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(A) The Council hereby authorizes, budgets and appropriates funds from the General Fund of the town to pay the expenses of or to reimburse town officials, as the case may be, for expenses incurred in promoting the best interests of the town for economic development. These expenses may include but not necessarily be limited to rental of meeting places, meals, decorations, memorabilia, awards, expenses incurred in interviewing job applicants, expenses incurred in promoting industrial, commercial and residential development, expenses incurred in developing relations with other units of government, and any other expenses of a civic or governmental nature deemed by the Council to be in the best interest of the town as related to economic development.
(B) These funds shall be not in excess of $ 2,500 per calendar year.
(Ord. 1997-4, passed 3-20-1997)
(A) The town finds that it is necessary and desirous to adopt a policy of conduct with regard to nepotism in the employment with the town and in contracting with the town in order to continue to be able to provide local government services to its residents and to comply with the new laws effective July 1, 2012, known as I.C. 36-1-20.2 and I.C. 36-1-21, respectively.
(B) On July 1, 2012, the town shall have a nepotism and a contracting with the unit policy that complies with the minimum requirements of I.C. 36-1-20.2 (hereinafter “nepotism policy”) and I.C. 36-1-21 (hereinafter “contracting with a unit by a relative policy”) and implementation will begin.
(C) The town nepotism policy is hereby established effective July 1, 2012, by adopting the minimum requirements provisions of I.C. 36-1-20.2, and including all future supplements and amendments thereon which become law from time to time, and making them a part hereof as if fully set out herein. In addition, a copy of I.C. 36-1-20.2 nepotism in effect on July 1 is attached hereto.
(D) The town contracting with a unit by a relative policy is hereby established effective July 1, 2012, by adopting the minimum requirements provisions of I.C. 36-1-21, and including all future supplements and amendments thereto which become law from time to time, and making them a part hereof as if fully set out herein. In addition, a copy of the I.C. 36-1-21 nepotism in effect on July 1 is attached herein.
(E) The town finds that both I.C. 36- 1-20.2 and I.C. 36-1-21 specifically allow a unit to adopt requirements that are “more stringent or detailed” and that more detailed are necessary.
(F) The town further funds that a single member of the legislative body cannot act for the body to make work assignments, compensation, grievances, advancement or a performance evaluations without prior authority of a majority of the body and therefore without such authority by the majority he/she will not be in the direct line of supervision. See I.C. 36-4-6- 11 and I.C. 36-5-2-9.4.
(G) The town finds that a single member of governing bodies with authority over employees in the town cannot act for the governing body to make work assignments, compensation, grievances, advancement or a performance evaluation without prior authority of a majority of the body when a statute provides that a majority is needed to act, and therefore, without such authority by the majority the single member will not be in the direct line of supervision.
(H) All elected and appointed officials and employees of the town are hereby directed to cooperate fully in the implementation of the policies created by this resolution and demonstrating compliance with these same policies.
(I) Failure to abide by or corporate with the implementation, compliance and certifications connected with the nepotism policy is a violation and may result in the discipline, including termination, of an employee or a transfer from the direct line of supervision or other curative action. An elected or appointed official of the town who fails to abide by or cooperate with the implementation, with the compliance and with mandated certifications of either the nepotism policy may be subject to action allowed by law.
(J) Failure to abide by or cooperate with the implementation, compliance and certifications connected with the contracting with unit by a relative policy is a violation and may result in the discipline, including termination of an employee or a curative action. An elected or appointed official of the town who fails to abide by or cooperate with the implementation, with the compliance and with mandated certifications of either the nepotism policy or the contracting with unit by a relative party may be subject to action allowed by law.
(K) The policies created by this section are hereby directed to be implemented by any of the following actions:
(1) Posting a copy of this section in its entirety in at least one of the locations in the town where it posts employer posters or other notices to its employees;
(2) Providing a copy of this section to its employees and elected and appointed officials;
(3) Providing or posting a notice of the adoption of this section; or
(4) Any such other action or actions that would communicate the policies established by this section to its employees and elected and appointed officials. Upon any of taking these action these policies are deemed implemented by the town.
(L) A copy of the provisions of I.C. 36-1-20.2 and I.C. 36-1-21 effective July 1, 2012, are annexed hereto.
(M) Two copies of I.C. 36-1-20.2 and I.C. 36-1-21, and as supplemented or amended, are on file in the office of the Clerk-Treasurer for the town for public inspection as may be required by I.C. 36-1-5-4.
(Res. 2012-10, passed 6-19-2012)
The town adopts as policy the internal control standards as set forth by the Indiana State Board of Accounts Uniform Internal Control Standards for Indiana Political Subdivisions Manual, as expressly written and published by the Indiana State Board of Accounts in September 2015, and as amended from time to time. In order to implement these standards, the Clerk-Treasurer shall certify, in writing, that personnel, as defined in statute, have received the required training. All officers, elected officials and employees are required to comply with the policy. Employees who fail to comply with this policy are subject to discipline, including but not limited to, termination of their employment.
(Ord. 2016-6, passed 6-21-2016)
The Clerk-Treasurer is hereby authorized to make application for business credit, charge accounts and/or charge cards for the use of town department heads and other employees (hereinafter “accounts”). No other employee, agent or elected official of the town is authorized to make application for or otherwise obtain any credit cards, debit cards, charge accounts or charge cards in the name of the town.
(A) When not in use, all credit cards not issued to and maintained by a department head shall be secured by and in the Office of the Clerk-Treasurer.
(B) Upon request by a department head or an employee authorized by a department head, the Clerk-Treasurer shall issue an appropriate credit card to that department head or employee for use.
(C) For all credit cards maintained by the Clerk-Treasurer, the Clerk-Treasurer shall maintain an accounting system or log recording the name of each individual to whom a credit card is issued, the date the credit card is returned to the Clerk-Treasurer.
(D) For any and all credit cards delivered by the Clerk-Treasurer to a department head who retains possession of the credit card, the department head shall maintain the accounting system or log as required by division (C) herein.
(E) Charges made on any account shall be only for authorized items.
(F) Within 72 hours following any use of an account, the person using that account shall provide the original receipt to the Clerk-Treasurer.
(G) No credit card or account issued in the name of the town shall be used for private purchases. Any employee who fails to provide a receipt for a purchase shall be personally liable to the town for the full amount of that charge, and shall be subject to discipline by the town.
(H) Credit cards and accounts shall not be used to bypass or avoid the accounting system of the town. Charges to the credit cards and accounts shall be paid by the Clerk-Treasurer only on the basis of original receipts and from appropriate budgeted funds, accounts and line items pursuant to the claims procedures of the town.
(I) The town is tax exempt as an Indiana government unit; therefore no taxes are to be paid on purchases using a town credit card.
(J) No credit card or account shall be used by an employee to obtain a cash advance.
(Ord. 2016-1, passed 3-15-2016)
(A) The Council hereby designates the following persons to serve as purchasing agents for the town:
(1) The Clerk-Treasurer;
(2) The Town Marshal;
(3) The Town Superintendent of Utilities; and
(4) Other Town employees which may be designated by the Town Council, from time to time, in writing.
(B) Designated town purchasing agents may purchase supplies and services for the town as authorized and in compliance with the Small Purchases Policy as set forth in this section.
(C) Policy.
(1) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SMALL PURCHASE. A purchase of supplies and/or services in an amount less than $50,000.
SUPPLIES. Any property, including equipment, goods, and materials.
(2) For all small purchases of supplies, the following shall apply.
(a) Pricing.
1. A purchasing agent shall solicit and compare prices from as many responsible suppliers of supplies as is practical. Responsible supplier shall mean a supplier who has the apparent ability to timely and responsibly deliver the described supplies and who submits a bid or quote conforming in all material respects to the requisite description or specifications. In the event there are three or more available suppliers who are believed to be responsible, a purchasing agent shall solicit and attempt to secure no less than three proposals.
2. For all purchases up to $5,000, a purchasing agent, after complying with these policies, may commit to make the purchase.
3. For all purchases in excess of $5,000, a purchasing agent shall comply with these policies, but shall have no authority to accept a quote or proposal or otherwise commit the town to the purchase. Formal action by the Council is required for all purchases of supplies over $5,000. A purchasing agent shall purchase from the responsible supplier who submits the lowest responsive bid unless there is a compelling reason to purchase from another, taking into consideration any applicable preferences, past experience, timeliness of delivery, reputation, and standing in the industry or profession.
4. Comparison pricing can be obtained via telephone, letter, email, fax, or website.
(b) Purchasing preferences.
1. For purchases of supplies, the following purchasing preferences may be applied to responsible providers who offer a responsive quote:
A. Under I.C. 5-22-15-16, a price preference of 10% is available to suppliers offering supplies that contain recycled materials or post-consumer materials;
B. For purchases resulting in a contract, a price preference of 5% is available to suppliers that qualify as a "local Indiana business" as defined in I.C. 5-22-15-20.9; or
C. A price preference of 15% is available to suppliers that qualify as an "Indiana small business" pursuant to I.C. 5-22-15-23.
2. In assessing whether a bid or quote is responsive, the purchasing agent and/or purchasing agency may evaluate whether the supplies and delivery schedule offered conform in all material respects to the specifications and whether the supplier has complied with all applicable statutes, ordinances, resolutions, or rules pertaining to the award of a public contract.
3. A supplier who wants to claim a preference provided by this policy must indicate in the quote which preference is claimed and the supplier must certify that it qualifies for the stated preference. In order to be considered for the Indiana small business preference, suppliers must provide the purchasing agent with information regarding the number of employees employed by the supplier and the average sales and receipts for the prior year.
4. The purchasing agent will use the U.S. Small Business Administration Table of Small Business Size Standards in assessing whether a particular supplier qualifies as a small business.
5. Suppliers are only eligible to claim one type of preference. The purchasing agent shall follow the procedures outlined in I.C. 5-22-15-10 in assessing purchasing preferences.
(c) Preference for supplies manufactured in the United States. As required by I.C. 5-22-15-21, supplies manufactured in the United States shall be specified and purchased by the town unless the purchasing agent determines that any of the following apply:
1. The supplies are not manufactured in the United States in reasonably available quantities;
2. The price of the supplies manufactured in the United States exceeds by an unreasonable amount the price of available and comparable supplies manufactured outside the United States. For purposes of this section, UNREASONABLE AMOUNT shall mean 15%. Accordingly, if the price of supplies manufactured in the United States exceeds, by 15% or more, the price of available and comparable supplies manufactured outside the United States, the difference in price shall be deemed to be unreasonable and the purchasing agent may specify and/or purchase the supplies manufactured outside the United States;
3. The quality of the supplies is substantially less than the quality of comparably priced available supplies manufactured outside the United States; or
4. The purchase of supplies manufactured in the United States is not in the public interest.
(d) Purchases will not be artificially divided so as to constitute a small purchase.
(3) Nothing in this policy shall be interpreted as precluding the purchasing agent from making a special purchase under I.C. 5-22-10.
(4) All purchases must be documented by a purchase order, invoice, or receipt in a form and manner acceptable to the purchasing agency and the Clerk-Treasurer.
(Ord. 2018-6, passed 9-11-2018)