§ 32.23 RESPONSIBILITIES OF BOARD.
   The following assigned responsibilities shall apply to the Board of Fire Commissioners:
   (A)   Recommend to the Town Council the appointment of the Fire Chief for each calendar year.
   (B)   Elect officers at the first regularly scheduled meeting of the new year.
   (C)   Appoint or reappoint an attorney and secretary for the Commission at the first meeting of the year.
   (D)   Require the attendance of the Commission attorney at each scheduled Commission meeting for legal consultation who, in turn, shall cooperate and communicate with the Town Attorney.
   (E)   Require the Commission secretary to report all official meetings of the Commission and further require the secretary to have copies of the minutes of the meetings in the hands of each Commission member a minimum of three (3) days prior to the next regularly scheduled meeting.
   (F)   Require that the Commission have a quorum of members (a minimum of four (4)) present before an official meeting can be conducted.
   (G)   Require that a minimum of one (1) meeting per month be held throughout the calendar year with proper publication of notice of meetings as legally required.
   (H)   Require that an agenda be established by the Chief of the Fire Department and the President of the Commission, to be placed in the hands of each Commission member a minimum of three (3) days prior to the scheduled meeting date.
   (I)   Permit the holding of closed-door executive sessions subject to public notice given for all meetings, including executive sessions, at least 48 hours before the meeting. The 48-hour period cannot include any hours from a Saturday, Sunday or legal holiday. Notice shall consist of posting the date, time and place of the meeting in the Town Hall or at the location of the meeting, if different from the Town Hall. The notice must also be mailed or faxed to local media organizations; however, there is no requirement to publish the notice in the newspaper. The ten (10) exclusive reasons that may serve as a basis for an executive session are as follows. Further information on the Open Door Law can be found in I.C. 5-14-1.5, Indiana Open Door Law.
      (1)   Where authorized by federal or state law.
      (2)   For discussion of strategy for collective bargaining, initiation of litigation or litigation which is either pending or has been threatened, the implementation of security systems, or the purchase or lease of real property.
      (3)   To interview industrial or commercial prospects or their agents by some governmental agencies.
      (4)   To interview prospective employees.
      (5)   With respect to any individual over whom the governing body has jurisdiction, to receive information concerning the individual's status as an employee or student.
      (6)   For discussion of records classified as confidential by state or federal statute.
      (7)   To discuss before any placement decision, an individual student's abilities, past performance, behavior and needs.
      (8)   To discuss a job performance evaluation of individual employees except in the context of the budget process.
      (9)   To narrow a list of prospective appointees to three (3) persons when considering the appointment of a public official.
      (10)    For school board member training meetings.
   (J)    Workshops or administrative meetings must be open to the public. Notice need not be given for meetings held solely for administrative purposes which includes receiving information or recommendations or conferring with Town employees. (See the Indiana Elected Municipal Officials Handbook)
   (K)   The Chief shall submit new employee resumes and applications for the Commission to interview and review in an executive session if properly scheduled and advertised. The method of this function shall be established and documented as a matter of policy by the Commission with no deviation from one person to another.
   (L)   Disciplinary action against personnel shall be as set forth in the Department Policy Manual.
   (M)   The Commission shall request and be provided the following items from the Chief:
      (1)   Monthly department activity report three (3) days prior to scheduled Commission meetings.
      (2)   Monthly department activity report shall also be submitted to the Town Council and the Township Trustees.
      (3)   Monthly claims register showing expenditures presented to Commission, Town Council and Township Trustees; all balance sheets submitted each quarter or upon request.
      (4)   Malfunctions of equipment, misconduct of personnel, accidents involving department's rolling stock, injuries to department personnel, or any involvement considered out of the ordinary shall be a matter of record to the President of the Commission at the earliest time, which in turn shall be reported to the Town Council President and the Township Trustees.
      (5)   Annual employee evaluations shall be reported to the Commission for the previous year's performance no later time than the October scheduled meeting.
      (6)   Transfers of funds or expenditures of funds exceeding line item amounts in the approved budget must first have prior approval of the Fire Commission.
   (N)   The Fire Chief shall submit job responsibilities of each employee to the Commission.
(See Policy Manual)
   (O)   Chief shall be evaluated by the Fire Commission one (1) time each year, no later than the November scheduled meeting, and results signed by the Chief and placed in his personnel file which is to be kept by the Clerk-Treasurer.
   (P)   The Commission and Fire Chief shall devise the annual departmental budget at the time it is requested by the Town Council, and it shall be submitted to the Town Council and the Brown and Lincoln Township Trustees for approval.
   (Q)   The members of the Commission shall not involve themselves in the department's daily activities except where items or incidents of concern become evident to the Commission. The Chief can be requested to respond to the Commission President within a reasonable time period.
   (R)   The Commission may request that its department and Chief be responsive to and cooperative with all other municipal departments.
   (S)   The Commission may demand a level of respect for its authority from the department.
   (T)   The Commission shall be respectful and cooperative with the Town Council, the Township Trustees and their Advisory Boards, and their respective authority.
   (U)   The Commission shall be cooperative with the Clerk-Treasurer and staff.
   (V)   The Commission shall review department rules and procedures annually.
   (W)   The Commission shall give directives only to the Chief and shall receive only the Chief as correspondent of the Department, except when a designee of the Chief has been appointed.
(`92 Code, § 2-68) (Ord. 93-29, passed 7-22-93; Am. Ord. 95-43, passed 10-26-95; Am. Ord. 95-49, passed 11-30-95)