City Auditor - City Recorder - Council Ordinance - 181483 Office of Management and Finance amend PCC 3.15, 5.04, 5.20 exhibit A

Exhibit A

Chapter 3.15 Office of Management and Finance

3.15.010 Organization.

A. The Office of Management and Finance shall be under the direction and control of the Chief Administrative Officer (CAO) and shall include such other employees as Council may provide. The Office of Management and Finance is responsible for providing and coordinating administrative services of the City in support of the operational needs of City bureaus, and other duties as assigned. Administrative services include all those functions that provide products, services and support to City employees and programs that in turn provide direct services to the public. These services include, but are not limited to, the following: accounting, debt management, treasury management, budgeting, financial planning, payroll, grant administration, license and fee collection, risk management, facilities and property management, fleet management, human resources and personnel services including employee training and education, technology services, printing and distribution, and purchasing.

B. The Office of Management and Finance consists of the Business Operations Division, which includes the divisions of CityFleet, Facilities, Financial and Management Services, Printing and Distribution, and Risk Management, as well as the bureaus of Financial Services, Human Resources, Purchases, Revenue and Technology Services.

C. The CAO shall be responsible for the overall coordination of the administrative services functions of the City. The CAO shall be authorized to:

1. Formulate, approve and issue administrative rules and systems for providing City administrative services.

2. Implement and monitor administrative rules and systems for providing City administrative services.

3. Determine if any administrative service should be provided by City staff or outside vendors. Bureaus shall use the services of the Office of Management and Finance unless otherwise authorized by the CAO or directed by the City Council.

4. Recommend alternatives to Council for providing administrative services.

5. At Council direction, provide administrative services to any other governmental or private agency.

D. The CAO’s duties include, but are not limited to:

1. Evaluate the delivery of City administrative services; initiate improvements; and periodically report to Council on services and initiatives.

2. Serve and perform the duties of the City’s budget officer as defined in Oregon Revised Statutes, or name a designee to perform these duties.

3. Provide the City Council with an annual workplan to improve city administrative services. The CAO will periodically meet with City Council to report on efforts to continually evaluate and improve all city administrative services, including those contained in the annual workplan.

3.15.020 Business Operations Division.

A. The Business Operations Division shall be supervised by a Manager who shall report to the CAO. The Business Operations Division consists of CityFleet, Facilities, Financial and Management Services, Printing and Distribution, and Risk Management. The Business Operations Division is responsible for budget and financial services for the Office of Management and Finance; facilities, fleet, printing and risk management services for the City; and any other duties assigned by the CAO. The Business Operations Division shall be responsible for the CityFleet Operating Fund (PCC 5.04.180), the Facilities Services Operating Fund (PCC 5.04.185), the Printing and Distribution Services Operating Fund (PCC 5.04.200), the Insurance and Claims Operating Fund (PCC 5.04.230), the Worker’s Compensation Self Insurance Operating Fund (PCC 5.04.240) and other assigned funds.

B. The Business Operations Division Manager shall be authorized to:

1. Determine the City’s equipment or leasing needs and methods of financing.

2. Execute real property agreements including, but not limited to, easements, permits, licenses and leases, and amendments or renewals of such real property agreements. The Commissioner in Charge of the Office of Management and Finance is authorized to request the City Attorney to proceed in court as necessary to enforce the provisions of any agreement authorized by this section.

3. Coordinate advance payments for building rentals. In cases where building space has been or shall be rented by the City on lease or on a month to month basis and the owner requires advance payment of rentals or a security deposit, the Auditor hereby is authorized to audit and allow such advance payment of rentals or security deposit, and the Mayor and Auditor are hereby authorized to sign and deliver checks in payment thereof, provided that advance payments of rentals shall be for a period of not to exceed 31 days.

4. Develop and enforce Rules of Conduct for City Parking Garages and City Buildings, and require all persons to obey the Rules of Conduct. City Parking Garages include any publicly or privately owned real property, and the buildings, structures and facilities thereon, placed under the jurisdiction of the City for parking garage purposes, and includes all land granted to the City for such purposes. City Buildings includes all real properties placed under the facilities management of the Office of Management and Finance. Any person who fails to comply with the Rules of Conduct for City Parking Garages or City Buildings, or the reasonable direction of the Person in Charge, may be excluded as provided in this Section.

a. Person in Charge is defined in ORS 164.205(5) and includes, but is not limited to, any of the following while acting in the scope of employment, agency or duty:

(1) Any peace officer as defined by Oregon law and any reserve officer of the Portland Police Bureau;

(2) Any person providing security services in any City Building or City Parking Garage pursuant to any contract with the City, or with any person, firm or corporation managing City parking garages or City leased properties on the City’s behalf; or,

(3) Any person specifically designated in writing as the Person in Charge by the Commissioner in Charge of the Office of Management and Finance or by the Business Operations Division Manager.

b. City Parking Garage Exclusions. Any Person in Charge may exclude any person who violates any Rule of Conduct while in or upon any City Parking Garage, from all City Parking Garages for a period of 180 days.

(1) The notice of exclusion shall be in writing, given to the person excluded and signed by the Person in Charge. It shall specify the dates and places of exclusion. It shall contain a warning of consequences for failure to comply with the notice of exclusion and information concerning the right to appeal the exclusion.

(2) A person receiving a notice of exclusion may appeal, in writing, to the Code Hearings Officer in accordance with the provisions of Title 22 of the Code to have the notice of exclusion rescinded. Notwithstanding the provisions of Title 22, the appeal to the Code Hearings Officer shall be filed within 5 days of issuance of the notice of exclusion, unless extended by the Code Hearings Officer for good cause shown. The sworn statement of the Person in Charge who issued the notice of exclusion shall be used as evidence on appeal, unless the appellant requests, in writing, the presence of the Person in Charge at the appeal hearing.

c. City Building Exclusions. Any Person in Charge may exclude any person who violates any Rule of Conduct while in or upon any City building or property, from a specific City building or property or from all City buildings and properties, for a period of 24 hours. The Mayor, and specifically identified designees of the Mayor, may issue an exclusion for any period of time up to and including permanent exclusion from City buildings.

C. CityFleet shall be supervised by a Fleet Manager who shall report to the Business Operations Division Manager. CityFleet is responsible for managing all City vehicles and equipment, owned leased or rented by the City. The Fleet Manager shall provide fleet management services as required by the CAO including, but not limited to:

1. Maintain an inventory of all city-owned, leased, or rented motorized vehicles and equipment, licensed trailers, and wheel-mounted equipment. This does not include fire fighting apparatus.

2. Operate the City’s maintenance and repair facilities now existing or in the future established for maintenance or repair of the above described fleet equipment.

3. Assist with identifying City vehicle and equipment needs.

4. Manage the assignment of fleet vehicles and equipment.

5. Assist in the development of fuel and resource conservation plans.

6. In cooperation with the Bureau of Purchases, purchase, lease or rent vehicles and equipment as defined above.

D. Facilities Services shall be supervised by a Facilities Manager who shall report to the Business Operations Division Manager. The Facilities Manager shall provide facilities management services as required by the CAO including, but not limited to:

1. Provide property management services for the inventory and rental of city-owned real property. Provide property management services for the purchase, sale and replacement of city-owned real property.

2. Provide facilities maintenance services, including but not limited to, maintenance and repair of City buildings and their related equipment; and the administration of janitorial, maintenance and security contracts.

3. Provide architectural services including but not limited to architectural design, facilities and space planning, and project management of City capital projects.

E. Financial and Management Services shall be supervised by the Business Operations Division Manager who shall report to the CAO. Financial and Management Services is responsible for the budget and financial services for all bureaus and divisions in the Office of Management and Finance.

F. Printing and Distribution shall be supervised by a Manager who shall report to the Business Operations Division Manager. Printing and Distribution is responsible for managing all reproduction, mail, distribution and copy services used by the City, and shall be responsible for the equipment needed to provide these services. The Printing and Distribution Manager shall provide printing and distribution management services as required by the CAO including, but not limited to:

1. Provide rapid, convenient reproduction, distribution and mail services, and provide advice and consultation on these services.

2. In cooperation with the Bureau of Purchases, review and approve requests for the lease or purchase of office copiers/printers.

3. Manage the processing of U.S. mail and pick up and delivery of interoffice mail, packages and equipment.

G. Risk Management shall be supervised by a Risk Manager who shall report to the Business Operations Division Manager. Risk Management is responsible for administering, coordinating and controlling all activities related to commercial and self-insurance including, but not limited to: property and casualty insurance, workers’ compensation insurance, liability insurance and the City’s right to subrogation on these insurance programs. Risk Management shall obtain a public liability insurance policy or provide the necessary funding through a self-insurance program protecting the City, its officers, agents and employees with limits of not less than the maximum statutory limits of liability imposed on municipalities of the State of Oregon. Risk Management shall monitor and coordinate a citywide loss prevention and control program to minimize potential property, liability, fidelity and personnel losses. Risk Management shall maintain records relating to commercial and self-insurance losses or claims filed against the City. It shall execute any claim or proof of loss for damage to City property.

1. The Risk Manager is hereby delegated authority to evaluate and approve applications for self-insurance programs in lieu of commercial insurance requirements in any City agreement including, but not limited to, contracts and permits. Upon approval of a self-insurance program, the insurance coverage obligation in the City agreement shall be automatically amended without further action by the Council, subject to the approved form being filed with the City Auditor or such other bureau as may be charged with keeping the records.

2. The Risk Manager is authorized to act on behalf of the City on all matters related to workers’ compensation including, but not limited to: accept, deny or defer claims; authorize payments of workers’ compensation benefits in the amounts required by law relating to workers’ compensation claims filed with the City; and, subject to the provisions of the City Charter governing settlements, enter into settlements of workers’ compensation claims whether it be on a disputed claims disposition agreement or disputed claim settlement basis. Workers’ compensation insurance shall be administered in accordance with the laws for the State of Oregon and shall be on a self insurance basis. The City Attorney may represent the City on workers’ compensation matters, including litigation or settlement of claims. The City Attorney shall approval all settlements as to form.

3. Subject to the provisions of City Charter governing settlements, the Risk Manager is authorized to act on behalf of the City of Portland in the settlement of tort claims and court actions alleging employment discrimination and violations of civil rights, subject to concurrence of the Bureau of Human Resources Director.

4. The Risk Manager is authorized to investigate complaints of discrimination filed with the Civil Rights Division of the Oregon Bureau of Labor and Industries, or the Equal Employment Opportunity Commission. During the investigation of complaints filed, the Risk Manager or designee shall be an agent of the Office of the City Attorney for purposes of representing the City. The Risk Manager is authorized to settle such complaints subject to the following provisions.

a. Subject to PCC Section 3.15.040, the Risk Manager may make settlements in an amount not exceeding $5,000 and shall file a report with the Council two weeks after the end of each month with respect to the settlements entered into pursuant to this subsection.

b. Where a settlement agreement provides for payment of a claim in an amount in excess of $5,000, the settlement must be approved by City Council.

5. The Risk Manager is authorized to investigate and enter into settlements on fair and moral claims which are not covered by insurance.

3.15.030 Bureau of Financial Services.

A. The Bureau of Financial Services shall be under the direction and control of the Office of Management and Finance. The Bureau of Financial Services shall be supervised by a Director, who shall be the Chief Financial Officer (CFO) of the City, and who shall report to the Chief Administrative Officer (CAO). The responsibilities of the Bureau of Financial Services shall include public finance and treasury management, debt management, financial planning (including budget development and monitoring), accounting, grants management, pension oversight and other services or responsibilities the Council or the CAO may assign. The Bureau of Financial Services shall be responsible for assigned grant funds.

B. The Accounting Division shall be supervised by a Controller who reports to the CFO and shall have specific authority to:

1. Establish, maintain and enforce citywide accounting policies, practices, rules and regulations. The Controller shall be the final authority for interpretations of accounting and financial reporting policies and practices.

2. Authorize reports that disclose the fiscal condition of the City to external users including the Comprehensive Annual Financial Report (CAFR), the Single Audit Report, and other reports required by federal, state and local regulations.

3. Conduct or contract with public accounting firms to conduct financial and compliance audits and other tests to determine compliance with citywide accounting and financial reporting policies and current professional standards and adequacy of internal controls over accounting transactions, the cost of which shall be paid by the bureau being audited.

C. The Financial Planning Division shall be supervised by a Manager who shall report to the CFO. The Financial Planning Division is responsible to coordinate development of the City’s budget, monitor expenditures and revenues, provide fiduciary oversight of the General Fund, administer grants and perform other duties as assigned.

D. The Debt Management Division shall be supervised by the Debt Manager who shall report to the CFO. The Debt Management Division is responsible to manage long- and short-term capital financing programs and to perform other duties as assigned.

E. The Treasury Division shall be supervised by the City Treasurer who shall report to the CFO. The Treasury Division shall have those authorities and responsibilities as described in PCC Chapter 3.08.

3.15.040 Bureau of Human Resources.

A. The Bureau of Human Resources shall be under the direction and control of the Office of Management and Finance. The Bureau of Human Resources shall be supervised by a Director who shall report to the Chief Administrative Officer (CAO). The responsibilities of the Bureau of Human Resources shall include coordination and control of the administrative and technical activities relating to maintenance of a comprehensive human resources system for the City, including employee relations, labor negotiations, training, employment services, classification, compensation, affirmative action and diversity development, workforce development and employee benefits. The Bureau of Human Resources shall be responsible for the health benefit plan administration including the Health Insurance Fund and the Portland Police Association Health Insurance Fund.

B. The Director of Human Resources shall formulate, administer and monitor administrative rules approved by the Council, or the CAO, including provisions for:

1. Recruitment, examination, certification and appointment on the basis of applicants' knowledge, skills and abilities.

2. Classification and compensation.

3. Employee behavior and expectations.

4. Disciplinary guidelines with notice to employees of prohibited practices.

5. Employee training and development.

C. In accordance with Oregon law, the Director of the Bureau of Human Resources or designee, on behalf of the Council, may enter into agreements with labor organizations, recognizing their exclusive representation of specified classifications within City service.

D. Dispute Resolution.

1. The Human Resources Director or designee(s) is the official interpreter for the City pertaining to its collective bargaining agreements and any other written compensation and benefits plans and personnel policies established by the Council.

2. The Commissioner in Charge of a bureau shall retain the right to hear individual grievances and or concerns on a case by case basis. In settling such grievances and or concerns, the Commissioner in Charge shall do so with the advice and consent of the City Attorney and the Human Resources Director.

3. If the Commissioner in Charge of a bureau does not retain jurisdiction of a grievance and or a concern within one week of receiving the issues, then the Human Resources Director shall automatically have jurisdiction to settle the issue.

4. Provision for resolution of disputes is as follows:

a. Within one (1) day following the filing of a written grievance under a collective bargaining agreement, or other written personnel policy adopted by Council, the bureau or department recipient of the grievance shall provide a copy to the Human Resources Director of the written grievance or other appeals document. During the investigation of grievances the Human Resources Director or designee(s) shall be an agent of the Office of the City Attorney for purposes of representing the City.

b. Where a grievance or complaint by a nonrepresented employee or settlement thereof would require payment of a claim for wages or other monetary benefit, the supervisor, division manager or bureau director responding to the grievance shall confer with the Human Resources Director or designee before any promise is made to accept or adjust the claim in settlement.

c. Where the claim is for wages or other monetary benefit not exceeding $5,000 per claimant, the supervisor, division manager or bureau director, with the approval of the Commissioner in Charge of the bureau and of the Human Resources Director, may accept or adjust the claim in settlement on behalf of the City, where settlement is deemed prudent and appropriate, provided that:

(1) The Human Resources Director authorizes the settlement in writing and gives written notice to the payroll division or to the benefits program manager involved to draw and issue a check not exceeding $5,000 per claim for the settlement expense, charged to the appropriate center code, account number or fund;

(2) Payments which are an exception to Section 5.08.020 of the Code, which requires payroll checks to be drawn only for services rendered, shall be made only when the Human Resources Director determines such payment to be in the best interests of the City and the Office of the City Attorney approves. This Section shall be narrowly applied.

(3) The Office of the City Attorney reviews and approves the settlement agreement as being not in conflict with State or Federal laws, applicable ordinances and collective bargaining agreements pertaining to conditions of employment.

d. Where a settlement agreement provides for payment of claims for back wages or other monetary benefit in an amount exceeding $5,000, the settlement shall not be authorized or enforceable unless approved by the City Council by ordinance.

e. The Human Resources Director or designee is authorized to investigate complaints and reports of employment discrimination, in accordance with the Risk Management Section 3.15.020 where applicable. During the investigation of reports, the Human Resources Director or designee shall be an agent of the Office of the City Attorney for purposes of representing the City.

f. The Human Resources Director will file a report to Council two (2) weeks after the end of each month with respect to the settlements entered into pursuant to this section.

E. The Director of the Bureau of Human Resources shall establish objectives for the Bureau of Human Resources and develop a plan for accomplishing these objectives and carrying out the mission of the Bureau of Human Resources.

F. The Human Resources Director shall design, manage and administer a comprehensive and competitive Classification Plan and Compensation Plan. The Council shall fix the salaries of all officers, agents and employees of the City.

G. The Director of the Bureau of Human Resources and the Benefits Manager shall design, manage and administer a comprehensive, competitive and compliant benefits package, as approved by the Council, including provisions for:

1. Medical, dental and vision coverage;

2. Dependent Care Assistance Plan;

3. Medical Expense Reimbursement Plan;

4. Life Insurance;

5. Long-Term Disability; and

6. Employee Assistance Program.

Such provisions shall include employee participation eligibility and enrollment, claims management, procedures for record keeping and responsibility for all applicable reporting and disclosure requirements.

3.15.050 Bureau of Purchases.

A. The Bureau of Purchases shall be under the direction and control of the Office of Management and Finance. The Bureau of Purchases shall be supervised by a Director, who shall be the Purchasing Agent of the City, and who shall report to the Chief Administrative Officer. The Bureau shall be responsible for procurement and contractor development. The Purchasing Director shall be responsible for the functions of the Purchasing Agent under the Charter or general law and shall act as Purchasing Agent in all matters requiring action or signature of the Purchasing Agent. The Purchasing Agent shall have those authorities and responsibilities as described in PCC Section 5.33.040.

3.15.060 Revenue Bureau.

A. The Revenue Bureau shall be under the direction and control of the Office of Management and Finance. The Revenue Bureau shall be supervised by a Director who shall report to the Chief Administrative Officer. The Revenue Bureau consists of the divisions of Business Solutions, License and Tax, and Operations. The Revenue Bureau is responsible for collecting a wide variety of City revenues and fees, and maintaining and improving the systems that collect them. The responsibilities of the Bureau shall include, but are not limited to:

1. Manage all billing and collection software used by the Revenue Bureau including, but not limited to, maintenance, defect troubleshooting, problem resolution, development, enhancements and upgrades.

2. Support end users in diagnosing and resolving system problems.

3. Conduct business and system process improvements.

4. Manage, enforce and collect business license taxes.

5. Manage, enforce and collect transient lodging taxes.

6. Manage and enforce all regulatory programs formerly the responsibility of the Bureau of Licenses, including the authority to enact administrative rules and regulations.

7. Manage and collect assessments and liens formerly the responsibility of the Auditor’s Office.

8. Perform business management functions including mail processing, receipting and distribution; and perform overall financial accounting of bureau revenues.

9. Audit functions including the Portland area business license tax returns, transient lodging taxes and internal systems and processes, as well as other special audits as deemed necessary.

10. In consultation with the requesting bureau, recommend systems for new revenue or fee collection services.

11. Manage funds as assigned.

D. To the extent any other provision of the Portland City Code conflicts with this section 3.15.060, this section shall control.

3.15.070 Bureau of Technology Services.

A. The Bureau of Technology Services shall be under the direction and control of the Office of Management and Finance. The Bureau of Technology Services shall be supervised by a Director, who shall be the Chief Technology Officer (CTO) of the City, and who shall report to the Chief Administrative Officer. The Bureau shall be responsible for the Technology Services Fund (PCC 5.04.500). The CTO shall have specific authority to:

1. Enter into nondisclosure agreements between the City and prospective vendors in order for Bureau employees to review proprietary information on products and technologies that are, or might be, considered for use by the City. A nondisclosure agreement is one that prohibits the release of proprietary or confidential information, whether held by the City or the vendor, and does not include any monetary consideration.

2. In consultation with the bureau that is the custodian of record, enter into data grant agreements between the City and grantees in order for Bureau employees to share City Geographical Information Systems data. A data grant agreement is one in which the City will grant the use of pertinent GIS data to agencies, organizations or individuals (grantees) for research projects or projects performed under contract with the City. Data grant agreements may include direct cost reimbursements to the City.

B. The Bureau shall manage, establish policies and standards, and provide technical support for all city-owned information technology systems. It shall:

1. Provide Information Technology (IT) strategic planning and IT consulting services, including budget preparation and analysis, system planning and procurement, resource allocation and project management for large information technology projects.

2. Design, implement and manage all IT hardware and software including system security measures.

3. Manage all citywide radio, video, data communications, microwave, wireless communications and telephone systems and equipment owned by the City.

4. Design, implement and manage all citywide voice, video and data applications.

5. Manage IT end user support services, including Help Desk and Desktop Support services.

6. Manage citywide Geographic Information Systems.

7. Provide all Internet and Intranet services to City bureaus, offices, boards and commissions.

8. In cooperation with the Bureau of Purchases, review and approve the purchase of all information technology software, hardware and professional consulting services, radio, video, data communication and telephone equipment.

9. Provide citywide communications and electronic consulting for system planning and procurement, written estimates to City bureaus to assist in budgeting, and project management on large systems.

10. Provide all telephone services to City bureaus; coordinate with telephone vendors; order new facilities and equipment for city-owned or leased systems; plan telephone systems; and resolve all telephone problems.