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Section 202.01 Department of Purchasing

Sections 202.02 - 202.03 Reserved.

Section 202.04 Department of Public Works

1. Before the Division of Public Utilities provides any public utilities or related services to the residents or entities of a municipality within Cuyahoga County, the Executive shall first receive consent from that municipality.
2. County Council shall approve any agreements, including agreements with the municipality, necessary for the County to provide public utilities and related services within the municipality.

Section 202.05 Department of Law

1. There is hereby established the Department of Law for Cuyahoga County, to be officially called “The Cuyahoga County Department of Law.”
2. For convenience, the Cuyahoga County Department of Law may also be referred to as the “Cuyahoga County Law Department” or the County’s “Law Department” in correspondence, legislation, or as is otherwise necessary or convenient.
3. For convenience, the Director of Law may also be referred to as the County’s “Law Director” in correspondence, legislation, or as is otherwise necessary or convenient, and the term “Law Director” shall be accorded the same meaning as “Director of Law.”
4. The Director of Law shall exercise all powers, duties, and responsibilities that s/he may exercise under the Cuyahoga County Charter, and s/he shall have all powers, duties, and responsibilities to advise and represent the County in all legal matters and proceedings. The Director of Law and, as the Director of Law deems appropriate, his/her designee(s) within the Department of Law shall have the power to waive conflicts of interest relating to the retention of outside counsel and Department attorneys and staff. If the Director of Law and all of his/her designee(s) are unable to grant such a waiver because they have a conflict of interest pursuant to the Ohio Code of Professional Conduct, the Inspector General or, as the Inspector General deems appropriate, his/her designee(s) shall have the power to waive such conflicts.
5. The powers, duties, and responsibilities of the Director of Law shall be broadly construed, and the listing of any specific powers, duties, or responsibilities of the Director of Law in this section or any other section of the Cuyahoga County Code shall not be construed to exclude any other powers, duties, or responsibilities of the Director of Law existent under the County Charter, its home rule powers, or the general law of the State of Ohio.
6. The Director of Law shall supervise and manage the Department of Law and may employ such number of deputies, assistants, and employees as s/he determines to be reasonably necessary to assist him/her in carrying out his/her powers and duties and as is consistent with approved budgetary parameters determined by Council.
7. The Department of Law shall contain the following divisions: (1) General Division and (2) Risk Management Division. The General Division shall contain the following sections: (a) Labor and Employment; (b) Open Meetings and Public Records; (c) Budget and Finance; (d) Legislation; (e) Contracting, Procurement and Real Estate; (f) Environmental; and (g) Charter and Constitutional Law. The specific goals, duties and activities of the Department’s divisions and sections shall be further determined by the Director of Law. Since all employees in the Law Department hold fiduciary relationships and regularly interact with sensitive and confidential information and materials, including materials and documents protected by the attorney-client privilege, all employees in every division and section in the Law Department are and shall remain at-will, unclassified employees. Nothing in Section 202.05 of the Cuyahoga County Code is intended to limit the ability of the County Executive and the Director of Law to abolish positions for the purpose of enhancing the efficiency of operations or any other reason permitted by law.

B. Department of Law’s Budget.

1. A proposed operating budget shall be presented to Council for approval at such time as the Director of Law and the County Council are able to create a schedule of estimated revenues and proposed expenditures for the Department of Law.
2. The requirement for a proposed budget shall not prohibit the Director of Law from proceeding with the creation and maintenance of the Department of Law, including the reasonable hiring of Department attorneys or other staff, while the proposed budget is being formulated. 

Section 202.06 Reserved.

Section 202.07 Sheriff's Department

A. The Sheriff’s Department is hereby established, and it shall be its own appointing authority pursuant to the relevant provisions of the Cuyahoga County Charter.

B. The Sheriff’s Department shall be under the direction of the County Sheriff. The Sheriff’s Department and its employees shall aid and assist the County Sheriff in carrying out the powers, duties, and responsibilities that are assigned to the Sheriff by the general law, the County Charter, and by County law. With the approval of the County Executive, the Sheriff shall employ and supervise such number of deputies, assistants, and employees as are reasonably necessary to carry out the Department’s functions. All employees assigned to the County Sheriff are hereby assigned to the Sheriff’s Department. Nothing in the Cuyahoga County Code is intended to limit the ability of the County Executive and the County Sheriff to abolish positions for the purpose of enhancing the efficiency of operations or for any other reason permitted by general law or County law.

C. The Sheriff’s Department shall include, but is not limited to, the following divisions:

1. Division of Civil Court Orders whose responsibility shall be to carry out court orders.
2. Division of Corrections whose responsibility shall be the administration and operation of the Cuyahoga County Corrections Center;
3. Division of Law Enforcement whose responsibility shall be the law enforcement duties of county sheriffs.
4. Division of Protective Services whose responsibility shall be the provision of security services for county offices and buildings where the County Sheriff determines that such services should be provided using County personnel. Protective Services Officers shall be considered County security personnel who are not law enforcement officers. The Sheriff shall determine the training necessary for the certification of Protective Services Officers. Such training shall, at a minimum, include satisfactory completion of programs that have been approved by the Ohio Peace Officer Training Commission designed to qualify persons for positions as security guards.

D. Authority to Carry Weapons:

1. Employees of the Sheriff’s Department who are authorized to carry weapons pursuant to general law shall comply with all state and federal laws governing certification and re-certification necessary to carry weapons.
2. Where general law does not govern the certification and re-certification of employees to carry weapons, the following provisions shall apply:
   a. The Sheriff may issue firearms, other intermediate weapons (e.g., pepper spray), and/or hard controls (e.g., handcuffs) to any employees in the Sheriff’s Department who are specifically pre-authorized by the Sheriff and are designated in the Department’s written policies and procedures. The Sheriff shall have the power to commission employees in the Sheriff’s Department to carry firearms if the employee has successfully completed the firearms training and requalification programs that are required by law for Deputy Sheriffs. The Sheriff may permit employees to carry intermediate weapons and hard controls if the employee has successfully completed required training as determined by the Sheriff.
3. The Sheriff shall ensure that the Department’s continuum of force policy applies to all employees who carry weapons. All employees who carry weapons shall properly secure firearms or other weapons, while on duty and off as required by the Sheriff.
   
   (Ordinance No. O2013-0015, Enacted 7/23/2013, Effective 7/30/2013)
   
   

Section 202.08 Department of Development

Section 202.09 Department of Housing and Community Development

A. There is hereby established the Department of Housing and Community Development. To address the housing needs of all persons and communities within Cuyahoga County, the Department shall, without limitation:

1. Periodically, but no less frequently than once every five years beginning in the last quarter of 2023:
   a. review the housing needs that exist in Cuyahoga County and determine the funding types and levels needed to implement the programming to address those needs;
   b. convene housing stakeholders at all levels throughout the community to facilitate development of a county-wide housing policy to address the evolving housing needs of the community.
2. Provide healthy and inclusive programming that strengthens and enhances the livability and quality of life in the neighborhoods and communities throughout Cuyahoga County.

B. The Department of Housing and Community Development shall be under the supervision of the County Executive and the Director of Housing and Community Development. The Director of Housing and Community Development shall be appointed by the County Executive, subject to confirmation by Council in accordance with Section 2.03(2) of the Charter.

C. The Department of Development Division of Fiscal Services shall provide fiscal and other related services to the Department of Housing and Community Development including, at the direction of the Director of Housing and Community Development, administration of all funds directly related to housing and community development.

(Ordinance No. O2023-0007, Enacted 4/27/2023, Effective 4/28/2023)

Section 202.10 Department of Health and Human Services

1. There is hereby established the Department of Health and Human Services. The duties, functions, and employees of the former Departments of Children & Family Services, Employment & Family Services, Cuyahoga Support Enforcement Agency, and Senior & Adult Services, each of which have historically operated as its own department, shall be incorporated as three separate divisions within the Department of Health and Human Services. These divisions shall be known as Cuyahoga Job and Family Services, Children and Family Services, and Senior and Adult Services. Each of these divisions will be supervised by a Director who will report to the Director of Health and Human Services.
2. The Department of Health and Human Services shall also contain the Community Initiatives Division, consisting of the Family and Children First Council, the Office of Early Childhood, the Office of Homeless Services, and the Office of Re-entry.
3. The Department of Health and Human Services shall also contain the Office of the Director.
4. The Director of Health and Human Services is hereby authorized to employ and supervise directors, deputies, assistants and employees as shall be conducive to the efficient performance of the duties of the Department of Health and Human Services and is consistent with approved budgetary parameters determined by Council.
5. After the effective date of this ordinance, and except as otherwise set forth herein, the Directors of Children and Family Services, Cuyahoga Job and Family Services and Senior and Adult Services shall be appointed by the County Executive, subject to confirmation by the Council in accordance with Section 2.03(2) of the Charter, and shall be the heads of their respective agencies.
   
   Any current Directors of Children and Family Services, Cuyahoga Job and Family Services and Senior and Adult Services, at the time this ordinance is passed, shall be deemed confirmed in accordance with this paragraph E unless the Council President requests in writing to the County Executive within sixty (60) days of the passage of this ordinance that one or more of the current Director(s) be appointed by the County Executive and be confirmed by Council.
6. Health and Human Services Planning Process

1. The County Executive and the Director of Health and Human Services shall prepare and present to Council by July 1, 2017, a proposed five-year Health and Human Services Plan which may include any or all of the following elements and any other elements at the discretion of the Director of Health and Human Services:
   1. A map showing what health and human services are currently available in Cuyahoga County and who provides them;
   2. An identification of needs and gaps in Cuyahoga County’s health and human services and an assessment of the adequacy of current funding sources to meet those needs and gaps;
   3. A statement of priorities and goals for the Department of Health and Human Services;
   4. Identification of best strategies for implementing a prevention-oriented approach designed to reduce long-term demand for services;
   5. A plan for creating more effective collaborations among the divisions of the Department of Health and Human Services and community agencies to achieve greater efficiency, reduce overlap, and more accessible intake procedures, while also ensuring compliance with all applicable laws related to information sharing;
   6. Identification of strategies for making better use of technology and business improvement models to improve service delivery;
   7. Identification of strategies for helping people gain well-compensated employment and economic self-sufficiency through collaboration among the health and human services system and other large systems in our community, including workforce development, economic development, education, criminal justice, and others as appropriate; and
   8. Identification of measurement strategies to assess progress made in achieving the priorities and goals set forth in the plan
2. The Director of Health and Human Services is encouraged to facilitate involvement by members of County Council, other stakeholders, and the public during the planning process.
3. No later than ninety days after the plan is presented to Council, the Council may adopt the plan with such changes as the Council and the Executive shall agree upon prior to adoption. If the Council fails to act within ninety days, the plan shall become effective as presented.
4. The County Executive and the Director of Health and Human services shall present a revision of the five-year Health and Human Services plan every four years after the presentation of the original plan and may at their sole discretion present revisions in the interim. Revisions of the Health and Human Services Plan shall be reviewed by Council as provided in paragraph (E)(3) of this Section.
5. The Director of Health and Human Services, under the direction of the County Executive, may contract for professional services to assist in preparing the Health and Human Services Plan, consistent with the procedures for contracting, procurement, and budgeting provided in Title 5 and Title 7 of this Code.
6. The Director of Health and Human Services shall maintain a copy of the current Health and Human Services Plan and each prior plan that became effective on the appropriate County website.

G. Nothing in Section 202.10 of the Cuyahoga County Code is intended to limit the ability of the County Executive and the Director of the Department of Health and Human Services to abolish positions for the purpose of enhancing the efficiency of operations or for any other reason permitted by general law.

H. Displacement rights following the abolishment of a position within the Department of Health and Human Services are hereby delineated and wholly defined as displacement within the Division to which each employee is assigned (i.e., the Division of Children and Family Services; the Division of Senior and Adult Services; Cuyahoga Job and Family Services; or, the Division of Community Initiatives Services). In the case of the employees of the Office of the Director, displacement rights shall be limited to that office.

1.  No employee within the Department of Health and Human Services may displace another employee who has more retention points, regardless of the classification of either employee.
2. Section 202.10 of the Cuyahoga County Code specifically overrides any and all conflicting ordinances, as well as the provision set forth in OAC 123:1-41-12(E) that creates an additional displacement category for employees of county departments of job and family services defined as displacement in classifications previously held. Unless provided for otherwise in a collective bargaining agreement, in which case the terms of the agreement shall apply, employees in the Department of Health and Human Services shall have only those displacement rights contained herein.

(Ordinance Nos. O2022-0001 , Enacted 4/26/2022, Effective 4/29/2022;  O2016-0011, Enacted 9/13/2016, Effective 10/7/2016; O2013-0004, Enacted 5/28/2013, Effective 5/31/2013; O2012-0029, Enacted 10/23/2012, Effective 10/24/2012; O2011-0045, Enacted 10/11/2011, Effective 10/12/2011)

Section 202.11 Reserved.

Section 202.12 Department of Public Safety and Justice Services

A. The Department of Public Safety and Justice Services is hereby officially established, and it shall be its own appointing authority pursuant to Section 9.04 of the Cuyahoga County Charter.

B. The duties, functions, and employees of the former Department of Justice Affairs, which has historically operated as its own department, are hereby incorporated into the herein established Department of Public Safety and Justice Services. The Department of Public Safety and Justice Services shall contain the following divisions:

1. Administration
2. Fiscal and Grant Services
3. Cuyahoga Emergency Communications System (CECOMS)
4. Emergency Management
5. Witness Victim Services
   
   In addition to the duties and activities carried out by its divisions, the Department of Public Safety and Justice Services may enter into a partnership with a non-county agency, through agreement or memorandum of understanding, to establish ongoing programs or operations that further the mission and goals of the Department.

C. The specific goals, duties, and activities of the Department of Public Safety and Justice Services and its divisions shall be further determined by the County Executive who shall employ and supervise a Director and such number of deputies, assistants, and employees as shall be reasonably necessary in carrying out the duties of the new Department of Public Safety and Justice Services. Nothing in Section 202.12 of the Cuyahoga County Code is intended to limit the ability of the County Executive and the Director of the Department of Public Safety and Justice Services to abolish positions for the purpose of enhancing the efficiency of operations or for any other reason permitted by general law.

(Ordinance Nos. O2017-0008, Enacted 2/26/2019, Effective 3/1/2019; O2011-0037, Enacted 9/13/2011, Effective 9/14/2011)

Section 202.13 Department of Regional Collaboration

Section 202.14 Department of Communications

Section 202.15 Department of Information Technology

Section 202.16 Department of Consumer Affairs

A. The Cuyahoga County Department of Consumer Affairs

1. There is hereby established the Department of Consumer Affairs for Cuyahoga County under the supervision of the County Executive and the Fiscal Officer.
2. The official title of the department established in this section shall be the “Cuyahoga County Department of Consumer Affairs.”
3. For convenience, the Cuyahoga County Department of Consumer Affairs may also be referred to as the County’s “Department of Consumer Affairs” or “Consumer Affairs Department” in correspondence, legislation, or as is otherwise necessary or convenient.
4. The Department of Consumer Affairs shall consist of the following divisions: (a) Weights and Measures, and (b) Consumer Protection.
5. The Department of Consumer Affairs shall have jurisdiction over all consumer transactions which take place within Cuyahoga County, regardless of the residence of any of the persons directly or indirectly affected by such transaction, unless prohibited by the Charter or general law.
6. The functions, employees, duties and responsibilities of the former Department of Weights and Measures are hereby incorporated into the Department of Consumer Affairs.
7. The duties and responsibilities of the Division of Consumer Protection shall include:
   a. Protecting and promoting the welfare of County consumers:
   b. Promoting consumer/financial literacy and asset building in Cuyahoga County;
   c. Receiving and investigating complaints and initiating its own investigation of alleged violations of consumer protection or weights and measures laws as provided by Cuyahoga County or the Ohio Revised Code, the Ohio Administrative Code, and other applicable consumer laws as amended, or referring such violations to the Cuyahoga County Prosecutor, Ohio Attorney General, or other agencies if appropriate;
   d. Educating consumers and businesses about laws related to consumer protection;
   e. Mediating disputes between consumers and businesses related to consumer protection complaints;
   f. Collaborating with businesses, non-profit organizations and government agencies on programs related to consumer affairs issues;
   g. Advising, when requested, the County Executive and the County Council on policies and programs related to consumer protection; and
   h. Such other duties and responsibilities as provided by Ordinance of Cuyahoga County.

B. The Director of Consumer Affairs

1. There shall be a Director of Consumer Affairs who shall lead the Department of Consumer Affairs. The Director shall have thorough knowledge of county, state, and federal consumer protection laws; experience in the areas of consumer protection and education, the promotion of fair business practices, and the investigation, mediation and resolution of consumer complaints and issues; demonstrated knowledge, skills and abilities required in managing a division within a consumer affairs organization including directing budget, personnel, fiscal, supply and other administrative functions of an organization; and experience establishing collaborative relationships with business, non-profit and public entities for the purpose of addressing consumer protection issues.
2. The Director of Consumer Affairs shall be responsible for fulfilling the duties of the Department of Consumer Affairs and is authorized to hire personnel in the Department of Consumer Affairs to aid and assist the Director in the proper discharge of his or her duties and powers, subject to the approval of the County Executive; consistency with the Human Resources policies and procedures of the County, the County Charter and general law; and budgetary constraints set by County Council and the County Executive.

(Ordinance No. O2018-0002, Enacted 4/24/2018, Effective 5/25/2018; O2011-0053, Enacted 12/11/2012, Effective 1/11/2013)

Section 202.17 Reserved.

Section 202.18 Department of Sustainability

A. The Cuyahoga County Department of Sustainability

1. There is hereby established the Department of Sustainability for Cuyahoga County under the supervision of the County Executive and the Director of Sustainability. The Department shall be its own appointing authority pursuant to the County Charter and County Code.
2. The Department of Sustainability shall have the following functions:
   a. Promoting environmentally sustainable business practices in the internal operations of the County;
   b. Collaborating with businesses, non-profit organizations, political subdivisions and government agencies to develop programs incorporating environmentally sustainable methods into accepted practice;
   c. Promoting economic development to support businesses that provide environmentally sustainable goods and services;
   d. Educating the public about environmentally sustainable practices;
   e. Advising, when requested, the County Executive and the County Council on policies and programs related to environmental sustainability; and
   f. Coordinate and collaborate with other directors and departments to achieve operational efficiencies and to eliminate redundancy within County government.

B. The Director of Sustainability

1. There shall be a Director of Sustainability who shall be appointed by the County Executive, subject to confirmation by Council. The Director of Sustainability shall serve at the pleasure of the County Executive and shall lead the Department of Sustainability. The Director of Sustainability shall possess the following qualifications:
   a. demonstrated knowledge of county, state, and federal environmental regulation;
   b. experience in the finance and administration of public or private- sector sustainability projects; and
   c. experience establishing collaborative relationships with business, non-profit and public entities.
2. The Director of Sustainability shall be responsible for fulfilling the duties of the Department of Sustainability and may employ such number of deputies, assistants, and employees as s/he determines to be reasonably necessary to assist him/her in carrying out his/her powers and duties and as is consistent with approved budgetary parameters determined by Council.

C. County Sustainability Plan

1. The Department of Sustainability shall prepare and present to Council by September 1, 2017 a proposed five-year Sustainability Plan to achieve the objectives identified in paragraph (A)(2) of this section. If the Council shall fail to adopt the proposed plan, with such changes as the Council shall deem advisable, within sixty days of its presentation to the Council, the plan shall be deemed to be adopted. The Sustainability Plan shall be reviewed and revised as needed, but not less than once every five years in accordance with the foregoing procedures.
2. The Clerk of Council shall maintain a copy of all versions of the Cuyahoga County Sustainability Plan on the Council’s website.

(Ordinance Nos. O2016-0008, Enacted 4/12/2016, Effective 5/13/2016; O2014-0023, Enacted 10/28/2014, Effective 12/6/2014)

Section 202.19 Office of the Executive-elect

Section 202.21 Department of Equity and Inclusion

A. The Department of Equity and Inclusion is hereby established under the supervision of the County Executive and the Fiscal Officer.

B. The Department of Equity and Inclusion shall be supervised and managed by the Director of Equity and Inclusion.

1. The Director of Equity and Inclusion shall be appointed by the County Executive, subject to Council approval in accordance with Section 2.03(2) of the Charter.
2. The Fiscal Officer may employ such persons as may be reasonably necessary, within budget parameters established by the Executive and Council, to assist the Director of Equity and Inclusion in carrying out the duties and responsibilities of the Department of Equity and Inclusion. The Director of Equity and Inclusion shall not be an appointing authority for purposes of the Charter or Ohio general law.

C. The Department of Equity and Inclusion shall be responsible for enhancing equity in program and policy development within County government by coordinating with the County Equity Commission, the Citizens Advisory Council on Equity, and the various departments under the jurisdiction of the County Executive. The Department’s duties shall include, without limitation, the following:

1. increasing participation of minority- and women-owned business enterprises (MWBE) in County contracting and purchasing opportunities;
2. working with the Office of Innovation and Performance, develop metrics and reports regarding whether County agencies meet or exceed their MWBE contracting goals;
3. working with the Human Resources Department, develop and implement programs, training, and assessment to build a culture of equity with respect to race, gender and sexual orientation throughout County government, including in hiring and promotion;
4. serving as an ombudsman to accept and evaluate inquiries and complaints from the general public with regard to implementation of the County’s equity initiatives and to coordinate and facilitate community input.

D. The Director of Equity and Inclusion reserves the right and discretion to recommend rejecting any bid or proposal based on the evaluation of same for compliance with any MWBE program established in accordance with this Section or any equity or inclusion program otherwise provided for in the County Code.

(Ordinance No. O2021-0007, Enacted 5/25/2021, Effective 5/25/2021)