§ 33.17  DUTIES AND POWERS.
   (A)   The Board shall:
      (1)   Focus on the development of broad policies that govern the implementation of the institutional plans and purposes.  This role is separate and distinct from the role of the Superintendent, to whom is delegated the responsibility of determining the means of implementation of Board policies;
      (2)   Establish rules governing the use of the parks and recreation facilities by the public;
      (3)   Appoint the necessary administrative officers of the Department and fix their duties;
      (4)   Establish standards and qualifications for the appointment of all personnel and approve their appointments without regard to politics;
      (5)   Approve the annual budget that has been prepared by the Superintendent in cooperation with the Budget Committee; and
      (6)   Appoint a member of the Board or staff to serve on another kind of board or commission, whenever a statute allows a parks and recreation board to do this.
   (B)   The Board may:
      (1)   Enter into contracts and leases for facilities and services;
      (2)   Contract with persons for joint use of facilities for the operation of parks and recreation programs and related services;
      (3)   Contract with another board, a unit, or a school corporation for the use of parks and
recreation facilities or services; and a township or school corporation may contract with the Board for the use of parks and recreation facilities or services;
      (4)   Acquire and dispose of real and personal property whether within or outside the state;
      (5)   Exercise the power of eminent domain under statutes available to municipalities;
      (6)   Sell, lease, or enter into a royalty contract for the natural or mineral resources of land that it owns;
      (7)   Engage in self-supporting activities as prescribed by I.C. 36-10-3-22;
      (8)   Contract for special and temporary services and for professional assistance;
      (9)   Delegate authority to perform ministerial acts except where final action of the Board is necessary;
      (10)   Prepare, publish, and distribute reports and other materials relating to activities authorized by this chapter;
      (11)   Sue and be sued collectively by its legal name, as the county Parks and Recreation Board, with service of process being had upon the President of the Board, but costs may not be taxed against the Board or its members in any action;
      (12)   Invoke any legal, equitable, or special remedy for the enforcement of this chapter, a parks or recreation ordinance, or the Board’s own action taken under either;
      (13)   Release and transfer, by resolution, a part of the area over which it has jurisdiction for parks and recreational purposes to park authorities of another unit for parks and recreational purposes upon petition of the parks and recreation board of the acquiring unit; and
      (14)   Lease any buildings or grounds belonging to the unit and located within a park to a person for a period not to exceed 25 years.  The lease may authorize the lessee to provide upon the premises educational, research, veterinary, or other proper facilities for the exhibition of wild or domestic animals in wildlife parks, dining facilities, a bathhouse, skating facilities, dancing facilities, or amusement rides generally found in amusement parks.  A lease may be made for more than one year, not to exceed five years, only to the highest and best bidder, after notice that the lease will be made has been given by publication in accordance with I.C. 5-3-1 et seq.
(Policy passed 6-13-95)
Statutory reference:
   Use of facilities and funds, see I.C. 36-10-3-22