(A) The following executive departments are hereby established:
(1) Police Department;
(2) Fire Department;
(3) Department of Public Works;
(4) Department of Parks and Recreation; and
(5) Department of Law.
(B) (1) The Mayor is the city executive and the head of the executive branch. The Mayor shall have those powers and duties set forth in I.C. 36-4-5 et seq., and other state statutes which specifically convey authority or responsibility.
(2) There is hereby established the Office of Deputy Mayor, pursuant to I.C. 36-4-9-7. A member of Council shall be appointed by the Mayor for a term of one year to serve at the pleasure of the Mayor during the absence or incapacity of the Mayor with all the powers of the Office of Mayor.
(C) (1) There is hereby established the Office of City Manager. The appointment shall be made by the Mayor and this appointee serves at the pleasure of the Mayor.
(2) The powers and duties of the City Manager shall include the following:
(a) Authority to hire and discharge all city employees, except those in departments, agencies, or utilities that are under the head of a different manager, superintendent, or chief;
(b) Management of the overall operations of the municipal government and of the specific activities of those departments, agencies, or utilities that are not under the head of a different manager, superintendent, or chief;
(c) Maintain and secure all equipment, materials, and property owned by the city or its utilities that are not under the control of a different manager, superintendent, or chief; and
(d) Subject to the approval of the board or commission established in or over a department, the Mayor may appoint the City Manager to serve as the head of any city department, provided that the person serving as City Manager has the qualifications required by statute for serving as the head of each department he or she is appointed to head.
(D) (1) There is hereby established a Board of Public Works and Safety pursuant to I.C. 36-4-9-8. The members of the Board of Public Works and Safety are the Mayor and two persons appointed by the Mayor. The City Clerk-Treasurer is the clerk of this Board. The City Civil Engineer shall be appointed by the Mayor and shall serve at the direction of the Board of Public Works and Safety.
(2) The Board of Public Works and Safety has those powers over the Police Department that are specifically provided this Board by I.C. 36-8-3. The head of the Police Department is the Police Chief, who is appointed by the Mayor. The Mayor’s appointee to the position of Police Chief must meet the requirements of I.C. 36-8-4-6.5.
(3) The Board of Public Works and Safety has those powers over the Fire Department that are specifically provided this Board by I.C. 36-8-3 et seq.. The head of the Fire Department is the Fire Chief, who has those powers and duties provided by statute and those specified in this code. The Mayor’s appointee to the position of Fire Chief must meet the requirements of I.C. 36-8-4-6, and must be recommended to the Mayor for appointment by an annual election of the members of the Department.
(4) The Board of Public Works and Safety shall operate, manage, and control the Department of Public Works. The areas of responsibility of the Department of Public Works shall include all municipal operations, facilities, and equipment that pertain to the following: streets, sanitary sewers, stormwater, drainage, and solid waste disposal. The head of the Department of Public Works is the Public Works Superintendent, who may also serve as City Manager. The Mayor’s appointment of Public Works Superintendent is subject to the approval of the Board of Public Works and Safety.
(E) (1) The Board of Parks and Recreation shall operate, manage, and control the Department of Parks and Recreation. Pursuant to I.C. 36-10-3-4, the Board shall consist of four members to be appointed by the Mayor. The Board members shall be appointed on the basis of their interest in and knowledge of parks and recreation, but no more than two members may be affiliated with the same political party.
(2) The head of the Department of Parks and Recreation is the Superintendent of Parks and Recreation, who has the powers and duties set forth in I.C. 36-10-3-14. The Mayor’s appointment of the Superintendent of Parks and Recreation is subject to the approval of the Board of Parks and Recreation. The Mayor may not consider political affiliation in choosing the Superintendent appointee and this appointee must possess the qualifications required by I.C. 36-10-3-13.
(F) The head of the Department of Law is the City Attorney who shall be appointed by the Mayor and shall have the powers and duties specified in I.C. 36-4-9-12. If this individual is to also serve as attorney for the Council, pursuant to I.C. 36-4-6-24, or for either or both of the city’s utilities, this appointment must be approved by the Council.
(G) (1) Subject to I.C. 36-4-11 et seq. and any other statute specifically applicable, the head of each city department shall be responsible for appointments and dismissals of all deputy department heads and other employees of that department.
(2) No deputy may be appointed or employee hired unless the position is authorized in the city’s salary ordinance and there is an appropriation of monies to fund the position.
(H) All members of the boards and commissions in or over the city’s executive departments shall be city residents unless the statute governing a particular appointment requires that member to reside outside the city corporate limits or an interlocal agreement with another governmental entity provides otherwise.
(Ord. 3-1996, passed 5-15-1996)