This Chapter establishes the City’s procedures for the promulgation of administrative rules by the City Administrator and may be referred to as the “Administrative Code” of the City. 

As used in this Chapter, the following definitions apply:

1. A.Administrative rule means a binding requirement, regulation, or procedure that is formally adopted by the City Administrator pursuant to rule-making authority granted by the Charter or delegated by the Council. This definition excludes Bureau Policies. An administrative rule must be labeled as or state in its text that it is an “Administrative Rule.”
2. B.External administrative rule means an administrative rule that is intended to be binding on persons not working on behalf of the City and generally includes all administrative rules other than internal administrative rules.
3. C.Internal administrative rule means an administrative rule for City employees relating to City employment and the performance of duties on behalf of the City. Internal administrative rules may apply to interns (paid or unpaid), volunteers, applicants for employment with the City, and contractors providing services to the City.
4. D.Proposed rulemaking means the process to adopt, amend, or repeal any administrative rule.

The City Administrator may adopt, amend, and repeal rules as necessary or expedient for the conduct of the City as authorized by Code or Charter. The City Administrator has the discretion to determine if an administrative rule is external or internal.

1. A. The City Administrator will provide notice of proposed rulemaking for external administrative rules by:
   1. 1. Making copies of the notice available to any person who provided the City Administrator a written request to receive such notice;
   2. 2. Posting the notice on the City's website not fewer than 30 calendar days prior to the rule’s adoption in a location accessible to the public; and
   3. 3. Providing a copy of the notice to the Council.
2. B. The City Administrator will provide notice of proposed rulemaking for internal administrative rules by:
   1. 1. Posting the notice on the City's intranet and emailing the notice to the City-wide employee email distribution list not fewer than 30 calendar days prior to the rule’s adoption; and
   2. 2. Providing a copy of the notice to the Council.
3. C. The notice for all administrative rules must include:
   1. 1. A link to the proposed rule;
   2. 2. A description of the procedure and deadline to submit data or written comment to the proposed rule;
   3. 3. The legal authority for the proposed rule;
   4. 4. A list of relevant documents, reports, or studies and the location where they can be inspected; and
   5. 5. The date the rule will take effect.
4. D. Any person may request the City Administrator send copies of notices of proposed external rulemaking pursuant to Subsection A. of this Section. Upon receipt, the City Administrator will acknowledge the request, establish a mailing list, and maintain a record of all mailings made to persons submitting such requests. 

1. A. The City Administrator will consider all timely submitted comments on a proposed administrative rule.
2. B. The City Administrator may, but is not required to:
   1. 1. Make changes to the proposed administrative rule in response to comments received; or
   2. 2. Re-notice the rulemaking or change the rulemaking timeline.
3. C. For an external administrative rule, the City Administrator will post an overall summary of the comments received and the City Administrator’s response.

The City Administrator may, without prior notice or comment:

1. A. Rearrange, renumber, re-letter, capitalize, punctuate, and divide provisions of any administrative rule;
2. B. Correct clerical errors and omissions and insert captions in accordance with the meaning and intent of the administrative rule;
3. C. Make changes to procedural requirements of an administrative rule that do not fundamentally change the substantive content of the administrative rule;
4. D. Delete parts of an administrative rule that have become inoperative or that a court of competent jurisdiction determines are invalid; and
5. E. Substitute any current title of a City official, bureau, office, program, board, or commission in lieu of the title originally appearing in the administrative rule in accordance with changes of title or duties subsequently made by law.

1. A. Unless otherwise required by law, an administrative rule does not need to be based upon or supported by an evidentiary record.
2. B. Unless the City Administrator specifies another date, an administrative rule that substantially complies with the provisions of this Chapter will take effect 30 days after the rule’s adoption. 

An administrative rule must include a statement of intent or purpose.  The statement may include authority, responsible parties, and enforcement, among other provisions. 

1. A. Temporary rules.
   1. 1. External Administrative Rules. The City Administrator may adopt a temporary external administrative rule or suspend all or part of an existing external administrative rule without notice or opportunity to comment if needed to implement the provisions of any new or amended ordinance upon the ordinance's effective date.
   2. 2. Internal Administrative Rules. The City Administrator may adopt a temporary internal administrative rule that creates new requirements or that modifies or suspends all or part of an existing internal administrative rule without notice or opportunity to comment when an administrative rule must be established sooner than the requirements for permanent rules allow.
2. B. Emergency administrative rules.The City Administrator may adopt, amend, or suspend all or part of any administrative rule without prior notice or opportunity to comment, or upon abbreviated notice and opportunity to comment, if the City Administrator determines it is necessary to avoid serious harm to the public interest. The City Administrator’s determination will be in writing and state the specific reasons for the emergency administrative rule.
3. C. Effective period. The adoption, amendment, or suspension of an administrative rule by the City Administrator under Subsections A. or B. of this Section will be effective for no more than 180 calendar days.  The City Administrator’s adoption of a rule under this Section does not preclude the City Administrator from subsequently adopting an identical permanent administrative rule.

Administrative rules and City policies in effect prior to the effective date of this Chapter, regardless of the individual or body that adopted them, remain in effect and fully enforceable until amended, repealed, or suspended as provided by this Chapter.