(A) There is hereby established a Department of Parks and Recreation for the county. The Department shall consist of a Park and Recreation Board, a Superintendent and other appropriate personnel as the Board determines.
(B) (1) The Park and Recreation Board shall consist of five members appointed as follows:
(a) Two members shall be appointed by the Judge of the County Circuit Court;
(b) One member shall be appointed by the County Commissioners; and
(c) Two members shall be appointed by the County Council.
(2) The aforementioned members shall be appointed on the basis of their interest and knowledge of parks and recreation but no more than one member appointed by the Judge of the County Circuit Court and no more than one member appointed by the County Council shall be affiliated with the same political party. No member of the County Council, no member of the County Commissioners, no Mayor of a city in Perry County and no member of a City Council in Perry County may serve on the Board.
(3) The Circuit Court Judge’s appointments are for one- and three-year terms, respectively. The County Executive’s appointment is for a two-year term. The County Council’s appointments are for two- and four-year terms, respectively. As a term expires, each new appointment is for a four-year term. All terms expire on the first Monday in January, but a member continues in office until his or her successor is appointed.
(C) A member of the Park and Recreation Board may be removed only for cause upon specific written charges filed against him or her. The charges shall be filed with and heard by the appointing authority unless the appointing authority is bringing the charges. If the appointing authority is bringing the charges, the County Council shall appoint a Hearing Officer. The Hearing Officer shall fix a date for a public hearing and give public notice of at least ten days in advance of the hearing. At the hearing, the member is entitled to present evidence and argument and to be represented by counsel.
(D) (1) All meetings of the Park and Recreation Board are open to the public. The Board shall fix the time and place of its regular meetings, but it shall meet at least quarterly. Special meetings of the Board may be called by the President or by any two members by written request to the Secretary. The Secretary shall send to each member, at least two days before a special meeting, a written notice fixing the time, place and purpose of the meeting; provided, however, the written notice of a special meeting is not required if the time of the special meeting is fixed at a regular meeting or if all the members are present at the special meeting. At its first regular meeting each year, the Board shall elect a President and a Vice President. The Vice President may act as President during the absence or disability of the President. The Board may select a Secretary either from within or outside its membership. A majority of the members constitutes a quorum. Action of the Board is not official unless it is authorized by at least three members present and acting.
(2) If the Board determines that members or employees should attend a state, regional or national conference dealing with parks and recreation problems, it may authorize the payment of the actual expenses involved in attending the conference. However, the amount must be available as part of the Board’s appropriation. Each member of the Board shall be paid $25 for his or her attendance at each meeting of the Board, maximum of $300 per member per year. The county shall provide suitable quarters for holding meetings and conducting the work of the Board. The duties of the Board of Park and Recreation are as follows:
(a) To exercise general supervision of and make rules for the Department;
(b) Establish rules governing the use of the park and recreational facilities by the public;
(c) Provide adequate police protection for its property and activities, either by requesting assistance from state, municipal or county police authorities or by having specified employees deputized as police officers; deputized employees, however, are not eligible for police pension benefits or other emoluments of police officers;
(d) Appoint the necessary administrative officers of the Department and fix their duties;
(e) Establish standards and qualifications for the appointment of all personnel and approve their appointments without regard to politics;
(f) Make recommendations in an annual report to the County Commissioners and the County Council concerning the operation of the Board and status of park and recreation programs in the county;
(g) Prepare and submit an annual budget in the same manner as other executive departments of the county; and
(h) Appoint a member of the Board to serve on another kind of board or commission whenever a statute allows a Park and Recreation Board to do this.
(E) (1) The Board of Park and Recreation shall have the following powers:
(a) Enter into contracts and leases for facilities and services;
(b) Contract with persons for joint use of facilities for the operation of park and recreation programs and related services;
(c) Contract with another Board, another governmental unit or school corporation for the use of park and recreation facilities or services, and a township or school corporation may contract with the Board for the use of park and recreation facilities or services;
(d) Acquire and dispose of real and personal property, within or outside the state;
(e) Exercise the power of eminent domain under statutes available to municipalities;
(f) Sell, lease or enter into an royalty contract for the natural or mineral resources of land that it owns, the money received to be deposited in a nonreverting capital fund to the Board;
(g) Engage in self-supporting activities including the authority to charge reasonable fees for the provision of certain activities;
(h) Contract for special and temporary services and professional assistance;
(i) Delegate authority to perform ministerial acts in all cases except for final action of the Board as necessary;
(j) Prepare, publish and distribute reports and other materials relating to activities authorized by this section;
(k) Sue and be sued collectively by its legal name as the “Perry County Park 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;
(l) Invoke any legal, equitable or special remedy for the enforcement of this section, or the Board’s own action taken under this section; and
(m) Release and transfer, by resolution, part of the area over which it has jurisdiction for park and recreational purposes to park authorities of another governmental unit for park and recreational purposes upon petition of the Park and Recreation Board of the acquiring governmental unit.
(2) The Board may also lease any buildings or grounds belonging to the county and located within a park to a person 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, swimming facilities, golf courses, skating facilities, dancing facilities, amusement rides generally found in amusement parks or other recreational facilities. The lease may be made for more than one year 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, as amended.
(F) (1) The Board may sell or order sold through a designated representative, by public or private sale, any personal property the Board has declared to be surplus at a regular or special meeting and is declared to have an aggregate appraised value of $5,000 or less. Whenever the Board decides to sell at a private sale, the Board must employ a qualified appraiser to determine a reasonable selling price for each kind of surplus item and must publish in the manner provided in I.C. 5-3-1, as amended, the following:
(a) The fact that a private sale will be held;
(b) The location of the sale;
(c) The dates at the beginning and end of the sale;
(d) The time of day during which the sale will take place;
(e) The kind of items to be sold at the sale; and
(f) The price of each kind of item, which may not be less than the reasonable selling price determined by a qualified appraiser.
(2) If the Board decides to sell at public sale, the Board shall conduct the sale in the manner provided by law for the county.
(G) The Park and Recreation Board may appoint a Superintendent of Parks and Recreation. The Board may not consider political affiliation in the selection of the Superintendent. The Superintendent must be qualified by training or experience in the field of parks or recreation or have a certification or an advanced degree in the field of parks or recreation.
(H) If a Superintendent is appointed by the Park and Recreation Board, under the direction of the Board, he or she shall:
(1) Propose annually a plan for the operation of the Department;
(2) Administer the plan as approved by the Board;
(3) Supervise the general administration of the Department;
(4) Keep the records of the Department and preserve all records and documents of the Department;
(5) Recommend persons for appointment as assistants if the Board determines there is a need;
(6) Appoint the employees of the Department, subject to the approval of the Board, according to the standards and qualifications fixed by the Board and without regard to political affiliation;
(7) Prepare and present to the Board annual reports; and
(8) Perform other duties that the Board directs.
(I) If the Board determines that the size of the Department’s operation requires assistance for the Superintendent, the Board may appoint, upon the recommendation of the Superintendent, one or more assistants. The Board shall determine their qualifications on a basis similar to that prescribed for the Superintendent. Assistants are directly responsible to the Superintendent and shall perform the duties specified by the Superintendent.
(J) Every officer and employee who handles money in the performance of duties as prescribed by this section shall execute an official bond for the term of office or employment before entering upon the duties of the office or employment. The County Council may, under I.C. 5-4-1-18, as amended authorize a blanket bond to cover all officers’ and employees’ faithful performance of duties. The penal amounts of the bond shall be fixed by the County Council. All bonds shall be filed and recorded in the office of the County Recorder.
(K) (1) The Park and Recreation Board may create an advisory council on special committees composed of citizens interested in parks and recreation. In selecting such a council or special committees, the Board shall give consideration to the groups in the community particularly interested in parks and recreation. In a resolution creating an advisory council or special committee, the Board shall specify the terms of its members and purposes for which it is created. The advisory council or a special committee shall:
(a) Study the projects and problems specified by the Board and recommend to the Board additional problems in need of study;
(b) Advise the Board concerning these subjects, particularly as they relate to different areas and groups in the community; and
(c) Upon the invitation of the Board, sit with and participate in the deliberations of the Board, but without the right to vote.
(2) The advisory council or special committee shall report only to the Board and shall make inquiries and reports only in those areas specified by the Board’s resolution creating the council or the committee.
(L) The Park and Recreation Board may accept gifts, donations and subsidies for park and recreational purposes. However, a gift or transfer of property to the Board may not be made without its approval. A gift or grant of money shall be deposited in a special nonreverting fund to be available for expenditure by the Board for purposes specified by the grantor. The disbursing officer of the county may draw warrants against the fund only upon vouchers signed by the President and Secretary of the Board.
(M) The territory within the boundaries of the county comprises a special taxing district for the purpose of levying special benefit taxes for park and recreational purposes as provided in this section. The County Council shall determine and provide the revenues necessary for the operation of the Department or for capital expenditures not covered by the issuance of bonds by:
(1) A special levy to be used exclusively for these purposes;
(2) A special appropriation; or
(3) Both of these methods.
(N) Once the Park and Recreation Board is established, upon its request, the County Council shall establish, by ordinance, a special nonreverting capital fund for the purposes of acquiring land or making specific capital improvements. The County Council may include in the Board’s annual budget an item and an appropriation for these specific purposes. Money placed in the nonreverting capital fund may not be withdrawn except for the purposes for which the fund was created unless the County Council repeals the ordinance. The County Council may not repeal the ordinance under suspension of the rules.
(O) (1) The Park and Recreation Board may establish a cumulative building fund to provide money for:
(a) Building, remodeling and repair of park and recreation facilities; or
(b) Purchase of land for park and recreation purposes.
(2) Before a fund may be established, the proposed action must be approved by the County Council and by the State Board of Tax Commissioners.
(3) If the Park and Recreation Board decides to establish a cumulative building fund, it shall give notice and hold a public hearing for the taxpayers affected after approval by the County Council and before the proposed action is presented to the State Board of Tax Commissioners for approval. Notice of the proposal and the public hearing must be given by publication in accord with I.C. 5-3-1, as amended.
(4) If, after the public hearing, the proposed action is submitted for approval to the State Board of Tax Commissioners, the State Board of Tax Commissioners shall require notice of that submission to be given to the taxpayers of the county by publication in accord with I.C. 5-3-1, as amended. If 30 or more taxpayers of the unit file a petition with the County Auditor not later than 30 days after the publication, setting forth their objections to the proposed fund, the County Auditor shall immediately certify the petition to the State Board of Tax Commissioners.
(5) Whether or not a petition of objection is received, the State Board of Tax Commissioners shall, within a reasonable time, fix the date for a hearing on the proposal to establish a fund. The hearing shall be held in the county. Notice of the hearing shall be given to the County Auditor who shall publish it in accordance with I.C. 5-3-1, as amended. If a petition of objection was filed, notice shall also be given to the first ten taxpayers whose names appear upon the petition by a letter signed by the Secretary or any member of the Board and sent by mail with fully prepaid postage to the Auditor and to those taxpayers at their usual place of residence at least five days before the date fixed for the hearing. After the hearing upon the proposal, the State Board of Tax Commissioners shall certify their approval, disapproval or modification of the proposal to the County Auditor.
(6) The action of the State Board of Tax Commissioners with respect to the proposed levy is final and conclusive. To provide for the Cumulative Building Fund, the County Council may levy a tax not to exceed $0.05 on each $100 of assessed valuation of real and personal taxable property within the county. The tax may be levied annually beginning with the first annual tax levy after approval by the State Board of Tax Commissioners and may continue for a period not exceeding ten years. The tax shall be advertised annually as are other tax levies. After the levy has been approved, the County Council may reduce or rescind the annual levy.
(7) Before August 2 of a year, a petition for reduction or revision of the levy may be filed with the County Auditor by at least 50 taxpayers of the county that sets forth their objections to the levy. The petition shall be certified to the State Board of Tax Commissioners, and the State Board of Tax Commissioners shall, within a reasonable time, fix a date for the hearing on the petitions. The hearing shall be held in the county. Notice of the hearing shall be given to the County Auditor who shall publish it in accordance with I.C. 5-3-1, as amended. Notice shall also be given to the first ten taxpayers whose names appear upon the petitions by a letter signed by the Secretary or any member of the Board and sent by mail with fully prepaid postage to the Auditor and to those taxpayers at their usual place of residence at least five days before the date fixed for the hearing. After the hearing, the State Board of Tax Commissioners may reduce or rescind the levy, and this action is final and conclusive.
(8) The tax shall be collected and held in the special fund known as the County Park and Recreation Cumulative Building Fund. The Fund may not be expended for a purpose other than the purpose for which it was levied. Expenditures may be made from the Fund only after an appropriation has been made in the manner provided by statute for making other appropriations.
(P) (1) Park and recreation facilities and programs shall be made available to the public free of charge as far as possible; provided, however, if it is necessary in order to provide a particular activity, the Board may charge a reasonable fee. The County Council shall designate the Fund or funds into which the County Treasurer shall deposit fees from golf courses, swimming pools, skating rinks or other major facilities requiring major expenditures from management and maintenance. Money received from fees other than from major facilities or received from the sale of surplus property shall be deposited by the County Treasurer either in the special nonreverting operating fund or in the nonreverting capital fund as directed by the Park and Recreation Board. However, if neither fund has been established, money received from fees or from the sale of surplus property shall be deposited into the County General Fund. Money from either special fund may be disbursed only on approved claims, allowed and signed by the President and Secretary of the Board.
(2) Money placed in the special nonreverting capital fund may not be withdrawn except for purposes for which the fund was created unless the County Council repeals the ordinance establishing the fund. The County Council may not repeal the ordinance under suspension of the rules. Money procured from fees or received from the sale of surplus property shall be deposited at least once each month with the County Treasurer.
(Q) The Park and Recreation Board may acquire real property or a work of improvement and finance the same by the issuance of bonds. In doing so, the Park and Recreation Board shall comply with the procedures provided by state law. This specifically includes obtaining an ordinance approving the bond issue from the County Council. Additionally, the Park and Recreation Board in order to raise money to pay all bonds shall levy annually a special tax upon all the real and personal property located in the district sufficient to pay the principal of the bonds as they mature including accrued interest. The Board shall have the tax to be levied each year certified to the Auditor of the county in which the district is located at the time for certification of tax levies. The tax shall be collected and enforced by the County Treasurer in the same manner as other taxes are collected and enforced. As the tax is collected, it shall be accumulated and kept in a separate fund to be known as the Park District Bond Fund. The tax shall be applied in payment of the district bonds and interest as they mature and may not be used for another purpose.
(R) A person who knowingly discharges a firearm into or inside a park or shoots an arrow with a bow into or inside a park commits a Class B misdemeanor. This does not apply to an area that the Park and Recreation Board designates as a hunting, firearm sport or archery area.
(1984 Code, § 12-1, 12-3) (Ord. 1983-C-5, passed 7-5-1983; Ord. 89-CC-21, passed 8-24-1989) Penalty, see § 10.99