HomeMy Public PortalAboutOrd. 752 - Public Records RequestsORDINANCE NO. 752
AN ORDINANCE BY THE CITY OF MCCALL, IDAHO, AMENDING TITLE 1,
CHAPTER NINE, SECTION 9 OF THE MCCALL CITY CODE TO PROVIDE THAT THE
CITY CLERK SHALL OVERSEE THE PROCESSING OF PUBLIC RECORDS REQUESTS
AND TO ALLOW THE CITY COUNCIL TO ESTABLISH BY RESOLUTION THE FEES
TO BE CHARGED FOR THE SERVICES OF THE CITY CLERK FOR PUBLIC RECORDS
REQUESTS; REMOVING THE FIRE DEPARTMENT AND CHIEF FROM MCCALL CITY
CODE SINCE THEY ARE NO LONGER AFFILIATED WITH THE CITY OF MCCALL;
PROVIDING THAT THE DIRECTOR OF GOLF AND PARKS OPERATIONS SHALL
OVERSEE THE MAINTENANCE OF CITY PARKS; AND ESTABLISHING AN
EFFECTIVE DATE
Whereas, pursuant to Idaho Code § 9-338(8)(a) the City of McCall
may establish a copying fee schedule not to exceed the actual cost
to the agency of copying the record if another fee is not otherwise
provided by law; and
Whereas, a public official may establish a fee to recover the
actual labor cost associated with locating and copying documents
if; and,
Whereas, the City Council of the City of McCall desires to set such
a fee; and,
Whereas, the Fire Department and Fire Chief are no longer
affiliated with the City of McCall, they have become a Rural Fire
District and the City desires to update McCall City Code to reflect
such a change; and,
Whereas, the Golf Superintendent is in charge of the Parks
Department and the City Manager has updated the Golf
Superintendents job title and duties to include the
responsibilities for the City Parks;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF MCCALL, Valley County, Idaho, as follows:
Section 1: Section 1-9-9, McCall City Code is hereby amended as
follows:
1-9-9: DEPARTMENTS DESIGNATED AND OFFICERS' AND
DEPARTMENT'S DUTIES LISTED BY TITLE: The City
of McCall deems it necessary for the efficient operation
of the City to create the following Departments of the
City, each to be administered by a Department Head. The
Department Heads appointed by the City Manager for the
Treasury Department are, unless otherwise directed by
Council at the time, Police Chief and Treasurer,
Ordinance No. 752
January 11, 2001
Page 1 of 6
respectively, each upon confirmation by Council of the
appointment.
Department
Airport
Golf and Parks
Police
Public Works
Recreation
Treasury
Responsible Officer
and Department Head
Airport Manager
Director of Golf and
Parks Operations
Police Chief
Public Works Director
Recreation Director
Treasurer
The rights, duties and responsibilities of each City
officer and/or department are:
(A) City Clerk:
1. Duties and meetings: The City Clerk shall
attend all meetings of the City Council, and keep a
true and accurate journal of the proceedings of the
Council in a book to be furnished by the City.
2. Custodian of Seal: The City Clerk shall be the
keeper of the Seal of the City and shall affix it
to all documents; which by law are required to be
attested with the Seal of the City.
3. Custodian of Records: The City Clerk shall have
the custody of and shall safely keep all records,
documents, contracts, bonds and all other papers
and instruments belonging to the City until
disposed of in accord with IC 50-907. It shall be
the Clerk's duty to keep the original ordinances
passed by the Council. The Clerk shall attach to
each copy of an ordinance thus made a certificate
signed by the Clerk and attested with the Seal of
the City to the effect that the copy is a true and
correct copy of the ordinance as passed.
4. Certified instruments: Upon payment of the fees
therefore fixed in accord with resolution of the
Council, the Clerk shall furnish any person
applying therefore a certified copy of any record,
ordinance, paper or document in the Clerk's
possession as such Clerk except those records
exempt by law from disclosure or copying. All fees
shall be accounted for and paid to the Treasurer of
the City.
Ordinance No. 752
January 11, 2001
Page 2 of 6
Processing public records requests: The Clerk shall
oversee the processing of open records requests as
required by the Idaho Public Records Act, the
"Act", Sections 9-335 to 9-350, Idaho Code; and,
provided further, pursuant to a fee schedule
enacted by resolution of the Council, the Clerk
shall charge fees for providing copies of such
public record and, as provided by the Act, for the
administrative and labor costs of locating and
providing access to and copies of such records.
5. General Duties: The Clerk shall do and perform
such other duties as may be required from time to
time by order of the Council or as prescribed in
Title 50, Idaho Code.
(B) City Treasurer: The Treasurer shall:
1. Be custodian of all money belonging to the City;
2. Keep a separate account of each fund or
appropriation, and the debits and credits belonging
thereto;
3. Give a receipt to every person paying money into
the Treasury, thereon specifying the date of
payment and on what account paid; and also file
copies of such receipts with the monthly reports;
4. At the end of each and every month and as often
as may be required, render an account to the
Council, under oath, showing the state of the
Treasury at the date of such account and the
balance of money in the Treasury; and accompany
such accounts with a statement of all receipts and
disbursements, together with all warrants redeemed
and paid by the Treasurer, which warrants, with any
and all vouchers held by the Treasurer, shall be
filed with the account in the Clerk's office; and
if the Treasurer neglects or fails for the space of
ten (10) days from the end of each and every month
to render the account, the office shall be declared
vacant and the Council shall fill the vacancy by
appointment;
5. Keep a record of all outstanding bonds against
the City showing the number, amount of each, and to
whom said bonds were issued; and when any bonds are
Ordinance No. 752
January 11, 2001
Page 3 of 6
purchased, paid or canceled, and record shall show
the fact; and
6. In the annual report describe particularly the
bonds issued and sold during the year and the terms
of the sale with each and every item of expense
thereof.
(C) City Attorney: The City Attorney shall:
1. Be a member in good standing of the Idaho State
Bar;
2. Be the legal advisor of the municipal
corporation;
3. Represent the City in all civil suits or
proceedings in which the City is interested;
4. Attend all Council meetings;
5. Report to the Council on legal and policy
matters at their request and direction;
6. Prosecute those violations of County or City
ordinances, State traffic infractions, and State
misdemeanors committed within the Municipal limits;
and in so doing, shall exercise the same powers as
the County Prosecutor including, but not limited
to, granting immunity to witnesses; and
7. Perform such other duties as may be prescribed
by ordinances and resolutions duly passed.
Nothing herein, however, shall preclude the City
from employing alternative additional counsel when
deemed advisable, such as when retaining bond
counsel, or when the City Attorney retains other
temporary assistance as provided for in the budget
respecting that Office.
(D) Public Works Department: The Public Works
Department shall be responsible for the safe and
efficient operation and maintenance of the City's
water and sewer systems including collection and
distribution networks and treatment facilities, and
the maintenance of the public streets, roads and
alleys, and City airport.
Ordinance No. 752
January 11, 2001
Page 4 of 6
(E) Recreation Department: The Recreation Department
shall be responsible for creating and maintaining a
recreation program meeting the needs of the
resident and tourist population of the community.
To those ends, the Department shall propose fees to
defray the costs of such services, which must be
approved by the Council and adopted by resolution.
(F) The Golf and Parks Department shall be responsible
for the maintenance of City parks, the McCall
Municipal Golf Courser and all buildings and all
improvements thereon and all equipment.
(G) Police Chief: The Chief of Police shall be Chief
of the police force and all full-time or reserve
police officers shall be subordinate to the Chief
and subject to the Chief's orders. It shall be the
Chief's duty to cause the public peace to be
preserved and to see that all laws and provisions
of this Code are enforced within the City limits.
The Chief, and through the chief, the Police
Department, have the responsibilities stated in
Section 5-1-020 of this Code.2
(H) Airport Department: The Airport Department shall
administer and enforce all ordinances, rules and
regulations for the operation and maintenance of
the McCall Municipal Airport3 as promulgated by the
Mayor and council, and shall do and perform such
other duties that may be fixed by resolution by the
Council. (Ord. 659, 3-10-94)
Section 2: Section 1-10-1, McCall City Code is amended as follows:
1-10-1: TEMPORARY CITY ADVISORY COMMITTEES: Pursuant to
Idaho Code, section 50-210, the City of McCall
deems it necessary or expedient to the efficient
operation of the City to have citizen advisory committees
including, but not limited to, those named below:
I See Title VIII, Chapter 15 of this Code.
2 Section 5-1-020 of this Code reads: "The Chief of Police, and through him and as directed by him, the Police
Depaitnient, has the duty within the limits imposed by the resources of the Department to preserve the public peace
and to see that all laws and regulations of (Title 5 of the McCall City Code) and the criminal laws within the Idaho
Code are enforced within the City. Whenever any violation of such laws or regulations shall come to the attention of
the Depaitnient or be reported to it, it shall cause the requisite investigation and report to be made; and shall when in
the judgment of the Chief if is merited, seek prosecution by the City or County Prosecutor as may be appropriate."
3 See Title VIII, Chapter 16 of this Code.
Ordinance No. 752
January 11, 2001
Page 5 of 6
Airport Advisory Committee
Parks Advisory Committee
Recreation Advisory Committee
Transportation Advisory Committee
Golf Course Advisory Committee
Building Standards Advisory Committee
The Council shall assign duties and responsibilities to
each of these committees by motion of the Council and
provide for the committees' organizations. Members shall
be appointed and removed according to the procedure set
out in Section 1-9-4 (Ord. 659, 3-10-94)
Section 3: This ordinance shall be published once in the official
newspaper of the City, and shall take effect upon its passage,
approval, and publication.
DATED this #(4_, day of January, 2001.
CITY OF McCall
valley County, Idaho
By
ATTEST:
hleen A. Koch, City Clerk
AA_
Allan Muller, Mayor
Ordinance No. 752
January 11, 2001
Page 6 of 6
City of McCall
Certificate of Recording Officer
STATE OF IDAHO}
}
County of Valley }
I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, Idaho,
do hereby certify the following:
1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a
correct journal of the proceedings of the Council of the City of McCall, Idaho,
and that I am statutory custodian of all laws, ordinances and resolutions of
said City.
2. That the attached Ordinance No. 752 is a true and correct copy of an
ordinance passed at a regular meeting of the Council of the City of McCall
held on January 11, 2001 and duly recorded in my office; and
3. That said regular meeting was duly convened and held in all respects in
accordance with law and to the extent required by law, due and proper notice
of such meeting and that a legally sufficient number of members of the
Council voted in the proper manner and for the passage of said ordinance; and
that all other requirements and proceedings incident to the proper adoption
and passage of said ordinance have been duly fulfilled, carried out and
observed; and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of McCall, Idaho this 20th day of July 2001.
Cathleen A. Koch, City Clerk
Publisher's Affidavit of Publication
STATE OF IDAHO
.ss
County of Valley
I, Carol J. Wright, being duly sworn and say, I am the receptionist of
The Star -News, a weekly newspaper published at McCall, in the County of
Valley, State of Idaho; that said newspaper is in general circulation in the
county of afore said and is a legal newspaper; that the PUBLIC NOTICE, a
copy of which is enclosed hereto and is a part hereof, was published in said
newspaper once a week for a period of one week in the regular and entire
issue of every number there of during the period of time of publication, and was
published in the newspaper proper and not in a supplement; and that publica-
tion of such notice began February 8, 2001 and ended February 8, 2001.
Subscribed and s(ocdrn before this the 9th day of February, 2001.
STATE OF IDAHO
COUNTY OF VALLEY
On this 9th day of February, in the year of 2001, before me, a Notary
Public, personally appeared Carol J. Wright, known or identified to me to be the
person whose name subscribed to the within instrument, and being by me first
duly sworn, declared that the statements therein are true, and acknowledged to
me that she executed the same.
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires 2/8/06
T
•..,.OROWANCENQ,752-
, AN ORDINANCE. BY` THE?�TTY: COF,
t`MCCALL IDAHO AMENDING„TITLEt,:l
i CHAPTER NINE SECTION .9 QF,, THEW
MCCALL CITY CODET.OPROVIDETiHAT
• THE,CITY CL tK* HALL°OVERSEE THE.,
{
r PROCESSING. QF PUBLIC RECORD,S`REq
QUESTS AND TO" ALL<OW 1HE c1TY'�
COUNCIL TO ESTABLISH.BY:RESOLU :l
TION; THE FEES TO BECHARGED FOR
THESERVICES OFTHECITxY CIERK FOIE
PUBILIQ RECORDS REQUESTS; REMOV'
ING THE FIRE:DEPARTMENTAND CHIEF;?
FROM MCCALL CITY CODE SINCE THEY':. c
ARENOLOINGERAFFILIATEIYW1THTHE A
"i",,CIT,Y,,..C.0F'MCCAf;fLtY, PROVIDING THAT
• THEr:DIRECTOR OF GOLF AND PARKS
OPERATIONS SHALL OVERSEE THE�j
MAINTENANCE OF CITY PARKS 'AND
ESTABLISHING AN EFFECTIVE DATE; 5N
'Whereas, pursuant :to .1daho;Code § `9
338(8)(a� the .City of,McCalismay �establrst da;
copying fee schedule not fo'exceed{the actual> K
• costKto the agency of Copying;the' record if.
another fee is not otherwise provideyd'bygl, i
and
fee
tereas, a.pubhc,official may;establish.k
to:recover_ (he actual:,labor cost' as�soc►ated`;
w�thaoeatmg and,cop`ying docurifetfts if, and,'
Whereas,,,the City Cpuncil of}the City'of't
cCall _desiies,`to, set such a fee, and : r,, a =!
Whereas,'.the Fire; :Depaitmeitt,and Fire
i..Chief no•longer affiliated with`•the City; of
McCal heyhavebecomeaRuralFtreDistrict
and the I City desires . to. u dal McCall Cit
CoyJ, ;
de to�reflect�such+aachiapge; and,; �. `
Whereas athe'EGolf� Superintendent is in ,
charge of:th Parks Dep"artmetiiatd,tfie;City ;t
:;Manager has updated the Golf Supgr ptender►ts:= ,
Job title and duties to include the reresponsi ili .,,
ties' for {he City" Park0`at £: z ,1; 414.1
i s`NOW,THEREFORS;'BE°ITORDA _
BY THE gitycat AND,COUNCIC OF THE
, CITY OF MCCALL Yalley County Ida•
ho;
arai
of each fund
ryteat shall
e
a.' its her by amend d as fog--9vMcCa11 Ciry Code,.app op ationsand tl tst and cred is be- "costs bf such ervices which musttbe approved •
,i 1 9=;9t DEPARiTMENTS DESIGNATED: longing thereto .: i by the Council+and adopted by resolution
AND, FFICERS NAND 'bEPARTMENT B to everyperson paying ; (F) The G"•1f and Parks Departmentshall be
' DUTIES LISTED BYr TFTLE ?Tfie City of. money unto the Treasurythereon specifying \ responsiblefolz the maintepance of,C ity parks,
`
McCall' deeiii it necessary for the efficientthe date of payment and:on what account paid the McCall lVIlinrcipal Golff Course ;and all
operation of the Cary to'create;the'following•and•also file copies•of such receipts With the buildings and all mprovements thereon and all
,, Departments ofrthe Citj! each to beadmws-� moiithiy reports F equipmt tit „r i ,) , x
leretl by a Departirient:Head r The Department ` 4'.At the end of each'and every month and ice; (G) Poliee,.gg f The Chief,ofPolice shal
Heads \appointedby. the City Mathe nager for ' asoften as may. be required i render anraccount be Chief of the police force nd all ru11 time or
Treasury Departmeijt are unless otherwise did i to the Council; under.oath, showing the state of reserve police; officers' shaILbeisbbordmate to
rectedbyCouncdatthettme,PoliceChiefand .� theTreasuryatthe date ofsuch 'accountarid the the Chief and:subject;to th�e;Cf ie S orders: t
Treasurer{ respectively,, e£cb ution confirms nc balae,of money in the Treasury; acid accom shall be the ;Chief s;d'u`ty�t >dca se the iiblic ,.
trout%y1Cotmci1gftheiappoiiAtmedt..r i , r j' panyspch accounts with a statement, of; all . peacetobepreservedandtoseethatall,lawsandi
4::Resl5onsille'Officerr; receipt§ and; disbursements togetfier, itt all provisions, of this Codeare egforcedtwirhinthe ,
�._ ,andDepartment tlead ;warrants redeemed and paid by the Treasurer Citylmits•Thre Chief, andithrough the chief,
Ait�ort Manager { sit } which,wairants with;;any and, all ivoucher5 the Polrcepepartmetie:ha);eihe espottsrbilitiis
Directoi efGblf and held. by the Treasurer,. shall be filed with the stated m Section 5 1 020'of this'Cade 3 f{ rt,`
rT' r ¢ Parks Operations' • y j L'accdunt' suierheiileetsorlfa is for the spacif the Trea-'e of ten Ib ` r art t ha 1 a dins n sierr r de enf cea ll
Pohce� Pphce Chief g P ( ) pn
Putihc Works' Priblic Worksbirector i days' from`theend of each and every month.to r ordinances rules and-regulafions:for.theopera i
Recreation- " . Recreation: Director k'render the accodnt, theoffice shallbe declared } tron and mazntenance of the McCall Municipal4',
Treasury�x Treasurer i vacant and the Council shall fill the vacancy Airport3aspromulgatedbytheMayprandcotint
>� i. r ��F b a ointment :.'•- > , f' cil,.and shall:do and rfo suchsotherduttes ''
The tights duties and' responsibilities of
c
�i Cit officer. and/orrde artment.ate 5. Keep a record of all outstanding bonds be that may fixed by resolution by he Council ";''
y , R P �against.the Cityshowingthe number, amount (Ord 659 3'0194 ,
r, _ r •.
1i z1 Duties and meetings The City Clerk, _ of each;.end to whom said bonds were issued Section,2: Section l 10 lY'i cCa11 Cit
y s�iall attend all meetings of the City Council; and.when any bonds, are purchased paid.or Code is amended as;fellows r. l
apdrlteeepxa true. rid accurate journal of; the canceled and record shall show the fact and :TEMPORARY CITY ADVISORY
tioweetlrngs of the Council in a book to belt ,1�, `6.qn the annual. report describe particu x COMMITTEES Pursuant toddaho Code sec , ;
urntstied by ttie City i , ' t <:' iarly the bonds issued and sold'during the year tion.,.50 210 ,the Cityfloft,McCaII ,deems,it.,,
2 Custodian,of Seal .The'CityClerk shall' and the terms'. of the sale with each and every necessaryorexpedienttotheefficientoperationy
oe ihe;keeiier of the Seal of the City and shall' • item of expense thereof.'. - of the City to have citizen adidsiorydommittees
affix it3 to all documents -'which by law are (C) City Attorney The City Attorney inclodmg, liar not Iimitedito ithose�named be
req ii dtdbe&attested wtththe Seat of the city: shall `Be a member m ood standm ofahe 1owAt� orto Comjn ee
3;"Custodian�vof Records ,Tlie,City Clerk
all_have the custody of�and shall safely keep, Idaho State Bar g gs ParAdvrs
kks Advisory Commrtieee:
l records documents contracts,bondsandall ,, 2; Be the legal advisor• of the municipal Recreation
c: Golf CourseAAdvdivs
rterpapersarid•insfrmensbeiongingto they corpoation :TrnsportationAdiosvryory oCryComoCromottmnl.
rmtteitte e
umil,dispodomaodwthlL50 907? theCityinacivil suits or
Itshaljibethe,Clerksdutytokeep,the orginal1 proedingnwhich' the City is interested; ti 'Building',Standards;Advi$or i, ommitteex
ordinances passed by the'Council,37te Clerk i l 4:'Attend all Council meetings ; The Council shall assign ddtiesand respoh- f
'rshall.attach to each copy of an ordinance thus a , 5: Report to the Council on legal and policy sibiliues to each of these committeesby motion made,a certificate signed by he Clerk"and matters' at their request and direction;.- of the C•ou•ncilndprovidefo`rthecolrimtttees s
attested with the Seal of the City:'to the effect 6. Prosecute those violations of County,or organizations Membersshall lie appomfed and;;
r, thatthe copy is'a true arid; correct copy of the City ordinances; State traffic infractions, and removed according to;the�procrYlur set• out m `
ordinance asjpa5sed i j fi . r �'l i •Statemisdemeanorscommitted•within the Mu n Sectio1 9 4 (Ord 659.040.94Y.4
i �; 4 Cemfied,insttvments Upon payment of nicipal limits; and in. so doing, shall exercise Section'3: This -ordinance shall' be• Pu'b-
the fees'therefore fixedtin=accord with resolu= the same powers as the County Prosecutor lishedonceintheofficialrfewspaperoftheCtty s
hoe of the Council the Clerk'shall furnish•any including; but not limited to granting• immu and shall take effect upon itspassage ,approval,!
personrec. iyngitli ierefore a Certified copy�of r t}ity to witnesses; and and publication ; r r ;, i , s, + 7gra aG
t my ordapp, ordinance .paper ordocumentain 7, Perform" such other duties; aimay "be DATED this;Stir, dayyof Februaily �2001
�� the Clerk s pos'session iasilsudh. Clerk except' prescribed bya ordinances and resolutions duly CITY OF„•McCall _,'' _r..a•
thoserecordsexemptbylawfromdisclosureor passed Valley County,Idahor
copying ;All fees shall be accourited,for anii ,S Nothing' hereinhowever shall preclude , : By Allan Muller Mayor, ,•
aidztotheTreasurer,ofrthe,City c �J L,..raheCityfront employingalternativeadditional ATTEST:,Cathleeri=A KochCityClerk
P o•
cessing•:public',records requests „rhe counsel when deemed advisable, suchaswhen a z See Title,VIII, Chapter 15 of lhis,dode
, CClerk+shall overseeitheir0cessingiof o n retail ulg bond'. counsel,' or when the City At-;: ;Section 5 1 020 oftfiis Code{reads The;
t records requests as requed byithe Idaho Pub y torneyretains other temporary assistance as Chief ofPoliee and through him and as directed
;t,het.Records Actgther Actu'Sections 9 335 to provided for in • the budget respecting that by hm the Police Department,"haskthe duty
9 350;1dahoCode,1and;provrdedl'ur'therpyrthe limitsimposedbytheresourCesafthe;
i,i suantto afee sc a Clerk act dby r a fees fof `''. (D) Pupblic Works Departmeent:;T'he Public i Department fo preservgeythe pubti (Teace and tp3
l the Council; h , g i Workspe artmentshallberes onsibleforthe see'thatalllawsandre ulationsof itle5ofthe;
„providingcopiesofsuch:publicrecirdand,a.S safe;and,effrcient operation and maintenance mbedoCityC•ode)andthe cnmrnallawswithin;
provided bythe Act,for the 4drnintwepve to& ;of the City's Water and` sewer, systems includ the Idaho Code rare, enforced within thet,City it
Llabor,costs of locating atidrpro idmg access,to ;,ing collection and. distribution networks and iWhenever any violation oftsuch•laws orr'regula ;.
jt` ndcopies;ofsuch records . r y }'i+- f+ treatment facilities, and the maintenance,,of Ti floes shall coe a tto he ttte ha caofethei
f5?General Duties 7,The Cleric shall dosed thef
. public streets, roads and alleys and City bepartmentorb r p rte r..its i1
perform such.other duties as maybe required airport , requisite investigation and report to be rnade
1 Kfrotnaime to timeb older of the Council or as (E) Recreation Department .The Recre and shall when m the judgmentof the Chief if•
is
tip scribed in T tie 5o Td'aljo Code' + orlon` Department . shall be 'responsible for , merited, seek prosecution byt ieCrty+or,County
,1,3(1)'City�Tre surer The Treasurer shall:; .`creating. andmaintalningarecreationprogram § Prosecutor as' may,be,approppate
�y 1 Be custodian of allinoneybelongmg to meeting the needs•of`the resident and tourist 1 r ',3,SeetTitle VIII Chapter,1.6..oflthis Coder.
-'.
rhP,�� _ r�..' :, , . population of the community: • To•those ends, l tc2/8