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(A) The following travel status information conditions as adopted by the State Department of Homeland Security are hereby adopted for the county.
(1) Warning (Red). Travel may be restricted to emergency personnel only. Citizens are directed to refrain from all travel, comply with necessary emergency measures, cooperate with public officials and disaster services forces in executing emergency operations plans, and comply with the directions of properly identified officers. Further and more specific restrictions may be included in the disaster declaration.
(2) Watch (Orange). Conditions are threatening to the safety of the public. Only essential travel is recommended (i.e., to and from work, emergency situations and the like). Emergency action plans have been or should now be implemented by businesses, schools, government agencies and other organizations.
(3) Advisory (Yellow). Routine travel or activities may be restricted in areas because of a hazardous situation. Citizens should use caution or avoid these areas. Schools and businesses may begin to implement their emergency action plans.
(4) Caution (White). A condition may develop that limits or hinders travel in isolated areas. No travel restrictions have been placed in effect by county officials, but citizens should be alert to changing conditions.
(B) The Board of County Commissioners may issue a travel status alert after appropriate consultation with the County Highway Department, Sheriff’s Department or other agencies. If a majority of the Board of Commissioners is not available, the determination may be made by one Commissioner and may be confirmed when a majority is available.
(C) An order or proclamation of emergency conditions which restricts travel to emergency personnel shall be given prompt and general publicity and shall be filed promptly in the office of the County Clerk.
(D) As part of declaring a local state of emergency, the Board of Commissioners may prohibit travel on all or a portion of any county road. Travel restrictions shall not apply to emergency personnel or to those working to restore utility service. Any order prohibiting travel on a county road shall be given prompt and general publicity and shall be filed promptly in the office of the County Clerk.
(E) A vehicle which is stopped or parked on a county road during a declared disaster emergency, whether attended or unattended, which interferes with snow removal or other emergency relief activities, may be removed and towed to secure location at the owner’s expense.
(Ord. 2010-1, passed 3-15-2010) Penalty, see § 30.99
(A) The acceptable minimum level of internal control standards and procedures developed under I.C. 5-11-1-27(e) by the SBOA contained in the Uniform Internal Control Standards for Indiana Political Subdivision manual, are herein-adopted by Decatur County and that county personnel receive training concerning the internal control standards and procedures hereby adopted.
(B) Materiality, in Decatur County Government, is defined is $100 per occurrence. That is, if one occurrence of a loss or shortage or other irregularity is equal or greater than $100, it must be reported to the State Board of Accounts, The materiality definition is not limited to defalcations or suspicious activity involving only cash or cash transactions. If supplies, equipment or other fixed assets belonging to the county are suspected of being non-appropriated or stolen or used in a manner not authorized by Decatur County officials and the value of those supplies, equipment or fixed assets are approximately $100, that misuse or series of misuse should be reported. That is not to say that if a loss or shortage is less than $100 it should be ignored. If there is a series of events, within the same office or department that appears to be a structuring event to defraud or misappropriate county funds or property, that event or series of events should be reported.
(C) All erroneous or irregular material variances, losses, shortages, or thefts of political subdivision funds or property shall be reported immediately to the State Board of Accounts. For all material variances, losses, shortages, or thefts, the State Board of Accounts shall:
(1) Determine the amount of funds involved and report the amount to the appropriate government and law enforcement officials;
(2) Determine the internal control weakness that contributed to or caused the condition; and
(3) Make written recommendations to the appropriate legislative body or appropriate official overseeing the internal control system addressing:
(a) The method, of correcting the condition; and
(b) The necessary internal control policies and internal control procedures that must be modified to prevent a recurrence of the condition.
(D) Pursuant to I.C. 5-11-1-27(l), if any Decatur County employee knows or suspects that other county employees are engaged in fiscal misconduct, it is his/her responsibility to immediately notify their Supervisor or the Board of Commissioners or if the Supervisor or a Commissioner is involved the County Attorney, then the County Auditor and Prosecuting Attorney are to be contacted.
(E) The Decatur County Ethics Policy/Internal Control/ Materiality Declaration regarding establishment of a policy on materiality and a process for reporting material items, which was reviewed and approved by the Decatur County Board of Commissioners and the Decatur County Council is hereby adopted.
(Ord. 2016-6, passed 6-20-2016)
Statutory Reference:
Materiality Policy, see I.C. 5-11-1-10, 5-11-1-21, and 5-11-1-27.
(A) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BULK FORM COPY. An aggregation of:
(a) Copies of all recorded documents received by the County Recorder for recording in a calendar day, week, month or year;
(b) The indices for finding, retrieving, and viewing all recorded documents received by the County Recorder for recording in a calendar day, week, month or year; or
(c) Both divisions (1) and (2).
BULK USER. An individual, a corporation, a partnership, a limited liability company, or an unincorporated association that receives bulk form copies under a contract with the County Recorder.
COPY. A reproduction, including an image of a recorder document or indices created by:
(a) Duplicating electronically stored data onto a disk, tape, drum, or any other medium of electronic data storage; or
(b) Reproducing on microfilm.
INDICES. All of the indexing information used by the County Recorder for finding, retrieving and viewing a recorded document.
RECORDED DOCUMENT. A writing, a paper, a document, a plat, a map, a survey, or anything else received at any time for recording or filing in the public records maintained by the County Recorder or the County Recorder's designee.
(B) Manner and form of production. It is hereby established that the County Recorder shall provide bulk form copies to a bulk user only by electronically transmitting the copies using an electronic transfer process.
(C) Procedure for requesting bulk form copies. A bulk user must submit a written request to the County Recorder that identifies the requested bulk form copies with reasonable particularity. Unless the request is refused under division (F) below, upon receipt of a valid written request the County Recorder or the County Recorder's designee shall provide the bulk form copies to the bulk user by the method or methods established by ordinance. The bulk form copies shall be provided within a reasonable time after the later of the following events:
(1) The Recorder's archival process is completed and bulk form copies become available in the County Recorder's Office.
(2) The bulk form user executes a contract that meets the requirements of division (D) below with:
(a) The County Recorder; and
(b) If the County Recorder uses a third party to provide bulk copy services, the County Recorder's designee.
(3) The County Recorder or the County Recorder's designee shall work with reasonable diligence to ensure that bulk form copies are timely produced to the bulk user.
(D) Fees charged for bulk form copies.
(1) Based on a cost study, it is determined that the costs incurred by the County Recorder of producing bulk form copies (including applying a watermark or other protective feature) substantially exceed both the standard fee of $0.10 per page or per recorded document fixed by I.C. 36-2-7-10.1(d), and the fee hereafter fixed. Accordingly, the following fee schedule is hereby adopted:
(a) $0.20 per page for a copy of a recorded document, including the instrument's book and page, if applicable.
(b) $0.20 per recorded document for a copy of the indices used by the County Recorder for finding, retrieving, and viewing a recorded document.
(2) The fees charged by the County Recorder are subject to the following requirements:
(a) The County Recorder shall pay the fees into the County Treasury at the end of each calendar month.
(b) The fees prescribed and collected under this section supersede all other fees for bulk form copies required by law to be charged for services rendered by the County Recorder to bulk users.
(c) All revenue generated by the County Recorder under this section shall be deposited in the County Recorder's records perpetuation fund and used by the Recorder in accordance with I.C. 36-2-7- 3 0(f).
(d) The Recorder shall periodically update and verify the cost study referred to in division (D)(1) above.
(E) Bulk user contract; termination.
(1) A bulk user must enter into a contract with the County Recorder and if the County Recorder uses a third party to provide bulk copy services, the County Recorder's designee, in order to receive bulk form copies. The contract must be in writing and must require that the bulk user agrees not to do any of the following:
(a) Except as provided in division (F) below, provide, transfer, or allow the transfer of any copy of a recorded document obtained by the bulk user under this section to a third party;
(b) Engage in unauthorized access to recorded documents;
(c) Engage in unauthorized alteration of recorded documents.
(d) A contract required under this division (E) may not include any restrictions on a bulk form user's use of the bulk form copies other than those contained in this section.
(2) If a bulk user does not comply with a contract, the County Recorder may terminate the contract, immediately stop providing bulk form copies to the bulk user, and refuse to provide the bulk form copies required by the bulk user if all termination provisions and procedures in the contract have been met by the County Recorder. The County Recorder may refuse subsequent requests from a bulk user for bulk form copies in the following circumstances:
(a) The bulk user is a person that has had a previous bulk form copy contract terminated by the County Recorder because the Recorder determined that the bulk user failed to comply with the contract;
(b) The bulk user is a corporation or limited liability company in which a person has a majority or controlling interest and:
1. The person requested bulk form copies under a previous contract with the County Recorder; and
2. The contract was terminated by the County Recorder because the County Recorder determined that the person failed to comply with the contract.
(F) Resale of bulk form copies by bulk user.
(1) (a) A bulk user that is licensed under I.C. 27-1-15.6-6(d) or holds a certificate of authority under I.C. 27-7-3-6 may provide bulk form copies related to the specific order for a title search (as defined in I.C. 27-7-3-2) when operating as:
1. A title plant for the issuance of title insurance (as defined in I.C. 27-7-3-2); or
2. Title company (as defined in I.C. 27-7-3-2).
(b) A bulk user that meets the requirements of this subsection may charge its customers a fee for using the bulk form copies obtained by the bulk user that may not exceed the costs incurred by the bulk user for obtaining the bulk form copies. A bulk user that meets the requirements of this division may not resell, provide, transfer, or allow the transfer of any copy of a recorded document, whether in bulk form or as individual copies or images, to any other bulk user or title plant.
(2) A bulk user that does not meet the requirements of division (F)(a) and (b) above is prohibited from selling, offering for sale, advertising for sale, soliciting a purchase of, loaning, giving away, allowing subscription service to, or otherwise transferring, provide, or allowing the transfer of bulk form copies for commercial purposes to a third party, whether the copies are in bulk form or individual copies or images.
(G) Enhanced access not affected. This section does not apply to enhanced access authorized by I.C. 5-14-3-3 and any Decatur County ordinances promulgated thereunder.
(H) Watermark. The Recorder shall watermark all bulk form copies with the following:
"THIS DOCUMENT IS PROVIDED FOR THE SALE USE OF (insert bulk user name) AND EXCEPT AS PROVIDED FOR IN I.C. 36-2-7-10.1(h), SHALL NOT BE RESOLD PURSUANT TO I.C. 36-2-7-10.1. OFFICIAL COPIES MAY BE OBTAINED AT THE COUNTY RECORDER'S OFFICE."
(Ord. 2017-16, passed 8-21-2017; Am. Ord. 2018-2, passed 1-16-2018)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(C) Any person who operates a vehicle on a county road in violation of an emergency order prohibiting travel commits a Class C infraction, subject to a fine of up to $500.
(Res. passed 5-2-1983; Ord. 2005-13, passed 12-19-2005)