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§ 33.032 DUTIES.
   The duties of the Commission shall be as follows:
   (A)   To advise and make recommendations to the Town Council and/or Department, or its successor, regarding all matters concerning fire protection and first responder medical protection for the town.
   (B)   To receive all complaints from the residents of the town concerning the Department, and its Chief and to make recommendations for corrective action to the Town Council and/or Department, or its successor.
   (C)   To investigate all complaints concerning malfeasance or misfeasance of members of the Department, or its successor, and the Chief, and to make remedial recommendations to the Town Council and/or Department, or its successor.
   (D)   To propose rules and regulations for the government of the Department and Commission subject to the approval of the Town Council.
   (E)   To serve as a mediator between the Town Council and the Department, or its successor regarding any matters contained in any applicable Fire Protection Agreement or other matters relating to the relationship between the town, its residents and the Department, or its successor.
   (F)   To hold meetings at such times as may be deemed necessary throughout the year as the necessity may be determined by the Commission, the Town Council or the Department, or its successor. The meetings shall be held in compliance in all respects with the laws of the state including the “Open Door” law.
(Ord. 1004, passed 8-9-10)
PUBLIC WORKS AND SAFETY
§ 33.045 STREET DEPARTMENT.
   The town now codifies its creation of a Town Street Department.
   (A)   Administration. The direct, daily management of the Street Department shall be by the Department Superintendent. The Superintendent shall report to the Town Council and/or Town Administrator.
   (B)   Duties and authority. The Superintendent shall oversee and be responsible for the daily operation of the Department, including, but not limited to, new construction and maintenance of approximately 17.5 miles of public roadway, 2.5 miles of community beach, drainage, parks/grounds and wetlands, public buildings, and facilities, and management of Department employees.
(Ord. 2022-08, passed 7-11-22)
§ 33.046 DEPARTMENT OF WATERWORKS.
   A Department of Waterworks (also to be referred to and known as the Water Department) has been established and said utility was removed from the jurisdiction of the Indiana Utility Regulatory Commission, all in accordance with IC 8-1.5 et seq. The Town Council shall and does have the authority to do and perform any and all acts deemed necessary for the prudent and efficient management and protection of this utility and related Department not inconsistent with applicable local, state, and federal rules, regulations, and laws.
   (A)   Administration. The direct, daily management of the Water Department shall be by the Department Superintendent. The Superintendent shall report to the Town Council and/or Town Administrator.
   (B)   Duties and authority. The Superintendent shall be responsible for overseeing and maintaining the operations of the Town Water Department, including, but not limited to, management of Department employees.
(Ord. 8210, passed 12-20-82; Am. Ord. passed 7-13-92; Am. Ord. 2021-11, passed 7-12-21; Am. Ord. 2022-08, passed 7-11-22)
Cross-reference:
   Waterworks system; rates and charges, see Ch. 50
§ 33.047 BOARD OF PUBLIC WORKS AND SAFETY.
   The Town Council has determined it necessary to establish an advisory board to assist with overseeing the operation and business of the Town's Storm Water Management and its Street and Water Departments, and, therefore, establishes a Board of Public Works and Safety.
   (A)   Composition of the Board. The Public Works and Safety Advisory Board shall be organized and serve subject to the following provisions:
      (1)   A Town Council member appointed as a liaison or the Town Administrator, the Street Department Superintendent, and the Water Department Superintendent shall serve as non-voting members of the Board as long as each serves in such role. The Town Council liaison or Town Administrator shall serve as the chairperson of the Board.
      (2)   (a)   Beginning in January, 2023, the Board shall be re-organized and initially consist of seven citizen members appointed by the Town Council. In an effort to avoid a complete turnover of the Board and to ensure some degree of stability with regard to the makeup of the Board, the initial appointments shall be subject to the following staggered terms and term limits:
            1.   Two Class A Members will serve two consecutive terms, with the second term expiring on December 31, 2030;
            2.   Two Class B Members will serve two consecutive terms, with the second term expiring on December 31, 2031; and
            3.   Three Class C Members will serve two consecutive terms, with the second term expiring on December 31, 2032.
         (b)   Class designation shall be determined by a lottery drawing amongst the initial appointees.
         (c)   After these initial terms, the Board shall consist of at least five but no more than seven members with citizen Board members serving four-year terms or the remaining term of an outgoing member subject to applicable term limits provided under the Town Code. The Town Council's intention is to eventually have the Board membership reduced to five members as a result of the expiration of a member's second term and/or voluntary resignations, whichever occurs first.
         (d)   This section shall govern any discrepancy with other provisions of the Town Code.
   (B)   Duties. The duties of the Public Works and Safety Advisory Board shall be as follows:
      (1)   Receive information regarding the operations and business of the Storm Water Management, Street, and Water Departments and make recommendations to the Town Council to assist with the prudent and efficient management of these departments;
      (2)   Present monthly financial reports to the Town Council for consideration and approval;
      (3)   Establish rules and regulations for the government of the Advisory Board, subject to the approval of the Town Council; and
      (4)   Hold regularly meetings at such times and upon proper notice as may be required pursuant to the duties enumerated above and in accordance with applicable law, but in no event shall this Advisory Board meet less than quarterly.
(Ord. 2022-08, passed 7-11-22; Am. Ord. 2022-17, passed 12-27-22)
POLICE DEPARTMENT ADVISORY BOARD
§ 33.065 ESTABLISHED.
   (A)   It is found and determined by the Town Council that it is advisable and necessary to establish a three-member Police Department Advisory Board to act in an advisory capacity to the Town Council and to the Town Marshal.
   (B)   There is established a three-member Police Department Advisory Board to act in an advisory capacity to the Town Council and to the Town Marshal.
(Ord. 8503, passed 10-14-85; Am. Ord. 8503A, passed 7-8-91)
§ 33.066 APPOINTMENT OF MEMBERS.
   The Police Department Advisory Board shall consist of three members, two of whom shall be recommended by the President of the Town Council, and one of whom shall be recommended by the Marshal, which members shall be appointed by the Town Council as follows:
   (A)   Upon the resignation of the current members of the Police Advisory Board, the initial Board shall consist of three members appointed as follows: Three members shall be appointed for one-year terms each.
   (B)   After the expiration of the initial terms of the initial members of the Board, any subsequent appointments of members to the Board shall be appointed for a term of one year.
   (C)   All three members of the Police Department Advisory Board shall be appointed by the Town Council, and shall consist of three adult individuals who shall meet all of the following qualifications:
      (1)   Each member shall have his primary residence within the boundaries of the town.
      (2)   Each member shall be at least 21 years of age.
      (3)   No member shall be a current member of the Town Council, nor a member of the immediate family of any current member of the Town Council.
      (4)   No member may be the acting Marshal of the town, nor a member of the immediate family of the acting Marshal of the Town.
      (5)   No member may be a current employee of the Police Department, nor a member of the immediate family of an employee of the Police Department.
      (6)   No member may be an employee or elected official of the town, nor a member of the immediate family of an employee or elected official of the town, including the acting Town Attorney.
(Ord. 8503, passed 10-14-85; Am. Ord. 8503A, passed 7-8-91)
§ 33.067 DUTIES.
   The duties of the Police Department Advisory Board shall be as follows:
   (A)   To receive all complaints from the residents of the town concerning Police Department personnel and the Marshal, and to make recommendations for corrective action to the Town Council.
   (B)   To investigate all complaints concerning malfeasance of police officers and the Town Marshal, and to make recommendations concerning disciplinary action to the Town Council and the Town Marshal.
   (C)   To propose rules and regulations for the government of the Advisory Board, subject to the approval of the Town Council.
   (D)    To hold meetings at such times and upon proper notice as may be required pursuant to the duties enumerated above, but in no event shall the Police Advisory Board meet less than annually. The meetings shall be held in compliance in all respects with the laws of the state, including the “open door” law.
(Ord. 8503, passed 10-14-85; Am. Ord. 8503A, passed 7-8-91; Am. Ord. 8503AA, passed 10-9-95)
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