TOWN MANAGER

' 31.20 AUTHORIZATION; TERM.

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)

' 31.21 QUALIFICATIONS; BOND.

(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)

' 31.22 JOINT EMPLOYMENT.

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)

' 31.23 ACTING MANAGER.

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)

' 31.25 POWERS AND DUTIES.

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)

CLERK AND TREASURER

' 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)

' 31.41 TERM.

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)

' 31.42 ELECTION.

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)

' 31.44 POWERS AND DUTIES.

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;

(F) Issue all licenses authorized by statute;

(G) Serve as clerk of the Town Council by attending its meetings and recording its proceedings; and

(H) Perform all other duties prescribed by law.

(IC 36-5-6-6)

' 31.45 DEPUTIES AND EMPLOYEES.

The Clerk-Treasurer may appoint the number of deputies and employees authorized by the Town Council. The Clerk-Treasurer's deputies and employees serve at his pleasure.

(IC 36-5-6-7)

TOWN MARSHAL

' 31.60 APPOINTMENT; COMPENSATION.

The Town Council shall appoint a Town Marshal and fix his compensation.

(IC 36-5-7-2)

' 31.61 REMOVAL; DISCIPLINE.

The Marshal serves at the pleasure of the Town Council. However, before terminating or suspending a Marshal who has been employed by the town for more than six months after completing the minimum basic training requirements adopted by the law enforcement training board under IC 5-2-l-9, the Town Council must conduct the disciplinary removal and appeals procedure prescribed by IC 36-8-l-l through 36-8-2-13 for city fire and police departments.

(IC 36-5-7-3)

' 31.62 POWERS AND DUTIES.

(A) The Marshal is the chief police officer of the town and has the powers of other law enforcement officers in executing the orders of the Town Council and enforcing laws.

(B) The Marshal or his deputy:

(l) Shall serve all process directed to him by the town court or Town Council;

(2) Shall arrest without process all persons who commit an offense within his view, take them before a court having jurisdiction, and detain them in custody until the cause of the arrest has been investigated;

(3) Shall suppress breaches of the peace;

(4) May, if necessary, call the power of the town to his

aid;

(5) May execute search warrants and arrest warrants; and

(6) May pursue and jail persons who commit an offense.

(IC 36-5-7-4)

Cross-reference:

Marshal to serve on Police Department Advisory Board, see

' 33.66(D)

' 31.63 SERVICE AS STREET COMMISSIONER AND FIRE CHIEF.

The Town Council may require the Marshal to serve as Street Commissioner, Chief of the Fire Department, or both.

(IC 36-5-7-5)

' 31.64 DEPUTY MARSHALS; HUMANE OFFICER.

(A) The Town Council may by ordinance authorize the Marshal to appoint deputy marshals. Deputy marshals have the powers and liabilities of the Marshal in executing the orders of the Town Council or enforcing laws.

(B) One deputy marshal may be designated as the Town Humane Officer. He has the duties prescribed by IC 36-8-l-l through 36-8-14-4 for city humane officers.

(C) The Town Council shall fix the amount of bond, compensation, and term of service of deputy marshals. The Marshal may dismiss a deputy marshal at any time. However, a deputy marshal who has been employed by the town for more than six months after completing the minimum basic training requirements adopted by the law enforcement training board under IC 5-2-l-9 may be dismissed only if the procedure prescribed by ' 31.61 of this chapter is followed.

(IC 36-5-7-6)

CHAPTER 32: FINANCE AND REVENUE

Section

Budget

32.01 Preparation of budget estimates

32.02 Tax rate; annual appropriations

32.03 Revising appropriations

Financial Administration

32.20 Issue and sale of bonds

32.21 Appropriation required for disbursements

32.22 Issue of warrants

32.23 Approval of claims

32.24 Allowance of payment of salaried employee's wages and

utility bills

32.25 Cumulative Capital Development Fund

32.26 Rainy Day Fund

BUDGET

' 32.01 PREPARATION OF BUDGET ESTIMATES.

Before the publication of notice of budget estimates required by IC 6-1.1-17-3, the town shall formulate a budget estimate for the ensuing budget year in the following manner, unless it provides by ordinance for a different manner.

(A) Each department head shall prepare for his department an estimate of the amount of money required for the ensuing budget year, stating in detail each category and item of expenditure he anticipates.

(B) The Clerk-Treasurer shall prepare an itemized estimate of revenues available for the ensuing budget year, and shall prepare an itemized estimate of expenditures for other purposes above the money proposed to be used by the departments.

(C) The President of the Town Council shall meet with the department heads and the Clerk-Treasurer to review and revise their various estimates.

(D) After the President of the Town Council's review and revision, the Clerk-Treasurer shall prepare for the President of the Town Council a report of the estimated department budgets, miscellaneous expenses, and revenues necessary or available to finance the estimates.

(IC 36-5-3-3)

' 32.02 TAX RATE; ANNUAL APPROPRIATIONS.

The Clerk-Treasurer shall present the report of budget estimates to the Town Council under IC 6-1.1-17-1 through 6-1.1-17-19. After reviewing the report, the Town Council shall prepare an ordinance fixing the rate of taxation for the ensuing budget year and an

ordinance making appropriations for the estimated department budgets and other town purposes during the ensuing budget year. The Town Council, in the appropriation ordinance, may change any estimated item from the figure submitted in the report of the Clerk-Treasurer. The Town Council shall promptly act on the appropriation ordinance.

(IC 36-5-3-4)

' 32.03 REVISING APPROPRIATIONS.

After the passage of the appropriation ordinance, the Town Council may make further or additional appropriations by ordinance, unless their result is to increase the tax levy set under IC 6-1.1-17-1 through 6-1.1-17-19. The Town Council may, by ordinance, decrease any appropriation set by ordinance.

(IC 36-5-3-5)

FINANCIAL ADMINISTRATION

' 32.20 ISSUE AND SALE OF BONDS.

(A) The Town Council may issue bonds for the purpose of procuring money to be used in the exercise of the powers of the town and for the payment of town debts. However, a town may not issue bonds to procure money to pay current expenses.

(B) Bonds issued under this section are payable in the amounts and at the times determined by the Town Council.

(C) Bonds issued under this section are subject to the provisions of IC 5-1-1-1 through 5-1-14-2 and IC 6-1.1-20-1 through 6-1.1-20-9 relating to the filing of a petition requesting the issuance of bonds and giving notice of the petition, the giving of notice of a hearing on the appropriation of the proceeds of bonds, the right of taxpayers to appear and be heard on the proposed appropriation, the approval of the appropriation by the state board of tax commissioners, the right of taxpayers to remonstrate against the issuance of bonds, and the sale of bonds at public sale for not less than their par value.

(IC 36-5-2-11)

' 32.21 APPROPRIATION REQUIRED FOR DISBURSEMENTS.

Unless a statute provides otherwise, town monies may be disbursed only after an appropriation made by ordinance of the Town Council and recorded in a book kept for that purpose by the Town Council. Each appropriation must be made from the fund against which the expenses arose.

' 32.22 ISSUE OF WARRANTS.

(A) The Town Council or any other board of the town may order the issuance of warrants for payment of money by the town only at a meeting of the Town Council or such other board.

(B) A town officer who violates this section forfeits his office.

(IC 36-5-4-3)

' 32.23 APPROVAL OF CLAIMS.

(A) The Town Council or any other board of the town may allow a claim:

(1) Only at a meeting of the Town Council or such other board; and

(2) Only if the claim was filed in the manner prescribed by IC 5-11-10-2 at least five days before the meeting.

(B) A town officer who violates this section forfeits his office.

(IC 36-5-4-4)

(C) A warrant for payment of a claim against the town may be issued only if the claim is:

(1) Itemized and certified under IC 5-11-10-1;

(2) Filed with the Clerk-Treasurer; and

(3) Allowed by the Town Council or by the board of the town having jurisdiction over allowance of the claim.

(IC 36-5-4-6)

' 32.24 ALLOWANCE OF PAYMENT OF SALARIED EMPLOYEE'S WAGES AND

UTILITY BILLS.

(A) Due to the fact that it is necessary that certain claims be paid by the Town Clerk-Treasurer for and on behalf of the town prior to the monthly meeting of the Town Council which the necessary payments include biweekly payments to salaried employees of the town as well as utility payments, it is necessary that the Clerk-Treasurer is authorized by ordinance adopted and passed by the regularly elected Council members to make such payments prior to the following monthly meeting of the Town Council.

(B) The Town Council is authorized to enact such an ordinance allowing the Clerk-Treasurer to pay claims for utility bills and the wages of salaried employees prior to the following monthly meeting of the Town Council according to the provisions of IC 5-11-10-1 and

36-1-3-1 through 36-1-3-9.

(C) The Clerk-Treasurer is authorized to pay claims and make payments for utility services and the regular wages of salaried employees according to the salary schedule of such employees as adopted by the Town Council through the adoption of its annual budget as the claims and payments shall become due, notwithstanding that the claims, at the time due, may not have been previously approved by the Town Council. All such claims paid and payments made shall then be submitted to the Town Council for approval at the next regularly scheduled meeting of the Town Council.

(Ord. 8207, passed 8-9-82)

Cross-reference:

Compensation of officers and employees, see ' 31.01

' 32.25 CUMULATIVE CAPITAL DEVELOPMENT FUND.

(A) There is hereby established a Cumulative Development Fund.

(B) An ad valorem property tax levy will be imposed and the revenues from the levy will be retained in the Cumulative Capital Development Fund.

(C) The maximum rate of levy under subsection (B) will not exceed:

(1) (.05) per $100 Assessed Valuation for 1999.

(2) (.10) per $1000 Assessed Valuation for 2000.

(3) (.15) per $100 Assessed Valuation for 2001 and thereafter.

(D) The Cumulative Capital Development Fund is established until such time as the Fund is rescinded.

(E) The funds accumulated in the Cumulative Capital Development Fund will be used for Cumulative Firefighting Building, Equipment, Police Radio Fund (IC 36-8-14), Cumulative Building Fund (IC 36‑9‑16‑2), Cumulative Capital Improvement Fund (IC 36-9-16-3), Cumulative Street Fund (IC 36-9-16.5), General Improvement Fund (IC 36‑9‑17), Cumulative Drainage Fund (IC 36-9-27-100), Cumulative Building Fund-Parks (IC 36-10-3-21), and Cumulative Building Fund-Sewers (IC 36‑9-26).

(F) Notwithstanding subsection (E), funds accumulated in the town Cumulative Capital Development Fund may be sent for purposes other than those stated in subsection (E) if the purpose is to protect the public health, welfare or safety in an emergency situation which demands immediate action. Money may be spent under the authority of this section only after the Town Council President issues a declaration that the public health, welfare or safety is in immediate danger that requires the expenditure of money in the fund.

(Ord. 9805, passed 7-13-98)

' 32.26 RAINY DAY FUND.

(A) Name and purpose. A fund titled AA Rainy Day Fund@ shall be created and utilized to receive transfers of unused and unencumbered funds under the following sources:

(1) IC 36-1-8-5, wherein a town may transfer to the Rainy Day Fund not more than 10% of the town=s annual budget that is unused or unencumbered.

(2) All supplemental distributions of CAGIT under IC 6‑3.5‑1.1-21.1, COIT under IC 6-3.5-6-17.3, shall also be deposited in the Rainy Day Fund.

(3) Proceeds or receipts of miscellaneous revenues (360), and interest or investments (361), other financing sources (390), including (391) interfund operating transfers, and (395) sale of investments.

(B) Disbursements and use of proceeds of the Rainy Day Funds. Use of the Rainy Day Fund shall be used for any purpose permitted by state statues for other revenues of the town.

(C) Appropriations. The Rainy Day Fund is subject to the same appropriation process as other funds that receive tax money. The Town Council shall make a finding that any proposed use of the Rainy Day Fund is consistent with the intent of the fund before making an appropriation.

(D) Transfers. Transfers to the Rainy Day Fund shall be made after the last day of the year and before March 1, of the subsequent calendar year in accordance with IC 36-1-8-5.1.

(Ord. 0401, passed 4-12-04)

CHAPTER 33: DEPARTMENTS, BOARDS, AND COMMISSIONS

Section

Park and Recreation Board

33.01 Purpose

33.02 Membership

33.03 Removal of Board member for cause

33.04 Term of office

33.05 Initial appointments; reappointments

33.06 Vacancy on Board

33.07 Board meetings; time and place

33.08 Special meetings; notice

33.09 Quorum

33.10 Compensation

33.ll First regular annual meeting; election of officers

33.12 Powers of Board

33.13 Gifts and bequests

33.14 Taxing district for special benefit taxes; operating and

capital expenditures

33.15 Use of appropriation

33.16 Park free of charge; reasonable fees; disbursal

33.17 Appointment of Superintendent; compensation

33.18 Duties of Superintendent

33.l9 Assistants responsible to Superintendent

33.20 Bonds of officers and employees

33.21 Advisory council and special committees; duties; reports

33.22 Acquisition of land for park improvement or use

Voluntary Fire Department

33.30 Officers

33.31 Duties of Chief

33.32 Membership

33.33 Equipment

33.34 General requirements

33.35 Enforcement

Department of Water Works

33.45 Established

33.46 Board of Directors

33.47 Terms of Board members

33.48 Membership

33.49 Compensation

33.50 Duties and obligations

33.51 Enforcement

33.52 Right of entry

33.53 Revenues; bond ordinance

33.54 Water Department Cash Reserve Account

33.55 Claims against Department

33.56 Meetings; officer; quorums; records

33.57 Preparation of budget

33.58 Legal counsel

33.59 Property under control of Department

Police Department Advisory Board

33.65 Established

33.66 Appointment of members

33.67 Duties

Police Reserves

33.80 Necessity

33.81 Authorization to hire police reserves

33.82 Appointment of reserves

33.83 Rules, regulations and conditions

Police Commission

33.90 Necessity

33.91 Establishment

33.92 Appointment of members

33.93 Duties

33.99 Penalty

Cross-reference:

Board of Zoning Appeal, see ' 154.56

Building Commission, see '' 150.05, 154.55

PARK AND RECREATION BOARD

' 33.01 PURPOSE.

In order to promote good citizenship and to stimulate public health, safety, and welfare, this subchapter is enacted to provide greater opportunity for the establishing of park and recreation programs. Because recreation is a fundamental need, essential to the well-being of all people, and because parks are primary facilities for public recreation, therefore it is the purpose of this subchapter to consolidate those services to the end that overlapping costs be eliminated and governmental responsibility for park and recreation services be increased.

(Ord. passed 9-8-75)

' 33.02 MEMBERSHIP.

The Board shall be composed of four members. Of these four members, two shall be appointed by the president of the Town Council from the Town Council; and two members are to be appointed by the president of the Town Council from the tax rolls of the town. Of these latter two appointed members, both persons may not be of the same political party.

(Ord. passed 9-8-75)

' 33.03 REMOVAL OF BOARD MEMBER FOR CAUSE.

(A) A Board member may be removed only for cause, upon specific written charges filed against him. The charges shall be filed with the

appointing authority who shall fix a date for a public hearing and give public notice at least ten days in advance of the hearing.

(B) The member is entitled to present evidence and argument and be represented by an attorney.

(Ord. passed 9-8-75)

' 33.04 TERM OF OFFICE.

Upon the establishment of a Board, the term of the members initially appointed shall be one, two, three, and four years. Thereafter, as a term expires, each new appointment shall be for a four-year term. All terms shall expire on the first Monday in January, but an appointee shall continue in office until his successor is appointed.

(Ord. passed 9-8-75)

' 33.05 INITIAL APPOINTMENTS; REAPPOINTMENTS.

The president of the Town Council shall make his initial appointments within 90 days of the adoption of the subchapter and all reappointments to the Board by the first Monday in April of each year, or the incumbent shall continue to serve another four-year term.

(Ord. passed 9-8-75)

' 33.06 VACANCY ON BOARD.

If a vacancy on the Board occurs, the president of the Town Council shall appoint a member for the unexpired term of the vacating member.

(Ord. passed 9-8-75)

' 33.07 BOARD MEETINGS; TIME AND PLACE.

The meetings of the Board shall be public. The Board shall fix the time and place of its meetings, but it shall meet at least quarterly.

(Ord. passed 9-8-75)

' 33.08 SPECIAL MEETINGS; NOTICE.

(A) Special meetings of the Board shall be public and may be called by written request to the secretary, either by the president or by any two members. The secretary shall send to all members, at least two days in advance of a special meeting, a written notice fixing the time, place, and purpose of the meeting.

(B) Written notice of a special meeting is not required if the time of the special meeting is fixed at a regular meeting or if all members are present at the special meeting.

(Ord. passed 9-8-75)

' 33.09 QUORUM.

A majority of the members shall constitute a quorum and action of

the Board is not official unless authorized by at least three members present and acting.

(Ord. passed 9-8-75)

' 33.10 COMPENSATION.

The members of the Board may receive a salary not to exceed $300 per annum. When the Board determines that it is desirable for members or employees to attend a state, regional, or national conference dealing with park and recreation problems, it may authorize the payment of the actual expenses involved in attending such meeting, if the amount has been made available in the Board's appropriation.

(Ord. passed 9-8-75)

' 33.ll FIRST REGULAR ANNUAL MEETING; ELECTION OF OFFICERS.

(A) At its first regular meeting in each year, the Board shall elect a president and a vice-president. The vice-president shall have authority to act as the president of the Board during the absence or disability of the president.

(B) The Board may select a secretary either from within or without its own membership.

(Ord. passed 9-8-75)

' 33.12 POWER OF BOARD.

The Board shall have the general power to perform all acts necessary to acquire and develop sites and facilities and to conduct such programs as are generally understood to be park recreation functions. In addition to all other powers necessary to achieve the general objectives of the Board, the Board shall have, for park and recreation purposes, the power and duty to:

(A) Exercise general supervision of and make regulations for the Department and establish rules governing the use of the park and recreation facilities by the public.

(B) Provide police protection for its property and activities, either by requesting assistance from state, city, town, or county police authorities, or by having specified employees deputized as police officers. Such deputized employees, however, shall not be eligible for police pension benefits or other emoluments of police officers.

(C) Make contracts and leases for facilities and services, but shall have no authority to contract with a person, corporation, or private agency for the operation of a park recreation program, except as hereinafter provided.

(l) To lease any buildings or grounds belonging to the town, city, or county within the limits of any park, for a period not to exceed 25 years, to a private person, firm, or corporation.

(2) Such lease shall authorize the lessee to provide upon the premises educational, research, veterinary, or other proper facilities for the exhibition of wild or domestic animals in wildlife parks, dining facilities, a bathhouse, skating facilities, dancing facilities, or those amusement rides for children and adults generally found in amusement parks, including, but not in limitation thereof, a merry-go-round, a roller coaster, a Ferris wheel, miniature trains, automobiles, airplanes, and dodgem cars; provided, that no lease for more than one year shall be made, except to the highest and best bidder, after notice of such lease shall have been given by at least one publication in some newspaper of general circulation published in such city, town, or county, which publication shall have been made at least one week before the date of such lease.

(3) The provisions of this division shall apply only to cities, towns, or counties which border on Lake Michigan.

(D) Acquire and dispose of real and personal property.

(E) Exercise the power of eminent domain under the authority of any laws generally made available to towns and municipalities for this purpose.

(F) Appoint such administrative officers of the department as are necessary, to fix their duties and compensation, and delegate authority to perform ministerial acts in all cases except where final action of this Board is necessary.

(G) Establish standards and qualifications for the appointment of all personnel, fix their compensation, and approve their appointments without regard to political considerations.

(H) Contract for special and temporary services and for professional assistance.

(I) Make recommendations and an annual report to the Town Council for the town, concerning the operation of the Board and the status of park and recreation programs within its jurisdiction.

(J) Sue and be sued collectively by its legal name according to the town, "Town of Long Beach Park and Recreation Board"; service of process being had upon the president of the Board; but no costs shall be taxed against the Board or its members in any action.

(K) Invoke any legal, equitable, or special remedy for the enforcement of the provisions of this subchapter, or the Board's own action thereunder.

(L) Prepare and submit an annual budget in the same manner as other departments of the town government as prescribed by the State Board of Accounts.

(Ord. passed 9-8-75)

' 33.13 GIFTS AND BEQUESTS.

(A) A Board may accept gifts, donations, and subsidies for park and recreation purposes. No gift or transfer of public property to the Board shall be made without its approval.

(B) Any gift or grant of money shall be deposited in a special nonreverting fund to be available for expenditure by the Board for purposes specified by the grantor. The disbursing officer of the town shall draw warrants against such special nonreverting fund only upon vouchers signed by the president and secretary of the Board.

(Ord. passed 9-8-75)

' 33.14 TAXING DISTRICT FOR SPECIAL BENEFIT TAXES; OPERATING AND

CAPITAL EXPENDITURES.

(A) All the territory included within the limits of any such town, city, or county shall constitute a taxing district for the purpose of levying special benefit taxes for park and recreation purposes as provided in this subchapter.

(B) The Town Council as it might determine, shall provide the revenues necessary for the operation of the Department or for capital expenditures not provided by the issuance of bonds, or both, by a special levy to be used for such purposes exclusively or by special appropriation, or both.

(Ord. passed 9-8-75)

' 33.15 USE OF APPROPRIATION.

The Department is authorized to expend, under regular town, city, or county procedures as provided by law, all sums appropriated to it for purposes and activities authorized by this subchapter.

(Ord. passed 9-8-75)

' 33.16 PARK FREE OF CHARGE; REASONABLE FEES; DISBURSAL.

(A) Insofar as possible, park and recreation facilities and programs shall be available to the public citizenry of the town free of charge; but where necessary in order to provide a particular activity, the Board may charge a reasonable fee.

(B) Moneys procured from such activity shall be deposited at least once each month with the fiscal officer of the town. The fiscal officer shall deposit such moneys either in a special nonreverting operating fund or in the nonreverting capital fund as directed by the Board. The Town Council may provide, by ordinance, that expenditures may be made from the special nonreverting operating fund without appropriation. Moneys in the form of fees procured from golf courses, swimming pools, skating rinks, or other similar facilities requiring major expenditures for management and maintenance shall not be deposited in this fund. Moneys from either fund shall be disbursed only on approved claims allowed and signed by the president and secretary.

(Ord. passed 9-8-75)

' 33.17 APPOINTMENT OF SUPERINTENDENT; COMPENSATION.

The Board shall appoint a Superintendent of Parks and Recreation and fix his compensation commensurate with his qualifications.

(Ord. passed 9-8-75)

' 33.18 DUTIES OF SUPERINTENDENT.

Under the direction of the Board, the Superintendent shall:

(A) Propose annually a plan for the operation of the Department.

(B) Administer the plan as approved by the Board.

(C) Supervise the general administration of the Department.

(D) Keep the records of the Department and be responsible for the custody and preservation of all papers and documents of the Department.

(E) Where the Board determines there is a need, recommend persons for appointment as assistants.

(F) Subject to the approval of the Board, appoint the employees of the Department, according to the standards and qualifications fixed by the Board and without regard to political affiliation.

(G) Prepare and present to the Board an annual report.

(H) Perform such other duties as the Board may direct.

(Ord. passed 9-8-75)

' 33.l9 ASSISTANTS RESPONSIBLE TO SUPERINTENDENT.

The assistants shall be directly responsible to the Superintendent and shall exercise such authority and shall perform such duties as specified by the Superintendent.

(Ord. passed 9-8-75)

' 33.20 BONDS OF OFFICERS AND EMPLOYEES.

(A) Each officer and each employee who may be charged with the duty of handling any funds in the performance of his duties as authorized or directed by the provisions of this subchapter shall execute an official bond for the term of his office or employment before entering upon the duties of his office or employment, or if the tenure is indeterminate, then the bond shall be for a term of one year and each year thereafter so long as the employment continues.

(B) All bonds required shall be individual surety company public official bonds conditioned on faithful performance of duties. The penal amounts of the bonds in this case shall be fixed by the Town Council.

(C) All such bonds shall be filed and recorded in the office of the County Recorder in which the department is located.

(Ord. passed 9-8-75)

' 33.21 ADVISORY COUNCIL AND SPECIAL COMMITTEES; DUTIES; REPORTS.

(A) The Board may create an advisory council and special committees composed of citizens interested in the problems of parks and recreation.

(B) The advisory council or a special committee shall:

(l) Study the subjects and problems specified by the Board and recommend to the Board additional problems in need of study.

(2) Advise the Board concerning these subjects, particularly as they relate to different areas and groups in the community.

(3) Upon the invitation of the Board, sit with and participate, without the right to vote, in the deliberations of the Board.

(C) The advisory council or a special committee shall report to the Board only; and shall make inquiries and reports only in those areas specified by the Board's resolution creating the council or committee.

(Ord. passed 9-8-75)

' 33.22 ACQUISITION OF LAND FOR PARK IMPROVEMENT OR USE.

Whenever this Board shall deem it necessary or advisable to acquire land for any of the purposes mentioned in this subchapter, either by purchase or appropriation, same may be done by the proper notice and publication, setting forth the land to be acquired and the reason for same. The resolution being subject to adoption at an open and public hearing, at which time all remonstrators and interested parties shall have a right to voice their opinions.

(Ord. passed 9-8-75)

VOLUNTARY FIRE DEPARTMENT

' 33.30 OFFICERS.

(A) The Department shall consist of a Chief, assistant chiefs, or other officers as the Chief may deem necessary for the effective operation of the Department.

(B) The Chief shall be appointed by the Town Council for an indefinite period of time, and his tenure of office shall depend upon his good conduct and efficiency. The Chief shall be technically qualified by training and experience and shall have ability to command men and hold their respect and confidence. He shall be removed only for just cause and after a public hearing before the Town Council.

(C) The Chief shall be held accountable for the operation of the

Fire Department only, and shall make written and verbal reports thereto as the Town Council may require. All other department and company officers shall be accountable to the Chief only.

(D) The assistant chiefs and all other department and company officers shall be appointed by the Chief. Such officers shall be accountable only to the Chief, and subject to removal by him.

(Ord. 8017, passed l-12-81)

' 33.31 DUTIES OF CHIEF.

(A) The Chief shall formulate a set of rules and regulations to govern the Department, and shall be responsible to the Town Council for the personnel, morale, and general efficiency of the Department.

(B) The Chief shall determine the number and kind of companies of which the Department is to be composed and shall determine the response of such companies to alarms.

(C) The Chief shall, at least once a month, conduct suitable drills or instruction in the operation and handling of equipment, first aid and rescue work, salvage, a study of buildings in the town, fire prevention, water supplies, and all other matters generally considered essential to good firemanship and safety of life and property from fire.

(D) The Chief is required to assist the proper authorities in suppressing the crime of arson by investigating or causing to be investigated, the cause, origin, and circumstances of all fires.

(E) The Chief is empowered to enter any and all buildings and premises at any reasonable hour for the purpose of making inspections and to serve written notice upon the owner or occupant to abate, within a specified time, any and all fire hazards that may be found.

(F) Any person so served with a notice to abate any fire hazards, shall comply therewith and promptly notify the Chief.

(G) The Chief shall see that complete records are kept of all fires, inspection, apparatus and minor equipment, personnel, and other information about the work of the Department.

(H) The Chief shall report monthly to the Town Council, the condition of the apparatus and equipment; the number of fires during the month, their location and cause, and date of same and loss occasioned thereby; the number and purpose of all other runs made; and the number of members responding to each fire or other run, and any changes in membership.

(I) The Chief shall make a complete annual report to the Town Council within one month after the close of the fiscal year, such report to include the information specified in this division, together

with comparative data for previous years and recommendation for improving the effectiveness of the Department.

(Ord. 8017, passed l-12-81) Penalty, see ' 33.99

' 33.32 MEMBERSHIP.

The membership of the Department shall consist of those persons who shall apply to, and who are accepted by, the Department itself under and through its governing rules and regulations.

(Ord. 8017, passed l-12-81)

' 33.33 EQUIPMENT.

(A) The Department shall be equipped with such apparatus and other equipment as may be required, from time to time, to maintain its efficiency and properly protect life and property from fire, and further, such equipment and apparatus that may be necessary to fulfill the obligation of emergency medical services, and any other services for which the Department may contract with the town.

(B) Recommendations of apparatus and equipment needed shall be made by the Chief, and after approval by the membership, shall be purchased in such manner as may be designated by the Town Council.

(C) All equipment in the Department shall be safely and conveniently housed in such places as may be designated by the Town Council. Such places shall be adequately heated during the winter season.

(D) Suitable arrangements or equipment shall be provided for citizens to turn in an alarm, and for notifying all members of the Department so that they may promptly respond.

(E) No person shall enter any place where fire apparatus is housed or handle any apparatus or equipment belonging to the Department, unless accompanied by, or having the special permission of an officer or authorized member of the Department.

(F) The Fire Department is authorized to enter into agreements or contracts with nearby incorporated communities or governing bodies of other organizations, to provide the members of such communities or organizations with fire protection or to establish a mutual aid system with approval by the Town Council.

(G) No apparatus shall be rented out or permitted to leave the town, except in response to a call for aid at a fire in a neighboring community, without the consent of the Town Council. The officer in charge of the Department shall have the power to assign equipment for responses to calls for outside aid as required by this division, only when the absence of such equipment will not jeopardize protection in the town.

(Ord. 8017, passed l-12-81) Penalty, see ' 33.99

' 33.34 GENERAL REQUIREMENTS.

(A) Each member of the Department shall be issued a badge designating his rank.

(B) All motor equipment and all personal cars of Department

members shall have right-of-way over all other traffic when responding

to an alarm. All motor equipment of the Department shall respond to an alarm with siren and red lights operating and all personal cars of the Department members shall respond to an alarm with blue lights operating.

(C) Each member of the Department driving a car shall be issued a suitable insignia to be attached to the car.

(Ord. 8017, passed l-12-81) Penalty, see ' 33.99

Cross-reference:

False alarms, see ' 136.01

Interference with fire equipment and operations, see ' 71.05

' 33.35 ENFORCEMENT.

(A) All regularly appointed members of the Department are given the necessary special police powers for the purpose of enforcing the provisions of this subchapter.

(B) It is made the special duty of the Chief of Police or other peace officers who may be on duty and available for fire duty, to respond to all fire alarms and assist the Department in the protection of life and property in regulating traffic, maintaining order, and in enforcing observance of all sections of this subchapter.

(Ord. 8017, passed l-12-81)

DEPARTMENT OF WATER WORKS

' 33.45 ESTABLISHED.

A Department of Water Works is created pursuant to IC 8-l.5-4-l-l9, the provisions of which are adopted, which shall be known as the Town Water Department, hereinafter referred to as the Department in this subchapter.

(Ord. 8210, passed 12-20-82; Am. Ord. passed 7-13-92)

Cross-reference:

Waterworks system; rates and charges, see Ch. 50

' 33.46 BOARD OF DIRECTORS.

The Department shall be controlled by a Board of Directors, hereinafter referred to as the Board in this subchapter, consisting of five members appointed by the President of the Town Council all of whom shall be residents of the water works district. The president of the Town Council, may remove a director at any time when, in his judgment, it is for the best interest of the Department.

(Ord. 8210, passed 12-20-82; Am. Ord. passed 7-13-92)

' 33.47 TERMS OF BOARD MEMBERS.

The terms of the individual Board members shall be for four years and until their successors are appointed and qualified, provided however the terms of the initial directors shall be as follows: The

term of one director shall expire on December 31, l985. The terms of two directors shall expire on December 31, l982 and the terms of two directors shall expire on December 31, l983. Directors may be reappointed to succeed themselves.

(Ord. 8210, passed 12-20-82; Am. Ord. passed 7-13-92)

' 33.48 MEMBERSHIP.

The make-up of the five member Board shall be such that no more than three directors shall be of the same political party and one of the five directors shall be a member of the Town Council. Further, each director shall give a bond which shall be fixed by the Town Clerk-Treasurer, and subject to his approval.

(Ord. 8210, passed 12-20-82; Am. Ord. passed 7-13-92)

' 33.49 COMPENSATION.

Each director of the Board shall be paid a salary as fixed and determined by the Town Council for the services rendered in the supervision of the Town Water Department but in no event shall such compensation exceed the amount of $l,000 per director per year.

(Ord. 8210, passed 12-20-82; Am. Ord. passed 12-28-87; Am. Ord. passed 7-13-92)

' 33.50 DUTIES AND OBLIGATIONS.

The Board shall perform all of the duties and obligations conferred upon such Board by IC 18-l.5-3, 18-l.5-4, and Ordinance 8021 which was established under Burns Indiana Statutes, Titles 8, 18, and l9 and such other statutes and ordinances which shall be so construed so as to apply to the Board created hereunder and to all amendments hereinafter made to such statutes and ordinances.

(Ord. 8210, passed 12-20-82; Am. Ord. passed 7-13-92)

' 33.51 ENFORCEMENT.

(A) The Board shall have the power to compel users and consumers of the water within the water district to conform and comply with all rules and regulations of the Department.

(B) The Board shall also have the power to bring any action in the name of such town which it deems proper to recover damages for the breach of any agreement, expressed or implied, relating to or growing out of the construction, operation, management, alteration, or repair of the water works system or any part thereof, all relating to or growing out of acquiring the ownership or possession of any lands or other property in connection therewith or for injury to the personal or real property appertained to water works system within the water district. The Board may also bring suit for the specific performance of any agreement or avail itself in the name of the town of any legal or equitable remedy necessary to protect and enforce the rights and perform the duties of the Department.

(Ord. 8210, passed 12-20-82; Am. Ord. passed 7-13-92)

' 33.52 RIGHT OF ENTRY.

The Board shall have the power to enter upon any land, streets, highways, rights-of-way, or other properties belonging to or under the

control of such town or any department thereof or other public place within such town or any department thereof or other public place within such water district for the purpose of erecting, constructing, installing for the purpose of erecting, constructing, installing, or building any part or extension of the water works system when they shall be by resolution of such Board deemed necessary.

(Ord. 8210, passed 12-20-82; Am. Ord. passed 7-13-92)

' 33.53 REVENUES; BOND ORDINANCE.

The Board at its first meeting subsequent to the effective date of this subchapter, shall adopt a resolution providing that the revenues of the Department shall be divided as per the requirements of any applicable bond ordinance heretofore adopted relating and pertaining to the Department. Nothing herein shall, in any way, be deemed to require or authorize the Department to deviate from the terms, conditions, powers, duties, responsibilities and liabilities set forth in any such bond ordinance.

(Ord. 8210, passed 12-20-82; Am. Ord. passed 7-13-92)

' 33.54 WATER DEPARTMENT CASH RESERVE ACCOUNT.

The Town Clerk-Treasurer shall maintain a separate account known as the Water Department Cash Reserve Account. The Board shall transfer all surplus earnings as defined by IC 8-l.5-3-ll(c) to such account monthly. The funds in such account may be utilized in accordance with IC 8-l.5-3-ll(d) and (e).

(Ord. 8210, passed 12-20-82; Am. Ord. passed 7-13-92)

' 33.55 CLAIMS AGAINST DEPARTMENT.

Any claim against the Department shall not be a claim against the town. No claim shall be paid by the Board from the maintenance and operation account of the Department until the person making such claim shall furnish sufficient reasonable proof of the validity and reasonableness of that claim. No payment of any nature shall be made from the operation and maintenance account except upon order of a majority of the Board on an account maintained by the Clerk-Treasurer for that purpose. The Board shall make an annual report to the Town Council of all receipts and disbursements of funds belonging to the utility. Funds in the depreciation account in the bond and interest account shall be deposited with the Clerk-Treasurer and maintained as a separate fund subject to the order of the Board.

(Ord. 8210, passed 12-20-82; Am. Ord. passed 7-13-92)

' 33.56 MEETINGS; OFFICERS; QUORUM; RECORDS.

(A) The Board shall meet no less than one time per month. The meeting shall be on a regular business day of the month and shall be conducted pursuant to the normal form of Roberts Rules of Order and shall be held in a public place as designated by the members of the

Board and shall be open to the public at all times and subject to IC 5-14-l.5.

(B) The Board is empowered to elect a president, a secretary, and a treasurer of the Board as duties shall be as are usually performed by such officers.

(C) Three or more Board members present at any meeting shall constitute a quorum sufficient for the transaction of business and a decision of that majority of members of the Board shall be binding upon such Board.

(D) The Board shall keep and maintain, in writing, a complete record of all its meetings and transactions.

(Ord. 8210, passed 12-20-82; Am. Ord. passed 7-13-92)

' 33.57 PREPARATION OF BUDGET.

The Board shall, on or before December 31 of each calendar year, prepare a projected budget for all costs of the operation of the Town Water Department and present same to the Town Council for review.

(Ord. 8210, passed 12-20-82; Am. Ord. passed 7-13-92)

' 33.58 LEGAL COUNSEL.

The Board shall have the authority to appoint an attorney to act as its legal counsel and advisor on any and all issues that may become before the Board and the Board shall have the right to fix a reasonable compensation for the attorney subject to the approval of the Town Council.

(Ord. 82-10, passed 12-20-82; Am. Ord. passed 7-13-92)

' 33.59 PROPERTY UNDER CONTROL OF DEPARTMENT.

All property, real or personal, mixed or intangible, now under the control of the Water Department Utility Service Board shall pass to the Board of Directors of the Town Water Department which is created by this subchapter upon the effective date of this subchapter.

(Ord. 8210, passed 12-20-82; Am. Ord. passed 7-13-92)

POLICE DEPARTMENT ADVISORY BOARD

' 33.65 ESTABLISHED.

(A) It is found and determined by the Town Council that it is advisable and necessary to establish a three-member Police Department Advisory Board to act in an advisory capacity to the Town Council and to the Town Marshal.

(B) There is established a three-member Police Department Advisory Board to act in an advisory capacity to the Town Council and to the Town Marshal.

(Ord. 8503, passed 10-14-85; Am. Ord. 8503A, passed 7-8-91)

' 33.66 APPOINTMENT OF MEMBERS.

The Police Department Advisory Board shall consist of three members, two of whom shall be recommended by the President of the Town Council, and one of whom shall be recommended by the Marshal, which members shall be appointed by the Town Council as follows:

(A) Upon the resignation of the current members of the Police Advisory Board, the initial Board shall consist of three members appointed as follows: Three members shall be appointed for one-year terms each.

(B) After the expiration of the initial terms of the initial members of the Board, any subsequent appointments of members to the Board shall be appointed for a term of one year.

(C) All three members of the Police Department Advisory Board shall be appointed by the Town Council, and shall consist of three adult individuals who shall meet all of the following qualifications:

(1) Each member shall have his primary residence within the boundaries of the town.

(2) Each member shall be at least 21 years of age.

(3) No member shall be a current member of the Town Council, nor a member of the immediate family of any current member of the Town Council.

(4) No member may be the acting Marshal of the Town, nor a member of the immediate family of the acting Marshal of the Town.

(5) No member may be a current employee of the Police Department, nor a member of the immediate family of an employee of the Police Department.

(6) No member may be an employee or elected official of the town, nor a member of the immediate family of an employee or elected official of the town, including the acting Town Attorney.

(Ord. 8503, passed 10-14-85; Am. Ord. 8503A, passed 7-8-91)

' 33.67 DUTIES.

The duties of the Police Department Advisory Board shall be as follows:

(A) To receive all complaints from the residents of the town concerning Police Department personnel and the Marshal, and to make recommendations for corrective action to the Town Council.

(B) To investigate all complaints concerning malfeasance of police officers and the Town Marshal, and to make recommendations concerning disciplinary action to the Town Council and the Town Marshal.

(C) To propose rules and regulations for the government of the Advisory Board, subject to the approval of the Town Council.

(D) To hold meetings at such times and upon proper notice as may be required pursuant to the duties enumerated above, but in no event shall the Police Advisory Board meet less than annually. The meetings shall be held in compliance in all respects with the laws of the state, including the "open door" law.

(Ord. 8503, passed 10-14-85; Am. Ord. 8503A, passed 7-8-91; Am. Ord. 8503AA, passed 10-9-95)

POLICE RESERVES

' 33.80 NECESSITY.

It is hereby found and determined by the Town Council that, in the interest of the safe, efficient and orderly operation of the Police Department, the Department should be authorized to hire police reserves.

(Ord. 9004, passed 7-9-90)

' 33.81 AUTHORIZATION TO HIRE POLICE RESERVES.

It is, therefore, authorized that the town may hire police reserves, subject to the terms and conditions of this subchapter, as well as all applicable state statutes.

(Ord. 9004, passed 7-9-90)

' 33.82 APPOINTMENT OF RESERVES.

Police reserves shall be appointed by the same authority that appoints regular members of the Police Department.

(Ord. 9004, passed 7-9-90)

' 33.83 RULES, REGULATIONS AND CONDITIONS.

(A) Police reserves may not be members of the regular Police

Department, but shall have the same police powers as regular members, except as limited by the rules and regulations of the Police Department and this subchapter.

(B) To the extent that necessary funds are available and properly appropriated, police reserves may, but are not required to:

(1) Receive a uniform allowance.

(2) Receive compensation for time lost from other employment because of court appearance.

(3) Be insured for life, accident and sickness coverage.

(C) Police reserves are not eligible to participate in any pension program provided for regular members of the Police Department.

(D) A police reserve may not be appointed until he has completed the training and probationary period specified by the rules and regulations of the Police Department.

(E) Police reserves shall not be authorized by the Police Department to carry weapons or police identification while off duty.

(F) Each police reserve shall, at all times, work under the direct supervision of a regular officer.

(G) Police reserves shall not have, nor be authorized to exercise, police powers except during those times as they shall be on scheduled or authorized duty.

(H) Police reserves shall wear a uniform distinguishable from that of a regular police officer.

(I) Police reserves shall not work in place or in substitution of a regular police officer.

(Ord. 9004, passed 7-9-90)

POLICE COMMISSION

' 33.90 NECESSITY.

It is determined by the Town Council that it is advisable and necessary to establish a four member Police Commission consisting of two current members of Town Council, plus the Chief Marshal and a citizen of the town, to facilitate communications between the Town Council and the Police Department.

(Ord. 9503, passed 10-9-95)

' 33.91 ESTABLISHMENT.

A four member Police Commission is established to act in an advisory capacity to the Town Council and the Police Department.

(Ord. 9503, passed 10-9-95)

' 33.92 APPOINTMENT OF MEMBERS.

The Police Commission shall consist of four members, two of whom shall be appointed by the President of the Town Council from the then current members of the Town Council, and one of whom shall be appointed from the citizenry of the town. The Chief Marshal shall act as the fourth member. Each member shall be appointed on an annual basis on or before the second Monday in January of each year for a one-year term. There shall be no limitation on Commission members serving successive terms.

(Ord. 9503, passed 10-9-95)

' 33.93 DUTIES.

The duties of the Police Commission shall be as follows:

(A) To advise and make recommendations to the Town Council in all matters concerning police protection or law enforcement for the town.

(B) To screen and make recommendations for any new applications for hire for the Police Department to the Town Council.

(C) To establish work schedules and to determine working hours for the members of the Police Department and Town Marshal with the advice and counseling of the Town Marshal and the approval of the Town Council.

(D) To propose rules and regulations for the government of the Police Commission and the Police Department subject to the approval of the Town Council.

(E) To prepare, adopt, promulgate, and supervise training and education programs for the Police Department.

(F) To help prepare, review, and make recommendations to the Town Council regarding the budget of the Police Department.

(G) Any and all other matters reasonably necessary to facilitate communication between the Police Department and Town Council to the extent they do not conflict with the duties of the Police Advisory Board.

(Ord. 9503, passed 10-9-95)

' 33.99 PENALTY.

Any person violating the provisions of '' 33.31(F), 33.33(E), and 33.34(B) shall upon conviction, pay a fine of not less than $10, or more than $100 for each offense.

(Ord. 8017, passed l-12-81)

CHAPTER 34: TOWN POLICIES

Section

Drug and Alcohol Free Workplace

34.01 Statement of town policy

34.02 Tests required - generally

34.03 Tests required - specifically

34.04 Test results

34.05 Confidentiality

34.06 Summary

Purchasing Rules

34.10 Protection of Officers: status of documents as Public Records

34.11 Discussions with offerors responding to a request for proposals

34.12 Delay of opening of offers

34.13 Evidence of financial responsibility

34.14 Use of RFP for purchase of designated types of supplies

34.15 Modification and termination of contracts

34.16 Purchase of services.

34.17 Purchase of supplies manufactured in the United States.

DRUG AND ALCOHOL FREE WORKPLACE

' 34.01 STATEMENT OF TOWN POLICY.

(A) The Town of Long Beach, Indiana (hereinafter referred to as "town") recognizes that the use and abuse of controlled substances and alcohol has become a serious national problem. Drug and alcohol abuse in the workplace endangers the health and safety of both workers and co‑workers and undermines job performance, productivity and the work environment. In short, it inhibits the ability of all of us to get our job done.

(B) The town does hereby implement this policy for the following reasons:

(1) To ensure the safety of workers (herein defined as all paid workers and voluntary workers of the town) and the public;

(2) To comply with the requirements of the Drug‑Free Workplace Act of 1988;

(3) To reduce absenteeism, workers' injuries, workers' compensation and sickness and disability insurance costs;

(4) To maintain worker productivity and to protect the town's resources;

(5) To fulfill the town's duty to its workers under applicable standards of the Occupational Safety and Health Administration.

(C) It is the town's policy that the illegal use of alcohol and drugs is prohibited at all times and that a positive test indicating the illegal presence of alcohol and drugs is a violation of this policy. It is also against the town's policy to use, sell, transport or possess, internally or externally, illegal controlled substances or alcohol while on town time and/or property. Violation of any of these prohibitions will result in discipline up to and which may include discharge. Additionally, any worker who is convicted of a felony pursuant to a criminal drug statute will be subject to disciplinary action up to and which may include discharge.

(D) In establishing this policy, the town wants its workers to know that the policy was developed to help solve a very difficult health, safety and social problem. Its workers are its most valuable resource, and the safety of its workers, and that of the public, is of utmost importance. This policy is intended to deter drug and alcohol abuse by accurately detecting drug and alcohol use, while at the same time protecting workers from inaccurate test results.

(E) Most importantly, all workers must know that help is readily available to anyone who feels that he or she may have a problem with drug and/or alcohol abuse. The town has in place procedures for voluntary, as well as mandatory, testing, and encourages workers to be tested voluntarily. The town has available information on and access to appropriate assistance programs to help those individuals who have drug and/or alcohol use problems.

(Ord. 9608, passed 3-10-97)

' 34.02 TESTS REQUIRED ‑ GENERALLY.

(A) Drug testing. Urine drug testing is a critical component of efforts to combat drug abuse in our society. Workers will be expected to submit a specimen of urine in order to detect the presence of any drugs.

(B) Alcohol testing. Workers may be required to submit to a breath test in the case of alcohol testing.

(C) Circumstances for testing. The town will conduct a test under the following circumstances, which are described in greater detail below:

(1) Pre‑employment.

(2) Periodic.

(3) Pursuant to reasonable or just cause.

(4) Following certain accidents.

(5) Random.

The town will also conduct alcohol testing under the circumstances of post‑accident, pursuant to reasonable or just cause, and qualifying worker compensation injury.

(D) Testing. All testing will be performed by a collection site determined by the town. The collection site will meet or exceed the minimum standards established by the Department of Health and Human Services for the testing of federal employees. Upon arrival at the collection site for testing, the worker will be asked to sign a Custody and Control Form. A worker's refusal to sign the form, or his or her refusal or failure to undergo the test, immediately will be considered insubordination, thereby subjecting the worker to discipline up to and which may include discharge.

(Ord. 9608, passed 3-10-97)

' 34.03 TESTS REQUIRED ‑ SPECIFICALLY.

(A) Pre‑employment test. All job applicants whom the town considers to hire to positions covered by this policy are required to submit to a drug test. The town's offer to hire an applicant is conditioned upon the applicant's passage of the pre‑employment drug test. Applicants will be notified of the town's policy and mandatory drug test requirements upon receipt of a job application. Applicants whom the town considers to hire will be directed to the collection site. The collection site will supply the collection kit, chain of custody forms, and all other necessary supplies. The town will notify the collection site to expect that person and indicate the time by which that person must report. Applicants who refuse the test or fail to sign the consent form will not be considered for hire by the town. Applicants will be required to undergo a new test in the event an invalid or unreliable specimen is obtained during the first test, which unreliability or invalidity is unrelated to the conduct of the applicant. However, an applicant who fails or refuses to undergo the test at the time directed, or whose specimen is determined by the collection personnel, the laboratory analyzing the specimen, or the town's MRO to be invalid or unreliable due to the applicant's conduct, will not be considered suitable for employment with the town. Applicants who test positive will not be considered suitable for employment with the town.

(B) Periodic testing. Workers will be required to submit to a drug and/or alcohol test conducted in accordance with the requirements set forth by the town. These tests shall be conducted as required by state or federal statute and/or regulation. Periodic testing shall be done with no more than 24 hours' notice prior to testing. A worker's failure to refusal to submit to such test will be considered insubordination, thereby subjecting the worker to immediate discipline which may include discharge.

(C) Reasonable cause testing. The town will require a worker to be tested whenever the town has reasonable cause. Reasonable cause means that the actions, appearance or conduct of the worker who is on the job are indicative of the use of a controlled substance or alcohol. The town will have reasonable cause whenever the actions of the worker are personally observed and documented within 24 hours, by at least one town official who has received training in the identification of actions, appearance or conduct which are indicative of the use of a controlled substance or alcohol. Examples of circumstances which may warrant a reasonable cause test include, but are not limited to:

(1) An accident.

(2) A pattern of accidents.

(3) A pattern of tardiness.

(4) Personal misconduct.

(5) Marked behavioral changes.

(6) A personal injury.

(7) A pattern of personal injuries.

(8) A pattern of absenteeism.

(9) Personal appearance.

(10) Decline in productivity.

(11) Any other action, appearance or conduct which is indicative of the use of a controlled substance or alcohol.

Workers for whom the town has reasonable cause to test will be considered not suitable to work and will be suspended (with or without pay) immediately pending the results of their test.

Upon finding reasonable cause, the worker will be required to undergo a drug‑test immediately. The worker will be advised of this by the town official who personally observed the worker's actions, appearance or conduct, or, if that official is not also the worker's supervisor, by the worker's supervisor and the witnessing official. At the collection site, the worker will be asked to sign the Custody and Control Form. Refusal to sign the form, or refusal or failure to undergo the test immediately will be considered insubordination, thereby subjecting the worker to discipline up to and which may include discharge.

Workers for whom the town has reasonable cause to test will be escorted by the Town Clerk, an authorized designee or a combination thereof, to the collection site. The town will attempt to contact the worker's spouse or other member of the worker's family in order to make arrangements for transporting the worker to his or her home following the test. In the event the town is unable to contact the worker's spouse or other family member, the town will make arrangements for transporting the worker home by cab or some other suitable means. In the event the worker rejects the town's efforts in this regard and insists on driving his or her personal vehicle, the town will make measures it deems appropriate to prevent the worker from driving, including contacting appropriate law enforcement personnel.

(D) Post‑accident testing. Any worker who is involved in an accident for which there is reason to believe the use of a controlled substance or alcohol contributed to the accident, particularly those accidents that result in a fatality, serious bodily injury or significant property damage, will be required to submit to a drug and/or alcohol test as soon as possible, but no later than eight hours

after the accident if alcohol is suspected, or 32 hours after the accident if controlled substances are suspected. A worker who refuses to undergo a post‑accident drug test will be considered insubordinate, and will be subject to discipline, up to and which may include discharge.

(E) Random testing. The town reserves the right to require workers to submit to a drug test whenever that worker is selected under the town's random selection procedure. The frequency of testing and the number of individuals to be randomly tested is within the sole discretion of the town. The town's random selection process will be objective and conducted in accordance with recognized principles of random selection. Workers will be selected by the Town Clerk on the basis of a lottery. Appropriate safeguards will protect worker identity. All random tests will be unannounced. When advised of their selection, workers will be expected to report immediately to the designated collection site to provide a specimen.

The Department of Transportation has required, pursuant to Federal Guidelines, random testing of all commercial driver's license workers of the town. Drug testing of workers holding a commercial driver's license shall be conducted on a random, unannounced basis, and will occur and be performed by a qualified, independent testing company retained for this purpose by the town. Said testing company shall conduct random testing by following the Federal Department of Trans-portation and Federal Highway Administration regulations, guidelines, and requirements in regard to testing the town's commercial driver's license holders, including, but not limited to, Title 49, CFR ' 6553, 49 CFR ' 654, 49 CFR ' 40 and 49 CFR ' 382. The percentage amount of random testing of commercial driver's license holders will be determined in accordance with applicable Federal regulations. Commercial driver's license drivers randomly selected for testing must proceed immediately to the collection site upon notification of their selection. A commercial driver's license driver shall only be tested for alcohol just prior to, while on duty, or immediately after the performance of commercial driver's license or safety sensitive duties. Random drug testing may occur at any time during the workday and drugs tested for during the random drug testing procedure shall be only those substances required under federal regulations. All remaining applicable Federal Highway Administration and Department of Transportation Federal regulations regarding random drug testing of commercial driver's license holders shall be incorporated into this section and applicable to town commercial driver's license holders.

(Ord. 9608, passed 3-10-97)

' 34.04 TEST RESULTS.

(A) Medical Review Officer (MRO). A Medical Review Officer will be used to ensure the integrity of the collection and laboratory processes, and the protection of the privacy rights of workers being tested. The MRO is a licensed physician who is knowledgeable in drug and alcohol abuse disorders. The name, address and telephone number of the town's MRO are identified at the end of this policy.

The results of all tests will be first reported to the town's MRO by the laboratory performing the test. Negative results will be summarily reported to the town representative by the MRO. In the case of a positive result, the MRO is responsible to review and interpret the result and determine whether there is an acceptable medical reason for the presence of the disclosed drug. To accomplish this, the MRO will contact, or make a reasonable effort to contact, the worker in question in order to discuss the test results and whether the drug disclosed was a medication used in accordance with the town's policy on prescription and non‑prescription medication. If the MRO is unable to contact the worker, the MRO will contact the town representative to arrange for the worker to contact the MRO. In the event that the worker refuses to speak with the MRO, or the worker cannot be contacted within five days, the MRO is permitted to report the test result as "positive" to the town, noting that contact with the worker was not made and the town will take the appropriate disciplinary action up to and which may include discharge.

(B) Prescription and non‑prescription medications. Nothing in this policy prohibits a worker's appropriate use of medication legally prescribed by a licensed physician who is familiar with the worker's medical history and assigned duties, or the lawful use of non‑prescription drugs, where the worker's use of such medication will not affect the worker's ability to perform his or her duties without creating a risk to the worker's safety or the safety of others.

Before a worker submits to a test, the worker will be given an opportunity to note on his or her copy of the chain‑of‑custody form the prescription and/or non‑prescription medications lawfully being used by the worker. Medications prescribed for a person other than the worker will not be considered lawfully used when taken by the worker.

(Ord. 9608, passed 3-10-97)

' 34.05 CONFIDENTIALITY.

The results of all drug and alcohol tests will be kept separate from the worker's personnel file. All individual test results will be considered confidential, and access to individual results will be limited according to the standards set forth in the Drug‑Free Workplace Act of 1988.

(Ord. 9608, passed 3-10-97)

' 34.06 SUMMARY.

The town is committed to the health and safety of its workers and the public, and to the productivity of the town. It is with a sense of sincere concern, therefore, that the town's drug and alcohol policy has been implemented.

The town is fully committed to administering a program that is fair and equitable to every worker subject to testing. This program has been designed and will be conducted to ensure the highest standards of quality and the protestation of each worker's right to privacy.

The town expects that every worker subject to this policy will participate fully, willingly and in good faith, and with the knowledge that a safe, healthful and productive work environment is to the benefit of all.

(Ord. 9608, passed 3-10-97)

PURCHASING RULES

' 34.10 PROTECTION OF OFFERS: STATUS OF DOCUMENTS AS PUBLIC RECORDS.

(A) Protection of offers prior to opening. The purchasing agent shall retain all offers received in a secure location prior to the date and time at which offers will be opened in order to prevent disclosure of the contents prior to the opening of the offers.

(B) Unobstructed evaluation of offers. After offers have been opened, the purchasing agent shall be responsible for maintaining the offers in such a manner as to permit evaluation of the offers by the persons responsible for evaluating the offers.

(C) Public records status of bids. Bids submitted in response to an invitation for bids must be available for public inspection and copying after the time of the bid opening.

(D) Register of proposals. The purchasing agent shall prepare a register of proposals for each request for proposals issued which shall contain information concerning the proposals available for public inspection and copying. Proposals may not be disclosed.

(Ord. 9806, passed 6-8-98)

' 34.11 DISCUSSIONS WITH OFFERORS RESPONDING TO A REQUEST FOR PROPOSALS.

The purchasing agent may conduct discussions with, and best and final offers may be obtained from responsible offerors who submit proposals determined to be reasonably susceptible of being selected for a contract award.

(Ord. 9806, passed 6-8-98)

' 34.12 DELAY OF OPENING OF OFFERS.

When the Town Council makes a written determination that it is in the best interests of the town, offers may be opened after the time stated in the solicitation. The date, time and place of the rescheduled opening must be announced at the time and place of the originally scheduled opening.

(Ord. 9806, passed 6-8-98)

' 34.13 EVIDENCE OF FINANCIAL RESPONSIBILITY.

(A) Purchases less than $25,000. The purchasing agent may not require evidence of financial responsibility when the estimated cost of a purchase is less than $25,000.

(B) Purchases between $25,000 and $75,000. The solicitation may include a requirement that an offeror provide evidence of financial responsibility. If evidence of financial responsibility is required,

the solicitation must indicate the kind of evidence that will be acceptable. If a bond or certified check is required, it may not exceed 10% of the estimated cost of the purchase.

(C) Purchases over $100,000. The solicitation shall include a requirement that an offeror provide evidence of financial responsibility and must indicate the kind of evidence that will be acceptable. If a bond or certified check is required, it may not exceed 10% of the estimated cost of the purchase.

(Ord. 9806, passed 6-8-98)

' 34.14 USE OF RFP PURCHASES OF DESIGNATED TYPES OF SUPPLIES.

(A) It is either not practicable or not advantageous to purchase certain types of supplies by sealed competitive bidding; and

(B) Receiving proposals is the preferred method for purchasing the following types of supplies: vehicles; motorized equipment (vehicular or otherwise); road paving materials and services; any purchases expected to exceed $25,000 or any other purchases specifically so designated by the Town Council.

(Ord. 9806, passed 6-8-98)

' 34.15 MODIFICATION AND TERMINATION OF CONTRACTS.

(A) Price adjustments. The purchasing agent may include provisions to permit price adjustments in a purchase contract. The following provisions for price adjustments may be included:

(1) Price adjustments must be computed by agreement on a fixed price adjustment before the beginning of the pertinent performance or as soon after the beginning of performance as possible;

(2) Price adjustments must be computed by unit prices specified in the contract or subsequently agreed upon;

(3) Price adjustments must be computed by costs attributable to the events or situations under such clauses with adjustments of profit or fee, all as specified in the contract or subsequently agreed upon;

(4) Price adjustments must be computed in such other manner as the contracting parties may mutually agree upon; or

(5) In the absence of agreement by the parties, price adjustments must be computed by a unilateral determination by the governmental body of the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as computed by the governmental body in accordance with applicable rules adopted by the governmental body.

(B) Adjustments in time of performance. The purchasing agent may include provisions in a purchase contract concerning adjustments for time of performance under the contract.

(C) Unilateral rights of the town. The purchasing agent may include in a purchase contract provisions dealing with the unilateral right of the town to order changes in the work within the scope of the contract or to order temporary work stoppage or delays in time of performance.

(D) Quantity variations. The purchasing agent may include in a purchase contract provisions dealing with variations between the estimated quantities of work in a contract and the actual quantity delivered.

(Ord. 9806, passed 6-8-98)

' 34.16 PURCHASE OF SERVICES.

(A) The town determines that the Clerk-Treasurer and/or Town Council may purchase services, except for the services of attorneys, in whatever manner the purchaser determines to be reasonable.

(B) The Clerk-Treasurer may not require any other department head of any town agency, department or office to purchase services in any particular manner unless so directed by the Town Council.

(Ord. 9806, passed 6-8-98)

' 34.17 PURCHASE OF SUPPLIES MANUFACTURED IN UNITED STATES.

(A) Supplies manufactured in the United States shall be specified for all town purchases and shall be purchased unless the town determines that:

(1) The supplies are not manufactured in the United States in reasonably quantities;

(2) The prices of the supplies manufactured in the United States exceeds by an unreasonably amount the price of available and comparable supplies manufactured elsewhere;

(3) The quality of supplies manufactured in the United States is substantially less than the quality of comparable priced available supplies manufactured elsewhere; or

(4) The purchase of supplies manufactured in the United States is not in the public interest.

(Ord. 9807, passed 6-8-98)

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TITLE III: ADMINISTRATION

PASSAGE OF ORDINANCES

TOWN MANAGER

CLERK AND TREASURER

TOWN MARSHAL

FINANCIAL ADMINISTRATION

CHAPTER 33: DEPARTMENTS, BOARDS, AND COMMISSIONS

Police Reserves

PARK AND RECREATION BOARD

VOLUNTARY FIRE DEPARTMENT

DEPARTMENT OF WATER WORKS

POLICE DEPARTMENT ADVISORY BOARD

POLICE RESERVES