(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“CONVENIENCE FEE.” A fee that is charged to a customer for the convenience of making a credit card payment. A convenience fee charged to a customer typically covers all or a portion of a payment vendor's transaction costs (see “TRANSACTION FEE” below), as well as any other additional fees that are charged by the city to recover direct costs associated with receiving a debit card or credit card payment. Such convenience fee shall not exceed $3 per transaction and shall be uniform regardless of the bank card or credit card used.
“CREDIT CARD.”
(a) A credit card;
(b) A debit card;
(c) A charge card; or
(d) A stored value card as defined in IC 36-1-8-11(b).
“CUSTOMER.” A person who is purchasing city goods or services, paying fees, fines or taxes with a credit card.
“ELECTRONIC PAYMENT PROCESSING PROTOCOL.” The standard, city-wide processes used by the city when accepting credit card, debit card, or e-check payments from customers, including, but not limited to, contracts with financial services providers and business procedures.
“PERSONAL FINANCIAL INFORMATION.” The information provided by the customer in the course of completing a payment transaction with the city through an electronic transfer of funds, including, but not limited to, a credit card number.
“TRANSACTION FEE.” The same as a “transaction charge” and refers to the cost incurred by the city for executing an electronic payment. If the city passes all or a portion of this transaction charge on to the customer, then the resulting fee to the customer is typically called a “convenience fee” (see definition above).
(C) Responsible department. The Controller’s Office shall be the department in charge. The City Controller (“Controller”) shall be responsible for all credit card payments and for ensuring appropriate internal controls are in place for the acceptance of credit card payments by the city. The Controller shall be responsible for regularly monitoring such internal controls, including, but not limited to, testing internal controls for all departments.
(D) Credit card payments. The city, its departments and municipally-owned utilities, may accept payment by credit card for any business service, purchase of city goods or payment of fines, fees or taxes pursuant to this section and IC 36-1-8-11 et seq. Each department head has the discretion to collect a convenience fee or transaction fee pursuant to this section. However, if a department head chooses to implement such fees, they must be applied uniformly and consistently to all customers.
(E) Accounts. The Controller shall authorize and open all credit card accounts. The applicable city department will provide required information to the Controller to establish such accounts, monitor compliance of internal controls, and report to the Controller on the usage rates of such accounts.
(F) Convenience and transaction fees. Credit card transactions for the purchase of city goods and services, payment of fines, fees or taxes may be subject to a convenience fee (a uniform fee in an amount not to exceed $3) or a transaction fee (the cost incurred by the city for executing an electronic payment), to be implemented in the Controller’s discretion.
(G) Policies. The Controller, with technical assistance and equipment if necessary from the city's Information Technology (“IT”) Department, shall establish and maintain the electronic payment processing protocol for electronic payment processing, including, but not limited to, contracts for electronic payments, convenience fees, and standard business processes and procedures.
(H) Privacy. No city department shall store a customer's financial information in a database accessible to the public. If the city department has a legal and justifiable business need to store personal financial information obtained from customers during an electronic payment transaction, the agency is required to provide written procedures and policies for the safekeeping of such personal financial information. Such written procedures and policies shall include the names of city employees who will have access to such personal financial information. Such procedures and policies shall be forwarded to the Controller for written approval before storing personal financial information in a database accessible to city employees.
(I) Construction of division headings. The division headings appearing herein have been provided for convenience and reference and do not purport and shall not be deemed to define, limit, or extend the scope or intent of the division to which they appertain.
(Ord. 7168, passed 11-18-24)