HomeMy WebLinkAboutord1993-0421VMTrvOM COUNTY COUNCIL AGENDA BILL NO. 93 -173
CLEARANCES
Initial
Date
Date Received in Counci O e:
Agenda date
Assigned to:
Originator. Executive
Il�
'j 5 1993
i, M COUNT
.,
t l
5/11/93
Council Introduction
;ion Head:
liept. Head:
5/25/93
Finance /Council
6/8/93
Finance /Council
Prosecutor.
7/13/93
Council
Purchasing/Budget:
Executive:
5
q3
SUBJECT: V
Reorganization of Whatcom County government through repeal and amendment of certain sections of the
Whatcom County Code. and creation of a new Administrative Services Department.
ATTACHMENTS:
Ordinance
Exhibits
Backup paperwork
Please complete sections of box as appropriate & explain the item below.
Related County contract #:
Should Clerk schedule a hearing? NO X YES Requested date:
Amount budgeted for this item /project: $
Is it or will it be within budget? YES NO Please explain below
Budget line item number(s):
ST ri f"y STATEMENT-
The ordinance amends the Whatcom County Code to consolidate and centralize County financial, accounting,
budgetary, information, purchasing, personnel, and building maintenance and building facilities planning and
development.
Details on ordinance amendments to the Code are outlined in.the attached backup paperwork.
ORIGINATOR'S RECOMMENDED ACTION.-
Pass
COMMITTEE ACTION TAKEN.•
COUNCIL ACTION TAKEN.-
5/11/93: Introduction
5/25/93: Held in Finance & Personnel Committee
1g/93- Council discussion
13/9: Council adopted the ordinance with amendments
Related File Numbers: Ordinance or Resolution Number (this item only): Ord 93 -042
SPONSORED BY:
Consent
PROPOSED BY: Executive
INTRODUCTION DATE: 5/11/93
1 ORDINANCE NO. 93 -042
2 REORGANIZATION OF WHATCOM COUNTY GOVERNMENT
3 THROUGH REPEAL AND AMENDMENT OF CERTAIN SECTIONS OF THE
4 WHATCOM COUNTY CODE AND CREATION OF A NEW ADMINISTRATIVE
5 SERVICES DEPARTMENT
6
7 WHEREAS, the Council finds that existing County departmental structure should be
8 changed in such a manner that would accomplish the following goals:
9
10 1. Provide a comprehensive integrated financial management system for all
11 activities of County government; and,
12 2. Consolidate and centralize County financial, accounting, budgetary,
13 information, purchasing, personnel, building maintenance and the planning
14 and development of building facilities; and,
15 3. Provide a centralized management reporting system; and,
16 4. Promote efficient and effective management; and,
17 5. Provide a cohesive management structure that matches authority and
18 responsibility with accountability; and,
9 6. Clarify organizational. unit responsibilities; and,
.l 7. Establish an internal audit function independent of both the operating and
21 accounting departments; and,
22 8. Ensure internal controls are incorporated into financial management system
23 policies and procedures; and,
24 9. Ensure the development and maintenance of standardized written policies
25 and procedures for internal services; and,
26 10. Facilitate provision of training for financial management system users.
27
28 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the
29 following changes to the Whatcom County Code are hereby adopted:
30
31 Ordinance 93 -003 REORGANIZATION OF WHATCOM COUNTY
32 GOVERNMENT THROUGH REPEAL OF CERTAIN EXISTING
33 DEPARTMENTS, CREATION OF NEW DEPARTMENTS, AND
34 ESTABLISHMENT OF FUND AND COMMISSION, and Attachment A, B & C
35 to ordinance 93 -003 are hereby amended as of January 1, 1994 as detailed in Exhibit
36 A to this ordinance.
37
Page 1
May 25, 1993
Substitute Ordinance
1 BE IT FURTHER ORDAINED, that the Whatcom County Code be further
2 amended as follows:
3
4 Chapter 2.11 Information Center is repealed in its entirety as of January 1, 1994 and
5 is replaced within the new Chapter 2.76 Administrative Services Department, as
6 detailed in Exhibit C to this ordinance.
7
8 Chapter 2.60 Vacations is repealed in its entirety as of January 1, 1994 and is
9 replaced within the Whatcom County Employee's Personnel Handbook.
10
11 Chapter 2.62 Sick Leave is repealed in its entirety as of January 1, 1994 and is
12 replaced within the Whatcom County Employee's Personnel Handbook.
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14 Chapter 2.63 Draw Days is repealed in its entirety as of January 1, 1994 and is
15 replaced within the Whatcom County Administrative Policies and Procedures
16 Handbook.
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18 Chapter 2.64 Employees -- Miscellaneous Provisions is repealed in its entirety as of
19 January 1, 1994 and is replaced within the Whatcom County Employee's Personnel
20 Handbook.
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22 Chapter 2.70 Affirmative Action Plan and Program for Equal Opportunity is repealed
23 in its entirety as of January 1, 1994 and is replaced within the Whatcom County
24 Employee's Personnel Handbook.
,5
26
Chapter 3.04 Budgeting is repealed in its entirety as of July 1, 1994 and is replaced
27
within the new Chapter 302 Financial Management System, as detailed in Exhibit
28
E to this ordinance.
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30
Chapter 3.08 Purchasing Department is repealed in its entirety as of January 1, 1994
31
and is replaced within the new Chapter 3.08 Purchasing System, as detailed in Exhibit
32
H to this ordinance.
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Chapter 3.12 Claims Procedures is repealed in its entirety as of July 1, 1994 and is
35
replaced within the new Chapter 3.02 Financial Management System, as detailed in
36
Exhibit. E to this ordinance .and within the new Chapter 3.05 Tort and Damage
37
Claims, as detailed in Exhibit F to this ordinance.
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Page 2
May 25, 1993
Substitute Ordinance
BE IT FURTHER ORDAINED, that the Whatcom County Code be further
amended as follows:
Chapter 2.57 Personnel System is amended as of January 1, 1994, as detailed in
Exhibit B to this ordinance.
Chapter 2.76 Administrative Services Department is hereby established as of January
1, 1994 as detailed in Exhibit C to this ordinance.
Chapter 2.55 Bonds is hereby amended as of January 1, 1994 as detailed in Exhibit
D to this ordinance.
Chapter 3.02 Financial Management System is hereby established as of July 1, 1994,
as detailed in Exhibit E to this ordinance, provided that the proposed Whatcom
County Charter amendment which clarifies the Whatcom County Auditor's and
Treasurer's responsibilities is passed by the voters of Whatcom County.
Chapter 3.05 Tort and Damage Claims is hereby established as of July 1, 1994 as
detailed in Exhibit F to this ordinance.
Chapter 3.09 Internal Audit System is hereby established as of July 1, 1994 as
detailed in Exhibit G to this ordinance.
Chapter 3.08 Purchasing System is hereby established as of January 1, 1994 as
detailed in Exhibit H to this ordinance.
BE IT FURTHER ORDAINED, that in implementing the requirements of this
ordinance the County Executive shall transfer existing employees and positions to the newly
established department wherever possible and appropriate without loss of pay or benefits
or requirement for competitive job posting;
BE IT FURTHER ORDAINED, that on January 1, 1994 all files, records,
documents, equipment and furniture from affected departments or divisions will be
transferred to the new Administrative Services Department. All current and applicable files,
records, documents, equipment and furniture pertaining to the Financial Management
System will be transferred to the new Administrative Services Department as of July 1, 1994.
BE IT FURTHER ORDAINED, that the County Executive shall perform such
transition steps necessary for the orderly implementation of the requirements of this
ordinance.
Page 3
May 25, 1993
Substitute Ordinance
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BE IT FURTHER ORDAINED, that on January 1, 1994 all contracts, agreements,
rights, claims, and obligations, either in favor of or against the Information Services
Department, Personnel Department, Purchasing Department or the Building Maintenance
Division of the Public Works Department, at the time the ordinance takes effect, shall
continue in full force and effect, and responsibility therefor shall be transferred to the newly
created Administrative Services Department.
BE IT FINALLY ORDAINED, that if any portion of this ordinance is found to be
unlawful, all remaining portions shall remain in effect.
ADOPTED this 13th day of July , 1993.
WHATCOM COUNTY COUNCIL
A ST: WHATCOM COUNTY, WASHINGTON
Council Clerk
APPROVED AS TO FORM:
ivil Deputy osecutor
Page 4
May 25, 1993
Substitute Ordinance
Margaret . Laidlaw, Chair
(4 Approved ( ) Denied
aa'L' � 6�" &t�
Shirley Van Zadlten, Execi6i4e
Date:
EXHIBIT A
4
5 ORDINANCE NO. 93 -003
6
7 REORGANIZATION OF WHATCOM COUNTY GOVERNMENT THROUGH
8 REPEAL OF CERTAIN EXISTING DEPARTMENTS, CREATION OF NEW
9 DEPARTMENTS, AND ESTABLISHMENT OF FUND AND COMMISSION
10
11
12. Chapter 2.32 Planning Department is repealed in its entirety effective Neaoeffi;7er- 1, 1993
13 i`r and is .replaced with a new Chapter 2.32 Planning and Development
.14 Services Department, as detailed in Attachment A to this ordinance;
15
16 Chapter 2.74 Equipment Rental Division is repealed in its entirety effective N efftbe'-
17 4993 TalrT;94;
18 :...
19 Chapter 2.77 Public Works Department is repealed in its entirety effective Nevefnbef I
20 X93 7uA194;
21
22 Chapter 2.75 N ain ee-a+vd- Transportation Services Department is hereby created as
23 detailed in Attachment B to this ordinance;
x-- Chapter 2.10 Rental and Revolving Fund is established as detailed in Attachment C to this
26 ordinance;
27
28 Chapter 2.31.Planning Commission is hereby re- established as detailed in Attachment D to
29 this ordinance effective Nevembef -11}3 Tanuar 1 `7:99:4;
31 Chapter 2.03 Boards and Commissions is amended as detailed in Attachment E to this
32 ordinance;
33
34 Chapter 2.04 Fire Marshal is amended as detailed in Attachment F to this ordinance
35 effective Neves° , 1993 1kI '94;
37 BE IT FURTHER ORDAINED, that in implementing the requirements of this
38 ordinance the County Executive shall:
39
40 Perform such transition steps as necessary for the orderly implementation of
41 this ordinance;
42
Page 5
May 25, 1993
Substitute Ordinance
a
EXHIBIT A con't
3 Transfer existing employees and positions to newly established departments
4 wherever possible and appropriate without loss of pay or benefits or
5 requirement for competitive job posting;
6
7 Appoint, within 10 months of the adoption date, permanent department heads
8 to be submitted for Council . confirmation, provided the Executive may
9 immediately bring forward existing employees for appointment and
10 confirmation to these newly created department head positions without need
11 for competitive posting;
12
13 Develop position allocations in these newly created departments using a target
14 ratio of no less than ten (10) employees for each non- bargaining unit manager
15 or supervisory employee, computed on an overall basis for the department;
16
17 Submit to the Council by June 30, 1993 ordinances that may be necessary to
18 effect changes in authorized positions, appropriations, and other
19 modifications of the county code necessary to reflect the new departments and
20 their duties;
21
22 Develop appropriate position descriptions and salary schedules for newly-
created positions.
_ r
25 BE IT FINALLY ORDAINED, that if any portion of this ordinance is found to be
26 unlawful, all remaining portions shall remain in effe.ct. All rights, contracts, agreements,
27 claims and obligations shall remain and be continued without interruption through successor
28 departments as appropriate.
29
Page 6
May 25, 1993
Substitute Ordinance
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EXHIBIT A con't
ATTACHMENT A to ORDINANCE 93 -003
Chapter 2.32
Planning and Development Services Department
Sections
2.32.010 Department established.
2.32.020 Director appointment.
2.32.030 Duties.
2.32.090 Severability.
2.32.010 Department established. There is hereby established an administrative
department called the Planning and Development Services department Nevember-
1, 1, 1993 7nuar' x;::::1994: provided that the County Executive may take preliminary and
transitional steps necessary for the formation of the department and implementation of this
chapter.
2.32.020 Director appointment. A. There shall be appointed a director of the
Planning and Development Services department whose duties shall include management
oversight and administration of all department activities. The director shall be appointed
by the County Executive, subject to confirmation by a majority of the County Council. The
director shall be appointed for an indefinite period and serve at the will of the County
Executive.
B. It is the responsibility of the director to hire department staff in accordance with
the personnel policies" and procedures of the County, and any other applicable laws and
regulations.
2.32.030 Duties. A. The Planning and Development Services department shall
be responsible for the planning, implementation and enforcement of laws and regulations
related to zoning, land use; development, solid waste, water resources, construction, fire
safety, growth management, surface and sub - surface mining, forestry, and other
environmental regulations as may be enacted. The department shall operate in conjunction
with the County Planning Commission.
B. The director, or subordinate or subordinates designated by the director, shall
serve as the chief building official, chief land use administrator, -chief shorelines
administrator, fire marshal, and as any other official responsible for administration of
ordinances of the state and county that fall under the purview of this department.
2.32.090 Severability. If any portion of this chapter shall be found to 'be
unlawful, all remaining portions shall remain in effect.
Page 7
May 25, 1993
Substitute Ordinance
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EXHIBIT A con't
ATTACHMENT B To ORDINANCE 93 -003
Chapter 2.75
Maifitenanee fffld Transportation Services Department
Sections
2.75.010 Department established.
2.75.020 Director appointment.
2.75.030 Duties.
2.75.090 Severability.
2.75.010 Department established. There is hereby established an administrative
department called the Maintenane6 and Transportation Services department effective
Nevefnbe —r193 January 1 4: provided. that the County Executive may take
preliminary and transitional steps necessary for the formation of the department and
implementation of this chapter.
235.020 Director appointment. A. There shall be appointed a director of the
lay intenanee --a-nd Transportation Services department whose duties shall include
management oversight and administration of all department activities. The director shall
be appointed by the County Executive, subject to confirmation by a majority of the County
Council. The director shall be appointed for an indefinite period and serve at the will of
the County Executive.
B. It is the responsibility of the director to hire department staff in accordance with
the personnel policies and procedures of the County, and any other applicable laws and
regulations.
2.75.030 Duties. A. The 1„r•.imen•,flee afid Transportation Services department
shall be responsible for the planning, engineering, construction, and maintenance of roads,
ferries, paths, trails, bridges, pits, quarries, and other methods, structures, and appurtenances
relating to transportation systems within the County. In_ addition the department will be
responsible for design, repair, construction and maintenance of boil diflgs, faeilities, vehicles
and related equipment, along with river improvement, dikes and other civil engineering
projects as directed.
B. The director, or subordinate or subordinates designated by the director, shall
serve as the County Engineer and as any other official responsible for administration of
ordinances of the state and county that fall under the purview of this department.
2.75.090 Severability. If any portion of this chapter shall be found to be
unlawful, all remaining portions shall remain in effect.
Page 8
May 25, 1993
Substitute Ordinance
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EXHIBIT A con't
ATTACHMENT C To ORDINANCE 93 -003
Chapter 2.10
Rental and Revolving Fund
Sections
2.10.010
Fund established.
2.10.020
Purpose.
2.10.030
Continuation of assets.
2.10.090
Severability..
2.10.010 Fund established. Pursuant to RCW 36.33A, upon repeal of WCC 2.74
there is hereby established in the County treasury a "rental and revolving fund," herein after
referred to as "the fund," to be managed using generally accepted accounting principals by
the appropriate County financial authority as specified by the County Executive, effective
Nevefnbef 1, 1493 Jari'u'a (' O�; provided that the County Executive may take
preliminary and transitional steps .necessary for the implementation of this chapter.
2.10.020 Purpose. The fund shall serve as a set of accounts designed for
replacement capital accumulation and ongoing maintenance, repairs, services and supplies
expenses for equipment used in County road operations; for the purchase of equipment,
materials, supplies and services required in the administration and operation of the fund;
and for the purchase or manufacture of materials and supplies needed in County road
operations. Such other County -owned facilities, vehicles, and equipment or categories of
the same, as may be designated by the County Executive and approved by the County
Council, shall be managed through the fund in a manner consistent with that note herein.
The fund shall maintain necessary records for proper financial controls, and shall be
supported by rental or director charges to operating departments for use of the facilities,
equipment, vehicles, supplies and other assets of the fund, consistent with the requirements
set forth in RCW 36.3" )A.
2.10.030 Continuation of assets. The assets and liabilities including, but not
limited to, buildings, land, vehicles, heavy equipment, and other items contained in the
former equipment rental and revolving fund in the former Equipment Rental Division shall
be continued in this fund.'
2.10.090 Severability. If any portion of this chapter shall be found to be
unlawful, all remaining portions shall remain in effect.
Page 9
May 25, 1993
Substitute Ordinance
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EXHIBIT B
Chapter a-.57 3.04
Personnel System
Sections
2-5-7 3'."04"
— �010 Purpose.
C
.010 Purpose. It is the intent of this chapter to pr-evide Tiffia,
......t........
centralizedsystem of personnel management including, but not limited to
fgfi= Ensuring an objective iraddte recruitment and A" standardized selection
process; providing for ?Jt; ater standardized '---"- personnel policies and procedures; providing a
clear definition of personnel and employment functions; empleyfaent employing the most
highly qualified ef high qua4ily personnel; and a pefsefinel systeffi based an fnefit; a-ad
k-W-MWA-L.A. mpg
Page 10 -
May 25. 1993
Substitute Ordinance
skills, F
2 $ppeirtfeftfs
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4 ;
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6 G. Tfainiiig e, as needed,
7
8 ,
9 , separating eFapleyees
peff.effnanee e finet be -xT
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12 ,
13 ; ; N;
14 b
15 ,
16 r
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18 with e affe,,.;.... the „4 AF Afl l etie e. F F .,f ee.
19 v
20 ?x:938i?fi Scope. This chapter applies in its entirety to all County,
21 positions except:
-?2 A. Those positions exempted from coverage by the County Charter.
24 B. Employees of the Sheriffs department in all matters of selection, appointment,
25 promotion, transfer, reinstatement, demotion, discipline, suspension and discharge
26 under the Whatcom County Civil Service Commission rules and regulations.
27
28 C. The Court reporters of the Superior Court, and any other employee of the Court
29 identified by the Court to be exempt from this chapter.
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31 D. Deputy Prosecuting Attorneys.
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33 E. Any employees of the District Court identified by the Court to be exempt from
34 this chapter.
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36 F. Multi- agency groups who have no contractual agreement with the County for
37 personnel services.
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39 G. Those employees serving in temporary, seasonal, or. part -time County positions.
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41 27440 3:04:03 Union labor agreements. The special requirements, if any, of
42 collective bargaining agreements which affect any section of this chapter shall be respected
Page 11
May 25, 1993
Substitute Ordinance
in the interpretation and application of this chapter.
2
3 23x:858 3 0 (140 l rity> > rid
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13 Personnel system functions shall include the following elements:
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15 1. Encourage and exercise leadership in the development of effective personnel
16 administration within the various departments of the County; rfia TMak° available the
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21 3. Foster o r employee effectiveness b
22 de elc pzt z'o razr s fob �ng training, safety, health, counseling and welfare;
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4. ifivestigate ?. v 'Itilate from time to time the epefatien and effectiveness of this
25
chapter and of the policies made thereunder; and -reper- /her- fifidi^os an
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5. Develop an annual report regafdifrg o llin r the
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......... .
activities tc<'ac'com' lisrixenCs of the personnel s "st`ei'n'
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6. Establish maintain and administer a secure centralized "`sanne records stem
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for all employees in the County in
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7. Establish, maintain, and administer the entry level and promotional recruitment,
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screening, and selection practices for all departments of Whatcom County, except
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those departments and positions covered by civil service or otherwise exempted from
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this chapter;
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8. Promote good union- management relations; resolve grievances and personnel
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problems; participate in union negotiations; and assure compliance by all
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departments with the provisions of the various collective bargaining agreements
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between unions and the County;
Page 12
May 25, 1993
Substitute Ordinance
9. Assist the prosecuting attorney's office in arbitration proceedings and related
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litigation involving personnel matters;
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10. Monitor and ensure the County's compliance with federal; state and local laws
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or regulations dealing with personnel matters. ,
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pfd
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11. Maintain the affirmative action program and provide periodic reports to the
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Equal Employment Opportunity Commission, the Washington State Human Rights
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Commission and similar agencies;
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12. Conduct studies or research necessary to administer the personnel function
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including but not limited to wage studies, job analysis; reclassification of positions,
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and minority representation in employment;
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13. Monitor the effectiveness of the merit and evaluation system, implementing
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changes when necessary;
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14. 1€t Te?elop and periodically update vvrittet standardized personnel policies
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X.
which affect Count : employees, Irereiiafter;' refrret�fasth` "Iiccirn<:QUnt:':
Y :..... :.,..,
............,., ....
'<?:e °rsaznelancibc'':
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P'Ejsonn�l <Hancjboak shall be developed after taking into account input from
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County administrators and from the employee groups affected.
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b. Thel<Z?y afcozr l> un �"": E `':::I`b-'en`s
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E'erstze >Hari'ibool. once a roved h the'Count +Executive and `ado »; >tec
PP Y Y �
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:.......:....
�'�' � ° >resoIta`n�'c�f >th'e�Count Council s1�1.1 ra��< ��`ril``l be adepte afid amended
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by resolution.
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2.57-.w 1:4 0 ( `'Q m rt s'ii 1 A. The
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The
L ti 11LLlV1 -V1TL • CiV 411 J
3$
39 eleeted
depanffient heads,
effleials and ather
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Page 13
May 25, 1993
Substitute Ordinance
Page 14
May 25, 1993
Substitute Ordinance
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Page 14
May 25, 1993
Substitute Ordinance
I o .
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3SrT2 V
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5 r-egulatiefts. The
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9 2474-2-0 (?4 hQ Political activity. Whatcom County recognizes the
10 right of every employee to express his or her views as a citizen, to pursue legitimate
11 involvement in the .political system, and to vote as he or she pleases, provided that no
12 County employee shall. expend public funds, or supplies, or work towards the campaign of
13 any candidate or issue while on County time unless the activity is permitted by law.
14
15:'"esh11 Ue no:;�scrx�runtton of em I eesf 'VVhtcnmouzx....::: >reexence
16 tQ :;the r ?affilatiflnwithan " €or "arizafo'n`< >' "> urari
17
18
19 b
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pfavided that the Faeth-
22 efflpleyed in exeeutifig b
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26 b pefsennel, tfaining pefsenfi , and establishing lists
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29 2-5 49 3 <04170 T Ella fitl aet- Prohibited' A. No person shall make
30 any false statement, certificate, mark, rating or report with regard to any application, test,
31 certification or appointment made under any provision of this chapter or in any manner
32 commit or attempt to commit any fraud preventing the impartial execution of this chapter
33 and related policies.
34 B. No person shall directly or indirectly give, render, pay, offer, solicit, or accept any
35 money, service, or other valuable consideration for any appointment, proposed appointment,
36 promotion or proposed promotion to, or any advantage, in a position with the County.
R.
37 C. No employee of h2:tcdm<unfy or
%:jC+} S: i' v :JHCiri}ii•:4:niii$s:]C'n't:..t
38 other person shall defeat, deceive or. obstruct any person in his or her right to examination,
39 eligibility, certification, or appointment under this chapter,- or furnish to any person any
40 special or secret information for the purpose of affecting the rights or prospects of any
41 person with respect to employment by the County.
42 D. Discovery of an unlawful act as identified above shall establish reasonable cause
43 for immediate dismissal.
Page 15
May 25, 1993
Substitute Ordinance
?. c- 3 01M Severability. If any provision of this chapter or- ef any
3 eiretiffistaflees shell be held invalid,
4
5 these --te- which -it-is -held ifwalid shall net is held to be invalid, the
6 remainder of the chapter shall remain in effect.
7
8
Page 16
May 25, 1993
Substitute Ordinance
1 EXHIBIT C
4
1 Chapter 2.76
2
3
4 Administrative Services Department
5
6 Sections
7
8 2.76.010 Department established.
9 2.76.020 Director appointment.
10 2.76.030 Duties.
11 2.76.040 Committees.
12 2.76.090 Severability.
13
14 2.76.010 Department established. There is hereby established a department
15 called the Administrative Services Department effective January 1, 1994.
16
17 2.76.020 Director appointment. A. There shall be appointed a director of the
18 Administrative Services Department whose duties shall include management, oversight and
19 administration of all department activities. The director shall be appointed by the County
20 Executive, subject to confirmation by a majority of the County Council. The director shall
1 be appointed for an indefinite period and serve at the will of the County Executive.
22 B. It is the responsibility of the director to hire department staff in accordance with
23 the personnel policies and procedures of the County, and any other applicable laws and
24 regulations.
25
26 2.76.030 Duties. A. The Administrative Services Department shall be
27 responsible for administration of the County purchasing system; the County personnel
28 system; budget preparation, review and revision; information, communication and record
29 systems; building maintenance and the planning and development of building facilities.
30 B. The director, subordinate or subordinates designated by the director, shall be
31 responsible for administration of all rules and regulations of the Federal, State and County
32 governments, as well as policies and procedures as established by the County Executive, that
33 fall under the purview of this department.
34 C. The director, subordinate or subordinates designated by the director, shall be
35 responsible for establishing and maintaining written standardized administrative system
36 policies and procedures, hereinafter referred to as the " Whatcom County Administrative
37 Policies and Procedures Handbook."
38
39 1. The Whatcom County Administrative Policies and Procedures Handbook
40 shall be developed after taking into account input from County administrators
Page 17
May 25, 1993
Substitute Ordinance
1 and from employee groups affected.
2
3 2. The administrative policies and procedures that make up the handbook
4 shall be adopted and amended by executive order of the County Executive.
5
6 2.76.040 Committees. Internal service committees with user representation will
7 be established to assist with the strategic and operational planning of the various department
8 functions where appropriate.
9
10 2.76.090 Severability. If any portion of this chapter shall be found unlawful, all
11 remaining portions shall remain in effect. All rights, contracts, agreements claims and
12 obligations shall remain and be continued without interruption through the successor
13 department as appropriate.
Page 18
May 25, 1993
Substitute Ordinance
Page 19
May 25, 1993
Substitute Ordinance
EXHIBIT D
1
Chapter 2.55
2
3
4
Bonds
5
Sections
6
7
2.55.010
Established.
8
2.55.020
Form and payment.
9
2.55.030
Purchasing authority.
10
11
2.55.010
Established. Mie The public official bonds of certain elected officials
12
and employees of
Whatcom County named herein shall be fixed in the following sums:
13
14
Gembined urea
t- Serviees Dir-eeter- W,nnn
15
Gembined Tfeamnent
Sefviees Efflpleyees 1,000
16
_,
17
Clerk
18
A6sess
25,000
19
Auditefl
50 ,000
2, 1
Health Gf€ieef
Treasurer
50 ,00()
150,808 OQO:d;
22
d Attafney
:.
25,000
23
Sheriff
25,000
24
Executive
22 5 89000Ob
25
GeanPy
2�,S
26
Distr-i �-t Qer-k
20,0 08
27
,
28
,
29
,
30
Par- asin, Mail Glerk
10,0
31
,
32
rabie -Wefks Difeet
- cn nnn
33
nmuzee Dir-eete
220
34
vT.wenileZ6 - t- Difeet6r-
10,000
35
J.nfie Glepft Efflpleyee
1,000
36
Pafks Difeetef
25,080
37
38
,
,
39
40
B. All other
Whatcom County employees shall be covered by a blanket bond policy
Page 19
May 25, 1993
Substitute Ordinance
2
3
4
5
6
7
S
9
10
with loss limits of fifty thousand dollars ($50,000) per occurrence subject to a five hundred
dollar ($500) deductible per occurrence.
2.55.020 Form and payment. Such surety bonds shall be in form joint and
several and made payable to Whatcom County or the state as may be required by law.
2.55.030 Purchasing authority. The tort claims division of the prosecuting
attorney's office shall have sole authority to purchase the bonds, at the lowest possible
expense in conformance with funds from the premium category of the tort claims,
settlement, defense and judgement fund.
Page 20
May 25, 1993
Substitute Ordinance
1
3
4
6
7
8
9
10
11
12
13
14
15
16
17
18
'9
'll
22
23
24
25
26
27
28
29..
30
31
32
33
34
35
36
37
38
39
40
EXHIBIT E
Chapter 3.02
Financial Management System
Sections
3.02.010
Purpose.
3.02.020
Administration.
3.02.030
Authority and functions.
3.02.040
Reserved powers.
3.02.050
Budgeting - continuing appropriations.
3.02.060
Flow- through fund budgets.
3.02.070
Copies of the budget.
3.02.080
Claims for services and supplies.
3.02.090
Reimbursement claims by officers and employees.
3.02.100
Voucher approval forms.
3.02.110
Allowance of accounts.
3.02.120
Advancements for travel expenses.
3.02.130
Severability
3.02.010 Purpose. It shall be the purpose of this chapter to establish a
comprehensive integrated financial management system for all activities of Whatcom County
government. It is the purpose of this chapter to define the powers and duties of the County
Executive and the system in securing financial controls; to consolidate County financial,
accounting and budgetary procedures; to provide a financial management reporting system;
and to promote effective financial management. Further, this chapter shall establish the
responsibility and authority of the County Auditor and County Treasurer relative to the
functioning of County financial activities.
3.02.020 Administration. The director of the Administrative Services
Department shall have full authority and responsibility for the operation of the financial
management system under the direction of the County Executive.
3.02.030 Authoritv and functions. The authority to recommend and implement
administrative policies and procedures that provide a comprehensive basis for budgeting,
purchasing and -financial management and control shall fall under the purview of the
financial management system. Such policies and procedures shall also provide for efficient
accounting and reporting procedures. To this end, all officers and employees of Whatcom
County shall furnish the required information and records as deemed necessary by the
Page 21
May 25, 1993
Substitute Ordinance
L
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
1/1
L4
25
26
27
28
29
'30
31
32
33
34
35
36
37
38
39
40
41
42
43
director of the Administrative Services Department or designee to further the purposes of
this chapter. Such information and records shall be submitted in a timely manner and in
such form as specified. The following responsibilities shall be coordinated through the
financial management system:
1. Develop and implement an integrated financial accounting and reporting
system for each department or division of County government. The system
shall properly and systematically account for all revenues, expenditures,
receipts, disbursements, resources and obligations of the County. The
accounting system shall provide accurate and timely records and reports of all
financial activities of the County.
2. Prepare the Comprehensive Annual Financial Report in a timely manner
and submit the same to the State Auditor.
3: Provide a centralized management reporting system.
4. Prepare the annual budget document as required by the Whatcom County
Charter under the supervision and authority of the County Executive; provide
for professional budget execution on a day -to -day basis during the course of
the year; and .prepare or review budget revisions subsequent to the adoption
of the original budget.
S. Provide a process that guarantees accurate, timely and efficient payment
of claims.
6. Incorporate internal controls into the financial management system
procedures concerned with safeguarding assets and the reliability of financial
records to assure that:
a. Transactions are executed in accordance with County management's
general or specific authorization.
b. Transactions are recorded as necessary to permit preparation of
financial statements in conformity with generally accepted accounting
principles or any other applicable standards and to maintain
accountability for assets.
c. Access to assets is permitted only in accordance with County
management's authorization.
d. The recorded accountability for assets is compared with existing
assets at reasonable intervals and appropriate action is taken with
Page 22
May 25, 1993
Substitute Ordinance
respect to any differences.
2
3 7. Develop the Six Year Capital Facilities Plan as required by the Whatcom
4 County Charter under the supervision and authority of the County Executive.
5
6 8. Establish and maintain written procedures for the proper accounting and
7 reporting of all County general ledger accounts in the Whatcom County
8 Administrative Policies and Procedures Handbook.
9
10 9. Periodically review and recommend changes to internal service rates and
11 charges.
12
13- 10. Establish and maintain written procedures in the Whatcom County
14 Administrative Policies and Procedures Handbook related to contract
15 administration, including but not limited to, inventorying, categorizing,
16 accounting, and monitoring terms and conditions of contracts entered into by
17 all County agencies.
18
19 11. Perform such other duties as may be required to further the purposes of
20 this chapter.
21
' 3.02.040 Reserved powers. The following powers and duties granted by state
statute or Whatcom County Charter provisions are deemed not subject to the provisions of
24 this chapter are reserved as follows:
25
26 1. To the County Treasurer:
27
28 a. All powers and duties with respect to tax collections and
29 administration provided by state law.
30 _
31 b, All powers and duties with respect to the collection, disbursement
32 . and management of junior taxing district funds, including the duties as
33 treasurer as provided by state law.
34
35 c. All powers and duties with respect to the management, investment,
36 and disbursement of County funds.
37
38 2.. To the County Auditor:
39.
40 a. All powers and - duties with respect to voter rolls and records,
41 canvassing and conducting, supervising, or engaging in elections or
42 related activities.
4.3
Page 23
May 25, 1993
Substitute Ordinance
r
b. All powers and duties with .respect to formation, incorporation,
2 canvassing, verification, boundary determination, organization,
3 reorganization, dissolution or disincorporation of any other municipal
4 corporation or political subdivision within Whatcom County; or any
5 other power or duty not associated with the receipt or disbursement of
6 funds of other municipal corporations or political subdivisions.
7
8 c. All powers and duties with respect to the receiving, filing, or
9 recording. of documents of any sort, and the taking of
10 acknowledgements.
11
12 d. Receiving applications for, processing, administering, revoking,
13 suspending, or otherwise acting with respect to any license or permit
14 issued by the County Auditor including licenses and permits issued by
15 the County Auditor acting as an agent for the State.
16
17 e. All powers and duties with respect to the processing of junior taxing
18 district claims, including the duties as auditor as provided by state law.
19
20 i Performing an internal audit function for County Government as
21 specified in Whatcom County Code Chapter. 3.09 Internal Audit
'. Svstem.
24 g. Certification of an annual financial report.
25
26 3.02.050 Budgetiniz - continuing appropriations. A. Whatcom County may close"
27 its books and allow no further County fund transactions on the previous year, twenty days
28 after the end of the fiscal year. Following that deadline, any outstanding obligations for
29 ongoing contracts and /or capital outlay projects of the County that have been encumbered
30 and were planned to be completed before the end of the fiscal year, may be completed and
31 warrants may be drawn on continuing appropriations in the following fiscal year if approved
32 by the County Executive.
33
34 B. Any County department and /or agency may request the County Executive to
35 authorize a continuing appropriation by January 25 and the Executive may authorize the
36 same no later than ten working days thereafter. A list of the approved continuing
37 appropriations shall be transmitted to the Administrative Services Department and the
38 department shall be. responsible for reserving from fund balance the continuing
39 appropriations necessary to allow completion of the affected department or agency approved
40 project(s) or contract(s).
41
42 C. All unexpended continuing appropriation authority carried over from the previous
43 fiscal year shall lapse by the following December 31st. A copy of the executive - approved .
Page 24
May 25, 1993
Substitute Ordinance
continuing appropriations shall be transmitted to the County Council.
3.02.060 Flow - through find budgets. A. The County Council delegates to the
County Executive its authority to approve in writing budgets for flow - through funds received
from a state or federal agency and approves the corresponding expenditure or supplemental
revenues for those purposes for which the funds are received with the approval of the
County Council for items over ten thousand dollars.
B. Transfers, revisions, budget changes and flow- through funds received and
expended pursuant to the authority delegated in this chapter shall be reported and
accounted for by the County Executive in the next ensuing budget control report submitted
under Section 6.41 of the Whatcom County Charter.
3.02.070 Copies of the budget. The County Executive shall deliver copies of the
budget and budget message to the County Auditor, the County Council office, and to each
Council member at least seventy -five days prior to the end of each fiscal year (pursuant to
Whatcom County Charter Sections 6.10 and 6.50). A copy of the budget message and
supporting tables shall be furnished, within a reasonable time frame, by the County Council
office to any interested person upon request for a reasonable fee as set in the Whatcom
County unified fee schedule. The budget and related documentation shall be available for
public inspection from the time the budget message is delivered.
3.02.080 Claims for services and supplies. All claims against the County by
persons furnishing materials, rendering services or performing labor, or for any other
contractual purpose shall be prepared for audit and payment in the form and manner
prescribed in the Whatcom County Administrative Policies and Procedures Handbook.
Each department or division head shall be appointed auditing officer for all claims made
within his or her department. The auditing officer or delegate shall preaudit and certify all
claims. This certification shall be made on each individual claim voucher and shall be
signed and dated by the auditing officer or delegate.
3.02.090 Reimbursement claims by officers and employees. A. No claim for
reimbursement of any expenditures by officers or employees of Whatcom County for
transportation, lodging, meals or any other purpose shall be allowed unless the same shall
be presented in a form as prescribed in the Whatcom County Administrative Policies and
Procedures Handbook. The amounts to be paid officers or employees as reimbursement for
the use of their personal automobiles or other transportation equipment in connection with
officially assigned duties and other pre - approved travel for public purposes, or as
reimbursement in lieu of actual expenses incurred for lodging, meals or other pre- approved
travel for public purposes, or as reimbursement in lieu of actual expenses incurred for
lodging, meals or other purposes, shall be as prescribed in the Whatcom County
Administrative Policies and Procedures Handbook.
Page 25
May 25, 1993
Substitute Ordinance
1 B. All claims for reimbursement shall be duly certified by the officer or employee
2 submitting such claim on the form and in the manner prescribed by the Whatcom County
3 Administrative Policies and Procedures Handbook.
4
5 3.02.100 Voucher approval forms. Forms for detailed information supporting
6 the claim, verification, authentication, audit and payment of claims for services, supplies, or
7 materials shall substantially conform to the requirements prescribed by the Whatcom County
8 Administrative Policies and Procedures Handbook.
9
10 3.02.110 Allowance of accounts. A. After certification and approval, all claims
11 and accounts legally chargeable against Whatcom County shall be presented to the County
12 Council for allowance before payment.
13
14 B. For the purpose of allowance of accounts, the Whatcom County Council delegates
15 to the County Executive, authority to allow those accounts against the County for services,
16 materials and supplies furnished to the County which:
17 1. Have been certified as provided in Section 3.02.080; and
18 2. Do not exceed the estimated revenue for such purpose as contained in the
19 current budget; and
20 3. Are within confirmed cash income for the budget year; and
21 4. Do not exceed appropriations for the specific purpose for which such
22 service, material or supplies were furnished.
23
`4 3.02.120 Advancements for travel expenses. A. Travel Advances. Whenever
1,5 it becomes necessary for an elected or appointed official or employee of the County to
26 travel and incur expenses, such officers or employees may secure reasonable allowances in
27 advance of expenditure in the manner prescribed by the Whatcom County Administrative
28 Policies and Procedures Handbook.
29
30 B. Revolving Fund Maintained as a Checking Account. There is established an
31 advance payment of travel expenses revolving fund in the amount of twenty thousand dollars
32 to be used solely for the purpose of making advance payments for travel expenses. The
33 revolving fund shall be maintained in a bank as a checking account, and advances to officials
34 or employees will be by check. The fund will replenished by warrant.
35
36 3.02.130 Severability. If any provision of this chapter is held to be invalid, the
37 remainder of the chapter shall remain in effect.
Page 26
May 25, 1993
Substitute Ordinance
I
5
6
7
8
9
10
11
12
13
14
15
16
.17
18
19
20
21
22
'13
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
EXHIBIT F
Chapter 3.05
Tort and Damage Claims
Sections
3.05.010 Tort and damage claims.
3.05.020 Settlement authority for claims.
3.05.030 Public disclosure of tort claim settlements.
3.05.010 Tort and damage claims. A. Filing. All claims for damages against the
County must be presented to the County Executive and filed with the Clerk of the County
Council. A summary of such claims identifying the claimant, the date of the claim, the
amount claimed, the amount paid, and the date of payment shall be prepared annually by
the County Executive, or his or her designee, and made available for inspection by the
members of the County Council.
B. Requisites of Claim. All such claims for damages must locate and describe the
defect which caused the injury, describe the injury and contain the amount of damages
claimed, together with a statement of the actual residence of the claimant at the time of
presenting and filing the claim and for a period of six months immediately prior to the time
the claim accrued and be sworn to by the claimant; provided, that, if the claimant is
incapacitated from verifying and filing his claim for damages within the time prescribed, or
if the claimant is a minor, or in case the claim is for damages to real or personal property,
and the owner of the property is a nonresident of the County or is absent therefrom during
the time within which a claim for damages is 'required to be filed, the claim may be verified
and presented on behalf of the claimant by a relative or attorney or agent representing the
injured person, or, in case of damages to property, representing the owner thereof.
C. Time for Commencement of Action. No action shall be commenced against the .
County for damages arising out of tortious conduct until a claim has first been presented to
the County Executive, filed with the Clerk of the County Council, and an action commenced
in the proper court within the period allowed by law for the commencement of a like action
against private parties.
D.' Claim forwarded to the Prosecuting Attorney. Every claim shall be promptly
forwarded to the Prosecuting Attorney who shall consider same in light of County tort
claims defense qualifications.
Page 27
May 25, 1993
Substitute Ordinance
E. All Summons and Complaints to the Prosecuting Attorney. Every tort action
L summons and complaint shall be served on the County Auditor who shall promptly present
3 it to the office of the Whatcom County Prosecutor.
4
5 3.05.020 Settlement authority for tort claims. A. Authority is delegated by the
6 County Council to the County Prosecuting Attorney for settlement of all tort claims against
7 the County where the amount to be paid in the settlement is five thousand dollars or less;
8 authority is delegated to the County Prosecuting Attorney, with the approval of the County
9 Executive, for settlement of all tort claims where the amount to be paid in the settlement
10 is more than five thousand dollars but less. than twenty five thousand dollars. All other
11 settlements require Council approval.
12
13 B. Unless authorized by law to be filed directly by the Prosecuting Attorney, all
14 other civil lawsuits brought in the name of or on behalf of Whatcom County shall be
15 commenced upon, and only upon, the approval of the County Council.
16
17 3.05.030 Public disclosure of tort claim settlements. A. No settlements of any
18 lawsuit to which the County is a party shall be made except with full public disclosure of the
19 .total settlement amount either paid.by the County directly or paid on the County's behalf.
20 The County shall not be required to disclose payments made by third parties in settlement
21 of their own claims.
B. The Prosecuting Attorney's. office shall include a copy of this section in early
z-4 correspondence to litigants.
Page 28
May 25, 1993
Substitute Ordinance
1. EXHIBIT G
1 Chapter 3.09
2
3
4 Internal Audit Svstem
5
6 Sections
7
8 3.09.010 Creation and purpose.
9 3.09.020 Administration.
10 3.09.030 Authority and functions..
11 3.09.040 Duties.
12 3.09.050 Timing, frequency and notification.
13 3.09.060 Reporting of audit results.
14 3.09.070 Severability.
15
16 3.09.010 Creation and nuraose. There is hereby established an internal audit
17 system effective July 1, 1994. The purpose of this system is to provide an independent
18 internal audit function to evaluate County programs and services to determine if those
19 operations have been conducted in accordance with state statutes, County Council policy,
20 executive orders and financial internal control standards. To provide an effective audit, the
internal audit system must be independent of both the operating and accounting
departments.
23
24 3.09.020 Administration. The County Auditor shall have full authority and
25 responsibility for the management of the internal audit system while taking direction
26 regarding audit priorities from the County Council.
27
28 3.09.030 Authority and functions. The internal audit system shall be designed
29 to provide audit services in accordance with generally accepted auditing standards. To these
30 ends, all officers and employees of Whatcom County shall. furnish information and records
31 that the Auditor may request as deemed necessary to further the purposes of this chapter.
32 Such information and records shall be submitted in a timely manner and in such form as the
.33 Auditor may specify. Internal audit system functions shall include the following elements:
34
35 1. Perform an internal operational and /or financial audit of all programs,
36 services and accounts which come under the budgeting authority of the
37 County.
38
39 2. Prepare an annual internal audit report for Whatcom County.
40
41 3. Representative samples of all claims against.County funds may be audited
42 at any time for control purposes. Sample sizes selected should be based on
Page 29
May 25, 1993
Substitute Ordinance
I professional auditing standards with a due consideration of the risk factors
2 involved.
3
4. Establish and maintain procedures for the internal audit function.
6 5. Perform such other duties as may be required to further the purposes of
7 this chapter.
8
9 3.09.040 Duties. The County Auditor's Office shall:
10
11 1. Supervise and administer the activities of the internal audit system.
12
13 2. Exercise all the powers and perform all the duties prescribed by ordinance
14 with respect to the administration of the internal audit system.
15
16 3. Advise the County Executive and the County Council with respect to
17 matters regarding internal audits conducted.
18
19 4. Appoint all officers and employees of the system in accordance with the
20 rules of the County personnel system, and any other applicable laws and
21 regulations.
22
23 5. Delegate functions and duties to other officers and employees of the
24 County as deemed necessary to further the purposes of this chapter. Such
-)5 delegation does not absolve the director of the responsibilities set forth in this
chapter.
28 3.09.050 Timing, frequency and notification. The timing and frequency of audits
29 shall be at the discretion of the County Auditor with the aim of auditing each program and
30 service of Whatcom County over a five year cycle. The County Auditor shall request
31 specific direction from the County Council annually during the budget cycle regarding
32 internal auditing priorities. The County Auditor shall make prior arrangements with the
33 head of each department subject to audit before conducting said audit except when fraud
34 or wrongdoing is suspected.
35
36 3.09.060 Reporting of audit results. Final audit reports on County programs and
37 services shall be made to the County Executive and to-the County Council. In all cases
38 where audit findings are included in the audit report, the County Auditor shall provide a
39 reasonable time for review of the preliminary report by the head of the department that is
40 the subject of the audit report. The affected department head shall respond in writing to
41 the County Auditor regarding the audit report. The department head shall respond with a
42 corrective action plan directed toward the specific audit findings or in the case of a
43 disagreement, with the reasons for disagreement with the findings in the report. The
44 department head's response shall be included as an addendum to each audit report.
45
46 3.09.070 Severability. If any provision of this chapter is held to be invalid, the
-7 remainder of the chapter shall remain in affect.
Page 30
May 25, 1993
Substitute Ordinance
I EXHIBIT H
1 Chapter 3.08
2
3
4 Purchasing System
5
6 Sections
7. 3.08.010 Purpose..
8 3.08.020 Administration. -
9 3.08.030 Authority and functions.
10 3.08.040 Price quotations.
11 3.08.050 Vendor lists.
12 3.08.060 Bids and proposals required.
13 3.08.070 Contractor's bond required.
14 3.08.080 Labor and material claims.
15 3.08.090 Bid specifications, deposits and awards.
16 3.08.100 Council approval required.
17 3.08.110 Unregistered or unlicensed contractors prohibited.
.%18 3.08.120 Joint purchasing.
3.08.130 Amendments to chapter.
L� 3.08.140 Severability.
21
22 ` 3.08.010 Purpose. It shall be the purpose of this chapter to establish a
23 purchasing system to work with all county departments, agencies, boards and commissions,
24 and other operations of the County to ensure efficiency in procurement of supplies and
25 equipment of the necessary quality at the lowest possible cost; to ensure compliance with
26 purchasing statutes, regulations, policies and procedures; to ensure efficient utilization of
27 County property, new and used; . and to minimize employee t_ ime devoted to purchasing
28 functions.
29
30 3.08.020 Administration. The director of the Administrative Services
31 Department shall have full authority and responsibility for the operation of the purchasing
32 system under the direction of the County Executive.
33
34 3.08.030 Authority and functions. The authority to recommend and implement
35 administrative policies and procedures that provide a comprehensive basis for purchasing
36 functions shall fall under the purview of the purchasing system. The following
37 responsibilities shall be coordinated through the purchasing system:
38
39 1. Continue to improve services to departments and agencies in the area of
purchasing.
42 2. Develop. automated requisition and reporting systems.
Page 31
May 25, 1993
Substitute Ordinance
3. Improve purchasing productivity and control for all departments.
4. Standardize high volume purchases.
5. Centralize and execute printing orders from departments.
6. Develop efficient policies and procedures for acquiring goods and services.
7. Implement inventory controls and minimize costs of goods and services.
8. Submit an annual report on the status of County -owned inventories. The
report may include recommendations for improved standardization and high
volume purchasing.
9. Prepare and make available to all departments standardized forms for
requisitions, vouchers, inventories and any other form required for county
operations.
10. Assign purchase order numbers for every transaction wherein the county
acquires supplies, materials, equipment or contract rights in property or public
works.
11. Annually publish in a newspaper of general circulation within Whatcom
County a notice of the existence of vendor lists. Solicit the names of vendors
for the lists.
12. Secure telephone and /or written quotations from enough vendors to
assure establishment of a competitive price.
13. Award contracts for the purchase of materials, equipment or services
involving amounts not exceeding ten thousand dollars.
14. Whenever practical, contact at least three vendors to assure competitive
pricing.
15. When the amount of any transaction exceeds ten thousand dollars, the
division, unless otherwise provided by law, shall be responsible for the review
and approval of specifications and the preparation of invitations to bid
pursuant to provisions set forth in this chapter.
16. Bids shall be checked for accuracy and /or compliance with specifications
and invitation to bid..
17. Make bid recommendations on all bid awards to the County Executive.
Page 32
May 25, 1993
Substitute Ordinance
1 18. Perform such other duties as may be required to further the purposes of
2 this chapter.
3
4 3.08.040 Price quotations. Whenever Whenever practical, price quotations from at least
5 three vendors shall be solicited for contracts and purchases or leases of supplies, materials
6 or equipment involving amounts not exceeding ten thousand dollars in a single transaction.
7 Records of all quotations obtained shall be maintained and shall be open to public
8 inspection.
9
10 3.08.050 Vendor lists. At least once per year a notice of the existence of vendor
11 lists shall be published in a newspaper of general circulation within the County. The notice
12 shall also solicit names of vendors for the lists.
13
14 3.08.060 Bids and proposals required. Bids or proposals must be submitted in
15 response to specifications and invitations to bid for all contracts and purchases or leases of
16 supplies, materials or equipment involving funds of ten thousand dollars or more except as
17 follows:
18 1. Professional consulting services of ten thousand dollars or more shall be
19 made upon a call for bids, proposals, or statements of qualification, except in
20 the case of an emergency declared by the County Executive, or when the
acquisition of such services is from another public entity, or when the County
Council, upon recommendation of the County Executive, finds that a waiver
23 of the bid requirement will be in the hest interest of Whatcom County.
24 "Professional consulting services" includes, but is not limited to, services from
25 lawyers, architects, engineers, labor relations consultants, and computer.
26 specialists.
27
28 2. In regard to contracts with architectural and engineering services, this
29 section shall supplement the provisions of RCW Chapter 39.80 and not be in
30 lieu thereof.
31
32 3. Repairs for less than twenty thousand dollars on equipment necessary to
33 complete a project and intergovernmental transfers of property shall not be
34 required to go through competitive bidding. However, should either the
35 repair or the property transfer be for twenty -five thousand dollars or more, it
36 shall require Council approval.
37
38 4. Sole source purchases shall not be required to go through competitive
39 bidding. A purchase maybe determined to be sole source by the County
40 Executive or designee when the bidding process would be futile because only
41 one bidder could respond to the invitation.
42
1 5. In the event of an emergency when the public interest or property of the
County would stiffer material injury or damage by delay,. upon an order of the
45 County Executive declaring the existence of such emergency and reciting the
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May .25, 1993
Substitute Ordinance
facts constituting same, the requirements governing competitive bids with
reference to any purchase or contract may be waived pursuant to RCW
36.32.270.
3.0� 8.070 Contractor's bond required for Public Works. A. The County shall
require from a successful bidder a contractor's bond in the amount and with the conditions
imposed by law.
B. On contracts of twenty -five thousand dollars or less, Whatcom County may, where
fifty percent of the contract amount is retained for a period of thirty days after date of final
acceptance (providing all necessary releases from the tax commission and the Department
of Labor and Industries have been received) dispense with the requirement of a contractor's
bond, as permitted by state law.
C. When required, the contractor's bond shall be a. good and sufficient bond; with
two or more sureties, or with a surety company duly and currently licensed to engage in
surety bonding business in the state of Washington. Such bond shall conform to RCW
39.08.010.
D. The contractor's bond shall be payable to the County of Whatcom, State of
Washington. The conditions of the contractor's bond shall include:
1. The faithful performance of the contract; and
2. The faithful - payment of all laborers, mechanics, subcontractors,
materialmen, and persons who supply such laborers, mechanics,
subcontractors, or materialmen with provisions and supplies for carrying on
such work.
E. The contractor's bond is to be approved and filed with the original contract
document within ten days (exclusive of the date of notice) after notice of award.
3.08.080 Labor and material claims. A. Notice Required to Create Lien.
Against Retainage. Every person performing labor or furnishing supplies toward the
completion of a contract for public improvements or work by the County other than for
professional services shall have a lien upon the retainage reserved; provided, such notice of
the lien of such claimant has been given in the manner and within the time provided in
RCW 39.08.030 -.060. as now existing and in accordance with any amendments that may be
made thereto.
B. Special Notice Required for Suppliers to Bind Retainage. Every laborer,
mechanic, subcontractor, materialman and person who supplies such persons with provisions
and supplies for carrying on contract work for the County shall have a right of action against
the contractor's bond; provided, that within forty -five days from and after the completion
of the contract with -an acceptance of the work by the affirmative action of the County
Council, County Executive, County Engineer, or other officer acting.for the County, the lien
claimant, or person claiming to be entitled to a lien, shall present to and file with the
County a notice of claim of lien in compliance with the requirements of RCW 39.08.030 and
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May 25, 1993
Substitute Ordinance
I RCW 60.28.011.
2
3 C. Special Provision of Claims Not Timely Filed. Whenever the County has entered
4 into a contract for the construction of any public improvement for the benefit of the County,
5 whereby the contractor agreed to furnish all labor, material and supplies necessary for the
6 improvement, and the contractor has proceeded with such improvement and procured from
7 other persons labor, material, or supplies and used the same in the construction of the
8 improvement, but has failed to pay such persons therefor, and such persons have filed claims
9 therefor against the Countv, and the claims have been audited in the manner provided by
10 law and found to be just claims against the County, and valid obligations of the County
11 except for the fact that they were not filed within the time provided by law, the County
12 Council may provide funds sufficient therefor, and cause the payment of such claims in the
13 manner provided by law for the payment of valid claims against the County.
14
15 3.08.090 Bid specifications, deposits and awards. A. In developing specifications
16 for bids or proposals, all reasonable efforts shall be made to ensure that a variety of vendors
17 shall be capable of fulfilling the stated requirements of the County. Performance
18 considerations shall be included in the specifications. However, nothing in this section shall
19 be construed to limit the County from pursuing sole source procurement where adequate
20 justification has been presented that such procurement is in the best interests of County
21 operations.
2
J B. When the amount of any contract, purchase or lease exceeds ten thousand dollars,
24 the Administrative Services Department shall be responsible for the review and approval
25 of specifications and the preparation of invitations to bid pursuant to provisions set forth in
26 this chapter.
27
28 C. No warrants shall be issued for the purchase or lease of capital outlay equipment,
29 (nor a lease period extended or purchase- option exercised) unless authorized by the director
30 of the Administrative Services Department or designee.
31
32 D. All bid specifications for public works, leases, or purchases prepared under the
33 provisions of this chapter shall be in writing and placed on file for public" inspection.
34
35 E. An advertisement that written specifications are on file and available for public
36 inspection shall be published in the official County newspaper. Advertisements shall be
37 published at least once in each week for two consecutive weeks prior to the last date upon
38 which bids will be received and may be published for *as many additional publications as
39 shall be considered in the County's interest. Such advertisement shall state:
40 1. The date after which bids will not be received;
41 2. The character of the work to be done, or the materials, equipment or
42 service to be purchased; and
43 3. Where the specifications may be seen.
t4
45
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May 25, 1993
Substitute Ordinance
F. No bid shall be considered for public works unless it is accompanied by a bid
2 deposit in the form of a surety bond, postal money order, cash, cashier's check, or certified
3. check in an amount equal to five percent of the amount of the bid proposed.
4
5 G. Should the bidder to whom the contract is awarded fail to enter into the contract
6 or fail to furnish the contractor's bond within ten days (exclusive of the date of notice) after
7 notice of the award, the amount of the bid deposit shall be forfeited to the County.
8 Thereafter, the award shall be made to the next lowest responsive bidder. The bid deposit
9 of an unsuccessful bidder (if his bid deposit has not been forfeited) shall be returned after
10 the required contractor's bond of the successful bidder has been accepted.
11
12 H. Bids received shall be opened and read in public on the date named in the
13 advertisement for bids, or to such an adjourned time as may then be publicly announced.
14
15 I. After opening, all bids shall be reviewed and referred to the requisitioning
16 department for recommendation of award. Bids will be forwarded by the director of the
17 Administrative Services Deoartment or designee with a recommendation to the County
18 Executive for award.
19
20 J. After opening and award, all bids shall be filed for public inspection.
K. Any or all bids may be rejected for good cause. If all bids are not rejected, the
:rj award shall be to the lowest responsive bidder. In determining which is the lowest
24 responsive bidder, the County may take into consideration the bidder's responsiveness to the
25 County's requirements, the quality of the articles to be purchased or leased, availability of
26 parts and service, delivery time, the tax revenue the County would receive from purchasing
27 from a supplier located within its boundaries and prior dealings with the bidder.
28
29 L. The County may issue requests for proposals for services, or for technologically
30 complex equipment including but not limited to computers, software, or telephone systems.
31 If all proposals are not rejected, the award shall be to the highest rated proposal, taking into
32 account the selection criteria published in the request for proposals.
33
34 M. The County may award to multiple bidders for the same commodity or service
35 when the bid specifications provide for special circumstances in the determination of which
36 vendor is truly the lowest price to the County. Special circumstances may include
37 differences in ability to deliver, delivery time, availability of material, special loading or
38 unloading conditions, total cost including transport or labor if not included with bid item,
39 performance of the delivered material, location of the source, and proximity to the delivery
40 point.
41
42 N. Contracts entered into by the County may be administratively amended to a
'3 cumulative amount not to exceed ten thousand dollars or ten percent of the original
contract, whichever is greater; larger amounts require Council approval. Amendments to
45 existing contracts which involve externally- funded pass - through monies may be approved by
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May 25, 1993
Substitute Ordinance
I the County Executive without Council approval in any amount.
,2
3 3.08.100 Council approval required. Contracts for professional services
4 exceeding ten thousand dollars, bids exceeding twenty -five thousand dollars and all real
5 property leases must be submitted to the County Council for approval.
6
7 3.08.110 Unregistered or unlicensed contractors prohibited. No contract shall
8 be entered into or executed with any contractor who is not registered or licensed as required
9 by the laws of this state (except only as permitted under RCW 39.06.010 for highway
10 projects for contractors who have been pre - qualified as required under RCW 47.28.070).
11
12 3.08.120 Joint purchasing. The County may enter into agreements with the state
13 or with any agency, political subdivision, or unit of local government to purchase. goods or
14 services cooperatively. Joint purchasing services are hereby authorized and encouraged.with
15 any other municipal corporation in Whatcom County. Assistance to the participating
16 municipal corporation may be given in any way except that a sale or contract shall be
17 between the vendor and the participating municipal corporation and not Whatcom County.
18 Bids and quotes may be obtained jointly based on volume if it is in the County's best
19 interest to do so.
01
3.08.130. Amendments to chapter. The County Council reserves the exclusive
right to alter, amend, rescind, abrogate, delete, supersede or replace the provisions of this
Li chapter or any part thereof, in any manner not inconsistent with state law. Whether or not
24 the County Council takes action, the provisions of this chapter shall be deemed
25 automatically altered, amended, or superseded to conform to any mandatory state
26 administrative ruling or statute, as of the effective date of any such enactment appertaining
27 to the matters covered in this chapter, to the effect that the provisions of this chapter shall.
28 at all times conform to,-and never conflict with, said state laws and regulations.
29
30 3.08.140 Severability. If any provision of this chapter is held to be invalid, the
31 remainder of the chapter shall remain in effect.
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May 25, 1993
Substitute Ordinance