(A) The Board of Public Works and Safety of the city shall replace the Utility Service Board, and said Board shall have all of the powers and duties previously vested in the Utility Service Board by IC 8-1.5-3-1 through 8-1.5-3-15, and the control of all utilities owned by the city, including but not limited to the sanitary and storm water sewage works of the city, is hereby vested in said Board.
(B) The Board of Public Works and Safety shall have all powers and duties vested by IC 8-1.5-3-1 et seq., and the Board shall operate, manage, and have the supervision and control of all municipally-owned utilities, and all property of any kind or nature whatsoever in the possession of, or relating to or being a part of, said utilities owned by the city.
(C) Ordinance Number 4278, as amended by Ordinance Number 2593, providing for the Department of Storm Water Management is to remain in full force and effect, as are all other ordinances regarding or pertaining to the operation and management of the municipal utilities owned by the city.
(D) All resolutions and actions of the Utility Service Board done prior to this section, including but not limited to any and all bond anticipation notes and other financing, the application for and receipt of grants, as well as any and all ongoing projects, contracts, and any other business shall be assumed by the Board of Public Works and Safety, and all Utility Service Board Funds and the Storm Water Construction Fund and the Storm Water Operating Fund shall continue to be managed by the Clerk Treasurer of the city.
(E) The contractual and supervisory personnel now employed by the Utility Service Board shall hereafter be employed by the Board of Public Works and Safety, and their duties and salaries shall remain the same with the exception of the changes made by this section.
(F) (1) The Board of Public Works and Safety of the city has all of the powers and duties previously vested in the Utilities Service Board by IC 8-1.5-3-1 through IC 8-1.5-3-15 including the powers and duties regarding the approval of the appointment of a Superintendent of the Utilities and removal of the Superintendent, but only for cause and after notice and a hearing as set out in division (F)(3) below.
(2) A decision by the Board of Public Works and Safety to remove a Utilities Superintendent must be confirmed by a majority vote of the entire seven-member Common Council of the city.
(3) IC 8-1.5-3-5 provides that the Superintendent of a Utility may be removed by the Utility Service Board only for cause at any time after a notice and a hearing before the Utility Service Board.
(a) CAUSE is hereby defined as:
1. Conviction in any court of a felony; or
2. A finding and decision of the Utility Service Board that the Superintendent has been or is guilty of any one of the following:
a. Neglect of duty;
b. A violation of rules;
c. Neglect or disobedience of orders;
d. Incapacity;
e. Absence without leave;
f. Immoral conduct;
g. Conduct injurious to the public peace or welfare;
h. Conduct unbecoming a Utilities Superintendent; or
i. Other breach of discipline.
(b) The notice of a hearing must state:
1. The time and place of the hearing;
2. The charges against the Superintendent;
3. The specific conduct that comprises the charges;
4. That the Superintendent is entitled to be represented by counsel;
5. That the Superintendent is entitled to call and cross-examine witnesses;
6. That the Superintendent is entitled to require the production of evidence; and
7. That the Superintendent is entitled to have subpoenas issued, served, and executed in the county where the city is located.
(G) In dealing with the duties of the operation of the municipal utilities owned by the city, the Board of Public Works and Safety may employ an attorney and other professional assistance needed to manage the affairs of the municipal utilities, including the Clerk- Treasurer of the city.
(Ord. 5063, passed 6-1-09; Am. Ord. 6173, passed 4-21-14)