(A) Appointment; terms of office; vacancies pursuant to I.C. 36-8-11-12.
(1) Within 30 days after the ordinance establishing the District becomes final, the county legislative body shall appoint a Board of Fire Trustees. The Trustees must be qualified by knowledge and experience in matters pertaining to fire protection and related activities in the District. The following persons may not be appointed or serve as a Trustee:
(a) Any person who is a party to a contract with the District; or
(b) Any person who is a member, an employee, a director, or a shareholder of any corporation or association that has a contract with the District.
(2) The legislative body shall appoint one Trustee from each township and one Trustee from each municipality contained in the District. If the number of Trustees selected by this method is an even number, the legislative body shall appoint one additional Trustee so that the number of Trustees is always an odd number. If the requirements of this section do not provide at least three Trustees, the legislative body shall make additional appointments so that there is a minimum of three Trustees.
(3) The original Trustees shall be appointed as follows:
(a) One for a term of one year;
(b) One for a term of two years;
(c) One for a term of three years; and
(d) All others for a term of four years.
(4) The terms expire on the first Monday of January of the year their appointments expire. As the terms expire, each new appointment is for a term of four years.
(5) If a vacancy occurs on the Board, the county legislative body shall appoint a trustee with the qualifications specified in division (A)(1) above for the unexpired term.
(B) Meetings pursuant to I.C. 36-8-11-13.
(1) The Board shall fix the time for holding regular meetings, but the Board shall meet at least once in the months of January, April, July, and October.
(2) The county legislative body may order that regular meetings be held more frequently.
(3) Special meetings of the Board may be called by the Chairperson or by two Trustees, upon written request to the Secretary. At least three days before a special meeting, the Secretary shall send to all Trustees a written notice fixing the time and place of the meeting. Written notice is not required if:
(a) The time of the special meeting has been fixed in a regular meeting; or
(b) All Trustees were present at a meeting at which a special meeting was called.
(4) All meetings will comply with the notice requirements of the State Open Door Law, being I.C. 5-14-1.5-1 et seq.
(C) Powers and duties pursuant to I.C. 36-8-11-15. Powers granted by this chapter may be used only to accomplish the purpose, or purposes, as stated in the ordinance establishing the District. However, an act of the Board necessary and proper to accomplish the purposes for which the District is established is not invalid because it incidentally accomplishes a purpose other than one for which the District is established. The Board:
(1) Has the same powers and duties as a township executive with respect to fire protection functions, including those duties and powers prescribed by I.C. 36-8-13, although all cooperative and joint actions permitted by that chapter must be undertaken according to this subchapter;
(2) Has the same powers and duties of the township executive relative to contracting with volunteer firefighting companies, as prescribed by I.C. 36-8-12 and I.C. 36-8-13stateRef;
(3) Shall appoint, fix the compensation, and prescribe the duties of a fiscal officer, secretarial staff, persons performing special and temporary services or providing legal counsel, and the personnel considered necessary for the proper functioning of the District; however, a person appointed as a fiscal officer must be bonded by good and sufficient sureties in an amount ordered by the county legislative body to protect the District from financial loss;
(4) Shall exercise general supervision of, and make regulations for, the administration of the District’s affairs;
(5) Shall prescribe uniform rules pertaining to investigations and hearings;
(6) Shall supervise the fiscal affairs and responsibilities of the District. Upon its organization, the Fire District created by this subchapter shall immediately, and automatically, be authorized to substitute, and assume successor duties to, the Fire Services Authority, and responsibilities of the Township Trustee;
(7) May delegate to employees of the District the authority to perform ministerial acts, except in cases in which final action of the Board is necessary;
(8) Shall keep accurate and complete records of all departmental proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents of the District;
(9) Shall make an annual report to the executive and the fiscal body of the county that, at least, lists the financial transactions of the District and a statement of the progress in accomplishing the purposes for which the District has been established;
(10) Shall adopt a seal and certify all official acts;
(11) May sue, and be sued, collectively by its legal name (Board of Trustees, Greenville Township Fire Protection District) with service of process made on the Chairperson of the Board, but costs may not be taxed against the members individually in an action;
(12) May invoke any legal, equitable, or special remedy for the enforcement of this section or of proper action of the Board taken in a court;
(13) Shall prepare and submit to the fiscal body of the county an annual budget for operation and maintenance expenses and for the retirement of obligations of the District, subject to review and approval by the fiscal body;
(14) May, if advisable, establish one or more advisory committees;
(15) May enter into agreements with, and accept money from, a federal or state agency, and enter into agreements with a municipality located within or outside the District, whether or not the municipality is a part of the District, for a purpose compatible with the purposes for which the District exists and with the interests of the municipality;
(16) May accept gifts of money or other property to be used for the purposes for which the District is established;
(17) May levy taxes at a uniform rate on the real and personal property within the District;
(18) May issue bonds and tax anticipation warrants;
(19) May incur debts and liabilities;
(20) May purchase or rent property;
(21) May sell services or property that are produced incidental to the operations of the District making a fair and reasonable charge for it;
(22) May make contracts, or otherwise enter into agreements, with public or private persons or federal or state agencies for construction, maintenance, or operations of all, or in part of, the District;
(23) May receive and disburse money; and
(24) May impose a false alarm fee or service charge under I.C. 36-8-13-4.
(Ord. 2019-12, passed 4-23-2019)