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§ 31.10 TRAVEL POLICY.
   (A)   A Travel Policy for the town is hereby established. The policy shall hereafter be referred to as the “Town Travel Policy”.
   (B)   The following policy shall be used in providing or reimbursing Town Council Members, the Clerk-Treasurer, Members of Commissions and Boards, Appointed Officials and/or town employees for travel accommodations when such travel has been authorized and budgeted. Such persons shall hereafter be referred to as Town Official(s).
      (1)   Registration fees. The cost of registration or similar fees for conferences, seminars and other similar meetings or functions related to town affairs will be provided for or reimbursed. Arrangements for these affairs should be made by a designated person using the town credit card, or by billing the individual directly. All reimbursements must be documented by original detailed receipts.
      (2)   Transportation.
         (a)   Travel by commercial airlines, rail service, bus, or similar common carrier mode will be provided for at the prevailing “coach” or “tourist” rate when authorized and supported by original receipts.
         (b)   Taxi fare and/or the cost of other local (public) conveyance will be provided for or reimbursed when supported by original receipts.
         (c)   Parking fees and tolls will be reimbursed when supported by original receipts.
         (d)   When a personal automobile is used in lieu of common carrier transportation for travel distances over 300 one-way miles, as authorized by the employee’s immediate supervisor, the first 600 miles will be reimbursed at one-half the maximum IRS rate. Town vehicles for transportation shall be used whenever necessary and practical.
         (e)   The use of personal automobiles for Town Travel is permitted and will be reimbursed at the maximum IRS rate, provided the travel has been authorized by the employee’s immediate supervisor and that the proper mileage claims have been submitted.
      (3)   Lodging.
         (a)   Lodging shall be provided for or reimbursed when supported by original receipts in the following manner:
            1.   Single occupancy will be provided at the actual cost.
            2.   Double occupancy will be provided at actual cost when both parties are eligible for reimbursement.
            3.   Double occupancy will be provided at the single occupancy rate when only one party is eligible for reimbursement, unless room is a one rate charge.
         (b)   Reimbursement for lodging costs shall include room costs, associated local taxes and necessary, business-related telephone charges. Any other charges made to the room are the responsibility of the Town Official.
         (c)   Room service will not be reimbursable.
      (4)   Meals.
         (a)   Meals will be reimbursed when supported by original receipts up to $100 per day, including gratuities. Such gratuities should be reasonable and should not exceed 20%.
         (b)   When separate checks are not available, a Town Official may claim reimbursement for other Town Officials up to the maximum amount provided for in division (B)(4)(a) multiplied by the number of Town Officials, provided that each Town Official is identified by name and that an original receipt is provided. Payment for meals for any individual will not be made to more than one individual.
         (c)   Guests meals are allowable, provided that the guest is present for Town business affairs or as permitted by the Town Council. The guest meal cost shall be included in the total daily expenditure for meals as provided in division (B)(4)(a).
         (d)   No reimbursement will be made for meals when already provided for in the registration fee.
(Ord. 774, passed 7-25-00)
§ 31.11 DEFERRED COMPENSATION PLAN PROGRAM.
   (A)   The Town Council hereby adopts the Deferred Compensation Plan Program presently administered in conformance with the requirements of Section 457 of the Internal Revenue Service Code by Variable Annuity Life Insurance Company (VALIC), and its attendant investment options, and hereby establishes the additional Town of Cedar Lake Deferred Compensation Plan administered by VALIC and the voluntary participation and selection of participation by all eligible employees of the town.
   (B)   The Clerk-Treasurer is authorized to execute for the town, individual participation agreements with each employee requesting the same, and to act as the “Administrator” of the Deferred Compensation Plan with VALIC representing the town. The Town Council President is authorized to execute such agreements and contracts as are necessary to implement the additional Deferred Compensation Plan Program with VALIC, and the Clerk-Treasurer shall attest to the execution of the same by the Town Council President.
   (C)   Additional Deferred Compensation Plan.
      (1)   The Town Council hereby adopts the additional Deferred Compensation Plan Program presently administered in conformance with the requirements of Section 457 of the Internal Revenue Service Code by ICMA-RC and its attendant investment options, and hereby establishes the additional Town of Cedar Lake, Lake County, Indiana Deferred Compensation Plan in the form of the ICMA -Retirement Compensation Plan and Trust for the voluntary participation and selection of participation by all eligible employees of the town.
      (2)   The Town Council hereby authorizes its Town Council President and Clerk-Treasurer to execute the Declaration of Trust of the Vantage Trust Company, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the town, if the assets of the plan are to be invested in the Vantage Trust Company.
      (3)   The Town Council resolves that the assets of the Plan shall be held in trust, with the town serving as trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose.
      (4)   The Plan will be required to permit loans and to allow a Sidecar IRA program.
      (5)   The Clerk-Treasurer is hereby named the Coordinator for this program and for the town’s individual participation agreements with each employee requesting the same, and to act as the administrator of the Deferred Compensation Plan with ICMA-RC. The Clerk-Treasurer is hereby authorized to receive necessary reports, notices etc. from the ICMA Retirement Corporation or the Vantage Trust Company; shall cast, on behalf of the town, any required votes under the Vantage Trust Company; administrative duties to carry out the Plan may be assigned to appropriate departments and is authorized to execute all necessary agreements with ICMA Retirement Corporation incidental to the administration of the Plan.
      (6)   The town’s additional Section 457 Deferred Compensation Plan administered by Variable Annuity Life Insurance Company (VALIC) is hereby established, provided that there is no cost to the town for the program except for incidental expenses of collecting and dispersing the deferrals of the eligible participating employees, and other minor administrative matters regarding the same, and provided VALIC agrees to hold harmless and indemnify the town, as well as its appointed and elected officers, officials, Council members, and participating employees, for any loss resulting from the failure of VALIC or its agents to perform its duties and services pursuant to the VALIC Deferred Compensation Plan Program.
(Ord. 807, passed 10-9-01; Am. Ord. 817, passed 2-5-02; Am. Ord. 820, passed 2-26-02; Am. Ord. 988, passed 3-6-07; Am. Ord. 1371, passed 11-17-20)
§ 31.12 HEALTH INSURANCE PLAN; HEALTH SAVINGS ACCOUNT.
   (A)   There is established a fully-funded health insurance plan for regular full-time employees of the Town of Cedar Lake.
   (B)   There is established a health savings account (HSA) with a high deductible health plan (HDHP) for regular full-time employees of the Town of Cedar Lake as described in the IRS Code and further advised and instituted by the agent of record.
   (C)   The Clerk-Treasurer is directed and authorized to implement the health savings account (HSA) as advised and instituted by the agent of record.
   (D)   The town will contribute an initial sum of money for each regular full-time employee participating in the health savings account (HSA) as an encouragement to participate, and as an overall cost-saving measure to the town and its taxpayers.
      (1)   The contribution defined for year 2012 shall be as follows: $1,500 for each employee currently participating in the health savings account.
      (2)   For year 2013 and beyond, unless amended otherwise, the town’s contribution will revert back to the following:
         (a)   Five hundred dollars for one employee only.
         (b)   Seven hundred fifty dollars for one employee and spouse, or one employee and child/children.
         (c)   One thousand dollars for one employee and his/her family consisting of spouse and one or more children.
      (3)   The Town Council, as deemed necessary, may determine further contribution for existing participants of the health savings account as an incentive to continue participation in the plan.
   (E)   (1)A regular full-time employee who selects coverage under the town dental plan only will have the following contribution towards the premium deducted from his or her compensation as follows:
         (a)   One dollar monthly for one employee only.
         (b)   Two dollar monthly for one employee and spouse, or one employee and child/children.
         (c)   Three dollar monthly for one employee and his or her family consisting of spouse and one or more children.
      (2)   The monthly amount will be divided appropriately in order for the contribution to be deducted from 24 pay periods. For example: an employee contributing $1 monthly will have $.50 deducted from his or her bi-weekly pay for a total of 24 pay periods.
(Ord. 1035, passed 7-29-08; Am. Ord. 1152, passed 3-20-12)
§ 31.13 NEPOTISM POLICY; CONTRACTING WITH A UNIT BY A RELATIVE POLICY.
   (A)   The Town Council now finds that it is required, necessary, and appropriate to adopt a policy of conduct with regard to nepotism in employment with the town, as well as in contracting with the town, in order to continue to provide local government services to the residents of the town, as well as to comply with the new laws effective July 1, 2012, specified and set forth in the provisions of IC 36-1-20.2 and IC 36-1-21, respectively.
   (B)   The provisions of this section shall become effective for the town July 1, 2012, and whereby the town shall establish hereby a nepotism policy and a contracting with a unit policy, that complies with the minimum requirements of IC 36-1-20.2 (hereinafter nepotism policy), as well as IC 36-1-21 (hereinafter contracting with a unit by a relative policy). The Town Council further decrees hereby that implementation of each of the nepotism policy and contracting with a unit by a relative policy will become effective and whereby implementation will commence instanter on July 1, 2012.
   (C)   The nepotism policy of the town is hereby established effective July 1, 2012, by adoption of the minimum requirement provisions of IC 36-1-20.1 as the same currently exists, may be supplemented or amended thereto in the future, and as same exists hereafter. The current minimum requirement provisions of IC 36-1-20.2, and as such are supplemented or amended thereafter and as same is law in the state hereafter from time to time, are made a part hereof and incorporated herein as though fully set forth and incorporated herein. Further, a copy of the provisions of IC 36-1-20.2, entitled nepotism, in effect July 1, 2012 is attached hereto.
   (D)   The contracting with a unit by a relative policy of the town is hereby established effective July 1, 2012, by adoption of the minimum requirement provisions of IC 36-1-21, as the same currently exists, may be supplemented or amended thereto in the future, and as same exists hereafter. The current minimum requirement provisions of IC 36-1-21, and as such are supplemented or amended thereafter and as same is law in the state hereafter from time to time, are made a part hereof and incorporated herein as though fully set forth and incorporated herein. Further, a copy of the provisions of IC 36-1-21, entitled contracting with a unit by a relative policy, in effect July 1, 2012, is attached hereto.
   (E)   The Town Council hereby acknowledges and concurs that each of the provisions of IC 36-2-20.1 and IC 36-1-21 specifically permit a unit of local government such as the town to adopt requirements that are more stringent or detailed and that the Town Council hereby finds that more details are necessary and appropriate.
   (F)   The Town Council further finds and declares that a single member of the Town Council, as legislative body, shall not act for the Town Council to make or issue work assignments, compensation, grievances, advancement or a performance evaluation without prior authority of a majority of the entire Town Council, and therefore, without the authority by the majority, the individual Town Council member will not be in the direct line of supervision (please note the provisions of IC 36-4-6-11 and IC 36-5-2-9.4).
   (G)   The town further finds and declares that a single member of governing bodies with authority over employees in the town shall not act for the governing bodies to make or issue work assignments, compensation, grievances, advancement or a performance evaluation without prior authority of a majority of the responsible governing body, when a statute provides the majority is needed to act, and therefore, without the authority by the majority of the governing body, the single member will not be in the direct line of supervision.
   (H)   All elected and appointed officials and employees of the town are directed and required to cooperate fully in the implementation of the policies established in this section, and in demonstrating compliance with these same polices. The policies established hereby shall be incorporated by reference in the town personnel policy manual, as the same is amended from time to time, as well as in the town Ethics Regulations Policy ordinance, as same is amended from time to time.
   (I)   Failure to abide by or cooperate with the implementation, compliance and certifications connected with the nepotism policy is a violation of this section, as same may be amended from time to time, and may result in the discipline, including termination, of an employee or transfer from the direct line of supervision or other curative action. Any elected or appointed official of the town who fails to abide by or cooperate with the implementation, compliance and/or mandated certification submission of either the nepotism policy or the contracting with a unit by a relative policy may be subject to sanctions, penalties or legal procedures and actions in conformance with applicable law.
   (J)   (1)   The policies established and adopted by this section are hereby directed to be implemented by any of the following namely:
         (a)   Posting a copy of this section in its entirety in at least one of the locations in the town that posts employer posters or other notices to its employees;
         (b)   Providing a copy of this section to each of its employees and elected and appointed officials, requesting from each distributee an acknowledgment of receipt of same and filing/depositing of the acknowledgment in the personnel employment file of each said employee, or elected and appointed official;
         (c)   Providing or posting a notice of the adoption of this section in any other manner deemed appropriate;
         (d)   By any other action or actions that would communicate the policies established by this section to the town employees and elected and appointed officials.
      (2)   Upon any of the aforesaid actions being made, the policies established hereby are deemed implemented by the town. The Town Administrator and Clerk-Treasurer are additionally directed to report the implementation actions to the Town Council in its regular public meeting in July, 2012, for the public record and report to the Town Council of such.
   (K)   A copy of the provisions of IC 36-1-20.2 and IC 36-1-21, effective July 1, 2012, are annexed hereto, incorporated herein and made a part hereof.
   (L)   Two copies of IC 36-1-20.2 and IC 36-1-21, as supplemented or amended, are on file in the office of the Clerk-Treasurer for inspection as may be required and requested by the provisions of IC 36-1-5-4.
(Ord. 1160, passed 6-19-12)
TOWN MANAGER
§ 31.20 ESTABLISHED.
   There is established the position of Town Manager, which person shall be employed to serve at the pleasure of the Town Council or if the Town Council shall so elect, by a 2/3 vote of the so elected members of the Council. The Town Manager shall serve for a definite tenure not to exceed the longest remaining term in office of a member of the Council. In such latter case the person so employed shall be dismissed for any reason by majority vote.
(Ord. 335, passed 5-26-82)
§ 31.21 ADMINISTRATIVE DUTIES.
   The Town Manager, under the direction of the Town Council shall be responsible for the administrative duties of the Town Council as hereinafter specified:
   (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 legislative body or by statute, subject to the approval of the Town Council:
   (C)   Shall suspend or transfer town employees, if necessary for the welfare of the town, and shall discharge or remove town employees if necessary for the welfare of the town subject to the approval of the Town Council;
   (D)   May delegate any of his powers to an employee responsible to him, with the approval of the Town Council;
   (E)   Shall, where not in conflict with the Metropolitan Police Department or areas reserved to the Town Attorney, 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 subject to authorization by the Town Council, 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, and such other duties as the Town Council may determine from time to time, by ordinance.
(Ord. 335, passed 5-26-82; Am. Ord. 396, passed 9-26-84; Am Ord. 468, passed 12-28-88)
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