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UTILITY SERVICE BOARD
(A) The City Utility Service Board shall be governed by I.C. 8-1.5-3-1 et seq., as amended.
(1) The Board shall be composed of seven members, and the Mayor shall appoint the majority members as follows: one person for a term of four years, one person for a term of three years, one person for a term of two years and one person for a term of one year; and the minority of the members shall be appointed by the City Council as follows: one person for a term of three years, one person for a term of two years, and one person for a term of one year.
(2) After the original appointments, all regular appointments shall be made for a term of four years; vacancies which occur are filled for the unexpired term only.
(B) Not more than two-thirds of the members shall be of the same political party. Party affiliations shall be determined by the latest primary voting record of the appointee in the most recent city or county primary election preceding his or her appointment to the City Utility Service Board. If the appointee did not vote in the most recent primary election held by the party with which the appointee claims affiliation he or she must be certified as a member of that party by the party’s County Chairperson for the county in which the appointee resides.
(C) All members shall be residents of the area served by the Board. The Chairperson selected by the Board shall not be deemed a department head for the purposes of I.C. 36-4-9-2.
(Ord. 32-1993, passed 12-21-1993)
(A) Board member compensation.
(1) Members of the Marion Utility Service Board shall be reimbursed by the Utility for out-of- pocket expenses incurred in the performance of their duties as members of the Board.
(2) In addition, the Chairperson of the Board shall receive a salary in the amount of $2,500 annually, and regular Board members shall receive a salary in the amount of $2,000, effective January 1, 1996.
(3) If a Board member is unable to attend regular Board meetings for a period of two months consecutively, no salary will be received for the period of absence.
(B) Promotional account.
(1) An account is established being the Marion Utility Service Board Promotional and Miscellaneous Account. The Marion Utility Service Board is authorized to budget and appropriate funds from the revenues of the water and sewer utility to pay the expenses incurred in promoting the betterment of the City of Marion, Indiana, through the accounts created.
(2) Expenditures from these accounts may include, but are not necessarily limited to, the following:
(a) Membership dues and local, regional, state and national associates of a civic, educational or governmental nature which have as their purpose the betterment and improvement of municipal utility operations;
(b) Direct expenses for travel, meals and lodging in conjunction with municipal business or meetings or organizations to which the municipal utility belongs;
(c) Expenses incurred in the promotion of economic or industrial development for the municipality, including meeting room rental, decorations, lodging, meals and travel;
(d) Commemorative plaques, certificates, objects such as commemorative keys;
(e) Other purposes which are deemed by the Marion Utility Service Board to directly relate to the promotion or betterment of the City of Marion, Indiana.
(3) The promotional account shall be budgeted each year by the Marion Utility Service Board. No expense shall be allowed from the account without prior authorization and approval of the Marion Utility Service Board. Claims for expense under this section will be allowed as prescribed by law.
(Ord. 32-1993, passed 12-21-1993; Am. Ord. 39-1995, passed 12-20-1995)
(A) Regular meetings. Regular meetings of the Board shall be held two times a month at 1540 North Washington Street or at such other public place in the City of Marion, Indiana, as a majority of the Board may select. The date and time of any such regular meeting shall be approved by the Board and shall be made public information as required by the Indiana Open Door Law. A majority may cancel the regular meeting with 48-hour notice. The Board has presently established the regular meeting for the first and third Thursday of each month, starting at 7:00 p.m., at 1540 North Washington Street. Board members and the news media will receive at least 48 hours advance notice of any change from the regular meeting schedule.
(B) Special meetings. Special meetings of the Board may be called at any time by the Chairperson, by the majority of the Board, by the Director or by the Superintendents jointly. The location, date and time of such special meetings shall be determined by the person or persons calling the meeting. Notice as required by the Open Door Law will be given.
(C) Emergency meetings. Emergency meetings of the Board may be called at any time by the Chairperson, by majority of the Board, by the Director or by the Superintendents jointly to deal with actual or potential injury to person, property or disruption of the water or sewer works. The location, date and time of such special meetings shall be determined by the person or persons calling the meeting. The same notice given to Board members must be given to the news media. An agenda will be provided to the Board members and the news media when practical.
(D) Executive sessions. The Board may meet in executive session at the discretion of the Chairperson or a majority of the Board. It is the intent of this Board to comply with the Indiana Open Door Law.
(E) Quorum. A majority of the number of Board members as fixed by city ordinance shall constitute a quorum for the transaction of business at any meeting. The act of majority of the quorum shall be the act of the whole Board, except where otherwise provided in these rules.
(F) Agenda. An agenda listing items of old and new business to be considered at regular meetings shall be prepared and made available to the Board members and the public at least 48 hours prior to the date of such meeting. The same shall be done for special and emergency meetings, when practical. Items may be placed on the agenda for a particular meeting by any Board member, Director, Superintendent, Office Manager, Attorney to the Board or a private citizen by contacting the Board secretary at least seven working days prior to the meeting. At any regular or special meeting, the Board may consider and act upon items of business not previously listed on the agenda for that meeting only upon a motion carried by a two-thirds vote of the Board present. If such two-thirds vote is not obtained, the item may be placed on the agenda for the next meeting.
(G) Minutes. The proceedings of all regular, special emergency and executive sessions of the Board shall be recorded in proper minute books in the form required by law. The minutes of each meeting shall be approved at the next meeting of the Board. The Secretary will sign the permanent copy of the minutes signifying to the Board approval of the minutes. In the event a dispute arises among the members as to the accuracy of any portion of the minutes, such dispute shall be resolved by a majority of votes of the whole Board. These minutes shall contain:
(1) The names of Board members present;
(2) The verbatim recording of all motions which are called to a vote; and
(3) The results of all votes taken that are less than unanimous by entering a list of the names of those voting by yeas and nays; provided, however, the minutes of the executive session need only identify the subject considered.
(H) Order of business. The order of business shall be as follows:
(1) Roll call;
(2) Reading of the minutes of the previous meeting and their approval;
(3) Reports of boards and standing committees;
(4) Reports of special (select) committees;
(5) Special orders;
(6) Unfinished business and general orders;
(7) New business;
(8) Adjourn.
(I) Parliamentary procedure. Robert’s Rules of Order in its latest edition shall govern all deliberations of the Board when not in conflict with these rules.
(J) Compliance with Indiana Open Door Law. It is the Board’s intent to meet the requirements of the Indiana Open Door Law. The Open Door Law prevails in event of a conflict between these rules and said law.
(K) Affirmative Action Plan. The Marion Utility Service Board affirms its commitment to equal employment opportunity for all persons, regardless of race, color, ancestry, religion, sex, national origin, marital status, physical handicap, medical condition, age, status as a disabled veteran or veteran of wars, including Vietnam, per the Utility’s Affirmative Action Plan. A copy of the Affirmative Action Plan shall be kept on file at the Director’s office for review.
(Ord. 32-1993, passed 12-21-1993)
(A) General. The officers of the Board shall consist of a Chairperson and Vice Chairperson.
(B) Elections. The members of the Board shall elect from their number the Chairperson of the Board at the first regular meeting in January. The Chairperson shall be elected by a majority of votes of all members. Members may vote for Chairperson by absentee ballot if they are ill or out of town at the time of the meeting by delivery of their vote in sealed writing to the Board Secretary prior to the start of the meeting.
(C) Terms. The Chairperson elected by the Board shall hold that office for a term of one year or until a successor is duly elected.
(D) Vacancy. In the event the office of Chairperson becomes vacant prior to the expiration of the term, the Vice-Chairperson shall complete that unexpired term of Chairperson.
(E) Duties of Chairperson. The Chairperson shall preside at meetings of the Board and while so presiding shall have a vote upon all motions, orders, resolutions and other matters coming before the Board. The Chairperson shall be the chief executive officer of the Board. The Chairperson shall discharge the ordinary duties of a presiding office in the ordinary course of business and perform such other duties as may be prescribed by these rules and regulations or by the Marion Utility Service Board. The Chairperson shall appoint the Vice-Chairperson with approval of a majority vote of the whole Board. In the event a member votes by absentee ballot, he or she automatically concurs with the Chairperson’s choice for Vice-Chairperson. The Chairperson shall appoint all committees. A standing committee will be appointed to work with other agencies concerning matters regarding utilities.
(F) Duties of Vice-Chairperson. The Vice- Chairperson shall perform all usual duties of the office in the absence of the Chairperson.
(Ord. 32-1993, passed 12-21-1993)
(A) Director of Utilities. The Director of this Utility is responsible to the Board for the business and technical operations of the utilities. The following rules shall apply to the working relationship between the Board and the Director.
(1) The Director shall when possible attend all regular and special meetings of the Board and shall be eligible to attend the meetings of the Board in executive session, at the discretion of the Board.
(2) The Director shall have line authority regarding all utilities employees. The Board shall respect this authority at all times.
(3) In the event the Director believes that the actions of the Board or of any Board member are interfering with the Director’s detailed supervision of the utilities, he or she shall so notify the Chairperson of the Board. Discussion of any dispute in this regard shall be held only in executive session, and the Director shall be present at any such meeting.
(4) In addition to an annual financial report, the Director shall prepare and submit to the Board monthly financial statements and perform whatever additional duties the Board, through the Chairperson, may prescribe.
(B) Secretary. The Board may utilize the services of a utility employee as a Secretary to the Board. The rate of compensation will be established by the Board. The Secretary shall have the following duties:
(1) Record, transcribe and make proper distribution of the minutes of all regular and special meetings;
(2) Maintain appropriate files;
(3) Maintain a correspondence log;
(4) Inform all members of any changes in the location, date or time of regular or special meetings;
(5) Perform whatever additional duties the Board, through the Chairperson, may prescribe.
(C) Board members’ duties. In order to contribute to the overall effective functioning of the Board and the Utilities, Board members are expected to abide by the following rules:
(1) To attend all meetings of the Board unless legitimate reason exists for not attending;
(2) To participate actively in Board activities;
(3) To keep informed regarding Board activities;
(4) All requests by the Board or any member of the Board for information and reports to be supplied by utilities employees shall be made through the Director or, in his or her absence, the Director’s nominee;
(5) To refrain from giving directions to do work to all utility personnel unless the request is made at a meeting of the Board and duly approved by the Board.
(D) Use of an attorney. To properly represent the Board and the Utilities, and subject to I.C. 36-4-9-12 setting out the powers and duties of the City Attorney, the Board’s attorney shall:
(1) Attend Board meetings unless legitimate reasons exist for not attending and to give legal advice as requested, which may occur at times other than Board meetings;
(2) Draft the legal documents which are necessary for the conduct of the Board and Utility business;
(3) Represent the Board and Utilities in litigation matters;
(4) Be informed on law affecting the Board and Utility and to give advice regarding pertinent new legal developments.
(E) Nonprofit organizations. Laboratory services may be made available free of charge to any public or private organization which has been designated as exempt from taxation under Internal Revenue Code Section 501(c)(3) at the discretion of the Board.
(Ord. 32-1993, passed 12-21-1993)
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