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The town hereby adopts the 2010 Americans with Disabilities (ADA) Standards for Accessible Design (ADAAG) and the 2011 Guidelines for Pedestrian Facilities in the Public Right-of-Way (PROWAG) and will adhere to any subsequent revisions.
(Res. 2016-6, passed 12-20-2016)
(A) The town Street Superintendent is designated as the ADA Coordinator for the town.
(B) The notice under the Americans with Disabilities Act, a copy of which is posted to the town’s website, is adopted as the Town of Osgood Notice under the Americans with Disabilities Act.
(C) The Town of Osgood ADA Grievance Procedure under the Americans with Disabilities Act, a copy of which is attached to town Resolution 2016-7, is adopted as the grievance procedure for addressing complaints alleging discrimination on the basis of disability in the provision of services, activities, programs or benefits by the town.
(D) In compliance with federal and state laws as set forth above, the Town Council resolves to post the required information regarding the ADA Coordinator, notice under the Americans with Disabilities Act, and Town of Osgood Grievance Procedure under the Americans with Disabilities Act on its website http://www.osgoodindiana.org/ and at such other locations as may be determined from time to time.
(Res. 2016-7, passed 12-20-2016)
(A) The acceptable minimum level of internal control standards and procedures developed under I.C. 5-11-1-27(e) by the SBOA contained in the “Uniform Internal Control Standards for Indiana Political Subdivisions” manual, are hereby adopted by the town, and that town personnel receive training concerning the internal control standards and procedures hereby adopted.
(B) The town establishes the following materiality policy under I.C. 5-11-1-10, 5-11-1-21, and 5-11-1-27:
Materiality, in the Town of Osgood, Indiana Government, is defined as $150 per occurrence. That is, if one occurrence of a loss or shortage or other irregularity is equal or greater than $150, it must be reported to the State Board of Accounts. The materiality definition is not limited to defalcations or suspicious activity involving only cash or cash transactions. If supplies, equipment or other fixed assets belonging to the town are suspected of being misappropriated or stolen or used in a manner not authorized by town officials and the value of those supplies, equipment or fixed assets are approximately $150, that misuse or series of misuse should be reported. That is not to say that if a loss or shortage is less than $150 it should be ignored. If there is a series of events, within the same office or department that appears to be a structuring event to defraud or misappropriate town funds or property, that event or series of events should be reported.
(C) All erroneous or irregular material variances, losses, shortages, or thefts of political subdivision funds or property shall be reported immediately to the State Board of Accounts. For all material variances, losses, shortages, or thefts, the State Board of Accounts shall:
(1) Determine the amount of funds involved and report the amount to the appropriate government and law enforcement officials;
(2) Determine the internal control weakness that contributed to or caused the conditions; and
(3) Make written recommendations to the appropriate legislative body or appropriate official overseeing the internal control system addressing:
(a) The method of correcting the condition; and
(b) The necessary internal control policies and internal control procedures that must be modified to prevent a recurrence of the condition.
(D) Pursuant to I.C. 5-11-1-27(1), a political subdivision, elected official or employee of the town that has actual knowledge of or reasonable cause to believe that there has been a misappropriation of public funds shall immediately send written notice of the misappropriation to the SBOA and the Prosecuting Attorney of Ripley County, Indiana regardless of the dollar amount, (i.e. there is no materiality threshold amount). Misappropriation occurs when an employee or in-house contractor of the political subdivision wrongly takes or embezzles public funds.
(E) The Town of Osgood, Indiana Ethics Policy/Internal Control/Materiality Declaration regarding establishment of a policy on materiality and a process for reporting material items, which was reviewed and approved by the town on June 21, 2016, is hereby adopted.
(Ord. 2016-3, passed 6-21-2016)
(A) Purpose. The purpose of the conflict of interest policy is to protect the interest of the Town of Osgood ("town") when it is contemplating entering into a transaction or arrangement that might benefit the private interest of an elected official, employee, or appointee or might result in a possible excess benefit transaction. This policy is intended to supplement but not replace any applicable state and federal laws governing conflict of interest applicable to towns.
(B) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FINANCIAL INTEREST.
(a) A person has a financial interest if the person has, directly or indirectly, through business, investment, or family:
1. An ownership or investment interest in any entity with which the town has a transaction or arrangement;
2. A compensation arrangement with the town or with any entity or individual with which the town has a transaction or arrangement; or
3. A potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the town is negotiating a transaction or arrangement. Compensation includes direct and indirect remuneration as well as gifts or favors that are not insubstantial.
(b) A FINANCIAL INTEREST is not necessarily a conflict of interest. Under division (C)(2) below, a person who has a financial interest may have a conflict of interest only if the appropriate governing board or committee decides that a conflict of interest exists.
INTERESTED PERSON. Any elected official, employee, or appointee who has a direct or indirect financial interest, as defined below, is an interested person.
(C) Procedures.
(1) Duty to disclose. In connection with any actual or possible conflict of interest, an interested person must disclose the existence of the financial interest and be given the opportunity to disclose all material facts to the Town Council (hereinafter "governing board").
(2) Determining whether a conflict of interest exists. After disclosure of the financial interest and all material facts, and after any discussion with the interested person, he/she shall leave the governing board while the determination of a conflict of interest is discussed and voted upon. The remaining board members shall decide if a conflict of interest exists.
(3) Procedures for addressing the conflict of interest.
(a) An interested person may make a presentation at the governing board meeting, but after the presentation, he/she shall leave the meeting during the discussion of, and the vote on, the transaction or arrangement involving the possible conflict of interest.
(b) The president of the governing board or committee shall, if appropriate, appoint a disinterested person or committee to investigate alternatives to the proposed transaction or arrangement.
(c) After exercising due diligence, the governing board shall determine whether the town can obtain with reasonable efforts a more advantageous transaction or arrangement from a person or entity that would not give rise to a conflict of interest.
(d) If a more advantageous transaction or arrangement is not reasonably possible under circumstances not producing a conflict of interest, the governing board or committee shall determine by a majority vote of the disinterested members whether the transaction or arrangement is in the town's best interest, for its own benefit, and whether it is fair and reasonable. In conformity with the above determination it shall make its decision as to whether to enter into the transaction or arrangement.
(4) Violations of the conflicts of interest policy.
(a) If the governing board has reasonable cause to believe a member has failed to disclose actual or possible conflicts of interest, it shall inform the member of the basis for such belief and afford the member an opportunity to explain the alleged failure to disclose.
(b) If, after hearing the member's response and after making further investigation as warranted by the circumstances, the governing board or committee determines the member has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action.
(D) Records of proceedings. The minutes of the governing board shall contain:
(1) The names of the persons who disclosed or otherwise were found to have a financial interest in connection with an actual or possible conflict of interest, the nature of the financial interest, any action taken to determine whether a conflict of interest was present, and the governing board's decision as to whether a conflict of interest in fact existed.
(2) The names of the persons who were present for discussions and votes relating to the transaction or arrangement, the content of the discussion, including any alternatives to the proposed transaction or arrangement, and a record of any votes taken in connection with the proceedings.
(E) Compensation.
(1) A voting member of the governing board who receives compensation, directly or indirectly, from the town for services is precluded from voting on matters pertaining to that member's compensation.
(2) A voting member of any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the town for services is precluded from voting on matters pertaining to that member's compensation.
(3) No voting member of the governing board or any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the town, either individually or collectively, is prohibited from providing information to any committee regarding compensation.
(F) Annual statements.
(1) Each elected official, employee, or appointee of town shall sign a statement which affirms such person:
(a) Has received a copy of the conflicts of interest policy;
(b) Has read and understands the policy;
(c) Has agreed to comply with the policy; and
(d) Understands the town in order to maintain its federal tax exemption it must engage primarily in activities which accomplish one or more of its tax exempt purposes.
(2) The town shall submit a disclosure of planned or potential transactions related to the use of federal funds that may constitute or present the appearance of personal or organizational conflicts of interest.
(G) Periodic reviews. To ensure the town operates in a manner consistent with its purposes and does not engage in activities that could jeopardize its tax-exempt status, periodic reviews shall be conducted. The periodic reviews shall, at a minimum, include the following subjects:
(1) Whether compensation arrangements and benefits are reasonable, based on competent survey information, and the result of arm's length bargaining;
(2) Whether partnerships, joint ventures, and arrangements with management organizations conform to the town's written policies, are properly recorded, reflect reasonable investment or payments for goods and services, further the town's purposes and do not result in inurement, impermissible private benefit or in an excess benefit transaction.
(H) Use of outside experts. When conducting the periodic reviews as provided for in division (G) above, the town may, but need not, use outside advisors. If outside experts are used, their use shall not relieve the governing board of its responsibility for ensuring periodic reviews are conducted.
(Res. 2017-6, passed 11-21-2017)