§ 33.03  DEPARTMENT OF PARKS AND RECREATION.
   (A)   Definitions. The following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BOARD. The Park and Recreation Board.
   DEPARTMENT. A department of parks and recreation.
   DISTRICT. The area within the jurisdiction of a department.
   (B)   Establishment.
      (1)   Board of Parks and Recreation. There is hereby established the Town of Winamac Board of Parks and Recreation (the “Board”). The Board shall have all powers and duties as set forth in I.C. 36-10-3. All books, papers, documents, and other property of former park and recreation authorities shall be transferred to and become the property of the Board.
      (2)   Board Membership. The Board shall consist of five members. Four members shall be appointed by the Town Council, based upon their interest in and knowledge of parks and recreation. Not more than two members may be affiliated with the same political part, except as provided in I.C. 36-10-3-4.1, and all members must be residents of the district. The fifth member shall be a member of the governing body of the library district selected by that body.
         (a)   The Board may also include one other ex officio member, that ex officio member being a member of the Eastern Pulaski Community School Corporation School Board (the "School Board") selected by that body, or a member designated by the School Board.
         (b)   Ex officio members shall have all the rights of regular members, including the right to vote. A vacancy in an ex officio position shall be filled by the appointing authority.
         (c)   Neither a municipal executive nor a member of a county fiscal body, county executive, or municipal fiscal body may serve on the Board.
      (3)   Term of membership.
         (a)   Initial appointments to the Board are as follows:
            1.   Town Council appointments.
               A.   One member for a term of one year.
               B.   One member for a term of two years.
               C.   One member for a term of three years.
               D.   One member for a term of four years.
            2.   Pulaski County Public Library appointment. One member for a term of two years.
         (b)   As each term under division (B)(3)(a) expires, each new appointment is for a four-year term. All terms shall expire on the first Monday in January, but a member shall continue to serve until his or her successor is appointed.
         (c)   An appointing authority, if applicable, shall make initial appointments within 90 days after the creation of the Department.
         (d)   If an appointment for any new term is not made by the first Monday in April, the incumbent shall serve another term.
         (e)   In making initial appointments under division (B)(3)(a), the Town Council shall give special consideration to the appointment of members from previous park or recreation boards.
         (f)   If a vacancy on the Board occurs, the appointing authority shall appoint a person to serve for the remainder of the unexpired term.
      (4)   Removal. A member of the Board may be removed only for cause, upon specific written charges filed against him or her. The charged 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 unit's fiscal body shall appoint a hearing officer. The person to hear the charges shall fix a date for a public hearing and give public notice 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 Council.
      (5)   Advisory Members. The municipal and county boards may each designate a member to sit with the other Board members in an advisory capacity.
   (C)   Meetings and other business.
      (1)   General requirements. All meetings of the Board shall be open to the public. The Board shall fix the time and place of its regular meetings, but it shall meet at least quarterly. The town shall provide suitable quarters for holding meetings and conducting the work of the Board.
      (2)   Special meetings. Special meetings of the Board may be called by the president, or any two members by written request to the secretary. The secretary shall send each member, at least 48 hours before a special meeting, a written notice fixing the time, place, and purpose of the meeting. 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 members are present at the special meeting.
      (3)   Election of officers. At its first regular meeting each year, the Board shall elect a president and a vice president. The Board may select a secretary either from within, or outside, its membership.
      (4)   Quorum. 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.
      (5)   Compensation. The members of the board may receive a salary in an amount fixed by the Town Council. The Town Council may appropriate and approve a per diem allowance to members of a board for attending a meeting of the board.
      (6)   Other permitted requirements. If the Board determines that members or employees should attend a state, regional, or national conference dealing with park and recreation problems, the Board 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.
   (D)   Duties and powers.
      (1)   Board duties. The Board shall:
         (a)   Exercise general supervision of and make rules for the department.
         (b)   Establish rules governing the use of the park and recreation facilities by the public.
         (c)   Provide police protection for its property and activities, either by requesting assistance from the state, municipal, or county police authorities, or by having specified employees deputized as police officers.
         (d)   Any deputized employees are not eligible for police pension benefits or other emoluments of police officers.
         (e)   Appoint the necessary administrative officers of the department and fix their duties.
         (f)   Establish standards and qualifications for the appointment of all personnel and approve their appointments without regard to politics.
         (g)   Make recommendations and an annual report to the executive and fiscal body of the unit concerning the operation of the Board and the status of park and recreation programs in the district.
         (h)   Prepare and submit an annual budget in the same manner as other executive departments of the unit.
         (i)   Appoint a member of the Board to serve on another kind of board or commission, whenever a statute allows a park or recreation board to do this.
      (2)   Board powers. The Board may:
         (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, a unit, or a 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, either within or outside Indiana.
         (e)   Exercise the power of eminent domain under statutes available to municipalities.
         (f)   Sell, lease, or enter into a royalty contract for the natural or mineral resources of land that it owns, the money received to be deposited in a nonreverting capital fund of the Board.
         (g)   Engage in self-supporting activities as prescribed in Ind. Code § 36-10-3-22, and as prescribed in this section.
         (h)   Contract for special and temporary services and for professional assistance.
         (i)   Delegate authority to perform ministerial acts in all cases, except where final action of the Board is 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, the "Winamac Department of Parks and Recreation," 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, a park or recreation ordinance or resolution, or the Board's own action taken under either.
         (m)   Release and transfer, by resolution, a part of the area over which it has jurisdiction for park and recreational purposes to park authorities of another unit for park and recreational purposes upon petition of the park or recreation board of the acquiring unit.
      (3)   Power to lease. The Board may lease any buildings or grounds belonging to the unit and located within a park to a person for a period not to exceed 50 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. A 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.
         (a)   Notwithstanding the foregoing, the Board may lease buildings or grounds belonging to the unit for a period of more than one year without soliciting the highest and best bidder or providing notice under I.C. 5-3-1, if:
            1.   The building or grounds are leased to an Indiana nonprofit corporation;
            2.   The buildings or grounds are operated as a public golf course; and
            3.   The  golf course  remains  subject to  rules  and regulations promulgated by the Board.
      (4)   Sale of surplus property. The Board may sell, or order sold through a designated representative, by public or private sale, any personal property that the Board has declared to be surplus at a regular or special meeting and has 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:
         (a)   The fact that a private sale will be held;
         (b)   The location of the sale;
         (c)   The dates of the beginning and end of the sale;
         (d)   The time of day during which the sale will take place;
         (e)   The kinds 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 the qualified appraiser.
      (5)   The Board decides to sell at a public sale, the Board shall conduct the sale in the manner provided by law for the unit.
      (6)   Compensation. The Board shall fix the compensation of officers and personnel appointed under division (D)(1)(d)(e).
   (E)   Superintendent and duties.
      (1)   Appointment. The Board may appoint a superintendent of parks and recreation. The Board may not consider political affiliation in the selection of the superintendent.
      (2)   Qualifications. The superintendent must:
         (a)   Be qualified by training or experience in the field of parks and recreation; or
         (b)   Have a certification or an advanced degree in the field of parks and recreation.
         (c)   An incumbent performing park and recreational functions in a supervisory capacity at the time a unit adopts a creating ordinance is eligible for appointment as superintendent or as an assistant, but he or she must have the required training, experience, or certification.
      (3)   Duties. Under the direction of the Board, the superintendent shall:
         (a)   Propose, annually, a plan for the operation of the department.
         (b)   Administer the plan as approved by the Board.
         (c)   Supervise the general administration of the department.
         (d)   Keep the records of the department and preserve all papers and documents of the department.
         (e)   Recommend persons for appointment as assistants, if the Board determines there is a need.
         (f)   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.
         (g)   Prepare and present to the Board an annual report.
         (h)   Perform other duties, as the Board may direct from time to time.
      (4)   Assistant superintendent. If the Board determines that the size of the Department's operation requires assistants 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.
   (F)   Bonding; Advisory Council; fiscal matters.
      (1)   Bonds and crime policies.
         (a)   Every officer and employee who handles money in the performance of his or her 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.
         (b)   The Town Council may, under I.C. 5-4-1-18, authorize the purchase of a blanket bond or crime insurance policy endorsed to include faithful performance to cover all officers' and employees' faithful performance of duties. The amount of the bond or crime insurance policy shall be fixed by the fiscal body and, in the case of a municipality, must be approved by the Town Council president.
         (c)   All official bonds shall be filed and recorded in the office of the Pulaski County Recorder.
      (2)   Advisory Council and special committees.
         (a)   The Board may create and Advisory Council and special committees composed of citizens interested in parks and recreation.
         (b)   In selecting an Advisory 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 a special committee, the Board shall specify the terms of its members and the purposes for which it is created.
         (c)   The Advisory Council or a special committee shall:
            1.   Study the subjects and problems specified by the Board and recommend to the Board additional problems in need of study.
            2.   Advise the Board concerning these subjects, particularly as they relate to different areas and groups in the community.
            3.   Upon the invitation of the Board, sit with and participate in the deliberations of the Board, but without the right to vote.
         (d)   The Advisory Council or a 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 committee.
      (3)   Gifts, donations, and subsidies. The 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. Any 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 unit may draw warrants against the fund only upon vouchers signed by the president and secretary of the Board.
      (4)   Special taxing district. The territories within the boundaries of the unit comprises a special taxing district for the purpose of levying special benefit taxes for park and recreational purposes as provided in this section. The Town Council shall determine and provide the revenues necessary for the operation of the department or for the capital expenditures not covered by the issuance of bonds by:
         (a)   A specific levy to be used exclusively for these purposes;
         (b)   A special appropriation; or
         (c)   Both of these methods.
      (5)   Special nonreverting capital fund. Upon the request of the Board, the Town Council may establish, by separate ordinance, a special nonreverting capital fund for the purposes of acquiring land or making specific capital improvements. The Town Council may include in the Board's annual budget an item and an appropriation for these specific purposes.
      (6)   Money placed in the nonreverting capital fund may not be withdrawn, except for the purposes for which the fund was created, unless the Town Council repeals the ordinance. The Town Council may not repeal the ordinance under suspension of the rules.
      (7)   Cumulative Building Fund.
         (a)   The Board may establish a cumulative building fund under I.C. 6-1.1 -41, to provide for:
            1.   Building, remodeling, and repair of park and recreational facilities; or
            2.   The purchase of land for park and recreational purposes.
         (b)   In addition to the requirements of I.C. 6-1.1-41, before a fund may be established, the proposed action must be approved by the Town Council.
         (c)   To provide for the cumulative building fund, the unit's fiscal body may levy a tax in compliance with I.C. 6-1.1-41, not to exceed one and $0.0167 on each $100 of assessed valuation of taxable property within the unit.
         (d)   The tax shall be collected and held in a special fund known as the unit's Park and Recreation Cumulative Building Fund.
      (8)   Fees for particular activities, special funds, deposits, withdrawals. Park and recreation facilities and programs shall be made available to the public free of charge as far as possible. However, if it is necessary in order to provide a particular activity, the Board may charge a reasonable fee.
         (a)   The Town Council may establish, by separate ordinance, and upon request of the Board:
            1.   A special nonreverting operating fund for park purposes from which expenditures may be made as provided by ordinance, either by appropriation by the Board or by the Town Council; or
            2.   A special nonreverting fund for the purpose of acquiring land or making specific capital improvements from which expenditures may be made by appropriation by the Town Council.
         (b)   The Town Council shall designate the funds into which the Town Clerk-Treasurer shall deposit fees from golf courses, swimming pools, skating rinks, or other major facilities requiring major expenditures for 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 Town Clerk-Treasurer either in the special nonreverting operating fund or in the nonreverting capital fund, as directed by the Board. However, if neither fund has been established, money received from fees or from the sale of surplus property shall be deposited in the unit's 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.
         (c)   Money placed in the special nonreverting capital fund may not be withdrawn, except for the purposes for which the fund was created, unless the Town Council repeals the ordinance establishing the fund. The Town Council may not repeal the ordinance under suspension of the rules.
         (d)   Money procured from fees or received from the sale of surplus property under division (F)(4), shall be deposited at least once each month with the Town Clerk-Treasurer of the town.
(Ord. 9, 1996, passed 11-11-1996; Am. Ord. 5 of 2016, passed 4-28-2016; Am. Ord. 13 of 2016, passed 10-31-2016)