget and we know there is demand in almost every department for more employees to do what we need to do as a city. Councilor Burtenshaw agreed, she stated what are steps and grades this year because that is what we are committed to. She said If we don't know what the steps and grades will be. She said then there is the idea of a COLA or any increase to the salary schedule including new positions she said she does not know if we can afford it. Assistant Finance Manager Brooks Slyter stated that what Mr. Hagedorn had calculated is the 1M would take up about half the increase. Megan Ricks stated the step and grade should already be factored into what the budget is not including the increase on top of that. Councilor Burtenshaw stated that we know the true cost to the insurance was an increase of 43% not 24% so eventually we are going to have to pay for this. Mayor Casper stated the worry is if we go with this recommendation, we may not be sustainable in the future. Mr. Argyle stated that HUMIRA is going generic next month, and the City of Idaho Falls spends 1M dollars per year on the drug HUMIRA which is an autoimmune drug that treats everything from MS to Crohn's to Psoriasis and when that goes generic there are rumors that it will be 10% the cost of what it is currently. Mr. Argyle says Mark Cuban is currently putting the drug out there for $560 a month and we are currently paying $7,000 a month for ours so even if we are coming in at 10% and paying $150 more than what Mark Cuban has, we would save $960 thousand next year between July and June just on that one drug alone. Councilor Freeman wanted to speak to Councilor Francis and Councilor Burtenshaw concerns. He says he really doesn't like the idea of increasing the employees' portion at this point and maybe eventually it might be something we need to do but this year is not the year that it needs to happen. Councilor Freeman feels we will have the money and we have other things to fall back on if it comes to pass that this 1M is unaffordable for us. He said we still have Foregone we can take and the way it is sounding we may not even have to take that 3% we don't know. Councilor Freeman stated that he is willing to accept the recommendation presented. Councilor Francis stated if we push the decision to June 26th can we look at changing the percentage and keep the same benefit adjustment that you have for scenario 1.2? Councilor Francis would like to see what the impact is if we shift it by 2% and what is the impact if we shift by 3% because, without that information, we don't have enough to decide what we can afford. He said 1M out of what we are anticipating we get based on the April 21st decision is an awful lot of that amount and we can’t control the cost of medical care with the other obligation we have in the city, he feels we should at least look at this. Megan Ricks offered to show those numbers now changing the ratios. Ms. Ricks stated if we keep the HSA at 91.50% and the 8.5 and change the PPO to 83.00% and 17 that shifts about 200K to the employees. Councilor Dingman pointed out that we are at 1.5 instead of 1.7 and if you look at the monthly cost for a family it goes from $100 a month ($50 per paycheck) and with the 85% the monthly cost to the employee is $56 a month. Mayor Casper asked to show the number for just a 1% difference. The general fund is 941K and the cost to the employee is $78 per month. Changing the HSA to 90.5% will shift about 150K to the employee and the impact on the general fund would be 920K saving about 80K. Councilor Freeman stated there is not a big enough difference to me to have the employees paying more. Councilor Radford agreed. Councilor Burtenshaw wanted to know how the city plan rate is relative to the other plans that you work with she asked if is this great insurance is it middle of the road? She asked, where do we stand relative to other clients, customers, and big organizations? Mr. Argyle said he pulled the data on this and in Utah the lowest deductible is around $350 and the highest is $3000 and in the middle of 3 June 5, 2023, Council Work Session the road there is about $1500 which is where we would be. He said the lowest out-of-pocket is $1500 total and the highest is $6400 and the medium is $3000 which is where we are. Mr. Argyle stated in Idaho it's a little different it is about $340 for the lowest deductible and the highest is $8150 and the medium is $1500 which is where we are. Mr. Argyle stated the out-of-pocket in Idaho is a little different the lowest out-of-pocket is $1,925 and the highest is $8150 and the medium in Idaho is $5,000. Mr. Argyle stated if you are doing a comparison in Idaho, we are still significantly better than the trend and when you compared it to Utah, we are right in the middle. Councilor Hally is willing to go with the recommendation. Council President Dingman feels that looking at the survey she feels the employees would prefer to pay small incremental changes if I am going to be charged more and what they are least interested in is on the PPO side is a higher out-of-pocket maximum. Councilor Dingman feels that scenario 1.2 meets the needs and it is a smaller incremental change out of your bi-weekly paychecks. Councilor Radford feels that more predictability makes the most sense for the employees. He said we split the share we take a majority of the cost and feels we should work hard with our state representatives to see what choices we have because at some point for all these municipalities this is bankrupting people. Councilor Radford supports the recommendation and appreciates all the work put into it. Councilor Francis was glad he could see the numbers and now feels he can support scenario 1.2. Councilor Burtenshaw feels this will be unsustainable and feels that at some point we will have to look at a plan that shows dependents at 50% and that is what other employers are doing. Council President Dingman feels this is a fair way to split the cost in the current economic climate. Mr. Argyle pointed out that we need to look at RX costs are 20 or 30% a year and that drives a big portion of that. Council President Dingman feels that is the key and the solution if we are staying in this market-driven plan. Mayor Casper asked if it was an option to have RX and health insurance separate. Mr. Argyle stated that we cannot do that anymore, but the Council can decide to go self-insured on part of that, he said we could talk to the carrier and partner with them and take out the RX and self-insured. He said everything would be the same process as going fully self-insured. Mayor Casper feels it could be an option depending on what happens with Mr. Cuban's offer. It was moved by Councilor Freeman, seconded by Council President Dingman to accept option 1.2 as recommended. The motion carried by the following vote: Aye – Councilors Hally, Dingman, Radford, Freeman, Francis. Nay- Burtenshaw. Councilor Burtenshaw stated that it’s not because she doesn’t think this is a good job and a good plan it is because she cannot see the whole budget. Councilor Burtenshaw feels the work that was done was excellent and is sure this is the best we can get out of the scenarios but cannot see it within the whole budget. Mayor Casper asked Mr. Argyle to ask our carrier to extend our contract another month so that we will be able to see our whole budget by the time we are making these decisions with insurance. Mayor Casper gave an overview of the decisions made in this meeting. She stated that we did go with option 1.2 as per the vote we took, and those numbers can now be built into the budget. Mayor Casper stated the second thing is to ask if it is economically possible to ask them to give us a 13-month year. Mayor Casper stated the third thing is to find out if there is any value in finding out more about a self-insured RX and educate the Council a little more on that. City Attorney-Revisions and Standardization of Title 3 of City Code: City Attorney Randy Fife stated that normally what you would see in a draft is a tract changes version to be able to compare the old with the new in the same document. If those changes get to be so many that it is difficult to understand the changes then the Idaho Code allows you to delete the old one and substitute it with the new language. Mr. Fife stated he talked to each Director to have them check the work and one of the things we did was redact from every one of those chapters the job description of the department Director as being unnecessary because they have their job description and Human Resources oversees that and they change so to have elasticity and flexibility those are no longer in these chapters. Mr. Fife stated he also verified with directors that the duties and responsibilities in the chapter pertaining to them are consistent with what they think they do. 4 June 5, 2023, Council Work Session Fife stated they added some broader language, and some catch-all language in those chapters so if they want to have divisions or segment their responsibilities or delegate them the directors will have the ability to do that without having to come to Council for approval. Mr. Fife stated the Council is not giving up their authority as a Council and if the Council wanted to be more directive for a particular department or in general the Council can pass a resolution that does that. He said if the Council wanted to direct a department individually, they could also instruct that department Director about what they want to see. The Council also has the authority to take an organizational chart and make changes to it so that it controls the hierarchy cities employees. In the absence of that this would delegate to the mayor the same authority. Mr. Fife stated even though the language is a little different and it is standardized we are not adding or subtracting from departments except in one instance. Mr. Fife stated in the Fire Department we had a whole section that regulated private ambulance companies. After speaking to the Fire Department, it seemed unnecessary because it is regulated by the state in a way it wasn’t the case before and that wasn’t seen to be the mission of the Fire Department to be regulating licensing of private ambulance companies and so that has been deleted. Mayor Casper asked if Mr. Fife could define the meaning of the words (section 1: 3-1-8) “No Private Duty”. Mr. Fife stated setting these responsibilities out in the code does not allow a private citizen to sue that person or the city for failure by the department director from doing something. He said so you don’t have a private right of action against the city. Mayor Casper stated this item should be on a City Council meeting agenda for approval at the end of the month. Mayor and Council Reports- Calendars, Announcements, Events, Reports, Updates, Concerns, Questions, and Discussion: • Mayor Casper noted that our next Council meetings will be on the 26th work session and the 29th Council meeting Mayor Casper noted she will not be attending the City Council meeting on the 29th so Council president Ziel-Dingman will be chairing the meeting. Mayor Casper stated APPA (American Public Power Association) meeting in Seattle Washington will be from June 16th to 21st. Mayor Casper stated there will be a ribbon cutting for Heritage Park coming soon and will provide more information soon. • Council President Dingman stated station 7 opening is still scheduled for June 27th and as it gets closer will continue to update the Council. Councilor Dingman stated we had over 30 water rescues on the 23rd during the rainstorm and over 40 calls in the 2 hours that most of the water was coming down. That is a day's worth of calls in 2 hours. She noted the reports related to the rescues were incredible there was a video of the firefighter rescuing 2 little kids. Mayor Casper noted the police also had a lot of calls in that short amount of time and were involved in some impressive rescues. Councilor Burtenshaw stated there was confusion about some of the lift stations failing. She said they did not fail. The pumps did not fail it is just where the water gets pumped to was full of water. Councilor Burtenshaw stated the amount of rainfall that came down was somewhere between a 100- and 200-year flood, so the lift stations did not fail and there was not a failure of the system it was just an act of nature. • Councilor Hally had nothing to report. • Councilor Radford stated tentatively July 10th is the day for the launch of Funland and the name of the streets at Tautphaus Park. Councilor Radford said golf is having a great year even though they started two weeks later and the same for the Zoo. We have had record crowds even though we started two weeks late. • Councilor Freeman stated he and Mayor Casper attended the meeting with the GA people about the security upgrades at the Airport last week. He said they have 15 hangers now that need to be included if they want the individual security and that is about $50K per hanger. He said we could do a fence that wouldn't cost them anything. He said the people in the room were adamant that they wanted to have control of their own access and are willing to pay the money. He said all the 15 must agree and participate so there will be more discussion to decide what they want to do whether it’s putting up the fence or having security installed on each door. • Councilor Francis stated Chief Johnson gave us a list of a lot of community support for the police department, such as Creekside Counseling including a yoga program, and is all to help stress not only for 5 June 5, 2023, Council Work Session the police officer but also for their families. Councilor Francis stated we also have a Chaplaincy program that has been helpful, and the foundation has been giving money to the department's programs like these to make them run. Councilor Francis said it was an impressive list of how much community support there is for the Police Department in Idaho Falls. • Councilor Burtenshaw has one thing from Public Works. She stated we are spending ARPA money on the Pancheri bridge but the work happening on Pancheri bridge right now is not the city it is a project from the gas company and is boring under the river with their gas line and so this is not part of the scope of work that we are planning on doing this fall. Mayor Casper announced that Catherine Smith started to work today with the city as the Economic Development Administrator. Mayor Casper stated she is excited and with Catherine's knowledge of the community and background will allow her to be able to provide that service approach. She said the bottom-line goal of that position is to make it easy and profitable to do business in this community. This is everything from employee housing and community amenities to how easy it is to get your permits through the city and everything in between. Mayor Casper stated that concerning water supply, there is a hearing this week starting tomorrow in Boise and is scheduled to go on all week. She said the hearing is on the methodology order and the expectation is that it will be upheld and then after that they will go to court to try and figure it out. Mayor Casper said while all of this is going on we have legislators who are watching this and starting to vocalize so we may be seeing water rights issues in the coming legislative session. Mayor Casper encouraged Council members to keep the option open to go to AIC (Association of Idaho Cities) water day next January. Mayor Casper distributed a couple of handouts she announced from AARP to nominate a volunteer for the AARP Andrus Award she said if you know someone worthy you can nominate them. The second handout is a PowerPoint and advertisement for training the city employees were able to participate in. Mayor Casper stated the training was fantastic and 200 employees out of our roughly 700 employees participated in it. She said the training had to do with workplace safety and active shooter training. Executive Session: It was then moved by Councilor Francis, seconded by Council President Dingman, to move into Executive Session (at 6:01 p.m.). The Executive Session is being called pursuant to the provisions of Idaho Code Section 74-206(1)(f) to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated, but imminently likely to be litigated. Council will not reconvene after the Executive Sessions. The Executive Session will be held in the Idaho Falls Civic Center. At the conclusion of the Executive Session, the Council will not reconvene. The motion carried by the following vote: Aye - Councilors Hally, Burtenshaw, Dingman, Freeman, Francis, Radford. Nay – none The City Council of the City of Idaho Falls met in Executive Session, Monday, June 5, 2023, in the Idaho Falls Civic Center located at 501 S. Holmes Avenue in Idaho Falls, Idaho at 6:03 p.m. June 5, 2023, Council Work Session. There were present: Mayor Rebecca L. Noah Casper Council President Michelle Ziel-Dingman Councilor John Radford Councilor Tom Hally Councilor Jim Freeman Councilor Jim Francis Councilor Lisa Burtenshaw Also present: Dylan Davis, legal intern 6 June 5, 2023, Council Work Session Chris Frederickson, Public Works Director (departed at 6:18 p.m.) Randy Fife, City Attorney Michael Kirkham, Assistant City Attorney Executive Sessions called pursuant to the provisions of: The Executive Session was called pursuant to the provisions of Idaho Code Section 74-206(1(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The Executive Session concluded at 6:35 p.m. There being no further business, the meeting adjourned at 6:35 p.m. s/Corrin Wilde s/Rebecca L. Noah Casper Corrin Wilde, City Clerk Rebecca L. Noah Casper, Mayor 7

Agenda

Public Works and Police Department Council Work Session Update 06/05/23 Project Schedule • Design completed and bid documents in February/March 2022 • Executed Construction Contract April 14, 2022 • NTP & Construction Began April 25, 2022 • Scheduled Completion Date: Dec 2023 • (43 days added via 11 Change Orders) Idaho Falls Police Complex Update • Construction Schedule • Main building • Exterior Masonry complete. • Interior first floor framed and sheet rock completed. • Interior second floor framing continues. • Work at entry ongoing • Site Work to resume • Aux Building • Roof and exterior walls/Insulation complete. • Doors and Interior work to resume Idaho Falls Police Complex Update • Construction Budget Status • Original Contract = $23,847,576 • CO’s & Cont = $175,426 • Current Construction Contract = $23,999,112 • Work Complete thru January = $15,647,191 • Complete = 65% • Contract time thru May 2023 = 68% Layout Masonry Complete Drywall & Mud More Drywall 1 Floor st 2nd Floor Mech & Framing 2 Floor Entry nd Budget 06/05/23 Project "Hard Costs“ Construction Building & Site Construction (with CO’s & Cont items) $23,999,112 Off Site Utilities/Fiber $65,000 Total Construction $24,064,112 Project "Soft Costs" FF & E Furniture Allowance (Main Building @ 48,734 SF) $1,900,000 Moving Costs / Audited Evidence By City Additional Soft Costs Professional Service Fees $2,405,769 Permits/Utility Connection Fees/3rd Party Testing/Commissioning/Historic $131,672 $4,437,441 Owner's Project Contingency (Construction) 5% $1,074,207 Total Project Cost $29,575,760 City Attorney ORDINANCE NO. AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE 3, STANDARDIZING AND SIMPLIFYING LANGUAGE AND INTERNAL CITY DEPARTMENTAL STRUCTURE; DELETION OF SECTION 3-2-9 REGULATING THE LICENSING OF AMBULANCE SERVICES; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. WHEREAS, City organization and functions are regularly reviewed to promote efficiency, good governance, tax savings, and good service; and WHEREAS, Title 3 of the City Code organized internal City Departmental structure in a formal manner that does facilitate organizational flexibility that allows the City to timely anticipate or respond to internal and external “customer” needs; and WHEREAS, the current codified structure, including interdepartmental divisions, hampers the Departments’ respective abilities to make changes without the delay of Council action; and WHEREAS, the day-to day administrative and supervisory role of a modern Mayor (as well as the authority of the Council over Directors and the City budget and policies) will continue to provide needed oversight and accountability of the various Department Directors; and WHEREAS, Department Directors and other employee job descriptions have been and continue to be collated, reviewed, updated, managed, and modernized by the Human Resource Department, which makes their inclusion in Title 3 no longer necessary; and WHEREAS, development of the City Personnel Manual; the Idaho Falls Police Department Personnel Manual; internal Department policies and procedures; collective bargaining agreements; Council Ordinances and Resolutions; and applicable Federal and State laws and regulations will continue to govern and inform decisions related to City governance following the streamlining of Title 3; and WHEREAS, because the State’s ambulance services licensing regulation is sufficient to address City interests, the Ordinance eliminates City regulation and oversight of ambulance services (Section 3-2-9 of the Code); and WHEREAS, adoption of this Ordinance will not result in any disruption or discontinuation of any essential City function and will not result in any increased costs to the City or to taxpayers. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY ORDINANCE – TITLE 3 – 5.18.23 Page 1 of 16 OF IDAHO FALLS, IDAHO, THAT: SECTION 1: Title 3, Chapter 1 of the City Code of the City of Idaho Falls, Idaho, is hereby rescinded in its entirety and immediately replaced with the following: 3-1-1: CREATION OF POLICE DEPARTMENT: The Police Department is hereby established as an administrative department of the City. 3-1-2: APPOINTMENT OF THE CHIEF OF POLICE; MANAGEMENT: The Police Department shall be managed by the Chief of Police, who shall be appointed by the Mayor, subject to confirmation by a vote of at least four (4) members of the Council. The Chief of Police may be removed by the Mayor, with or without cause, subject to a confirming vote of at least four (4) members of the Council, or by the Council on its own initiative, upon a unanimous vote of the full Council. 3-1-3: RESPONSIBILITIES OF DEPARTMENT: The Police Department shall have the following general responsibilities and authority: (A) The Chief of Police shall be the chief administrative officer of the Police Department and all officers and employees of the Department shall be under the Chief’s immediate supervision, direction and control, including code enforcement, parking, emergency dispatch, and animal control enforcement, prevention, and other related activities; (B) Organization of the Police Department as is deemed to be in the best interests of the City, including organizing the Police Department into divisions, groups, or subgroups; (C) The Department shall ensure the laws of the State of Idaho and Ordinances of the City are obeyed and executed and shall have such other powers and duties prescribed herein or granted or imposed by law; (D) Preparation and presentation of the annual operating and capital budget of the Department; (E) Administration of the operating budget of the Department in accordance with the annual appropriation Ordinance adopted by the Council; and (F) Administration, management, and assumption of such other duties, programs, and policies as may be directed by the Mayor and Council. 3-1-4: POLICE OFFICERS: The Chief of Police and every police office before entering upon their duties shall subscribe to the official oath set forth in Chapter 9, Title 1 of this Code. All police officers shall be subject to the direction of the Mayor, Council and Chief of Police. All police officers shall perform all duties of police officers, preserve order and peace, ensure all laws are enforced, and carry out the lawful instructions of the Chief in all matters pertaining to the enforcement of laws, the protection of persons and property within the City, and internal established policy, procedure, and regulation, including those contained in the Idaho Falls Personnel Policy Manual, the Idaho Falls Police Policy Manual, and the Idaho Falls Police Department Policy and Procedures. ORDINANCE – TITLE 3 – 5.18.23 Page 2 of 16 3-1-5: REMOVAL OF POLICE OFFICERS: Any officer who neglects or refuses to report any violation of law by any other officer of the police force or who fails to observe the rules or regulations of the Police Department, may be removed from office or employment. Such removal shall be in accordance with the Idaho Falls Personnel Policy, relevant laws, Ordinances, and Police Department rules and regulations, including the Idaho Falls Personnel Policy. A non-probationary police officer shall be removed from office, suspended, demoted, or discharged only for cause, based upon the preponderance of evidence and materials considered. 3-1-6: LIMITATION OF OUTSIDE EMPLOYMENT: No member of the Police Department shall engage in any other employment or undertaking which is reasonably likely to interfere with the performance of their duties or which will bring disrespect upon the City or the Department. Before engaging in any outside employment or undertaking, all members of the Police Department shall comply with the current Personnel Policy and Department Policy. 3-1-7: POWERS OF POLICE OFFICERS: All police officers may exercise, to the fullest extent permitted by law, all authority, including extraterritorial authority, conferred upon them pursuant to Idaho Code. 3-1-8: NO PRIVATE DUTY: Nothing in this Chapter shall create a private right, duty or obligation of the City in favor of any person, or give rise to any private right of action, on account of any failure by the City or any employee of the Police Department to perform the duties prescribed herein. SECTION 2: Title 3, Chapter 2 of the City Code of the City of Idaho Falls, Idaho, is hereby rescinded in its entirety and immediately replaced with the following: 3-2-1: CREATION OF FIRE DEPARTMENT: The Fire Department is hereby established as an administrative department of the City. 3-2-2: APPOINTMENT OF FIRE CHIEF; MANAGEMENT: The Fire Department shall be managed by the Fire Chief. The Fire Chief shall be appointed by the Mayor, subject to confirmation by at least four (4) members of the Council. The Fire Chief may be removed by the Mayor, with or without cause, subject to a confirmation by a vote of at least four members of the Council, or by the Council upon its own initiative upon a unanimous vote of the full Council. 3-2-3: RESPONSIBILITIES OF DEPARTMENT: The Fire Department shall have the following responsibilities and authority: (A) Organization of the Fire Department as is deemed to be in the best interests of the City, including organizing the Fire Department into Divisions, groups, or subgroups; (B) Management of the Fire Department and the equipment and property belonging thereto; supervision and direction of the Department in preventing and fighting fires; preventing conditions hazardous to life, property or public welfare in occupancy of structures or premises; reducing fire hazards in the structure or on the premises from occupancy or operation; matters related to the construction, extension, repair alteration or removal of fire ORDINANCE – TITLE 3 – 5.18.23 Page 3 of 16 suppression or alarm systems; and conditions affecting the safety of fire fighters and emergency responders during emergency operations; (C) Provision, management regulation, and coordination of Emergency Medical Services (EMS) operations, equipment and personnel, including coordination of associated dispatch services, contacts with other agencies, and mutual aid agreements; and (D) Reporting to the Mayor and Council, as requested; (E) Appointment of a Fire Code Official for the purpose of administering and enforcing the International Fire Code, as adopted and amended; (F) General authority and responsibilities specified within the International Fire Code, as amended as necessary for the implementation, administration, and enforcement of the Fire Code, including the authority to appoint inspectors as necessary to administer the Fire Code Official’s duties under the Fire Code; (G) Preparation and presentation of the annual operating and capital budget of the Department; (H) Administration of the operating budget of the Department in accordance with the annual appropriation Ordinance adopted by the Council; and (I) Administration, management, and assumption of such other duties, programs, and policies as may be directed by the Mayor and Council. 3-2-4: LIMITATION OF OUTSIDE EMPLOYMENT: No member of the Fire Department shall engage in any other employment or undertaking which is reasonably likely to interfere with the performance of their duties or which will bring disrespect upon the City or the Department. Before engaging in any outside employment or undertaking, all members of the Fire Department shall comply with the current Personnel Policy and Department Policy. 3-2-5: NO PRIVATE DUTY: Nothing in this Chapter shall create a private right, duty or obligation of the City in favor of any person, or give rise to any private right of action, on account of any failure by the City or any employee of the Fire Department to perform the duties prescribed herein. SECTION 3: Title 3, Chapter 3 of the City Code of the City of Idaho Falls, Idaho, is hereby rescinded in its entirety and immediately replaced with the following: 3-3-1: MUNICIPAL SERVICES DEPARTMENT ESTABLISHED: The Department of Municipal Services is hereby established as an administrative department of the City. 3-3-2: APPOINTMENT OF MUNICIPAL SERVICES DIRECTOR; MANAGEMENT: The Department of Municipal Services shall be managed by a Municipal Services Director who shall be appointed by the Mayor, subject to confirmation by at least four (4) members of the Council. The Director may be removed by the Mayor, with or without cause, subject to confirmation by a vote of at least four (4) members of the Council, or by the Council upon its own initiative upon a unanimous vote thereof. ORDINANCE – TITLE 3 – 5.18.23 Page 4 of 16 3-3-3: RESPONSIBILITIES OF DEPARTMENT: The Municipal Services Department shall have the following responsibilities and authority: (A) Organization of the Municipal Services Department as is deemed to be in the best interests of the City, including organizing the Municipal Services Department into divisions, groups, or subgroups; (B) Management and supervision of all City shops, garages, including all equipment and vehicles; administering and maintaining all public buildings and other real or personal property owned or leased by the City; and administering and controlling the purchase of all equipment and supplies used by the various departments and divisions throughout the City; (C) Preparation, supervision and control of the annual budget, supervision of the general account of the City, maintaining and keeping records of all insurance coverage, in cooperation with the Clerk; accounting for all City utility revenue; accounting for all moneys belonging to the City, filing proper reports and financial statements; (D) Custody of all moneys belonging to the City and rendering of a monthly report under oath showing the state of the balance of all monies and funds belonging to the City; managing and depositing all City funds; and having charge of all funds and records of Local Improvement Districts; investing all public funds in a sound, prudent and lawful manner and keeping a record of all unpaid checks or warrants of the City in cooperation with the Clerk; keeping a record of all outstanding bonds against the City in cooperation with the Clerk, showing the amount of each, to whom the bonds were issued and when any bonds are purchased, paid or cancelled; collecting all utility revenue, and performing all other duties imposed upon the office by law; (E) Maintenance of all financial records in cooperation with the Clerk, in accordance with generally accepted accounting practices, audit requirements, and as required by law, regulations, and City policy; (F) Operation and maintenance of all computer and electronic media record-keeping equipment for the Department; administration and supervision of all data entry, computer programming and other record-keeping or electronic data retrieval operations of the Department; (G) Coordination of operation and maintenance of City Information Technology departments, as appropriate; (H) Administration of the operating budget of the Department in accordance with the annual appropriation Ordinance adopted by the Council; and (I) Administration, management, and assumption of such other duties, programs, and policies as may be directed by the Mayor and Council. 3-3-4: NO PRIVATE DUTY: Nothing in this Chapter shall create a private right, duty or obligation of the City in favor of any person, or give rise to any private right of action, on account ORDINANCE – TITLE 3 – 5.18.23 Page 5 of 16 of any failure by the City or any employee of the Municipal Services Department to perform the duties prescribed herein. SECTION 4: Title 3, Chapter 4 of the City Code of the City of Idaho Falls, Idaho, is hereby rescinded in its entirety and immediately replaced with the following: 3-4-1: ESTABLISHMENT OF DEPARTMENT: Idaho Falls Power (or “IFP” and formerly known as the “Electric Light Division”) is hereby established as an administrative department of the City. 3-4-2: APPOINTMENT OF IDAHO FALLS POWER DEPARTMENT DIRECTOR; MANAGEMENT: Idaho Falls Power shall be managed by the Director of Idaho Falls Power. The Director shall be appointed by the Mayor, subject to confirmation by at least four (4) members of the Council. The Director may be removed by the Mayor, with or without cause, subject to a confirmation by a vote of at least four members of the Council, or by the Council upon its own initiative upon a unanimous vote of the full Council. 3-4-3: RESPONSIBILITIES OF DEPARTMENT: The Idaho Falls Power Department shall have the following responsibilities and authority: (A) Establishment of technical standards, methods and procedures for the Department and assuring the same are properly executed; (B) Employment, assignment, or reassignment all personnel within the Department and ensuring that all equipment is efficiently used and maintained; (C) Formulating and recommending to the Mayor and Council all policies and procedures for the planning, design, construction, maintenance and improvement of all hydroelectric generating facilities and electric distribution and transmission lines and equipment; (D) Constructing, operating and maintaining all electric distribution and transmission lines and facilities, hydroelectric generating plants and all equipment and facilities necessary to generate, transmit and distribute electrical energy to the customers of Idaho Falls Power; (E) Constructing, operating, and maintaining all poles, conduit, fiber optic cables, electronics, physical facilities and financial obligations necessary to provide fiber optic broadband access for the City and its wholesale and retail customers. (F) Administering and enforcing all rules, regulations, ordinances and statutes pertaining to the distribution of electrical energy to customers of Idaho Falls Power, and establishing all rates, fees and tariffs charged to such customers; (G) Administrating all covenants, terms and conditions on all ordinances providing for the issuance of bonds to construct any hydroelectric generating facility owned by the City, insofar as the same pertain to the construction, operation and maintenance thereof; (H) Installing, operating, and maintaining all traffic signalization equipment owned or operated ORDINANCE – TITLE 3 – 5.18.23 Page 6 of 16 by the City; (I) Performing all actions, duties or responsibilities as may be necessary for the sound, reasonable and prudent operation of Idaho Falls Power; (J) Preparation and presentation of the annual operating and capital budget of the Department; (K) Administration of the operating budget of the Department in accordance with the annual appropriation Ordinance adopted by the Council; and (L) Administering, managing, and assumption of such other duties, programs, and policies as may be directed by the Mayor and Council. 3-4-4: NO PRIVATE DUTY: Nothing in this Chapter shall create a private right, duty or obligation of the City in favor of any person, or give rise to any private right of action, on account of any failure by the City or any employee of the Idaho Falls Power Department to perform the duties prescribed herein. SECTION 5: Title 3, Chapter 5 of the City Code of the City of Idaho Falls, Idaho, is hereby rescinded in its entirety and immediately replaced with the following: 3-5-1: ESTABLISHMENT OF PUBLIC WORKS DEPARTMENT: The Department of Public Works is hereby established as an administrative department of the City. 3-5-2: APPOINTMENT OF PUBLIC WORKS DIRECTOR; MANAGEMENT: The Department of Public works shall be managed by a Public Works Director, who shall be appointed by the Mayor, subject to confirmation by a vote of at least four (4) members of the Council. The Director may be removed by the Mayor, with or without cause, subject to a confirming vote of at least four (4) members of the Council, or by the Council on its own initiative, upon a unanimous vote of the full Council. 3-5-3: RESPONSIBILITIES OF DEPARTMENT: The Public Works Department shall have the following responsibilities and authority: (A) Organization of the Public Works Department as is deemed to be in the best interests of the City, including organizing the Public Works Department into divisions, groups, or subgroups; (B) Establishing technical standards, methods and procedures for the Department and ensuring that they are properly executed; (C) Employment, assignment or reassignment all personnel within the Department, resolution of all disputes between any division of the Department, and resolution of conflicting demands for labor and equipment; (D) Carrying out public works construction projects approved by the Mayor and Council according to design and time schedules within allocated budgets; ORDINANCE – TITLE 3 – 5.18.23 Page 7 of 16 (E) Formulation and implementation policies and procedures for the planning, design, construction, maintenance, repair, and improvement of all public works owned or operated by the City, except as otherwise provided in this Code; (G) Constructing, operating, and maintaining all public streets, sidewalks, alleys, bridges, highways and rights-of-way, including the placement and operation of street regulatory and informational signs; (H) Constructing, operating, and maintaining all sewer facilities and appurtenances, including sanitary sewers, pumping stations, storm sewers, drains, ditches, culverts and streams and water courses under the jurisdiction of the City; (I) Administrating all rules, regulations and ordinances pertaining to the construction, maintenance and operation of all streets, sidewalks, rights-of-way, easements, sewers, sanitation facilities, waterlines and pumps, and communication lines and subdivision improvements; (J) Making of all surveys, maps, public works plans, drawings, utility construction/maintenance in the right-of-way, and other documents required for the construction, maintenance and operation of all public works owned or operated by the City; (K) Preparation of contract drawings, specifications and cost estimates for all public works construction and maintenance and the administration of such construction, including field inspections; (L) Constructing, operating, and maintaining all public water supply and distribution facilities; (M) Collecting and disposing of all refuse and the cleaning of all streets and alleys, including the removal of snow therefrom; (N) Collecting, maintaining, and distributing mapping and geographic information including aerial photography, cadastral, water, sewer, storm, sanitation, snow, street, traffic, and related data; (O) Preparation and presentation of the annual operating and capital budget of the Department; (P) Administration of the Operating budget of the Department in accordance with the annual appropriation Ordinance adopted by the Council; and (Q) Administration, management, and assumption of such other duties, programs, and policies as may be directed by the Mayor and Council. 3-5-4: NO PRIVATE DUTY: Nothing in this Chapter shall create a private right, duty or obligation of the City in favor of any person, or give rise to any private right of action, on account of any failure by the City or any employee of the Public Works Department to perform the duties prescribed herein. ORDINANCE – TITLE 3 – 5.18.23 Page 8 of 16 SECTION 6: Title 3, Chapter 6 of the City Code of the City of Idaho Falls, Idaho, is hereby rescinded in its entirety and immediately replaced with the following: 3-6-1: ESTABLISHMENT OF THE PARKS AND RECREATION DEPARTMENT: The Parks and Recreation Department is hereby established as an administrative department of the City. 3-6-2: APPOINTMENT OF THE PARKS AND RECREATION DEPARTMENT DIRECTOR; MANAGEMENT: The Parks and Recreation Department shall be managed by the Parks and Recreation Director, under the supervision and control of the Mayor and Council. The Director shall be appointed by the Mayor, subject to confirmation by a vote of at least four (4) members of the Council. The Director may be removed by the Mayor, with or without cause, subject to a confirming vote of at least four (4) members of the Council, or by the Council on its own initiate upon a unanimous vote thereof. 3-6-3: RESPONSIBILITIES OF DEPARTMENT: The Parks and Recreation Department shall have the following responsibilities and authority: (A) Maintaining, operating, and controlling all public parks, playgrounds, cemeteries, swimming pools, community centers, gymnasiums, rodeo grounds, athletic fields, golf courses, skate parks, tennis courts, pickleball courts, amusement parks, recreational bike and pedestrian trails and pathways; and the Idaho Falls Zoo at Tautphaus Park, all of which are owned by the City; (B) Establishing and administering all budgets for the operation of the Department and collecting all revenues accruing to the City relating to recreational facilities or lands owned by the City; and (C) Administering all public recreational activities, programs, leagues, tournaments, and events sponsored and/or owned by the City; (D) Preparation and presentation of the annual operating and capital budget of the Department; (E) Administration of the operating budget of the Department in accordance with the annual appropriation Ordinance adopted by the Council; and (F) Administration, management, and assumption of such other duties, programs, and policies as may be directed by the Mayor and Council. 3-6-4: NO PRIVATE DUTY ESTABLISHED: Nothing in this Chapter shall create a private right, duty or obligation of the City in favor of any person, or give rise to any private right of action, on account of any failure by the City or any employees of the Parks and Recreation Department to perform the duties prescribed herein. SECTION 7: Title 3, Chapter 7 of the City Code of the City of Idaho Falls, Idaho, is hereby rescinded in its entirety and immediately replaced with the following: ORDINANCE – TITLE 3 – 5.18.23 Page 9 of 16 3-7-1: ESTABLISHMENT OF AIRPORT DEPARTMENT: The Airport Department (or “Idaho Falls Regional Airport” or “IFRA” or the “Airport” and formerly known as “Fanning Field” or “Idaho Falls Municipal Airport”) is hereby established as an administrative department of the City. 3-7-2: APPOINTMENT OF AIRPORT DEPARTMENT DIRECTOR; MANAGEMENT: The Airport Department shall be managed by the Airport Director. The Airport Director shall be appointed by the Mayor, subject to confirmation by a vote of at least four (4) members of the Council. The Airport Director may be removed by the Mayor, with or without cause, subject to a confirming vote of at least four members of the Council, or by the Council upon its own initiative upon a unanimous vote of the full Council. 3-7-3: RESPONSIBILITIES OF DEPARTMENT: The Airport Department shall have the following responsibilities and authority; (A) Supervising and managing all uses, operations and maintenance of all facilities, appurtenances, structures and equipment at the Idaho Falls Regional Airport; (B) Administration and enforcement of all rules, regulations, Ordinances and statutes of the City, the State of Idaho and the United States of America, insofar as the same may be applicable to the operation of the Airport; (C) Recommending and advising the Council regarding Airport development, federal and state grants, budgets, policies, operations and design, and construction of new facilities; (D) Supervision and control of all employees of the Airport Department; (E) Administration of the budget of the Airport Department and administration and ensuring the collection of all revenues, fees, tariffs and charges derived from the operation of the Department; (F) Provision of the safe, efficient, and convenient operation of the Airport and the facilities, structures and improvements thereon; (G) Preparation and presentation of the annual operating and capital budget of the Department; (H) Administration of the operating budget of the Department in accordance with the annual appropriation Ordinance adopted by the Council; and (I) Administration, management, and assumption of such other duties, programs, and policies as may be directed by the Mayor and Council. 3-7-4: RULES AND REGULATIONS: The Council may adopt reasonable operational rules and regulations for the Airport and for the safe and efficient operation thereof. Such rules and regulations shall be posted in a conspicuous place at the Airport and shall be published in pamphlet form and shall be distributed free of charge to all persons requesting the same. ORDINANCE – TITLE 3 – 5.18.23 Page 10 of 16 3-7-5: NO PRIVATE DUTY: Nothing in this Chapter shall create a private right, duty or obligation of the City in favor of any person, or give rise to any private right of action, on account of any failure by the City or any employee of the Airport Department to perform the duties prescribed herein. SECTION 8: Title 3, Chapter 8 of the City Code of the City of Idaho Falls, Idaho, is hereby rescinded in its entirety and immediately replaced with the following: 3-8-1: COMMUNITY DEVELOPMENT SERVICES DEPARTMENT ESTABLISHED: The Department of Community Development Services is hereby established as an administrative department of the City. 3-8-2: APPOINTMENT OF COMMUNITY DEVELOPMENT SERVICES DEPARTMENT DIRECTOR; MANAGEMENT: The Community Development Services Department shall be managed by the Community Development Services Director who shall be appointed by the Mayor, subject to confirmation by at least four (4) members of the Council. The Director may be removed by the Mayor, with or without cause, subject to confirmation by a vote of at least four (4) members of the Council, or by the Council upon its own initiative upon a unanimous vote thereof. 3-8-3: RESPONSIBILITIES OF DEPARTMENT: The Community Development Services Department shall have the following responsibilities and authority: (A) Enforcing the Zoning Ordinance; the Uniform Building Code; the Sign Code; the Uniform Plumbing Code; the Subdivision Ordinance; the Code for Abatement of Dangerous Buildings; the Uniform Housing Code; the Uniform Administrative Code; the Northwest Energy Code; the One and Two Family Dwelling Code; the Uniform Mechanical Code; Uniform Electric Code; the City’s Form Based Code; and all supplements and amendments thereto and all other uniform codes or Ordinances relating to the construction of any building or structure within the City and any health or safety regulations applicable thereto, except for the International Fire Code; (B) Preparing and administering the Comprehensive Plan and any Ordinances, regulations, or policies necessary to implement the same; (C) Issuing and enforcing permits issued pursuant to such Codes for which the Department is responsible and the performance of inspections required thereby; (D) Establishing and planning all public streets, alleys and thoroughfares within the City, the naming of such streets and thoroughfares, and the issuance of building numbers for structures located thereupon in cooperation with other City Departments; (E) Coordinating and administering all laws, statutes, and regulations pertaining to any census of the City or other procedure or analysis conducted for the purpose of determining the population of the City; (F) Coordinating and administrating any matter involving the Idaho Falls Redevelopment Agency or other similar board or commission whose responsibilities encompass the urban ORDINANCE – TITLE 3 – 5.18.23 Page 11 of 16 revitalization or growth of the City; and (G) Preparation and presentation of the annual operating and capital budget of the Department; (H) Administration of the operating budget of the Department in accordance with the annual appropriation Ordinance adopted by the Council; and (I) Administration, management, and assumption of such other duties, programs, and policies as may be directed by the Mayor and Council. 3-8-4: NO PRIVATE DUTY ESTABLISHED: Nothing in this Chapter shall create a private right, duty or obligation of the City in favor of any person, or give rise to any private right of action, on account of any failure by the City or any employees of the Community Development Services Department to perform the duties prescribed herein. SECTION 9: Title 3, Chapter 9 of the City Code of the City of Idaho Falls, Idaho, is hereby rescinded in its entirety and immediately replaced with the following: 3-9-1: ESTABLISHMENT OF HUMAN RESOURCES DEPARTMENT: The Human Resources Department is hereby established as an administrative department of the City. 3-9-2: APPOINTMENT OF HUMAN RESOURCES DEPARTMENT DIRECTOR; MANAGEMENT: The Human Resources Department shall be managed by the Director of Human Resources. The Director of Human Resources shall be appointed by the Mayor, subject to confirmation by a vote of at least four (4) members of the Council. The Director of Human Resources may be removed by the Mayor, with or without cause, subject to a confirming vote of at least four (4) members of the Council, or by the Council upon its own initiative upon a unanimous vote thereof. 3-9-3: RESPONSIBILITIES OF DEPARTMENT: The Director of Human Resources shall have the following responsibilities and authority: (A) Assisting the Mayor and Departments in the recruitment of qualified officers and employees and in the classification of personnel; (B) Overseeing, administering, and providing recommendations with regards to programs related to employee wages and benefits; (C) Overseeing and providing guidance on employee leave programs (i.e., Family Medical Leave Act (FMLA), military leave, etc.) (D) Making recommendations to the Mayor, Council, and other City Departments regarding the City Personnel policy, policies related to City employment, collective bargaining agreements, and assist the other Departments in the administration, management and enforcement thereof; (E) Providing oversight and guidance on employee discipline, termination, and investigations, ORDINANCE – TITLE 3 – 5.18.23 Page 12 of 16 including cases of discrimination and harassment; (F) Overseeing programs related to the Drug and Alcohol-Free Workplace Policy; (G) Administering Worker’s Compensation and all death-on-duty programs; (H) Assisting the Mayor and Departments in the processing of grievances filed by City employees; (I) Overseeing and making recommendations regarding employee benefit programs, including without limitation, health insurance, life insurance, retiree benefits, deferred compensation plans, PERSI programs and benefits, cafeteria plans or other compensation plans or benefits approved by the Council; (J) Assisting the Clerk in the maintenance of general employee personnel files and other personnel-related administrative records; (K) Administration and management of labor relations, affirmative action programs and Title VII programs as directed by the Mayor and Council and assisting and training the other Departments in their duties, obligations and responsibilities with respect thereto; (L) Establishing, promoting, and fostering appropriate employee safety programs and policies; (M) Making recommendations to and assisting the Council and the City staff in the preparation of the annual appropriation ordinance and budget, insofar as employee wages, benefits and claims may impact such ordinance and budget; (N) Preparation and presentation of the annual operating and capital budget of the Department; (O) Administration of the operating budget of the Department in accordance with the annual appropriation Ordinance adopted by the Council; and (P) Administration, management, and assumption of such other duties, programs, and policies as may be directed by the Mayor and Council. 3-9-4: NO PRIVATE DUTY ESTABLISHED: Nothing in this Chapter shall create a private right, duty or obligation of the City in favor of any person, or give rise to any private right of action, on account of any failure by the City or any employees of the Human Resources Department to perform the duties prescribed herein. SECTION 10: Title 3, Chapter 10 of the City Code of the City of Idaho Falls, Idaho, is hereby rescinded in its entirety and immediately replaced with the following: 3-10-1: ESTABLISHMENT OF DEPARTMENT: The City Attorney Department is hereby established as an administrative department of the City. 3-10-2: APPOINTMENT OF CITY ATTORNEY; MANAGEMENT: The City Attorney shall ORDINANCE – TITLE 3 – 5.18.23 Page 13 of 16 be appointed by the Mayor, subject to confirmation by a vote of at least four (4) members of the Council. The City Attorney may be removed by the Mayor, with or without cause, subject to a confirming vote of at least four (4) members of the Council, or by the Council upon its own initiative upon a unanimous vote thereof. The City Attorney Department shall be managed by the City Attorney. 3-10-3: RESPONSIBILITIES OF CITY ATTORNEY DEPARTMENT: The City Attorney Department shall have the following responsibilities and authority: (A) Provision of independent legal advice to the City and representation of the City in all disputes, suits, or proceedings in which the City is involved; (B) Performance of duties as may be prescribed by the Idaho Code, Ordinances and Resolutions duly passed; (C) Prosecution of violations of City Ordinances, Idaho Code, traffic infractions, and Idaho Code misdemeanors committed within City limits by exercise of the same powers as the County prosecutor including, but not limited to, granting immunity to witnesses; (D) Provision of a wide range of independent legal-related advice, support, and information to the Mayor, City, the Council, City staff, City boards, committees, and commissions, the Idaho Falls Public Library, and others, in accordance with federal, State, and City legislation and Council direction; (E) Organization and oversight of work of outside legal counsel and determining the scope of outside legal services, as needed; (G) Participation in negotiation, mediation, and resolution of sensitive, significant, controversial, and/or complex legal matters; (H) Drafting and review of opinions, Resolutions, Ordinances, contracts, and other legal documents and instruments; (I) Oversight of the preparation of the City codification of general laws; (J) Preparation and presentation of the annual operating and capital budget of the Department; (K) Administration of the operating budget of the Department in accordance with the annual appropriation Ordinance adopted by the Council; and (L) Administration, management, and assumption of such other duties, programs, and policies as may be directed by the Mayor and Council. 3-10-4: NO PRIVATE DUTY ESTABLISHED: Nothing in this Chapter shall create a private right, duty, or obligation of the City in favor of any person, or give rise to any private right of action, on account of any failure by the City or any employees of the City Attorney Department to perform the duties prescribed herein. ORDINANCE – TITLE 3 – 5.18.23 Page 14 of 16 SECTION 11. Savings and Severability Clause. The provisions and parts of this Ordinance are intended to be severable. If any section, sentence, clause, or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. SECTION 12. Codification Clause. The Clerk is instructed to immediately forward this Ordinance to the codifier of the official municipal code for proper revision of the Code. SECTION 13. Publication and Effective Date. This Ordinance, or a summary thereof in compliance with Idaho Code, shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage, approval, and publication. PASSED by the City Council and APPROVED by the Mayor of the City of Idaho Falls, Idaho, this ______ day of ________________, 2023. ATTEST: CITY OF IDAHO FALLS, IDAHO ______________________________ _______________________________________ CORRIN WILDE, CITY CLERK REBECCA L. NOAH CASPER, Ph.D., MAYOR (SEAL) ORDINANCE – TITLE 3 – 5.18.23 Page 15 of 16 STATE OF IDAHO ) ) ss: County of Bonneville ) I, CORRIN WILDE, CITY CLERK OF THE CITY OF IDAHO FALLS, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled, “AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE 3, STANDARDIZING AND SIMPLIFYING LANGUAGE AND INTERNAL CITY DEPARTMENTAL STRUCTURE; DELETION OF SECTION 3-2-9 REGULATING THE LICENSING OF AMBULANCE SERVICES; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.” _________________________________ CORRIN WILDE, CITY CLERK (SEAL) ORDINANCE – TITLE 3 – 5.18.23 Page 16 of 16

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