§ 33.55  ADMINISTRATION.
   (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)