(A) Under the provisions of I.C. 36-10-3, there is hereby created the Park and Recreation Department that shall be managed by a Park and Recreation Board pursuant to this section and I.C. 36-10-3.
(B) The Park and Recreation Board shall be composed of:
(1) Four members appointed by the Town Council President; (The Town Council President shall appoint persons who have been identified by the Town Council as qualified for this Board based on their interest in and knowledge of parks and recreation. No more than two members shall be of the same political party.)
(2) One member of the Town School Board, appointed by the Town School Board.
(C) (1) The expiration date of all terms shall be on the first Monday in January.
(2) A member shall continue on the Board, after his or her term has expired, if a successor has not been appointed, until the appointment is made. If an appointment for any new term is not made by the first Monday in April, the incumbent shall be deemed as having been appointed to another term.
(3) As a term expires, each new appointment is for a four-year term.
(4) If a vacancy occurs during a member’s term, a new member shall be chosen for the remainder of the term by the authority making the original appointment to this position.
(D) One Town Council member shall serve as the Council’s liaison to the Board. The liaison shall be appointed for a term of one year by the Town Council President. While this liaison shall not be a voting member of the Board, he or she shall be notified of all meetings of the Board and shall be allowed to participate in all Board meetings, the same as for members of the Board, except he or she shall not vote on official Board business.
(E) (1) At its first regular meeting in each year, the Board shall elect the President and Vice-President from its membership. The Vice-President shall have authority to act as the President of the Board during the absence or disability of the President.
(2) The Board may select the Secretary from within or without its own membership.
(F) Board members shall perform their responsibilities and duties as members of this Board in a manner that represents the overall interests of the town and not of any faction or segment of the town. Causes warranting removal from the Board shall include, but not be limited to:
(1) Failure to regularly attend Board meetings;
(2) Failure to follow town policies and procedures in dealing with town employees, property, facilities or equipment;
(3) Committing a conflict of interest under state law or using one’s position on the Board to create a special benefit for the member or his or her relatives or friends;
(4) Repeated formal support of Board actions that violate or undermine the Department’s budget as adopted by the Town Council;
(5) Engaging in conduct that reflects poorly on the public image of the town and/or its officials, appointees or employees; and
(6) Being formally charged with having committed any crime prosecutable as a misdemeanor or felony.
(G) The Board shall have those powers provided to park and recreation boards under I.C. 36-10-3 with respect to the Park and Recreation Department and the town’s park and recreation functions.
(H) The Board shall prepare and submit an annual budget for the Department to the Town Council. The annual budget submitted by the Board must detail all anticipated receipts and all intended expenditures of the Department and it must be in the form required by the Town Council, in the same manner as required of other town departments.
(I) The Board shall obtain the approval of the Town Council with respect to:
(1) Any real property the Board intends to acquire by purchase, exchange, lease or gift;
(2) Any real property the Board intends to dispose by sale, exchange, lease or gift;
(3) The amount of any bonds the Board intends to issue; and/or
(4) The amount of any special taxes the Board seeks to impose, prior to making any formal commitment to proceed in the acquisition or disposal of real property, the issuance of any bonds or the imposition of any special taxes pursuant to its authority under I.C. 36-10-3. This requirement does not replace or diminish any other Town Council authority or role, recognized in state law, with respect to the aforementioned processes.
(J) In the event there shall be any uncertainty with respect to the Board’s powers under this section, the Town Council shall resolve the uncertainty. If the Town Council determines that the Board has ceased to fulfill the role it intended for the Board, the Town Council may repeal this section and assume all powers and responsibilities of the Board pursuant to the Council’s authority under I.C. 36-1-3.
(Ord. 14-1998, passed 5-4-98)