[Adopted 9-7-1982 by Ord. No. 1268]
DIVISION 1
Generally
[Amended 10-17-2005 by Ord. No. 1795]
Pursuant to § 46 of the City Charter the departments of the City, except the Department of Law, shall be as established as set forth in this section. The departments of the City shall be those funded by the City Commission as part of the City's annual budget. The functions and duties of the departments shall be those authorized or funded by the City Commission in the City's annual budget, and those subsequently assigned or authorized by the City Commission or City Manager. Unless otherwise provided in this chapter, the City Manager shall have full authority to manage and direct all departments and individuals assigned to those departments except for the Department of Law and its employees, the office of the City Clerk and its employees, and those individuals directly appointed by the City Commission and their subordinates, if any. The authority granted to the City Manager by this section shall be subject to the authority granted to the City Commission by § 46 of the City Charter, and to such subsequent ordinances and resolutions as may be duly enacted or approved by the City Commission.
DIVISION 2
Department of Public Safety
The Police Department and Fire Department, formerly existing as divisions of the Department of Public Safety, are hereby merged and consolidated in the Department of Public Safety. The Department of Public Safety shall consist of such personnel, divisions, bureaus, or offices as the City Manager (who is the Director of Public Safety by Charter) may from time to time recommend and the City Commission approve.
[Amended 6-6-1994 by Ord. No. 1578]
There is hereby created a Department of Public Safety, which shall have the power and authority to manage and direct all activities, facilities and personnel relating to the enforcement of laws and ordinances, and to the prevention and extinguishing of fires. The Department of Public Safety shall also be responsible for the protection of life and property, the keeping of the peace and good order, the prevention and extinguishment of fires and the management of equipment necessary therefor, the inspection of premises for fire hazards, and any and all other duties and activities related thereto.
The Office of Chief of the Department of Public Safety is hereby created. The operation, administration, and control of the Department of Public Safety, and all matters pertaining thereto, shall be under the control and direction of the Chief of Public Safety, who shall be appointed by, serve at the pleasure of, and be immediately responsible to the City Manager.
A. 
The Chief of Public Safety shall be the operating head and commanding officer of the Department of Public Safety. He shall have control of the department, under the supervision and direction of the City Manager. He shall perform such duties as may be prescribed by the Charter, any ordinances of the City, laws of the State of Michigan, and such further and other duties as shall be prescribed by the City Manager.
B. 
The Chief of Public Safety shall have the power to issue such verbal or written orders, rules, and regulations to police officers, fire fighters, and public safety officers and employees of the Department of Public Safety as he may deem proper, and it shall be the duty of the police officers, fire fighters, public safety officers, and employees of said department to fully and completely obey his orders, rules, and regulations, but such orders, rules and regulations shall be in conformity with the law.
C. 
The Chief of Public Safety shall promulgate, subject to the approval of the City Manager, employment standards for police officers, fire fighters and public safety officers. Said employment standards shall at a minimum comply with those established by the Michigan Law Enforcement Officers' Training Council in accordance with 1965 PA 203, as amended.[1]
[1]
Editor's Note: See MCLA § 28.601 et seq.
D. 
The Chief of Public Safety, or police officers, public safety officers or fire fighters designated by the Chief, shall be in command and control of any fire scene and shall have the authority to issue such verbal orders to any person at the scene as may be reasonably necessary to protect life and property and to conduct fire suppression activities.
A. 
Police officers and public safety officers. All police officers and public safety officers are hereby authorized to enforce the laws of the State of Michigan and the ordinances of the City of Kalamazoo and all said officers shall have the following powers and duties: To suppress all riots, disturbances and breaches of the peace and to pursue and arrest any person fleeing from justice in any part of the state and to apprehend any and all persons in the act of committing any offense against the laws of the state or ordinances of the City and to take the offender forthwith before the proper court or magistrate to be dealt with for the offense; to arrest without warrant any and all persons whom they have probable cause to believe to have committed a felony; to make complaints to the proper officers and magistrates of any person known or believed by them to be guilty of a violation of the ordinances of the City or the penal laws of the state and at all times diligently and faithfully to enforce all such laws, ordinances, rules, and regulations for the preservation of good order and public welfare as the City Commission may ordain; and to serve all processes lawfully directed or delivered to them for service; and for such purposes the said officers shall have all the powers of constables, sheriffs and other peace officers and may arrest upon view and without process any person in the act of violating any ordinance of the City or committing any offense against the laws of the state; and to have any other power or authority given to them by state law. The said officers may serve and execute all process in criminal proceedings for the violation of state law and the ordinances of the City. When any person has committed or is suspected of having committed any crime or misdemeanor within the City, or has escaped from any City jail, said officers shall have the same right to pursue, arrest and detain such person outside the City limits as the sheriff of the county.
B. 
Public safety officers and fire fighters. All public safety officers and fire fighters, unless designated otherwise by the Director of the Department of Public Safety, are hereby authorized to extinguish fires and the said public safety officers and fire fighters, in conformity with the ordinances of the City and the laws of the state, shall have the following powers and duties: To prevent and extinguish fires; and in so doing may cause the removal of structures or materials, the razing of walls of burning buildings, the cutting or openings in buildings, breaking and entering, breaking down of partitions, and removal of wiring, whenever, in their opinion, public safety requires that it shall be done in order to retard the fire.
C. 
Chief of Public Safety Department.
(1) 
The Chief of the Department of Public Safety, or any public safety officer or fire fighter designated by him, upon complaint of any person having an interest in any building or the premises or property adjacent thereto, or at his own instance without such complaint and without restraint or liability for trespass, may, at any hour that shall be reasonable under the circumstances involved, enter into and upon any building or premises within the City, for the purpose of inspection and examination thereof, together with their occupancies and contents, for the discovery of the existence of a fire hazard. Whenever he shall find any building or premises, either public or private, which for want of repairs, lack of or insufficient fire escapes, automatic or other fire alarm apparatus, of fire extinguishing equipment, or by reason of age or dilapidated condition, defective electrical wiring or electrical equipment, defective chimneys, defective gas connections, defective heating apparatus, accumulation of rubbish, waste materials or inflammable substances or decorations, or from any other condition or for any reason whatsoever, may cause an otherwise preventable fire or explosion or endanger other property or premises or be dangerous to the public peace, security or safety, he shall make and file a report of his findings with the Chief of Public Safety.
(2) 
The Chief of the Department of Public Safety shall determine to what extent such dangerous conditions or materials shall be remedied or changed, and shall serve written notice to that effect on the owner or occupant. The service of such notice may be made upon the occupant of the premises to whom it is directed, either by delivering a copy of same to such occupant personally or by delivering the same to and leaving it with any person in charge of the premises. Whenever it may be necessary to serve such notice upon the owner of the premises, it may be served either by delivering to and leaving with such owner a copy of the notice, or if such owner is absent from the City, by mailing such copy to the owner's last known post office address, by registered mail.
(3) 
Any person who fails to comply with the provisions of a notice served pursuant to this Subsection C shall be deemed guilty of a misdemeanor.
All public safety officers shall take the constitutional oath of office after appointment, before performing any of the duties of their office. Such oath shall be in form set forth below:
"STATE OF MICHIGAN
)
) SS.
COUNTY OF KALAMAZOO)
I,
do solemnly swear that I will support the Constitution and laws of the United States, and of the State of Michigan, and the Charter and ordinances of the City of Kalamazoo, and that I will, to the best of my ability, faithfully and impartially discharge the duties of the office of public safety officer for the City of Kalamazoo.
Subscribed and sworn to before me this
day of
,
.
"
All references in this Code to police officer or fire fighter shall hereafter mean police officer, fire fighter, or public safety officer as may be applicable. All references in this Code to Chief of Police or Chief of the Fire Department shall hereinafter mean the Chief of Public Safety. All references to Police Department or Fire Department shall hereinafter mean the Department of Public Safety.
DIVISION 3
Department of Public Services
[1]
Editor's Note: Former § 2-299, Department of Public Services, amended 10-8-1984 by Ord. No. 1335 and 5-4-1987 by Ord. No. 1413, was repealed 10-17-2005 by Ord. No. 1795.
[1]
Editor's Note: Ord. No. 1578, § 13, adopted 6-6-1994, repealed former § 2-300 in its entirety which pertained to responsibility of the former Assistant City Manager of Operations for the divisions of public services and derived from Ord. No. 1268, 9-7-1982; Ord. No. 1335, 10-8-1984; Ord. No. 1372, 3-10-1986.
[Amended 10-8-1984 by Ord. No. 1335; 3-10-1986 by Ord. No. 1372; 6-6-1994 by Ord. No. 1578; 10-17-2005 by Ord. No. 1795]
A. 
Building Official. The Building Official shall be appointed by and serve at the pleasure of the City Manager or by his or her designee, and shall be assigned to a department or division as designated by the City Manager.
B. 
City Planner. The City Planner shall be appointed by the City Manager after consultation with the City Planning Commission, and shall serve at the pleasure of the City Manager. The City Planner shall report to the City Manager or to his or her designee.
C. 
Traffic Engineer. The Traffic Engineer shall be appointed and serve at the pleasure of the City Manager, and shall be assigned to a department or division as designated by the City Manager.
D. 
City Engineer. The City Engineer shall be appointed by and serve at the pleasure of the City Manager, and shall be assigned to a department or division as designated by the City Manager.
[Amended 3-10-1986 by Ord. No. 1372]
Any reference to the Superintendent of Parks in the Code shall hereinafter mean the City Manager or his or her designee.
DIVISION 4
Department of Transportation
[1]
Editor's Note: Ord. No. 1578, § 13, adopted 6-6-1994, repealed former § 2-303 in its entirety which pertained to the creation and duties of the Department of Transportation and derived from Ord. No. 1268, § 5, 9-7-1982; Ord. No. 1335, § 4, 10-8-1984; Ord. No. 1413, § 2, 5-4-87.
[1]
Editor's Note: Ord. No. 1578, § 13, adopted 6-6-1994, repealed former § 2-304 in its entirety which pertained to the position of Director of the Department of Transportation and derived from Ord. No. 1268, § 5, 9-7-1982; Ord. No. 1335, § 5, 10-8-1984; Ord. No. 1372, § 7, 3-10-1986; Ord. No. 1413, § 3, 5-4-1987.
[1]
Editor's Note: Ord No. 1578, § 13, adopted 6-6-1994, repealed former § 2-305 in its entirety which pertained to the position of Deputy Director of Public Transportation and derived from Ord. No. 1268, § 5, adopted 9-7-1982.
[Amended 10-8-1984 by Ord. No. 1335]
A. 
The City Manager may adopt such rules and regulations for the operation of the City's motor bus transportation system as may be necessary to protect the health, safety, and general welfare, provide for the efficient operation of the bus system, provide for the safety of persons using the bus system and the public, to protect the physical facilities and assets of the bus system, or for any other necessary purpose, the same to become effective upon the approval of the City Commission.
B. 
Any person who shall violate any rule or regulation adopted, approved and posted in accordance with this section shall be deemed guilty of a misdemeanor and punishable as prescribed in § 1-7 of this Code. In addition, the City Commission may revoke any license, permit, or other privilege granted under any of the provisions of such rules and regulations, whenever the person to whom the same was granted is convicted of violating rules or regulations. In such cases, all fees paid by such a person for such privilege shall be forfeited.
DIVISION 5
Department of Administrative and Financial Services[1]
[1]
Editors Note: Ord. No. 1578, § 8, adopted 6-6-1994, created the Department of Administrative and Financial Services and the Office of Director of Administrative and Financial Services. Formerly, Div. 5, §§ 2-307—2-312 pertained to the Department of Finance.
[1]
Editor's Note: Former § 2-307, Department of Administrative and Financial Services, amended 6-6-1994 by Ord. No. 1578, was repealed 10-17-2005 by Ord. No. 1795.
[1]
Editor's Note: Ord. No. 1578, § 13, adopted 6-6-1994, repealed former §§ 2-308 and 2-309 in their entirety. These former sections respectively pertained to the appointment of the Director of Finance and the duties and responsibilities of the Director of Finance and derived from Ord. No. 1268, § 6, adopted 9-9-1982; Ord. No. 1372, §§ 8, 9, adopted 3-10-1986.
[1]
Editor's Note: Ord. No. 1578, § 13, adopted 6-6-1994, repealed former §§ 2-308 and 2-309 in their entirety. These former sections respectively pertained to the appointment of the Director of Finance and the duties and responsibilities of the Director of Finance and derived from Ord. No. 1268, § 6, adopted 9-9-1982; Ord. No. 1372, §§ 8, 9, adopted 3-10-1986.
[Amended 6-6-1994 by Ord. No. 1578; 10-17-2005 by Ord. No. 1795]
Pursuant to Charter § 11(a), the City Assessor shall be elected by and serve at the pleasure of the City Commission and shall possess the powers and perform the duties prescribed in Charter §§ 51, 82 and 83 [except for § 51(c), which is obsolete], and shall perform such other duties as may be required of him or her by law. The City Assessor, with assigned personnel, shall be assigned to such department as the City Commission may select.
[Amended 6-6-1994 by Ord. No. 1578; 10-17-2005 by Ord. No. 1795]
The City Treasurer shall be appointed by and serve at the pleasure of the City Manager and shall perform the duties and functions prescribed in § 50 of the City Charter, by law or ordinance, shall be assigned to a department or division as designated by the City Manager, and shall perform such other duties as may be prescribed by the City Manager or by his or her designee.
[Amended 6-6-1994 by Ord. No. 1578; 11-29-1999 by Ord. No. 1689; 10-17-2005 by Ord. No. 1795]
The Purchasing Agent shall be appointed by and serve at the pleasure of the City Manager, shall be assigned to a department or division as designated by the City Manager, and shall perform the duties and functions prescribed in § 52 of the City Charter, by law or ordinance, and shall perform such other duties as may be prescribed by the City Manager or by his or her designee.
DIVISION 6
(Reserved)[1]
[1]
Editors Note: Formerly Div. 6, §§ 2-313 through 2-315, pertained to the Department of Public Utilities.
[Added 6-20-2023 by Ord. No. 2065]
There is established a Diversity, Equity and Inclusion Department, which shall be headed by the Diversity, Equity and Inclusion (DEI) Director. The DEI Director is responsible for developing and executing diversity, equity, and inclusion strategic initiatives, procedures, processes, and policies for the City within the framework of local, state and federal law; reporting to and advising the City Manager as to the creation of an environment reflecting the diversity of differences in experiences and perspectives among the City workforce; eliminating artificial and institutional barriers to equity and inclusion in City policies, programs, and culture; and making periodic reports to the City Manager on significant developments in the diversity, equity, and inclusion framework. The DEI Director shall serve as the staff liaison, and provide professional assistance, including staff leadership to the Civil Rights Board and such other City boards as may be directed by the City Manager.
[Added 6-20-2023 by Ord. No. 2065]
A. 
There is established an operational budget for the Diversity, Equity and Inclusion Department which may be appropriated each year by the City Commission. All such monies appropriated for diversity, equity, and inclusion activity may be accumulated and expended for such activities, from time to time, to carry out the powers and duties of the Department.
B. 
The City may accept monetary gifts, grants, donations, or awards for the purposes of carrying out the powers and duties of the Diversity, Equity and Inclusion Department which shall be deposited into a special diversity, equity, and inclusion fund. All funds placed into the diversity, equity, and inclusion fund are restricted and may be expended only for activities as outlined in this section.
[1]
Editor's Note: Ord. No. 1578, § 13, adopted 6-6-1994, repealed former § 2-316 in its entirety which pertained to the creation of the Department of Staff Services and derived from Ord. No. 1268, § 8, adopted 9-7-1982.
[1]
Editor's Note: Ord. No. 1578, § 13, adopted 6-6-1994, repealed former § 2-317 in its entirety which pertained to the Deputy City Manager for Finance and Administration regarding his or her responsibility for the operation, administration and supervision of the Department of Staff Services. Former § 2-317 derived from Ord. No. 1268, § 8, 9-7-1982; Ord. No. 1372, § 4, 3-10-1986.
[1]
Editor's Note: Ord. No. 1578, § 13, adopted 6-6-1994, repealed former § 2-318 which pertained to the position of Purchasing Agent and assigned personnel as part of the Department of Staff Services and derived from Ord. No. 1268, § 8, adopted 9-7-1982. See § 2-312 for superseding provisions pertaining to the Purchasing Agent.
[1]
Editor's Note: Ord. No. 1578, § 13, adopted 6-6-1994, repealed former § 2-319 in its entirety. Former § 2-319 pertained to data processing functions as part of the Department of Staff Services and derived from Ord. No. 1268, § 8, adopted 9-7-1982.