[Adopted 9-7-1982 by Ord. No. 1268]
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DIVISION 1
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Generally
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[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.
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DIVISION 2
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Department of Public Safety
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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.
[1]
Editor's Note: Former § 2-295, Creation
of office of Deputy Chief, was repealed 10-17-2005 by Ord. No. 1795.
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.
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:
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"STATE OF MICHIGAN
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) SS.
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COUNTY OF KALAMAZOO)
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I,
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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.
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Subscribed and sworn to before me this day of , .
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"
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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.
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DIVISION 3
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Department of Public Services
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[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.
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DIVISION 4
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Department of Transportation
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[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.
[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.
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DIVISION 5
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Department of Administrative and Financial Services[1]
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[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.
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DIVISION 6
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(Reserved)[1]
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[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]
The City Manager is empowered to appoint and remove the DEI
Director and support staff.
[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 § 2-317 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.
