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HomeMy WebLinkAbout3248 Creating Section 2.28.600 of the AMC Establishing the Ashland Parks and Recreation DepartmentORDINANCE NO.3248 AN ORDINANCE CREATING SECTION 2.28.600 OF THE ASHLAND MUNICIPAL CODE ESTABLISHING THE ASHLAND PARKS AND RECREATION DEPARTMENT Annotated to show deletions and additions to the Ashland Municipal Code sections being modified. Deletions are bold- ' , and additions are bold underlined. WHEREAS, Article 2. Section i of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and conunion law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the City desires to create section 2.28.600 of the Ashland Municipal Code: THE PARKS AND RECREATION DEPARTMENT THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.28.600 Parks and Recreation Department is hereby created to read as follows: 2.28.600 The Ashland Parks and Recreation Department — Creation An Ashland Parks and Recreation Department(Department) is hereby created and is charged with supporting the strategic policy direction of the Ashland Park and Recreation Commission ark Commission and the operational oversight of the City Council through its City Mana er as outlined in the City Charter and Ashland Municipal Code. The Department is an integral part of the City of Ashland's government and shall not act as an independent legal entit y.All legal actions involving the Department or the Park Commission shall be treated as actions against the City. The Department shall oversee the operation and management of parks recreation facilities and programs under the strategic direction of the Park Commission and the administrative and operational oversight of the City Manager, sub'ect to state law, Ashland Municipal Code and formal City administrative policies. 2.28.610 Ashland Parks and Recreation Department Director — Appointment and Duties A. Appointment The Department Director of the Ashland Parks and Recreation Department (Department Director shall be appointed by the Park Commission with Input from the City Manager, and shall be responsible for the operation of the Department. ORDINANCE NO. 3248 Page 1 of 7 B. Duties The Department Director shall have the following duties: 1. Responsibility to the Park Commission: The Department Director shall implement policies, plans, anti goals as directed by the Park Commission, ensuring the management of parklands, recreational facilities and programs aligns with the Park Commission's strategic vision. 2. Res ponsibili to the Ci Manager: The Department Director is rem mnsible to the City Manager to ensure that all operations including administrative financial and risk management functions align with written City policies. While strategic decisions remain under the Park Commission's purview, the Department Director must ensure compliance with Ci -wide standards and operational alignment. 3. Supervision of Employees: The Department Director shall supervise all Department employees in accordance with City Human Resources policies. Department employees are City employees assigned to parks and recreation functions and shall be supervised within the Department. 2.28.615 Performance Appraisal of the Ashland Parks and Recreation Department Director A. Responsibility for Performance Appraisal The performance appraisal of the Department Director is the responsibility of the Park Commission, with support from the City of Ashland Human Resources (HR) Department, and shall be conducted in accordance with the City of Ashland Performance Appraisal Process. B. City Manager's Input The City Man a er shall be invited to provide input as a key operational partner during the performance appraisal. The City Manager may raise performance issues for the Park Commission's consideration and communicate feedback through a written review or during an executive session with the Park Commission. C. Handling Human Resource Concerns and Complaints Employees who have HR concerns shall report their concerns following City HR policles. If a complaint is filed against the Department Director, the City Manager will be notified and HR and Leal will en aae_ _Nvith the Park Commission to share information and ensure proper handling of the complaint. ^ 2.28.620 The Ashland Parks and Recreation Department — Functions A. The functions of the Department shall include: i. Parks Management: Implement Park Commission policies related to the management of City -owned parks and recreation facilities, ensuring compliance with Cipolicies. ORDINANCE NO. 3248 Page 2 of 7 2. Pro rams and Services: Manage the Ci 's recreation programs and senior services Including events in the parks In alignment with the Park Commission's strategic vision and City administrative standards. 3. Financial and Operational Coordination: The Department Director shall ensure that all budgeting and financial management is clone according to the direction of the City Manager and is subject to City Council approval. The Department Director shall integrate financial legal, and risk management aspects with Cily operations. 2.28.630 Accountability and Supervisory Structure A. Strategic Direction and Land Management The Park Commission shall have control and management of all lands dedicated for pa p rr�k puoses and all other lands that may hereafter be acquired b the City for such purposes, as provided in the Ci Charter. This includes the authority to set the strategic and colic direction regarding the use development, and preservation of these lands. The Department Director is responsible for implementing the Park Commission's strategic and policy decisions concerning the management of park lands ensuring alignment with all relevant laws and the City Charter. B. Operational Oversight and Administrative Supervision While the Park Commission retains control and management of park lands the City Manager shalI work with the Department Director to ensure that all operations includin administrative financial and risk management functions align with City-wide policies. The City Manager retains ultimate responsibility for ensuring compliance with these policies and maintaining operational consistency across all City departments. C. Reporting Structure The Department Director shall: 1. Be responsible to the Park Commission regarding strategic and policy matters related to control and management of park lands. 2. Be responsible to the City Manager regarding operational financial and compliance matters ensuring Cily policies are followed in the administration of the Department. D. Clarification of Authority If differences arise related to the respective authority -of the Department Director and the City Manager over operational or administrative compliance matters such issues shall first be discussed between the Park Commission Chair and the City Manager to ensure alignment and understanding. If clarification is still required, the matter shall be referred to the Mayor and Park Commission Chair for further discussion. Ultimately, the Cl Council as the final authority, will resolve any remaining uncertainty or confusion with ORDINANCE NO. 3248 Page 3 of 7 guidance from the Ci 's Legal Department as necessaLw to ensure compliance with the City Charter and municipal policies. E. Emergency Management In the event of a declared emergency, the City Manager shall have the authority to direct the use of the Department staff and resources in coordination with the Department Director. This ensures the Department's effective integration into the Ci 's broader emergency response framework. F. Legal Responsibillty The Department shall not act independently in legal, financial or contractual matters or in any ca vaci that could be construed as functioning as a political subdivision of the City, as defined in ORS 174.117. All such matters shall be managed and overseen by the City Attorney and/or the appropriate City departments to ensure compliance with City policies and legal standards. 2.28.640. Hiring and Termination of the Ashland Parks and Recreation Det)artment Director A. Hiring Process 1. Responsibility of the Park Commission The Park Commission 1i1is responsible 11 responsible for hiring the Department Director with the assistance of an outside hiring firm or throe h direct appointment by the Park Commission. All hiring processes shall adhere to applicable federal state and local employment laws and comply with uniform City Human Resources policies to ensure transparency, fairness and legal compliance. 2. Input from the City Manager The City Manager shall provideinput into the job description and skill set re guirements for the Department Director, ensuring alignment with City-wide operational goals. 3. City Manager's Role in the Interview Process The City Manager shall provide feedback on applications and sit on the department head interview panel along with other Ci executive team members. The goal is to provide the Park Commission with operational insights and recommendations for candidates that would be successful within the City's broader structure. 4. Contract Signing Authority The City Manager shall have contract signing authority for the hire of the Department Director and shall assist with contracting documentation to ensure all legal and financial terms comply City policies. B. Termination Process 1. Commission's Role in Termination: The Park Commission retains the primary authority to recommend the termination ORDINANCE NO. 3248 Page 4 of 7 of the Department Director, based on its assessment of performance and alignment with the strategic vision and policies of the Commission. 2. Council and Legal Review: a. Presumption of Correctness: A termination recommendation made by the majority of the Park Commission shall be presumed valid and in the best interest of the a City. b. Council Override Standards: The City Council in consultation with the Cl Attorney, may override the Park Commission's recommendation if clear and convincing evidence demonstrates that the recommendation is not supported by sufficient cause or if legal, operational, or compliance risks necessitate termination. c. Process and Confidentiality: o All discussions and materials related to the termination shall remain confidential and compliant with, Oregon's public records and executive session laws (ORS 192.345(12)). a Executive session discussions must remain within the bounds of confidentiality to avoid violations of state law. o Any fnal decision to modify or terminate the Department Director's employment shall be made in a public meeting, in compliance with applicable state and local laws. The decision shall be made by or under the authority of the City Council, ensuring transparency and accountability while maintaining adherence to confidentiality requirements throughout the Process. 3. Public Records and Confidentiality: In compliance with ORS 192.345(12), any materials or discussions supporting the personnel action shall remain exempt from disclosure unless the public interest clearly reauires otherwise. Care must be taken to protect the emWovee from undue )ublic scrutiny during the process. 2.28.650 Legal and Financial Oversight A. Suhiect to City Policies The Department shall be subject to all Citv noiicies reeardine legal. financial, human resources, and risk management matters. The Department shall follow the same policies, procedures, and protocols as other Citv departments to ensure seamless integration into the City's_administrative framework. B. Legal Representation and Liability The Citv Attornev shall manage all legal matters involvine the Department. Anv leizal claims or actions against the Department shall be considered claims against the City of Ashland. The Department and the Park Commission shall not act as independent le al entities ensuring that all legal risks are contained within the Ci 's legal framework. C. Risk Management The Department Director is responsible to the Cit 's Risk Mana ement Office to ensure that potential risks and liabilities associated with the operations of parks,_ recreational ORDINANCE NO. 3248 Page 5 of 7 facilities and prograins are identifled mitigated, and fully aligned with the City's risk management strategies. A Financial Coordination The Department shall coordinate all financial activities including budgeting, reporting, and financial management, with the City Finance Director and the City Manager. All financial transactions appropriations, and contracts must comply with City financial management policies and protocols. The City Council shall maintain authority over the approval of all financial matters related to the Ashland Parks and Recreation Department. F. Long -Term Financial Planning The Department and Park Commission shall work with the CityMana er-Finance Director and City Council to develop long-term financial strategies and forecasts for the maintenance and expansion of Parks and recreation services. This shall include the idientiflcation of funding sources capital improvements, and the Inte ration of long-term financial planning with the City's overall fiscal policies. 2.28.660 Unifled Governance and Advis©iy Committees A. Culture The City Council acknowledges the Park Commission's Charter --defined authority to set policy direction for the Department. To ensure the effective implementation of these policies within the City.of Ashland's operational framework and maintain a unified and productive working relationship both bodies will observe the following: 1. Onboarding and Tralnin Newly elected officials to both bodies shall receive training on the C111 Council/Park Commission relationship with ongoing training in tliverstly, inclusion and City policies. 2, Joint Study Sessions The Park Commission and City Council shall hold) joint study sessions at least twice annually to discuss shared „goals and challenges. 3. AdivisoryCommittee Alignment All advlsoi committees shall adopt consistent agenda formats and processes substantially follow the Ci 's uniform committee policies, receive mandiatoi training, and have standardized terms„ of service. SECTION 2. Severability. Each section of this ordinance, and any part thereof, is severable, and if any part of this ordinance is held invalid by a court of competent jurisdiction, the remainder of this ordinance shall remain in full force and effect. SECTION 3. Codiflcation, Provisions of this Ordinance shall be incorporated) in the City Code and the word "ordinance" may be changed to "code", "article's, "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re -lettered, provided however ORDINANCE NO. 3248 Page 6 of 7 that any Whereas clauses and boilerplate provisions (ix, Sections 3-5) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors, The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of tlieCity Charter oil the 31d day of December, 2024, and duly PASSED and ADOPTED this day of t) axY'll , 2025. PASSED by the City Council this day of 2025. ATTEST: A I i s s-a I 0"Odiii-liski, City Recorder SIGNED and APPROVED this (lay of 2025. Toiiya Gighani, Mayor Reviewed as to form: 3 DouglasrM. McGeiry' "Acting City Attorney ORDINANCE NO. 3248 Page 7 of 7