GENERAL PROVISIONS

§ 33.01 UNIFORM INTERNAL CONTROL STANDARDS.

   (A)   The town adopts as policy the Internal Control Standards manual as set forth by the State Board of Accounts Uniform Internal Control Standards for Indiana Political Subdivisions as expressly written and published by the State Board of Accounts in September, 2015, and as amended from time to time.

   (B)   In order to implement these standards, the Clerk-Treasurer shall certify in writing that personnel as defined in the statutes have received the required training.

      (1)   All officers, elected officials, and employees are required to comply with the policy.

      (2)   Employees who fail to comply with this policy are subject to discipline, including but not limited to termination of their employment.

(Ord. 2016-9, passed 6-15-2016)

§ 33.02 INVESTMENT OF PUBLIC FUNDS.

   Pursuant to I.C. 5-13-9-5.7, the Town Council hereby authorizes the investing officer to make investments having a stated final maturity that is more than two years, but not more than five years after the date of purchase under the following circumstances.

   (A)   The fiscal body of the town shall first adopt an investment policy authorizing the investment of public funds of the town for more than two years and not more than five years in accordance with I.C. 5-13-9-5.7(a) and (b).

   (B)   This section and the power to make an investment having a stated final maturity that is more than two years, but not more than five years after the date of purchase, expire on the date on which the investment policy expires, which may not exceed four years.

   (C)   At the time an investment of public funds of the town is made, having a stated final maturity that is more than two years, but not more than five years, the total of such investments of the town may not exceed 25% of the total portfolio of public funds invested by the town, including balances in transaction accounts.

   (D)   An investing officer may contract with a federally regulated investment advisor or other institutional money manager to make such investments.

   (E)   The Town Council hereby authorizes the investing officer of the town to invest in certificates of deposit of depositories that have not been designated by the local Board of Finance but have been designated by the State Board of Finance as a depository for state deposits under I.C. 5-13-9-5.

(Ord. 2015-7, passed 7-1-2015; Res. 2017-8, passed 6-7-2017)

§ 33.03 POLICY ON MATERIALITY AND PROCESS FOR REPORTING MATERIAL ITEMS.

   (A)   Town Council endorsement of directive policy. The Town Council hereby endorses the Clerk-Treasurer’s directive, as set forth in division (B) below, regarding a policy on materiality and a process for reporting material items.

      (1)   The Town Council calls upon the Clerk-Treasurer and all town officials, employees, and agents to enforce and comply with the directive on materiality and process for reporting material items and to report noteworthy items to the Town Council.

      (2)   The Town Council directs the Clerk-Treasurer to monitor, as it deems necessary, compliance with the policy on materiality and process for reporting material items and report noteworthy items to the full Town Council.

      (3)   The Town Council asks the Clerk-Treasurer to advise the Town Council of any changes in the policy on materiality and process for reporting material items.

   (B)   Clerk-Treasurer directive policy on materiality and process for reporting material items.

      (1)   All erroneous or irregular variances, losses, shortages, or thefts of the town subdivision funds or property, or funds or property the town holds in trust, shall be reported to the Clerk-Treasurer or his or her designee promptly.

      (2)   It will be the policy of the Clerk-Treasurer to report to the State Board of Accounts any erroneous or irregular variances, losses, shortages, or thefts of cash in excess of $500, except for inadvertent clerical errors that are identified timely and promptly corrected with no loss to the town.

      (3)   It will be the policy of the Clerk-Treasurer to report promptly to the State Board of Accounts any erroneous or irregular variances, losses, shortages, or thefts of non-cash items in excess of $2,000, estimated market value, except for those resulting from inadvertent clerical errors or misplacements that are identified timely and promptly corrected with no loss to the town, and except for losses from genuine accidents.

      (4)   All town elected officials are asked, and all town employees and agents are directed, to comply with this policy, and the Town Council is asked to endorse it.

(Res. 2016-3, passed 2-17-2016)

§ 33.04 CREDIT CARD PURCHASING POLICY.

   (A)   The Town Council hereby approves of the continuing existence and use of the two current credit card accounts, including the payment of any necessary annual fees. However, no purchases shall be made using any credit card for any item(s) that exceed a cost of $2,500 without the express prior approval of the Town Council.

   (B)   All credit cards issued in the name of the town shall be kept, maintained, and in the possession of the Clerk-Treasurer.

   (C)   The credit cards shall only be used when necessary, in the judgment of the Clerk-Treasurer, for the efficient and expedient purchase of supplies and materials for the ownership, use, and benefit of the town.

   (D)   Any and all town employees needing to use a credit card as described above shall present to their supervisor a written request specifying the item(s) to be purchased, the identity of the merchant, the cost of the item(s), and the town fund that should be charged.

      (1)   If approved by the supervisor, the request shall be presented to the Clerk-Treasurer for final approval.

      (2)   Once approved, the employee shall sign out a credit card for the approved purchase, writing down the date and time that the credit card was taken.

      (3)   After the purchase, the credit card shall be returned immediately to the Clerk-Treasurer, and the employee shall write down the date and time of the return of the credit card. Upon return, the employee shall also deliver to the Clerk-Treasurer a written or printed receipt for the item(s) purchased.

      (4)   The Clerk-Treasurer shall maintain a log or accounting of all approved written requests, dates and times of sign out and return, and keep all receipts for items purchased.

   (E)   Any employee using a town credit card in violation of the above policy shall be responsible for reimbursing the town for any and all amounts charged on the credit cards, and shall further be subject to discipline pursuant to the town employee rules, regulations, and benefits.

(Ord. 2013-12, passed 12-4-2013)

§ 33.05 ADVANCED DISBURSEMENT OF FUNDS.

   (A)   Applicability. Notwithstanding I.C. 5-11-10, the Town Council having jurisdiction over allowance of the claims, is giving the Clerk-Treasurer permission to make claim payments in advance of Council allowance for the following types of expenses:

      (1)   Property or services purchased or leased from:

         (a)   The United States government; or

         (b)   An agency or a political subdivision of the United States government.

      (2)   License fees or permit fees;

      (3)   Insurance premiums;

      (4)   Utility payments or utility connection charges;

      (5)   Federal grant programs if:

         (a)   Advance funding is not prohibited; and

         (b)   The contracting party provides sufficient security for the amount advanced.

      (6)   Grants of state funds authorized by statute;

      (7)   Maintenance agreements or service agreements;

      (8)   Lease agreements or rental agreements;

      (9)   Principal and interest payments on bonds;

      (10)   Payroll;

      (11)   State, federal, or county taxes;

      (12)   Expenses that must be paid because of emergency circumstances; and

      (13)   Expenses described in an ordinance;

      (14)   Claims by town vendors where payment is due upon receipt;

      (15)   Claims by town vendors where payment is due within ten days;

      (16)   Claims by town vendors where payment is due within 20 days;

      (17)   Claims by town vendors where payment is due within 30 days of the town's receipt of such claim and the payment will be due before the next regularly scheduled Town Council meeting; and

      (18)   Required monthly transfers.

   (B)   Itemized claim. Each payment of expenses under the jurisdiction of this section must be supported by a fully itemized claim.

(1996 Code, § 41.02)

   (C)   Review of claim. The Town Council having jurisdiction over the allowance of the claim shall review and allow the claim at the Council’s next regular or special meeting following the pre-approved payment of the expense.

(1996 Code, § 41.03)

(Ord. 476, passed - -1993; Ord. 2009-01, passed 1-21-2009; Ord. 2019-19, passed 10-2-2019)

§ 33.06 ELECTRONIC FUNDS TRANSFER.

   Pursuant to the provisions of I.C. 36-1-8-11.5, by the Town Council of the Town of Argos, Indiana as follows:

   (A)   Electronic fund transfers. The Town of Argos/Argos Utilities is hereby authorized to use electronic fund transfers for official business of the Town of Argos.

   (B)   Authority of Clerk-Treasurer. The Town Clerk-Treasurer is hereby authorized and responsible for:

      (1)   Selecting the financial institution(s) to be used by the Town of Argos, Indiana for electronic fund transfers;

      (2)   Executing the application and agreement with the selected financial institution(s) for the Town of Argos, Indiana;

      (3)   Overseeing the use of electronic fund transfers for official Town business of the Town of Argos, Indiana;

      (4)   Maintaining the agreement and the relationship between the Town of Argos, Indiana and the financial institution(s);

      (5)   Establishing appropriate security procedures for passwords, codes, controls, and other authorizations to protect and preserve the funds and assets of the Town of Argos, Indiana; and

      (6)   Reviewing all transactions and confirmation in connection with the use of electronic fund transfers for property authorization, documentation, itemization, and purpose.

   (C)   Administration of payments. 

      (1)   The Town Clerk-Treasurer shall not draw a warrant for an electronic fund transfer unless:

         (a)   There is a fully itemized invoice or bill for each expense;

         (b)   Each invoice or bill is approved by the town employee or representative receiving the goods or services;

         (c)   The invoice or bill is filed with the Town Clerk-Treasurer;

         (d)   The Town Clerk-Treasurer audits and certifies before payment that the invoice or bill is true and correct; and

         (e)   Payment of the invoice or bill is allowed by the Argos Board of Public Works and Safety on the accounts payable register.

      (2)   All electronic fund transfers must be for official business of the Town of Argos, Indiana and shall not be personal in nature.

   (D)   Electronic fund transfers. 

      (1)   Electronic fund transfers shall include automated clearinghouse payments (ACH), wire transfers, direct deposit, on-line banking transactions, telephone transfers, and other electronically authorized or implemented transfers or payments.

      (2)   Notwithstanding the provisions of this section, the town shall comply with all other requirements regarding the payment of claims by a political subdivision.

(Ord. 2018-6, passed 11-7-2018)