§ 20.110. Mayoral transition.

(a)

The Council declares it to be the purpose of this Section to promote the orderly transfer of the executive authority in connection with the expiration of the term of office of a Mayor and the inauguration of a new Mayor. It is the intent of the Council that appropriate actions be taken to avoid or minimize disruption in the activities of the Consolidated Government during these transitions. In addition to the specific provisions contained in this Section directed toward this purpose, it is the intent of the Council that all officers of the Consolidated Government so conduct the public business for which they are responsible as (1) to be mindful of the problems occasioned by transitions in the office of Mayor, (2) to minimize disruptions that might be occasioned by the transfer of the executive authority and (3) otherwise to promote orderly transitions in the office of Mayor.

(b)

The following services and facilities are authorized to be provided to the Mayor-elect:

(1)

The Director of Finance and Administration, Public Works, as applicable are authorized to provide, upon request, to the Mayor-elect, for use in connection with his preparations for the assumption of official duties as Mayor, necessary services and facilities, including:

(i)

Suitable office space appropriately equipped with furniture, furnishings, office machines and equipment, and office supplies, as determined by the Mayor-elect or his representative provided for in subsection (d) of this Section, either in public buildings or in privately owned buildings leased by the City for this purpose. In the case of office space provided in privately owned buildings leased by the City, the lease shall provide that the term of the lease shall expire on the day before the Mayor-elect assumes office as Mayor and that the rent paid for the leased space shall not exceed the usual rent paid by the City for similar office space for other public purposes.

(ii)

Payment of the compensation of personal aides designated by the Mayor-elect at rates determined by him; provided, that an employee of a City agency may be detailed to the office staff of the Mayor-elect on a reimbursable basis with the consent of the agency head and, while so detailed, the employee shall be responsible only to the Mayor-elect for the performance of his duties; and further provided, that an employee so detailed shall continue to be a City employee and receive the compensation provided for his regular employment and shall retain the rights and privileges of his employment without interruption. Except for employees detailed from City agencies, personal aides designated by the Mayor-elect shall not be held or considered to be City employees for any reason whatsoever, unless otherwise required by law.

(iii)

Payment of travel expenses and subsistence allowances found necessary by the Mayor-elect, subject to the limitations and conditions of Part 7, Chapter 106. For the purposes of travel expense reimbursement, the Mayor-elect shall be considered the approving authority.

(iv)

Communications services found necessary by the Mayor-elect. These services shall be provided by the Communications Division, unless the Communications Officer certifies that the services cannot be provided by the Division, when the Director is authorized to procure the services from other suppliers as provided in the Purchasing Code.

(v)

The use of the postal facilities of the City and of the interoffice mail system for official communications by the Mayor-elect. These facilities may not be used by the Mayor-elect in connection with any matter not directly connected with his assumption of office.

(vi)

Payment of expenses for the procurement of services of experts or consultants for the Mayor-elect. These services shall be procured in accordance with the Purchasing Code.

(2)

The Director shall expend funds for the provisions of services and facilities under this Section in connection with obligations incurred by the Mayor-elect only during the period commencing on the day following the general Consolidated Government election at which the Mayor-elect is elected and ending on the day before the Mayor-elect assumes office as Mayor, and not before or after this period. Obligations incurred by the Mayor-elect during this period may be paid by the Director after the Mayor-elect assumes office as Mayor.

(c)

As used in this Section, Mayor-elect means a person who is the apparent successful candidate for the office of Mayor, as ascertained by the Election Canvassing Board under Section 350.112. The term also applies to the Council President when the Mayor has resigned from office but the resignation will take effect at some time after the date on which it is submitted and the period mentioned in subsection (b)(2) of this Section shall commence on the day after the day the resignation is submitted and end on the day before the Council President assumes office as Mayor.

(d)

The Mayor-elect may designate to the Director one person authorized to make on his behalf such designations or findings of necessity as may be required in connection with the services and facilities to be provided under this Section. The Mayor-elect may withdraw this authorization at any time and name another person as his authorized representative.

(e)

In the case where the Mayor-elect is the incumbent Mayor, there shall be no expenditure of funds for the provision of services and facilities under this Section and funds appropriated for this purpose shall be returned to the Treasury as unappropriated funds.

(f)

The Director is authorized to provide, upon request, to the former Mayor, for a period not to exceed six months from the date of the expiration of his term of office as Mayor, for use in connection with the winding up of the affairs of his office, necessary services and facilities of the same general character as authorized by this Section to be provided to the Mayor-elect. City employees may be detailed to the office staff of the former Mayor under the provisions and limitations of subsection (b)(1)(ii) of this Section. The provisions of this subsection shall be applicable to a Mayor who resigns before the expiration of his term of office as Mayor, except in the case of a resignation while the Mayor is charged with the commission of a crime involving the performance of his official duties. The provisions of this subsection shall not be applicable to a Mayor who is removed from office for any reason whatsoever.

(g)

The following funds are hereby authorized to be appropriated to carry out the purposes of this Section:

(1)

Not more than $50,000 for the use of the Mayor-elect under the provisions of subsection (b) of this Section.

(2)

Not more than $25,000 for the use of the former Mayor under the provisions of subsection (f) of this Section.

The Mayor shall include in the legislative budget transmitted to the Council for the fiscal year in which the regular term of office of the Mayor will expire a proposed appropriation for carrying out the provisions of this Section. In the case of the resignation of the Mayor before the expiration of his term of office, a supplemental appropriation request may be transmitted to the Council by the Mayor for carrying out the provisions of this Section.

(h)

It shall be the duty of an outgoing Mayor to transmit to the Mayor-elect during the transition process a written document outlining the City's current responsibilities and obligations for provision of services under the terms of the various interlocal agreements between the City and Urban Service Districts 2, 3, 4 and 5. The Mayor-elect shall ensure that each department, division, or office within the City government that manages, oversees or has direct or indirect responsibilities regarding the coordination, management, oversight of, or provision of services pursuant to those interlocal agreements provides appropriate training to the staff designated for management, coordination and/or oversight of such functions to ensure their understanding of the components of each of the particular interlocal agreements and the City's responsibilities for continuity of service provision under those interlocal agreements.

(Ord. 83-591-400, § 1; Ord. 2010-557-E, § 11.5; Ord. 2011-732-E; Ord. 2015-1-E , § 1; Ord. 2016-140-E , § 16)

Editor's note

Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.