§ 31.19  PARK AND RECREATION BOARD.
   (A)   Park and Recreation Board powers. The new Town Park and Recreation Board (“Board”) shall oversee the development and maintenance of parks and recreation in the new town. The Board shall have all powers, duties and responsibilities prescribed in I.C. 36-10-3-1 et seq. However, the Board shall obtain the prior approval of the Town Council before exercising the power of eminent domain, as provided by I.C. 36-10-3-11(a)(5). In addition, the Board shall oversee the maintenance of the cemeteries within the former Eagle and Union Townships to the extent required by and provided for in I.C. 23-14-33 through 23-14-73.
   (B)   Park Board representation and action.
      (1)   The Board shall consist of four members to be appointed by the Town Council. The members shall be appointed on the basis of their interest in and knowledge of parks and recreation. Members of the Board must be residents of the park district. At least one of the members must be a resident of the part of former Union Township designated as the “Rural District” and at least one of the members must be a resident of the part of former Eagle Township designated as the “Rural District”. Notwithstanding the provisions of this division (B)(1), no action of the Board may be challenged or invalidated on the basis of the residency of the members of the Board.
      (2)   The Board members will serve staggered four-year terms. No Board member may serve more than eight years in any 12-year period. Service prior to 1-2-2010 will be counted in this restriction. The Town Council shall appoint the four members of the Board, effective 1-2-2010, with the members serving initial terms of four, three, two and one years, respectively. The Town Council may reappoint members of the current Park Board to the Board and may provide for the terms of those current members to coincide with the remainder of their current terms. However, the Town Council must make appointments that satisfy the residency requirements of division (B)(1) above and that satisfy the term limits of this division (B).
      (3)   In making appointments to the Board, the Town Council may be required to find, pursuant to I.C. 36-10-3-4.1, that due to the political make up of the persons active in the parks community, it is necessary to waive the following requirements for members of the Board:
         (a)   The requirement that a member of the Board be affiliated with a political party; and
         (b)   The requirement that not more than two of the four members of the Board be affiliated with the same political party.
      (4)   (a)   In addition, the Board may have up to two ex-officio members, those being:
            1.   A member:
               a.   Of the governing body of the school corporation selected by that body; or
               b.   Designated by the governing body of the school corporation.
            2.   A member of the governing body of the library district selected by that body; or
            3.   Both divisions (B)(4)(a)1. and (B)(4)(a)2. above.
         (b)   The ex-officio members shall be appointed and shall serve at the will of their respective appointing authority. No individual may serve as an ex-officio member of the Board for more than four years (four one-year terms).
      (5)   The Town Council may appoint advisor members as it deems appropriate, from local area agencies and organizations, such as Public Safety, Central Indiana Land Trust and the Boone County Foundation.
      (6)   Upon authorization under state statute, the Town Council will expand the membership of the Board to seven members, to include four regular members and three ex-officio members from various community organizations.
      (7)   Pursuant to I.C. 36-10-3-8, the Board shall elect its officers annually. No Board member may serve in the same office for more than two consecutive years.
      (8)   Pursuant to I.C. 36-10-3-8(d), an action of the Board is not official unless it is authorized by at least three members present and acting.
      (9)   Any appointed member who moves from the jurisdiction from which the member was appointed shall be treated as if the member had resigned and the Town Council shall appoint a replacement consistent with these requirements. If the jurisdiction of the residence of an appointed member changes due to reclassification of the District in which the appointed member resides, then the member shall not be deemed to have resigned and the appointed member may serve the remainder of his or her term.
   (C)   Park Board Superintendent. The Board shall appoint a Superintendent pursuant to I.C. 36-10-3-13. The Superintendent shall have the powers and duties provided in I.C. 36-10-3-14, together with such other powers and duties properly conveyed to him or her by the Board. The Superintendent shall provide regular informational reports to the Town Manager on the same basis as the chief officers of the various town departments. The Superintendent shall attend all joint meetings of the collective chief officers of the various town departments.
   (D)   Transition Committee. The Transition Committee has reviewed this section and discussed it at meetings of the Transition Committee on 9-30-2009 and 12-16-2009 and recommends adoption of this section in furtherance of the reorganization and to foster and promote geographic representation on the boards and commissions as described in the reorganization plan and reorganization ordinances.
(1996 Code, § 9-30)  (Ord. 2009-15, passed 12-17-2009; Ord. 2013-16, passed 11-4-2013)