Chapter
33. DEPARTMENTS, BOARDS, AND
COMMISSIONS
Section
30.01
Designation of legislative body and town executive
Passage of Ordinances
30.21
Majority vote; two-thirds vote
' 30.01 DESIGNATION OF LEGISLATIVE BODY AND TOWN EXECUTIVE.
The Town Council elected under this chapter
is the town legislative body. The
President of the Town Council selected under ' 30.06
of this chapter is the town executive.
(IC 36-5-2-2)
(A) The current Town Council shall
continue to serve in such capacity until their terms shall expire at noon on
January 1, 1996.
(B) The term of each Councilmember
elected by the election held on the first Tuesday after the first Monday in
November, 1995 shall commence at noon on January 1, l996 and shall continue for
the four years following. Each election
of a Councilmember provided for herein shall be for a term of four years which
shall run concurrently with the four year terms of all other Council members
elected at the election immediately preceding the commencement of their
respective term.
(C) In the event that a
Councilmember shall, for any reason, become disqualified, or otherwise unable to
complete the four-year term to which he was elected, a successor shall be
selected according to the laws of the state to complete the unexpired four-year
term.
(Ord. 8209, passed 12-20-82; Am. Ord. 9205,
passed 12-29-92)
Statutory reference:
Terms of members, see IC 36-5-2-3
(A) The Town Council may, by
ordinance, divide the town into districts for the purpose of conducting
elections of town officers. The
ordinance must divide the town in the manner
prescribed in IC 36‑5‑1‑10.1. The ordinance may be appealed in the manner prescribed by
IC 34-4-17.5-1 through 34-4-17.5-8.
If the town is located in two or more counties, the appeal may be filed
in the circuit or superior court of any of those counties.
(B) The division permitted by
division (A) shall be made in 1982 and every ten years after that. The division may also be made in any other
year, except that it may not be made after January 1 in a year in which an
election of town officers is to be held.
(IC 36-5-2-4.1)
(A) A Town Council shall consist
of five individuals duly nominated and elected pursuant to '' 12.01, 30.02 and 30.04 and state law.
(B) Each Councilmember shall be
elected at large by all of the voters of the town.
(C) The time for holding the
election of the Town Council members shall be the first Tuesday after the first
Monday in November, 1995 and thereafter election of the Town Council members
shall be held on the first Tuesday after the first Monday of every fourth year.
(Ord. 8209, passed 12-20-82; Am. Ord. 9205,
passed 12-29-92; Am. Ord. 0405, passed 11-8-04)
Statutory reference:
Elections, see IC 36-5-2-5
(A) A member of the Town Council
who is elected by the voters of a district forfeits his office if he ceases to
be a resident of the district.
(B) An at large member of the Town
Council forfeits his office if he ceases to be a resident of the town.
(IC 36-5-2-6)
The Town Council shall select one of its
members to be its president for a definite term, which may not exceed his term
of office as a member of the Town Council.
(A) The Town Clerk-Treasurer is
the clerk of the Town Council.
(B) Whenever the Town Council has
an even number of members for any reason, the Clerk-Treasurer is an ex officio
member for the purpose of casting the deciding vote to break a tie.
(IC 36-5-2-8)
The Town Council may:
(A) Adopt ordinances and
resolutions for the performance of functions of the town;
(B) Purchase, hold, and convey any
interest in property, for the use of the town; and
(C) Adopt and use a common seal.
(IC 36-5-2-8)
A majority of all the elected members of the
Town Council constitutes a quorum.
(IC 36-5-2-9.2)
' 30.21 MAJORITY VOTE; TWO-THIRDS VOTE.
(A) A requirement that an
ordinance, resolution, or other action of the Town Council be passed by a
majority vote means at least a majority vote of all the elected members.
(B) A requirement that an
ordinance, resolution, or other action of the Town Council be passed by a
two-thirds vote means at least a two-thirds vote of all the elected members.
(IC 36-5-2-9.4)
(C) A majority vote of the Town
Council is required to pass an ordinance, unless a greater vote is required by
statute.
(IC 36-5-2-9.6)
(D) A two-thirds vote of all the
elected members, after unanimous consent of the members present to consider the
ordinance, is required to pass an ordinance of the Town Council on the same day
or at the same meeting at which it is introduced.
(IC 36-5-2-9.8)
(A) An ordinance, order, or
resolution passed by the Town Council is considered adopted when it is signed by
the President of the Town Council. If
required by statute, an adopted ordinance, order, or resolution must be
promulgated or published before it takes effect.
(B) An ordinance prescribing a
penalty for a violation must, before it takes effect, be published in the
manner prescribed by IC 5-3-l, unless:
(l) It is published under
IC 36-l-5; or
(2) It declares an emergency
requiring its immediate effectiveness and is posted in one public place in each
district in the town.
(C) This section does not apply to
a zoning ordinance or amendment to a zoning ordinance, or a resolution
approving a comprehensive plan, that is adopted under IC 36-7.
(IC 36-5-2-10)
(A) Within a reasonable time after
an ordinance of the Town Council is adopted, the Clerk-Treasurer shall record
it in a book kept for that purpose. The
record must include:
(l) The signature of the
executive;
(2) The attestation of the
Clerk-Treasurer; and
(3) The date of each recorded
item.
(B) The record or a certified copy
of it constitutes presumptive evidence of the adoption of the ordinance.
(IC 36-5-2-10.2)
CHAPTER 31: OFFICERS AND EMPLOYEES
Section
31.03
Delivery of records to successor
31.05
Law Enforcement Continuing Education Fund
31.07
Bus, rail and air travel
Town Manager
31.24
Issuance of warrants prohibited
Clerk and Treasurer
31.40
Service as clerk and fiscal officer
31.43
Oaths; depositions; acknowledgments
Town Marshal
31.60
Appointment; compensation
31.63
Service as Street Commissioner and Fire Chief
31.64
Deputy marshals; humane officer
(A) The Town Council shall, by
ordinance, fix the compensation of its own members, the Town Clerk-Treasurer,
and the Town Marshal. The Town Council
shall provide reasonable compensation for other town officers and employees.
(B) The compensation of an elected
town officer may not be changed in the year for which it is fixed, nor may it
be reduced below the amount fixed for the year l980.
(C) The Town Council may provide
that town officers and employees receive additional compensation for services
that:
(l) Are performed for the town;
(2) Are not governmental in
nature; and
(3) Are connected with the
operation of a municipally owned utility or function.
Subject to the approval of the Town Council,
the administrative agency operating the utility or function shall fix the
amount of the additional compensation, which shall be paid from the revenues of
the utility or function.
(IC 36-5-3-2)
Cross-reference:
Allowance of payment of salaried employee's
wages, see ' 32.24
' 31.02 ADVANCE OF VACATION PAY.
One to three days before the vacation leave
period of a town officer or employee begins, the town may pay him the amount of
compensation he will earn while he is on vacation leave.
(IC 36-5-4-7)
' 31.03 DELIVERY OF RECORDS TO SUCCESSOR.
Each town officer shall deliver town records
and property in his custody to his successor in office when that successor
qualifies.
(IC 36-5-4-10)
' 31.04 REVOCATION OF LICENSES.
The President of the Town Council may revoke
or suspend any license issued by the town if the person holding the license has
violated the terms and conditions of the license or of the law under which it
was issued.
(IC 36-5-4-ll)
' 31.05
LAW ENFORCEMENT CONTINUING EDUCATION FUND.
(A) A
law enforcement continuing education fund is established in the town pursuant
to IC 5-2-8-1 through 5-2-8-6.
(B) All
receipts and disbursements of the fund shall be regulated by and in conformity
with IC 5-2-8-1 through 5-2-8-6.
(Ord. 9103, passed 4-8-91)
' 31.06
PRIVATE VEHICLE MILEAGE.
(A) Reimbursement
mileage shall not include travel to and from the official's or employee's home
and the governmental office in which he or she works.
(B) Whenever
more than one employee or official attends the same conference or training
session, only one shall be reimbursed for mileage, unless extenuating
circumstances are justified in writing to the Town Council.
(C) Rate
of reimbursement for a calendar year shall be the rate in effect on January 1
of the year, as established by the United States Internal Revenue Service.
(D) Reimbursement
rate includes all transportation expenses related to transportation except
required highway tolls and parking fees.
(E) Reimbursement
claims shall be submitted on State Board of Accounts‑approved forms, and
accompanied by paid receipts for tolls and parking.
(Ord. 0503, passed 10‑10‑05)
' 31.07
BUS, RAIL AND AIR TRAVEL.
(A) Reimbursement
for bus, rail and air travel for town‑required business shall be at the
actual rate for coach class.
(B) Reimbursement
claims shall be submitted on State Board of Accounts‑approved forms, and
shall be accompanied by an itemized receipt showing the class of seat and the
specific charges.
(Ord. 0503, passed 10‑10‑05)
' 31.08
SUBSISTENCE ALLOWANCE.
(A) The
maximum subsistence allowance for lodging and food, which may be paid to an
employee or official in official travel status, shall be as follows:
(1) Lodging:
per day or 24‑hour actual single‑room rate in the hotel or motel;
(2) Food:
not included in registration fees, $50 per diem.
(B) The
town shall not reimburse payments for in‑room movies, in‑room
beverage or snack bars, alcoholic drinks, tips and personal phone calls.
(C) Reimbursement
claims shall be submitted on State Board of Accounts‑approved forms, and
shall be accompanied by itemized receipts.
(Ord. 0503, passed 10‑10‑05)
The Town Council may employ a Town Manager to
be the administrative head of the town government and may fix his compensation
and terms of employment. The Manager
may be employed to serve:
(A) At the pleasure of the Town
Council; or
(B) For a definite tenure not to
exceed the longest remaining
term in office of a member of the Town
Council; in which case he may be dismissed only for cause.
(IC 36-5-5-2)
(A) The Town Council may not
employ one of its members as the Manager.
(IC 36-5-5-3)
(B) The Manager must, in the
manner prescribed by IC 5-4-l-l.l through 5-4-l-17, execute a bond for the
faithful performance of his duties.
(IC 36-5-5-5)
The Town Council of two or more towns may
employ the same person as the Manager of their respective towns.
(IC 36-5-5-4)
The Town Council may appoint a qualified
person to perform the duties of the Manager whenever he is absent or unable to
perform his duties.
(IC 36-5-5-6)
' 31.24 ISSUANCE OF WARRANTS PROHIBITED.
The Town Council may not authorize the
Manager to issue or execute bonds, notes, or warrants of the town.
(IC 36-5-5-7)
The Manager, under the direction of the Town
Council, is responsible for the administrative duties of the Town Council.
Unless a written order or ordinance of the Town Council provides otherwise, the
Manager:
(A) Shall attend the meetings of
the Town Council and recommend actions he considers advisable;
(B) Shall hire town employees
according to the pay schedules and standards fixed by the Town Council or by
statute;
(C) Shall suspend, discharge,
remove, or transfer town employees, if necessary for the welfare of the town;
(D) May delegate any of his powers
to an employee responsible to him;
(E) Shall administer and enforce
all ordinances, orders, and resolutions of the Town Council;
(F) Shall see that all statutes
that are required to be administered by the Town Council or a town officer
subject to the control of the Town Council are faithfully administered;
(G) Shall prepare budget estimates
and submit them to the Town Council when required;
(H) Shall execute contracts on
behalf of the town for materials, supplies, services, or improvements, after
the completion of the appropriations, notice, and competitive bidding required
by statute; and
(I) May receive service of summons
on behalf of the town.
(IC 36-5-5-8)
' 31.40 SERVICE AS CLERK AND FISCAL OFFICER.
The Clerk-Treasurer elected under this
chapter is both the town clerk and the town fiscal officer.
(IC 36-5-6-2)
The term of office of the Clerk-Treasurer is
four years, beginning at noon on January l after his election and continuing
until his successor is elected and qualified.
(IC 36-5-6-3)
The Clerk-Treasurer shall be elected by the
voters of the whole town.
(IC 36-5-6-4)
' 31.43 OATHS; DEPOSITIONS; ACKNOWLEDGMENTS.
The Clerk-Treasurer may administer oaths,
take depositions, and take acknowledgments of instruments required by statute
to be acknowledged.
(IC 36-5-6-5)
The Clerk-Treasurer shall:
(A) Receive and care for all town
monies, and pay them out only on order of the Town Council;
(B) Keep accounts showing when and
from what sources he has received town monies, and when and to whom he has paid
out town monies;
(C) File each month with the Town
Council a statement showing the
receipts and disbursements of the town
treasury for the preceding month and the balance remaining in each town fund;
(D) Keep his records open for
inspection by the Town Council or a person appointed by the Town Council for
that purpose;
(E) Maintain custody of the town
seal and the records of the Town Council;