Town Code

Chapter

Section

   This code shall be known and may be designed and cited as “The Shipshewana Town Code of 1997.” This codification has been made in one ordinance under appropriate titles, chapters and sections by authority of the Public Acts of the state.

(Ord. I-B, passed  - - )

   Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition and application shall govern the interpretation of this code as those governing the interpretation of the Public Acts of the state.

(Ord. I-B, passed  - - )

   All of the provisions of this chapter, not incompatible with future legislation, shall apply to ordinances hereafter adopted amending or supplementing this code, unless otherwise specifically provided.

(Ord. I-B, passed  - - )

   (A)   Headings and captions used in this code other than the title, chapter, and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.

   (B)   Statutory-references, cross-references and other comments are by way of explanation only and shall not be deemed a part of the text of any section.

(Ord. I-B, passed  - - )

   (A)   General rule.  Words and phrases shall be taken in their plain, or ordinary and usual sense. However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.

   (B)   For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   The construction of all ordinances of this municipality shall be by the following rules, unless such construction is plainly repugnant to the intent of the legislative body or of the context of the same ordinance:

   (A)    AND or OR.  Either conjunction shall include the other as if written “and/or,” if the sense requires it.

   (B)   Acts by assistants.  When a statute or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, such requisition shall be satisfied by the performance of such act by an authorized agent or deputy.

   (C)   Gender; singular and plural; tenses.  Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.

   (D)   General term.  A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.

   Each chapter, section or, whenever divisible, part of a section of this code of ordinances is hereby declared to be separable, and the invalidity of any chapter, section or divisible part section shall not be construed to affect the validity of any other chapter, section or part section of this code.

(Ord. I-B, passed  - - )

   Whenever in one section reference is made to another section hereof, such reference shall extend and apply to the section referred to as subsequently amended, revised, recodified or renumbered unless the subject matter be changed or materially altered by the amendment or revision.

(Ord. I-B, passed  - - )

   Reference to a public office or officer shall be deemed to apply to any office or officer entitled to exercise the powers, duties or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.

(Ord. I-B, passed  - - )

   If a manifest error is discovered consisting of the misspelling of any word or words, the omission of any word or words necessary to express the intention of the provisions affected, the use of a word or words to which no meaning can be attached, or the use of a word or words when another word or words was clearly intended to express such intent, such spelling shall be corrected or such word or words supplied, omitted or substituted as will conform with the manifest intention, and the provision shall have the same effect as though the correct words were contained in the text as originally published. No such alteration shall be made or permitted if any question exists regarding the nature or extent of such error.

(Ord. I-B, passed  - - )

   The official time, as established by applicable state/federal laws, shall be the official time within this municipality for the transaction of all municipal business.

   (A)   In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of such act or the giving of such notice.

   (B)   The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day be Sunday, it shall be excluded.

   This code, from and after its effective date, shall contain all of the provisions of a general nature of the town pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code of ordinances.

(Ord. I-B, passed  - - )

   All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not enumerated and embraced in this code of ordinances shall remain in full force and effect unless herein repealed expressly or by necessary implication.

(Ord. I-B, passed  - - )

   All ordinances passed by the legislative body requiring publication shall take effect from and after the due publication thereof, unless otherwise expressly provided. Ordinances not requiring publication shall take effect from their passage, unless otherwise expressly provided.

   (A)   Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the due publication of the ordinance repealing or modifying it when publication is required to give effect thereto, unless otherwise expressly provided.

   (B)   No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given, secured, or accrued under any ordinance previous to its repeal shall in any way be affected, released, or discharged, but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.

   (C)   When any ordinance repealing a former ordinance, clause, or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided.

   (A)   If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.

   (B)   Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of such chapter or section. In addition to such indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.

   (A)   As histories for the code sections, the specific number and passage date of the original ordinance, and the most recent three amending ordinances, if any, are listed following the text of the code section. Example:  (Ord. 10, passed 5-13-60; Am. Ord. 15, passed 1-1-70; Am. Ord. 20, passed 1-1-80; Am. Ord. 25, passed 1-1-85)

   (B)   (1)   If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute.

Example:  (I.C. § 36-5-2-2) (Ord. 10, passed 1-17-80; Am. Ord. 20, passed 1-1-85).

      (2)   If a statutory cite is set forth as a “statutory reference” following the text of the section, this indicates that the reader should refer to that statute for further information.

   Any person, firm, or corporation who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be subject to a fine not exceeding $2,500. A separate offense shall be deemed committed upon each day during which a violation occurs or continues.

(I.C. 36-1-3-8(10))

   Chapter

Section

   The provisions of I.C. § 36-5 are hereby included by reference and made a part hereof. Any amendments by the Indiana Legislature to I.C. § 36-5 shall constitute amendments hereto, even in the absence of action to so amend this code by the Town Council.

(Ord. passed 3-12-85)

   The Clerk-Treasurer of the Town Council shall, in addition to the duties prescribed by law, make out or cause to be made out the tax duplicate for each year and properly certify the same, for which service he shall be entitled to an allowance as the Town Council may think just and equitable.

(Ord. passed 3-12-85)

   All claims hereafter presented for allowance shall be verified by affidavit of the person in whose favor the claim is, or some competent person for him.

(Ord. passed 3-12-85)

   The Town Council shall meet regularly on such days and times as established and determined by the Town Council by adoption of a meeting schedule given in accordance with the Indiana Open Door Law, as amended.

(Ord. passed 3-12-85; Am. Ord. II-B-1-a, passed 12-11-86; Am. Ord. II-B-1-a(2), passed 10-8-92; Am. Res. passed 5-8-03; Am. Ord. II-B-1-a(4), passed 6-22-17)

   (A)   The President or any two Councilmembers may call a special meeting when the exigencies of the case may require.

   (B)   No business shall be transacted at any special meeting except that for which it was called and the Clerk of the meeting shall enter upon the record the object for which the meeting was called before recording any of the doings thereof.

(Ord. passed 3-12-85; Am. Res. passed 5-8-03)

   The order of business before the Town Council shall be (after the meeting is called to order by the President):

   (A)   Calling the roll and the Clerk noting those present and absent.

   (B)   Reading proceedings of previous meeting.

   (C)   Old/unfinished business.

   (D)   New business.

   (E)   Miscellaneous.

   (F)   Departmental reports.

   (G)   Any and all other business to properly come before the Council.

   (H)   Adjournment.

(Ord. passed 3-12-85; Am. Res. passed 5-8-03)

   (A)   The Town Council shall select one of its members to act as President and one of its members to act as Vice President for terms of one year. The selection of President and Vice-President shall occur at the first regularly scheduled meeting of the Council in each calendar year. In the event that the President and/or Vice-President are not elected at the first regularly scheduled meeting of the Council in each calendar year, the President and/or Vice-President shall continue to serve until an election is held. Should the President or Vice-President resign or otherwise vacate their office, the Council shall elect a successor among remaining Councilmembers to complete such officer's term of office.

   (B)   The President of the Town Council shall preside at all meetings of the Town Council and perform such other duties consistent with the office as may be imposed by the Council. The Council Vice-President shall preside and fulfill those duties normally performed by the President of the Town Council in his or her absence.

(Ord. passed 3-12-85; Am. Res. passed 5-8-03)

   A majority of the Town Council shall constitute a quorum for the transaction of such business as may come before them.

(Ord. passed 3-12-85; Am. Res. passed 5-8-03)

   Upon all questions before the Town Council, a voice vote shall be taken. A secret ballot may not be taken at a meeting. All action shall be decided by a majority of the elected members of a quorum of the Town Council present. In the event of a tie, the Town Clerk-Treasurer shall act as ex officio member for the purpose of casting a deciding vote.

(Ord. passed 3-12-85; Am. Res. passed 5-8-03)

   All ordinances, by-laws and resolutions made by the Town Council shall be in force from and after their adoption pursuant to I.C. § 36-5-2-10, or other specially applicable statute.

(Ord. passed 3-12-85; Am. Res. passed 5-8-03)

   The Town Council may repeal, alter or amend any of its by-laws when two-thirds of the Town Council shall agree thereto at any regular meeting of the Town Council.

(Ord. passed 3-12-85)

   Every member of the Town Council who is not present at the meetings of the Town Council from and after this date at the calling of the roll shall be fined in the sum of $1, unless a reasonable excuse be offered to and accepted by the Town Council.

(Ord. passed 3-12-85)

   A Code of By-laws of the Town Council of the Town of Shipshewana is hereby adopted and incorporated into this Code of Ordinances as if set out fully herein.

(Res. II-B-1-a(3), passed 5-8-03)

   Each Councilmember shall serve a term of four years, commencing at noon January 1 following the member's election and continuing until the member's successor is elected and qualified.

(Ord. II-F-4-a(1), passed 8-9-84; Am. Res. passed 5-8-03)

   The town shall be divided into districts, as follows:

   (A)   District #1. Beginning at the center of State Road 5 and North Street, thence south to the center of Indiana Street, thence west to the center of State Street, thence north to the center of Middlebury Street, thence west to the corporate limits, thence north and east along the corporate limits, thence east and south along the corporate limits, thence west and south along the corporate limits to the point of beginning.

   (B)   District #2. Beginning at the center of State Road 5 and North Street, thence east to the corporate limits, thence south to the center of Middlebury Street, thence west to the center of Morton Street, thence south to the center of Davis Street, thence west to the center of State Road 5, thence south to the center of E. Farver Street, thence east to the corporate limits, thence south to the corporate limits, thence west to the corporate limits, thence north along the western corporate limits to the center of Middlebury Street, thence east to the center of State Street, thence south to the center of Indiana Street, thence east to the center of State Road 5, thence north to the point of beginning.

   (C)   District #3. Beginning at the center of Morton and Middlebury Street, thence east along Middlebury Street (and W 250 N) to the center of N 735 W, thence south along N 735 W to the center of W 200 N, thence west along W 200 N ( and E. Farver Street) to State Road 5, thence north to the center of Davis Street, thence east to the center of Morton Street, thence north to the point of beginning.

   (D)   At Large. In addition to the above described districts, there shall be two "At Large" districts in the town. The Council members elected to the "At Large" positions shall be elected by the citizens of the town without regard to districts, precincts, or any other artificial boundaries excepting the corporate limits of the town.

(Ord. II-F-4-b(3), passed 9-12-02)

Section

   (A)   Authority of Town Clerk-Treasurer to pay recurring monthly bills.

      (1)   The Town-Clerk Treasurer is hereby authorized and directed to disburse town monies from the appropriate funds to pay routine recurrent bills for goods and services, including, but not limited to electric bills, refuse disposal bills, gas bills, and the like.

      (2)   The Town Clerk-Treasurer is further directed to submit for the Town Council's approval at the next regularly scheduled or special Town Council meeting any and all actions performed under this section.

      (3)   This section shall not in any way be construed to authorize the Town Clerk-Treasurer to expend town monies for any costs incurred by the town for goods and services which are billed less frequently than monthly, nor for any other costs for goods or services which require specific and affirmative action by the Town Council for payment.

(Ord. II-F-1-a(1), passed 8-9-84)

   (B)   Authority of Town Clerk-Treasurer to pay invoices.

      (1)   The Town Clerk-Treasurer is hereby authorized and directed to disburse town monies from the appropriate funds to pay for necessary and helpful office supplies obtained from suppliers who require payment at the time and point of purchase. Any proposed expenditure greater than $100 total purchases from any one supplier requires the advance approval of the Town Council.

      (2)   The Town Clerk-Treasurer is further directed to submit for the Town Council's approval at the next regularly scheduled meeting a report on any and all action is performed under the auspices of this section.

(Ord. II-F-1-a(4), passed 3-12-92)

   (A)   The Town Council hereby appoints the Town Manager as the Town ADA Coordinator. The Coordinator shall coordinate compliance with the non-discrimination requirements contained in § 35.107 of the Department of Justice regulations (28 CFR § 35.107).

      The town does not discriminate because of disability in the admission to, or treatment or employment in, its programs or activities. The Town Manager has been designated to coordinate compliance with nondiscrimination requirements contained in § 35.107 of the Department of Justice regulations (28 CFR § 35.107). Information concerning the provisions of the Americans with Disabilities Act and the rights provided under the Act are available from the Town Manager. Suggestions on how the town can better meet the needs of those persons with disabilities may be submitted to the Town Manager.

(Ord. IV-G-1, passed 1-12-95)

   (A)   The Town Council may employ a Town Manager to be the administrative head of the town.  The Town Council shall fix his compensation, benefits, and terms of employment, provided only that the duration of his employment shall be at the will and pleasure of the Council.

   (B)   The Town Manager shall be the administrative head of the town government.  He shall be employed solely with regard to merit and on the basis of his executive and administrative qualifications.  No member of the Town Council shall, during the time for which he has been elected. be employed as a Town Manager.

   (C)   The Town Manager need not be a resident of the town at the time of his appointment, but he may reside outside of the town while in office only with the approval of the Town Council.

(Ord. II-F-2-b(14), passed 9-25-97)

   The Town Manager, under the direction of the Town Council, shall be responsible to the Town Council for the administrative duties of the town which the Town Council has the authority to control.  Unless a written order or ordinance of the Town Council provides otherwise, the Town Manager:

   (A)   Shall attend the meetings of the Town Council and recommend such actions as he considers advisable;

   (B)   Shall hire all town employees to fill positions authorized by the Town Council in accordance with pay schedule standards and qualifications as are fixed by the Town Council or applicable law;

   (C)   Shall suspend, discharge, remove, or transfer any such town employee if necessary for the welfare of the town, except that the Town Manager shall not serve as a member of any body that hears disciplinary charges against the Town Marshall or a member of the Town Police Department;

   (D)   May delegate any of his powers to an employee responsible to him;

   (E)   Shall administer, except where in conflict with the Police Department or areas reserved to the Town Attorney, the execution and enforcement of all resolutions, orders, and ordinances of the Town Council, and see that all laws of the state required to be enforced through the Town Council or other town officials subject to the control of the Town Council are faithfully executed;

   (F)   Shall prepare and submit to the Town Council budget estimates as required and coordinate with other departments of the town, including the Police Department, Fire Department, and Park Board, the budget estimates as required from time to time.

   (G)   Subject to applicable state laws concerning appropriations, public notices, and competitive bidding, shall be authorized to execute contracts on behalf of the town for materials, supplies, services, or improvements without prior Town Council approval, provided the total costs of said materials, supplies, services or improvements under the contract are $500 or less.  The Town Manager shall seek approval of the Town Council prior to executing contracts on behalf of the town for materials, supplies, services or improvements with a total contract cost in excess of $500.  This section shall not grant the Town Manager the authority to issue or execute bonds, notes or warrants of the town.

   (H)   Shall formulate and recommend overall policies regarding areas under his administration;

   (I)   May receive service of summons on behalf of the town in all actions against the town;

   (J)   Shall perform such other legally permissible and appropriate duties and functions as are required by the town, state and federal laws or as shall be lawfully assigned to him by the Town Council and as set forth in the job description attached to Ordinance II-F-2-b(14) as Exhibit A (or as amended by the Town Council).

(Ord. II-F-2-b(14), passed 9-25-97; Am. Ord. II-F-2-B(15), passed 2-12-98)

   The Town Manager shall devote his full time to his employment.  He shall not undertake any activity which would be in conflict with his employment or inimical to the best interests of the town.  During the term of his employment, he shall not engage in any other business activity, whether or not such business activity is pursued for gain, profit, or other pecuniary advantage, without the express written approval of the Town Council.

(Ord. II-F-2-b(14), passed 9-25-97)

   The employment of the Town Manager may be terminated without cause as so employed at the will and pleasure of the Town Council.

(Ord. II-F-2-b(14), passed 9-25-97)

   In the manner prescribed by IC § 5-4-1, the Town Manager shall execute a bond in favor of the town for the faithful and lawful performance of his duties, in such sum as may be fixed from time to time by the Town Council, and if none is so fixed, then in the amount of $15,000.  The cost of such bond shall be paid by the town.

(Ord. II-F-2-b(14), passed 9-25-97)

   During the temporary absence or disability of the Town Manager, the Town Council may designate some qualified person to perform the duties of the office.  At any time during said absence or disability, the Town Council may revoke such designation and appoint some other qualified person to perform said duties.

(Ord. II-F-2-b(14), passed 9-25-97)

   Nothing in §§ 31.10 through 31.16 is intended to provide greater authority or power to a Town Manager than that which is now authorized by state law.  Nothing herein shall amend any applicable laws requiring the Town Council to authorize the issuance of bonds or warrants of the town, and requiring execution thereof by the officers of the town.

(Ord. II-F-2-b(14), passed 9-25-97)

   (A)   Principal Executive Officer of the town as referred to in I.C. § 10-14-3-29(a) for purposes of declaring a local disaster emergency, and as referred to hereinafter, means the regularly designated President of the of the Town Council, except if he or she is unavailable or incapacitated, then the regularly designated Vice-President of the Town Council shall serve as the Principal Executive Officer. If both the President and the Vice-President are unavailable or incapacitated, the office of Principal Executive Officer may be filled by a remaining Town Council member by the majority vote among the remaining Town Council members. If the President, Vice-President, and Town Council member receiving the first majority vote are unavailable or incapacitated, the office of Principal Executive Officer may be filled by a remaining Town Council member by the majority vote among the two remaining Town Council members and the Town Clerk-Treasurer. If the President, the Vice-President, the Town Council member receiving the first majority vote, and the Town Council member receiving the second majority vote are unavailable or incapacitated, the remaining Town Council member shall be considered the Principal Executive Officer. In the absence or incapacity of all Town Council members, the office of Principal Executive Officer shall devolve first upon the Town Clerk-Treasurer, and, second, upon the Town Marshal.

   (B)   The Principal Executive Officer of the town selected by the above procedure, if not a member of the Town Council, shall exercise all powers and fulfill all duties of the Principal Executive Officer under I.C. § 10-14-3 et seq. until such time as a Town Council member shall no longer be unavailable or incapacitated, at which time the Town Council member holding the highest office and which is not unavailable or incapacitated, shall assume all the powers and duties as the Principal Executive Officer. The Principal Executive Officer of the town selected by the above procedure, if a member of the Town Council, shall exercise all powers and fulfill all duties of the Principal Executive Officer under I.C. § 10-14-3-29 et seq. until such time as the regularly designated President of the Town Council shall no longer be unavailable or incapacitated, at which time the regularly designated President of the Town Council shall resume all the powers and duties as the Principal Executive Officer.

(Ord. IV-F-3(2)a, passed 6-28-12)

Section

   (A)   A Department of Redevelopment is hereby established to be known as the “Town Redevelopment Commission.”

   (B)   The Town Redevelopment Commission shall operate with all the powers, obligations and privileges authorized under I.C. § 36-7-14-1 et seq. as the same is presently in force and effect, or as it may be amended.

   (C)   The town hereby accepts all the obligations and responsibilities set forth according to the statute.

   (D)   The  Town Redevelopment Commission shall annually report at the first regularly-scheduled meeting in January of each year to the Town Council.

(Ord. II-C-4-a(1), passed 7-8-93)

   (A)   A Redevelopment Authority is hereby established in the Town of Shipshewana, Indiana, to be known as the "Town of Shipshewana Redevelopment Authority" and shall be controlled by a Board of three members to be known as the "Town of Shipshewana Redevelopment Authority Board."

   (B)   The Town of Shipshewana Redevelopment Authority shall operate with all the powers, obligations and privileges authorized under I.C. § 36-7-14.5 as the same is presently in force and effect, or as it may be amended from time to time.

   (C)   The Town Council shall appoint three members to the Town of Shipshewana Redevelopment Authority Board, and each member shall take and subscribe an oath of office, as required by I.C. § 36-7-14.5. The members appointed to the Town of Shipshewana Redevelopment Authority Board shall be selected by the Town Council, shall be residents of the town and shall be entitled to serve a three-year term, all as required by I.C. § 36-7-14.5.

(Ord. II-C-5-4(1), passed 10-24-04)

   (A)   The Council hereby establishes within the town a department to be known and designated as the Shipshewana Volunteer Fire Department. The Volunteer Fire Department shall have the meaning set forth in I.C. § 36-8-12-2.

   (B)   There is hereby established by-laws for the Shipshewana Volunteer Fire Department to be known and designated as the Shipshewana Volunteer Fire Department By-Laws, attached to the ordinance codified herein as Exhibit A and incorporated herein by reference. The by-laws shall govern the duties and functions of the Shipshewana Volunteer Fire Department.

(Ord. IV-H-1, passed 1-28-10)

Section

   The standard operating procedures for the town are hereby adopted. Due to the number and physical size of such standard operating procedures they are not attached hereto, but are incorporated by reference as though set forth fully herein. The Clerk-Treasurer shall keep and maintain two true, complete, and legible copies of such standard operating procedures at the office of the Clerk-Treasurer, and shall be open to public inspection during office hours.

(Ord. II-F-2-a(3), passed 4-27-89)

   The Town Marshal, Deputy Town Marshals, and the Police Reserves shall review the standard operating procedures and shall conform their conduct thereto, without exception, in routine and emergency matters.

(Ord. II-F-2-a(3), passed 4-27-89)

   The Town Council of the town may, from time to time and as such Town Council deems necessary, alter, change, amend, modify, or repeal any or all of such standard operating procedures by Town Council action, and no provision contained therein shall be deemed, construed, or interpreted to create in any person, organization, partnership, firm, or corporation any property right or legal interest of any nature whatsoever.

(Ord. II-F-2-a(3), passed 4-27-89)

   The office of Town Marshal in and for the town is hereby established. The Town Marshal shall be appointed by, and serve at the pleasure of, the Town Council, which shall also fix the compensation of the Town Marshal in the same manner and through the same procedures as all other town employees.

(Ord. II-F-2-a(2), passed 9-24-87)

   The Town Marshal shall generally enforce the laws of the town, the county, the state, and the United States of America. In all respects, the Town Marshal shall have all the powers, duties, liabilities and responsibilities granted and imposed by the laws of the state, including, but not limited to, I.C. § 36-5-7, as amended.

(Ord. II-F-2-a(2), passed 9-24-87)

   (A)   The Town Marshal may appoint Deputy Town Marshals in emergency situations, which Deputy Town Marshals shall serve only for the duration of the emergency. Deputy Town Marshals appointed for emergencies shall be compensated at the same rate as other Deputy Town Marshals appointed under division (B) of this section, but only for actual time spent in service to the town. Due to the emergency nature of such situations, Deputy Town Marshals appointed under this division shall serve without bond.  (Ord. II-F-2-a(2), passed 9-24-87)

   (B)   In all other situations except those encompassed by division (A) of this section, the Town Council shall appoint Deputy Town Marshals, fix the amount of their bonds, determine their compensation, and ascertain their term of service.  (Ord. II-F-2-a(2), passed 9-24-87)

   (C)   Except in the case of an emergency situation, the Town Council hereby fixes the number of Deputy Marshals at no more than two. (Ord. II-F-2-a(7), passed 9-9-99)

   There is hereby established an “Accident Report Account,” into which shall be deposited any and all monies collected as a fee for copies of accident reports kept and maintained by the Town Marshal.

   (A)   When investigating any and all accidents occurring within the town, the Town Marshal shall prepare and maintain written reports of his investigations, and further shall provide copies of the reports upon request.

   (B)   The Town Marshal shall provide copies of accident reports only upon written authorization signed by any person who has sustained any loss or damage by reason of the accident, or his duly authorized agent or attorney.

   (C)   The Town Marshal shall charge a fee of $1.50 per page for copies, and shall issue a receipt for each fee collected.

   (D)   At least semi-monthly, the Town Marshal shall remit all monies collected for accident report copies to the Clerk-Treasurer. The Clerk-Treasurer shall credit the accident report account appropriately, and deposit the monies into the town's general bank account.

   (E)   The funds collected in the accident report account may be expended for any purpose reasonably related to law enforcement in the town. Any expenditures must receive prior authorization by the Town Council, and shall be paid without appropriation on the basis of a claim filed.

(Ord. II-F-2-a(2), passed 9-24-87)

   The Town Marshal shall report upon his actions and activities in enforcing the law at the times and places as directed by the Town Council.

(Ord. II-F-2-a(2), passed 9-24-87)

   (A)   Pursuant to I.C. § 36-8-3-20, the town specifically creates the Department of Police Reserves.

   (B)   The number of Police Reserves to be appointed by the town shall be four, though it is specifically contemplated that such number may be increased or decreased by subsequent action of the Town Council.

   (C)   Appointment as a Police Reserve for the town shall be made by the Town Council pursuant to such reasonable and appropriate standards as the Town Council may, from time to time, hereafter establish and implement.

(Ord. II-F-2-a(4), passed 4-27-89)

   (A)   The Reserve Officers so appointed shall not be deemed members of the regular police department or Marshal's office for the town; however, Police Reserves so appointed shall have the same police powers of the regular Town Marshal Officers, except as limited by the rules of the Town Police Department and the Town Marshal as now existing or hereafter amended or adopted.

   (B)   The Reserve Officers appointed pursuant to this subchapter shall be deemed “SPECIAL OFFICERS” of the town consistent with I.C. § 5-2-1-2, and shall be exempt from the formal training and schooling requirements of “LAW ENFORCEMENT OFFICERS” as contemplated by I.C. § 5-2-1-2, unless directed otherwise by the Town Council.

(Ord. II-F-2-a(4), passed 4-27-89)

   Reserve Officers for the town shall have an allowance not to exceed $500 per year as may be granted by the Town Council as reimbursement for purchases, repairs, replacement or updating of equipment and uniforms.

(Ord. II-F-2-a(4), passed 4-27-89; Am. Ord. II-F-2-a(6), passed 9-10-98)

   Reserve Police Officers appointed by the Town Council pursuant to this subchapter shall be governed by the Rules and Regulations of the Reserve Deputy Marshal's Department of the town, dated April 27, 1989, as hereafter amended, and by such other rules and regulations as the Town Marshal or Town Council shall from time to time establish.

(Ord. II-F-2-a(5), passed 7-12-90)

   The purpose of this program is to establish rules and regulations for the organization and operation of a Reserve Deputy Marshal Force to assist the Marshal in performing his daily duties and increase the amount of patrol time in the town.

   (A)   Authority and subscription.  Pursuant to authority granted to the Marshal and this Town Council by law, the following rules and regulations are hereby established for the operation of the Marshal's Reserve Police Department. No member shall be considered active until he has read same and agrees to abide by them.

   (B)   Code of ethics.  The following general rules of conduct are hereby established for members of the Department. All members of the Department shall:

      (1)   Regard themselves as members of an important and honorable profession and conduct themselves accordingly.

      (2)   Be mindful that they are servants of the public.

      (3)   Regard their office as a public trust and serve the public courteously, efficiently, and effectively at all times.

      (4)   Recognize the limits of their authority and at no time use the power of their office for personal advantage.

      (5)   Not solicit or accept any gratuity of any kind or nature that might limit their effectiveness as law enforcement officers.

      (6)   Cooperate with all other agencies of the executive, legislative and judicial branches of the government for the public welfare.

      (7)   Be exemplary in their conduct, both public and private, and obedient to all laws of the city, county, state and country.

      (8)   Be loyal and courteous to all superior officers who determine their courses of action and take responsibility for same.

      (9)   Add to their effectiveness as police officers by continual study and inquiry for self- improvement.

      (10)   Enforce the law and discharge all of their duties without favor or prejudice.

   (C)   Organization.  The Department shall be organized to most effectively conduct its business and may be reorganized from time to time by the Marshal with the approval of the Town Council whenever necessary for that purpose. The Department shall be organized as follows:

      (1)   Town Council.

      (2)   Police Commissioner.

      (3)   Town Marshal.

      (4)   Reserve Officers.

   (D)   Requirements powers, and duties of rank and grade.

      (1)   The Marshal appointed by the Town Council is, by law, the head of the Department and is responsible for the administration and all operations of the Department. All rules and regulations are authorized by him as well as future general and special orders when necessary.

      (2)   Regular Reserve Officers are officers appointed to the office by the Town Marshal, with approval of the Town Council. They shall perform all duties within reason that may be assigned to them by superior officer. The officer will have full police powers as per law for a Town Marshal in the state. They will be under the orders of the Town Marshal as to work hours, and the Town Marshal shall be their commanding officer, for purpose of organization of the Department.

   (E)   Line of command.  The normal line of command shall extend from top to bottom as set out on the table of organization and all contacts for whatever purpose shall follow same upwards and downwards whenever possible and practical except in emergencies, where no superior officer is present. The member with the longest amount of service shall be in command and responsible for actions of the group, unless the Marshal is at the scene and in charge.

   (F)   Basic skills to be acquired.  All officers appointed shall acquire, on their own initiative, within one year after their appointment, the following skills peculiar to the Marshal's office unless good cause can be shown for not doing so.

      (1)   Maintenance and wearing of proper uniform.

      (2)   Filing of all reports of the Department and be able to remove and properly replace all reports.

      (3)   Proper operation of Department field camera so as to take good pictures.

      (4)   Proper handcuffing and transporting of prisoners.

      (5)   Reports, when and for what required, and proper typing of same.

      (6)   Traffic direction as per military standards.

      (7)   Investigation of traffic accidents and reporting of same.

      (8)   Proper safe operation and maintenance of Department vehicles.

      (9)   Proper taking of original complaint in criminal offenses.

      (10)   Evaluation of such complaints and decision as to course of action.

      (11)   Protection of crime scene and preservation of evidence for investigators.

      (12)   Interviewing witnesses and suspects.

      (13)   Marking, tagging, and storing of evidence.

      (14)   Interrogation of suspects.

      (15)   Taking written statements from accused and witnesses.

      (16)   Preparation of evidence summary.

      (17)   Securing the indictment or charge by affidavit.

      (18)   Knowledge of the mechanics of arraignments.

      (19)   Knowledge of the procedures in court trials.

      (20)   Testifying in court.

      (21)   Surveillance and stakeout procedures.

      (22)   Proper methods of serving all papers directed to the Marshal.

      (23)   Knowledge of the law of arrest.

      (24)   Knowledge of the law regarding searches and seizures.

      (25)   Knowledge of the rights of prisoners.

      (26)   Knowledge of the rights of police regarding prisoners.

      (27)   Knowledge of the proper handling of juveniles.

      (28)   Proper arrest and disposition of mental patients.

      (29)   Knowledge of essential elements in common traffic laws.

      (30)   Knowledge of essential elements of common criminal laws.

      (31)   Proper methods of searching prisoners.

      (32)   Receipt and disbursement of severe weather information.

      (33)   Knowledge of county, city, state and federal officials that work the area and their powers and duties. Cooperation with them.

      (34)   Handling of special details.

      (35)   Knowledge of law pertaining to their right to stop motor vehicles.

      (36)   Knowledge of law pertaining to impounding of vehicles.

      (37)   Knowledge of law providing for the disposition of impounded and abandoned cars.

      (38)   Detainment without arrest methods.

      (39   Knowledge as to when firearms and other deadly force may be used against others.

      (40)   Rights of citizens in the United States Constitution, bill of rights.

      (41)   Mechanics to obtain arrest and search warrants.

      (42)   Knowledge of Department rules and regulations.

      (43)   How and where to find traffic and criminal laws and how to read them.

   (G)   Disciplinary measures.

      (1)   Oral reprimands may be given to any member of this Department by the superior officers at any time for correctional purposes and in each case the action shall be reported to the Marshal.

      (2)   Written reprimands, a more serious correctional measure, may be given any member of the Department by the Marshal for any infraction of the Department rules and regulations or for repeated procedural mistakes after oral reprimands.

      (3)   Temporary suspension or discharge.

      (4)   The terms MISCONDUCT and CAUSE TO TEMPORARILY SUSPEND, DEMOTE OR DISCHARGE shall include, but not be limited to, the following:

         (a)   Any act of malfeasance.

         (b)   Nonfeasance.

         (c)   Any demonstration of incompetence.

         (d)   Any act of misconduct.

         (e)   Conduct unbecoming an officer while on or off duty.

         (f)   Any act detrimental to the welfare of the Department or public.

         (g)   Violation of any existing laws.

         (h)   Neglect of duty.

         (i)   Violation of any rule or regulation of the Department.

         (j)   Failure to obey promptly any lawful order of a superior officer.

         (k)   Failure to cooperate with fellow officers or officers of any Department.

         (l)   Soliciting of gratuities.

         (m)   Refusal to take lie detector test as may be ordered by the Town Council.

         (n)   Failure to improve his effectiveness by continual study and inquiry.

         (o)   Failure to conduct his public and private life so as to be a good example of fidelity, stability and morality.

         (p)   Drinking to excess while off duty in public.

         (q)   Drinking alcoholic beverages while in uniform.

         (r)   Drinking alcoholic beverages while on duty.

         (s)   Appearing for duty or working while under the influence of any intoxicating beverage or with alcoholic breath odor.

         (t)   Knowingly making any false statement in any required oral or written report.

         (u)   Repeated failure to turn in required reports on time.

         (v)   Removing, without proper authorization, any Department reports.

         (w)   Attempting to intimidate any witness or attempting to influence the testimony of any witness for any reason.

         (x)   Incompatibility or inability to get along with other members of the Department.

         (y)   Discussing Department business with, or in hearing of, persons outside the Department without the Marshal's approval.

         (z)   Repeated appearance in uniform not up to standards.

         (aa)   Outside employment or pursuits that interfere with adequate performance on the job or any duty assigned.

         (bb)   Any act of cowardice.

         (cc)   Any misuse of Department equipment.

         (dd)   Failure to use any firearm without proper safety techniques.

   (H)   General orders and special orders.  General orders shall be issued from time to time by the Marshal. These should be filed and copies given to each member of the Department. General orders shall consist of instructions for course of action to be taken or restrictions of a general long term nature. Special orders shall also be issued by the Marshal from time to time and shall likewise be filed and distributed to each member of the Department. Such special orders shall consist of courses of action and of restrictions concerning a single even or matter of temporary significance.

   (I)   Membership in outside organizations. All members of the Department are prohibited from membership in or affiliation with any organization association or group that:

      (1)   The provisions of whose charter, constitution, by-laws, practices, customs or aims exact prior allegiance or consideration which might prevent them from performing their whole duty as members of the Department.

      (2)   Might interfere in any manner with the operation of the Department.

      (3)   Might interfere in any manner with the disciplining of any member of the Department or himself.

      (4)   Violates any city, county, state or federal laws, including the United States Constitutional rights.

   (J)   Reserve Deputy Marshals.

      (1)   Reserve Deputy Marshals shall attend a reserve school. Reserves shall purchase their own uniforms, firearms and other equipment needed to fulfill the position as Reserve Deputy Marshal, with the exception of patches, badges and ammunition.

      (2)   Appointment of all Reserve Deputy Marshals shall be as follows:  any person wishing to become a Reserve Deputy Marshal must complete an application and authorize a background check, to be completed by the Marshal. Once the background check is completed, all information should be presented to the Town Council for approval. The following requirements must be met:

         (a)   Applicant must be at least 21 years of age.

         (b)   Applicant must be in good mental and physical health.

         (c)   Applicant must have a high school diploma or equivalent.

         (d)   Applicant must reside within a certain distance from the town determined by Town Council.

      (3)   Upon approval, the Reserve Deputy Marshal will be classified in one of the three following ranks:

         (a)   Third class Reserve Deputy Marshal.  A third class Reserve Deputy Marshal must complete dispatching technique requirements which include, but are not limited to, proper police terminology, radio procedures, telephone answering procedures and understanding of computer information. During the third class status, the Reserve Deputy Marshal must also qualify through the Department's firearms instructor as a marksman or better. The Reserve Deputy Marshal will remain third class until a written statement is received by the Marshal, from both the Chief Dispatcher of the County Sheriff's Department and the Department's Firearms Instructor, stating the third class Reserve Deputy Marshal has met the above requirements.

         (b)   Second class Reserve Deputy Marshal.  A second class Reserve Deputy Marshal must be with either the Marshal or a first class Reserve Deputy Marshal at all times. During this time, the second class Reserve Deputy Marshal will learn street names, business locations, town ordinances and other information that is required to work alone. The second class Reserve Deputy Marshal will remain second class until the Marshal believes the Reserve Deputy Marshal is capable of working alone. The length of time required to become a first class Reserve Deputy Marshal will depend on the amount of time the Reserve Deputy Marshal volunteers to work and knowledge of duties and laws obtained through this program or from past experience.

      (4)   (a)   Promotion of first class Reserve Deputy Marshals.  Once the Marshal believes the Reserve Deputy Marshal is ready for a promotion to first class, a meeting should be arranged with the Police Commissioner for an evaluation of the second class Reserve Deputy Marshal. The Police Commissioner, the Marshal and the Reserve Deputy Marshal shall be present. The Police Commissioner should decide or have the Town Council decide if the Reserve Deputy Marshal should be promoted to first class.

         (b)   First class Reserve Deputy Marshals.  A first class Reserve Deputy Marshal shall have the same duties and arrest powers as the Marshal, assist and be able to assist the Marshal and other police officers when available. The first class Reserve Deputy Marshal shall be permitted to perform his duties alone and have the authority to train second class Reserve Deputy Marshals.

(Ord. passed 4-27-89)

   Police officers in the Shipshewana Police Department must reside within two miles of the municipal boundaries of the town on or before each officer’s one-year anniversary of the date of hire.

(Ord. II-F-2-b(24), passed 9-25-08)

   Police officers in the Shipshewana Police Department must also have an adequate means of transportation into the town.

(Ord. II-F-2-b(24), passed 9-25-08)

   Police officers in the Shipshewana Police Department must maintain in the member’s residence telephone service with the town.

(Ord. II-F-2-b(24), passed 9-25-08)

Section

   All personnel of the town shall be designated and classified as full-time, part-time or seasonal.

   (A)   Full-time.  Any municipal employee working 32 hours or more per week and for a period of more than 50 weeks continuously will be considered a full-time employee of the town and will receive all benefits listed in this chapter.

   (B)   Part-time.  Any municipal employee working less than 32 hours per week for more than 16 weeks continuously, and employees working 32 hours or more per week for fewer than 50 weeks continuously, but more than 16 weeks continuously, will be considered part-time employees of the town and will receive only those benefits hereafter specified.

   (C)   Seasonal.  Any municipal employee working less than 16 weeks continuously will be considered as a temporary employee of the town and will receive only those benefits hereafter specified.

(Ord. II-F-2-b(12), passed 4-14-94)

   (A)   Except as set forth in division (B) of this section for Police Department employees, the normal work week shall consist of five eight-hour days, 40 hours per week. Reference to a normal work week shall not be construed as a guarantee of any fixed or regular number or regularly recurring number of hours per day or week for any employee. The normal work week may be changed by the town whether such change is to reduce or extend the work week when, in the opinion of the town, it is necessary to promote efficient governmental operations.

   (B)   Full-time Police Department employees shall work 170 hours in a four week period.

   (C)   Any workday shall consist of the 24-hour period beginning at 12:01 a.m. and ending at 12:01 a.m.

      (1)   Breaks.  A break generally not to exceed 15 minutes will be allowed for each employee following four hours of work.

      (2)   Lunch.  A 60 minute non-paid lunch break shall be allowed each municipal employee that works an eight hour shift, with this break scheduled to fall approximately during the middle of each employee's shift. Police Department employees shall be allowed a 30 minute paid lunch during the employee's eight and one-half hour shift. The Police Department employee must remain available for assigned details during his lunch break.

(Ord. II-F-2-b(12), passed 4-14-94; Am. Ord. II-F-2-b(13), passed 5-9-96)

   (A)   Any employee who is to be paid by the hour, or a salaried employee who is legally eligible for overtime, and works 40 hours during a work week will be paid for all overtime for all overtime worked at the rate of one and one-half their regular rate of pay, for work performed after 40 hours during the work week.

   (B)   The Town Manager and Town Marshal are hereby deemed to be exempt employees for F.L.S.A. purposes, and as such, are not eligible for overtime pay.

   (C)   Any utility superintendent or superintendent of building and grounds who is to be paid by the hour, or a salaried utility superintendent or superintendent of building and grounds who is legally eligible for overtime, and works on weekends or holidays regardless of the number of hours worked during the preceding weekdays will be paid as overtime at the rate of one and one-half their regular rate of pay, for work performed on a weekend or holiday. In the event a utility superintendent or superintendent of building and grounds is called in after having left the work site, to work after regular work hours, he or she will be paid a minimum of two hours overtime at the rate of one and one-half his or her regular rate of pay.

   (D)   Overtime shall be worked, when in the opinion of the town, it is necessary. The town reserves the right to withhold overtime work from employees who are absent from work without a justifiable reason.

(Ord. II-F-2-b(12), passed 4-14-94; Am. Ord. II-F-2-b(13), passed 5-9-96; Am. Ord. II-F-2-b(16), passed 10-28-99; Am. Ord. II-F-2-b(17), passed 12-9-99; Am. Ord. II-F-2-b(18), passed 5-11-00; Am. Ord. II-F-2-b(21), passed 5-10-01)

   All earned and accrued overtime shall be paid in cash and there shall be no compensatory time off benefit.

(Ord. II-F-2-b(12), passed 4-14-94; Am. Ord. II-F-2-b(13), passed 5-9-96; Am. Ord. II-F-2-b(17), passed 12-9-99)

   (A)   The wages and salaries to be paid to town officials and employees shall be as set by the Town Council from time to time.

   (B)   The Town Council is hereby authorized to hire, from time to time, part-time or seasonal employees to perform town duties.

   (C)   The number of part-time or seasonal employees, their rate of pay, and the hours and duration of their employment shall be as established by majority vote of the Town Council at the time that such employees are hired.

(Ord. II-F-1-d(2), passed 12-28-95)

   (A)   The Town Council is hereby empowered to grant to town employees bonuses over and above such employees' regular and customary salary or wage. Said bonuses may be granted or withheld, and shall be in amounts as determined, at the sole discretion of the Town Council.

   (B)   When considering the granting of bonuses, the Town Council shall consider all relevant factors including, but not limited to the following:

      (1)   The level of performance attained by the employee;

      (2)   The length of time employed by the town;

      (3)   The position held by the employee;

      (4)   The disciplinary history of the employee with the town;

      (5)   Any other relevant factor.

(Ord. II-F-1-d(146), passed 11-11-93; Am. Ord. II-F-1-d(216), passed 3-1-99)

   The town may from time to time establish and maintain a retirement plan for employees of the town. Employees who are otherwise eligible under the terms of any town retirement plan must successfully and satisfactorily complete a six-month probationary period before becoming eligible to enroll in the town retirement plan. At the conclusion of the probationary period, such new employee may become immediately enrolled in the plan and qualified for the next contribution. When a contribution has been made to the plan by the town on behalf of an employee, such contribution immediately becomes 100% vested in the employee.

(Ord. II-F-2-b(19), passed 7-13-00)

   The town hereby establishes a savings incentive match plan for employees of small employers (the "Simple Plan") pursuant to Internal Revenue Code § 408(p). The Simple Plan shall be as set forth in the Simple Plan documents, including the Internal Revenue Code and its regulations, as they apply to the Simple Plan through its Employee Policy Manual for the town, any handbook, or any other means it deems reasonable.

(Ord. II-F-1-d(236), passed 7-13-00)

   The Town Council of the Town of Shipshewana, Indiana, hereby adopts the Personnel Policy Handbook, attached to the ordinance codified herein, the same as if set out in full herein. All ordinances, resolutions, handbooks, and written policies of the Town Council in conflict therewith are hereby repealed and of no further effect.

(Ord. II-F-2-b(25), passed 12-30-08; Ord. II-F-2-b(31), passed 7-9-15)

   (A)   It shall be the policy of the town to ensure that all full-time non-exempt employees will be paid for those holidays which they have earned at their regular daily hourly rate of pay. These holidays shall be:

      (1)   New Year’s Day;

      (2)   Good Friday (½ day);

      (3)   Memorial Day;

      (4)   Independence Day;

      (5)   Labor Day;

      (6)   Thanksgiving Day (2 days); and

      (7)   Christmas (2 days).

   (B)   If any of these holidays fall on a Saturday, the preceding Friday shall be the observed holiday.

   (C)   If a non-exempt Police Department employee is required to work on a holiday, that holiday shall be taken by the employee within the four week pay period. Any employee absent without Town Council authorization on the last scheduled work day before the holiday and the next scheduled work day following a holiday, will not receive holiday pay.

   (D)   Any non-exempt full-time or part-time employee paid on an hourly basis and required to work or render services on a holiday will be compensated in accordance with the overtime policy stated in § 34.03.

(Ord. II-F-2-b(12), passed 4-14-94; Am. Ord. II-F-2-b(13), passed 5-9-96; Am. Ord. II-F-2-b(17), passed 12-9-99)

   Full-time employees shall receive one week of paid vacation only after reaching their one year anniversary date of employment. Full-time employees shall receive two weeks of paid vacation after being employed for a period of two years following their anniversary date of employment. Full-time employees shall receive three weeks of paid vacation after being employed for a period of ten years following their anniversary date of employment. Full-time employees shall receive four weeks of paid vacation after being employed for a period of 15 years following their anniversary date of employment. All vacation time off must be approved by the employee's supervisor and/or Department Head. Requests for vacation time off must be submitted, in writing, no less than two weeks prior to the vacation period. Vacation time off must be taken in the 12 month period immediately following an eligible employee's anniversary date of employment and shall not accumulate beyond the 12 month period.

(Ord. II-F-2-b(12), passed 4-14-94; Am. Ord. II-F-2-b(16), passed 10-28-99)

   (A)   Each full-time employee shall receive ten days of sick leave following completion of 90 consecutive days of employment, measured from their anniversary date of employment. Unused sick leave days shall not accumulate beyond ten days nor carry over to any succeeding year.

      (1)   Sick leave is to be utilized solely for the purpose of:

         (a)   Illness or injury of employees.

         (b)   Illness or injury within the immediate family needing the assistance of the employee (as certified by a physician).

      (2)   In order to qualify for sick leave pay, the employee must comply with the following conditions:

         (a)   Employee shall notify the Town Council or their Department Head of their absence prior to the start of the work shift.

         (b)   Employee shall keep the Town Council or their Department Head informed of the extent of their illness and anticipated day of return.

         (c)   A doctor's written certification of any illness may be required, and shall be provided, if requested, by the Town Council.

   (B)   The town will pay the difference between an employee's regular compensation and workmen's compensation if injured on the job. This compensation will continue until all accumulated paid leave is exhausted. Please note that employees who are injured or ill or who wish to care for a spouse or parent who is ill or injured or for the birth or adoption of a child, can qualify for an unpaid leave of absence pursuant to the Family and Medical Leave Act of 1993 (29 USC 2601 et seq.). Inquiries about this benefit must be made to the Town Council of the town.

(Ord. II-F-2-b(12), passed 4-14-94; Am. Ord. II-F-2-b(20), passed 2-22-01)

   (A)   Employees may receive up to five consecutive days of leave during the work week, upon the death of a spouse, brother, sister, son, daughter, mother, father, son-in-law, daughter-in-law, brother-in-law, sister-in-law, mother-in-law, father-in-law, or any family member residing in the same household.

   (B)   Employees may receive up to three consecutive days of leave, during the work week, upon the death of a grandparent, aunt, uncle, niece, nephew, or cousin.

   (C)   Sick leave or vacation leave can be utilized, upon the approval of the Town Council, if further time off is necessary following bereavement leave.

(Ord. II-F-2-b(12), passed 4-14-94)

   Employees shall be paid at their regular rate of compensation while serving on any jury; provided, however, that the employee must return any compensation earned for serving on the jury to the town; the employee may retain any compensation for mileage driven to and from the jury duty.

(Ord. II-F-2-b(12), passed 4-14-94)

   (A)   Leave without pay may be granted a full-time employee (only after exhausting the previously mentioned categories of leave) for the following reasons:

      (1)   Maternity leave.

      (2)   Personal leave.

      (3)   Extended sick leave.

      (4)   Extended bereavement leave.

      (5)   Family and Medical Leave Act of 1993 (29 USC 2601 et seq.) purposes.

   (B)   Employees who wish to take leave without pay should make a request, in writing, to the Town Council stating the reason and approximate length of leave.

(Ord. II-F-2-b(12), passed 4-14-94)

   The town reserves the right to take appropriate disciplinary action, including suspension without pay and discharge, when in the opinion of the town, an employee's conduct prompts such disciplinary action. The town shall publish and distribute to employees “Principles of Disciplinary Action” which they shall observe at all times. The town reserves the right to amend, revise or otherwise affect such principles when, in the opinion of the town, it is necessary. Changes shall be distributed to employees prior to their effective date.

   (A)   The principles for discipline are unsatisfactory behavior and poor performance at the workplace, as well as conduct outside the workplace which adversely affects or otherwise causes disruption or embarrassment to the town.

   (B)   When employees are disciplined in a progressive manner, subject to stated exceptions, including conduct resulting in immediate discharge, it is hoped that the offending employee will recognize his/her violation of governing written policies or established work practices. Discipline will be administered consistently and for just cause. The basic progressive disciplinary steps are as follows:

      (1)   Oral reprimand.  Written notation of same placed in employee's file;

      (2)   Written reprimand.  Copy placed in employee's file;

      (3)   Three day layoff or working suspension.  Documented in employee's file; and

      (4)   Discharge.

   (C)   All disciplinary actions must be written with copies received by the supervisor and the employee. The town reserves the right to advance the progressive disciplinary steps, when, in its opinion, the conduct is so reckless, wanton or unacceptable or a criminal act has been committed at the workplace or elsewhere, that immediate discharge is warranted.

   (D)   Progressive disciplinary rules and procedures cannot be rigid thereby depriving individual supervisors of the authority to exercise prudent decision-making as well as evaluating each case of discipline on its own merits. In addition, the offenses listed in § 34.31 are by no means all inclusive. The town reserves the right to take disciplinary action, including discharge, in circumstances not set forth below or where the conduct, in the opinion of the town, is so unacceptable as to warrant immediate discipline.

   (E)   An employee will be discharged whenever he or she has violated four separate or, if applicable, the same offenses, or a combination of the same and separate offenses totaling four, within any rolling calendar month period of employment.

   (F)   Causes for discipline in § 34.31, which are identified with the “<>” symbol, are offenses which may be removed from the employee's disciplinary record if the offense has not been repeated during a five year period.

   (G)   All parties are encouraged to present all the facts and evidence in whatever form so that the decision-maker can make a just and prompt determination.

(Ord. II-F-2-b(12), passed 4-14-94)

 

 

   Employees who will be absent from work, for whatever reason, are required to contact their supervisors at least one hour before the start of their shift to report the absence. Failure to do so, unless it is completely beyond the capacity of the employee, will result in the absence being charged as unexcused.

(Ord. II-F-2-b(12), passed 4-14-94)

   (B)   The Town of Shipshewana encourages the use of these media and associated services because they can make communication more efficient and effective and because they are valuable sources of information about vendors, customers, technology, and new products and services. However, all employees and everyone connected with the town should remember that electronic media and services provided by the town are town property and their purpose is to facilitate and support business. All computer users have the responsibility to use these resources in a professional, ethical and lawful manner.

   (F)   Engaged in for any purpose that is illegal, contrary to Town of Shipshewana policy, or its business interests.

      (1)   The internal investigating authority shall immediately notify the Town Marshal and the Town Attorney’s Office if the complaint contains evidence of criminal activity, such as assault, sexual assault or attempted sexual assault.

   The town is committed to the development and maintenance of a drug and alcohol free work environment and, in accordance with the Federal Drug Free Workplace Act of 1988, will not tolerate the unlawful possession or use of controlled substances while on the job or impairment from alcohol in the workplace. Compliance with the provisions of this policy is a condition of employment.

(Ord. --, passed 9-11-08)

   For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

(Ord. --, passed 9-11-08)

   Town employees are subject to the following.

   (A)   The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance by an employee in all town work locations is prohibited. An employee may possess and use a controlled substance, which is properly prescribed for him or her by a medical practitioner, provided however that abuse of prescription or over-the-counter drugs will also be treated as a substance abuse problem under this policy. 

   (B)   On the job use of or impairment from alcohol by an employee in all town work locations is prohibited.

   (C)   An employee who unlawfully manufactures, distributes, dispenses, possesses or uses controlled substances in the workplace will be subject to disciplinary procedures consistent with applicable laws, rules, regulations, and collective bargaining agreements, including immediate dismissal from the employment with the town.

   (D)   An employee who uses alcohol on the job or is impaired from the use of alcohol in the performance of the job will be subject to disciplinary procedures consistent with applicable laws, rules, regulations and collective bargaining agreements, including immediate dismissal from the employment with the town.

   (E)   Any town employee convicted of a criminal drug or alcohol statute violation occurring in or on property owned or controlled by the town must provide a signed written notification to his or her supervisor of the conviction within five days after the conviction. As required by the Federal Drug Free Workplace Act of 1988, the town will inform any and all federal funding or granting agencies of such convictions within ten days after receiving notification from the employee or otherwise receiving notice of a conviction.

   (F)   The town will make every effort to maintain a drug and alcohol free workplace. This effort may include requiring the town employee to attend drug and alcohol awareness education and/or an employee assistance program.

(Ord. --, passed 9-11-08)

   Questions about this policy should be referred to the Town Manager or Town Clerk-Treasurer.

(Ord. --, passed 9-11-08)

   (A)   The town hereby adopts the terms and conditions of I.C. 36-1-20.2 et seq., as amended, setting forth the requirements for the employment of relatives by the town in a direct line of supervision, as said terms are defined in I.C. 36-1-20.2 et seq., as amended, and any other applicable requirements for the town as set forth in I.C. 36-1-20.2 et seq., as amended, which shall be known as the town of Shipshewana Nepotism Policy. This Nepotism Policy shall be effective as of July 1, 2012 and shall be in addition to and supplement any current Nepotism Policy in force for the town that does not conflict with I.C. 36-1-20.2 et seq., as amended.

   (B)   The town hereby adopts the terms and conditions of I.C. 36-1-21 et seq., as amended, setting forth the requirements for the town to enter into or renew a contract with an individual who is a relative of an elected official of the town or a business entity that is wholly or partially owned by a relative of an elected official, as said terms are defined in I.C. 36-1-21 et seq., as amended, and any other applicable requirements for the town as set forth in the I.C. 36-1-21 et seq., as amended. This Conflict of Interest Policy shall be effective as of July 1, 2012 and shall be in addition to and supplement any current Conflict of Interest Policy in force for the town that does not conflict with the I.C. 36-1-21 et seq., as amended.

   (C)   The Town Clerk-Treasurer is authorized and instructed to disburse the policies herein to all town employees and officials.

(Ord. II-F-2-b(29), passed 6-14-12)

Section

   (A)   It is the policy of the town to reimburse officials, employees and agents of the town for actual out-of-pocket expenses incurred while conducting town business.

   (B)   The rate for town officials, employees and agents for reimbursement for mileage in the performance of their official duties shall be equal to the sum per mile paid to state officials and employees as amended from time to time.  All other reimbursements shall be for the actual out-of-pocket costs.

   (C)   Requests by officials, employees, and agents of the town shall be supported by proper receipts and a fully executed claim form. Requests for reimbursement must be made within 60 days of the date such expenses were incurred.

   (D)   Requests by officials, employees, and agents of the town for reimbursement must be approved by a majority vote of the Town Council. In the event that the official, employee, or agent requesting reimbursement is a Councilmember, a unanimous vote of the  remaining Councilmembers shall be required for reimbursement.

   (E)   Reimbursements, properly verified and approved, shall be paid by the Clerk-Treasurer from the fund or funds appropriate to the town business for which the out-of-pocket expenses were incurred. The Clerk-Treasurer shall, at all times, observe and comply with the rules and regulations promulgated by the State Board of Accounts as same may be amended from time to time.

(Ord. II-F-2-b(5), passed 1-28-88; Am. Ord. II-F-2-b(13), passed 8-14-97)

   (A)   Private citizens and local businesses who damage or destroy property owned, completely or partially, by the town, shall bear all costs associated therewith. Such costs shall include, but not be limited to, the payment of all charges for materials (at the actual cost thereof to the town), labor, and equipment supplied by the town.

   (B)   The charges for labor supplied by the town shall be calculated at the rate of $26.00 per man hour for labor supplied between the hours of 7:00 a.m. and 4:00 p.m. Monday through Friday, and at the rate of $39.00 per man hour for labor supplied at any other time. The charges for equipment supplied by the town shall be calculated at the rate of $75.00 per hour for each piece of equipment used. Labor and equipment charges shall be billed separately.

(Ord. II-F-2-b(8), passed 9-12-91; Am. Ord. II-F-2-b(11), passed 2-25-93: Am. Ord. II-F-b(31), passed 4-14-16)

   The following procedure is hereby adopted by the Town Council for designation of areas as economic revitalization areas:

   (A)   A person who desires designation of an area as an economic revitalization area, as defined by I.C. § 6-1.1-12.1-1, shall file an application at the office,of the Town Clerk-Treasurer, and pay a filing fee of $25 provided, however, that no filing fee shall be required for an owner-occupied, single family project.

   (B)   The application shall be on a form provided by the Town Clerk-Treasurer. The form shall require the applicant to provide, among other things, either:

      (1)   Maps and plats that identify the proposed economic revitalization area; or

      (2)   A simplified description of the boundaries of the proposed economic revitalization area describing its location in relation to public ways, streams, or otherwise.

   (C)   On receipt of such application, the Town Clerk-Treasurer shall:

      (1)   Note the date of filing on the application and record the date in the records in the town;

      (2)   Forward the petition to the Town Attorney with a request for the preparation of a declaratory resolution for the consideration by the Town Council, designating the area described in the petition as an economic revitalization area.

   (D)   The Town Attorney shall prepare a declaratory resolution and forward the application and the resolution to the Town Clerk-Treasurer, and shall include the same in the new business portion of the agenda of the Town Council meeting at its next regular meeting.

   (E)   The Town Clerk-Treasurer shall establish and apply to such application and resolution, a system of numbering corresponding to that adopted by the town.

   (F)   Upon introduction of the declaratory resolution, the same shall be eligible for passage on the same date as introduced, subject to the following procedure:

      (1)   Upon adoption of the resolution, the resolution shall be filed with the County Assessor;

      (2)   The Town Clerk-Treasurer shall publish notice in accordance with I.C. § 5-3-1 of the adoption and substance of the resolution and setting the resolution for public hearing;

      (3)   The Town Council shall hold a public hearing after due notice of publication, and after the public hearing provided for herein, the Town Council shall take final action on such declaratory resolution by either confirming, modifying and confirming, or rescinding the resolution.

(Ord. II-F-1-c(1), passed 7-12-84)

   (A)   The Town Council hereby designates the Town Council as the Purchasing Agency for the town, with all of the powers and duties authorized under IC § 5-22 et seq.  The Town Council, as the purchasing agency of the town, hereby appoints five members of the Town Council, by majority rule, as the purchasing agents for the Town Council pursuant to IC § 5-22 et seq.  Said purchasing agents shall govern themselves in accordance with the provisions of IC § 5-22 et seq.

   (B)   Supplies manufactured in the United States shall be specified for all purchases and shall be purchased, unless the Town Council determines:

      (1)   The supplies are not manufactured in the United States in reasonably available quantities;

      (2)   The price of the supplies manufactured in the United States exceeds, by an unreasonable amount, the price of available and comparable supplies manufactured elsewhere;

      (3)   The quality of the supplies manufactured in the United States is substantially less than the quality of comparably priced available supplies manufactured elsewhere; or

      (4)   The purchase of supplies manufactured in the United States is not in the public’s interest.

(Res. II-F-1-a(6), passed 6-25-98)

   (A)   This section is enacted in accordance with the provisions of I.C. §§ 5-14-3-1 et seq. as they relate to access to public records of a public agency within the limits of the town.

   (B)   Words and phrases when used in this section shall have the same meanings as statutorily defined under I.C. § 5-14-3-2.

   (C)   Any person may inspect and copy the public records of any public agency during the regular business hours of the agency, except as provided by state statute.

   (D)   (1)   A request for inspection or copying must be in writing and identify with reasonable particularity the record being requested. No request may be denied because the person making the request refuses to state the purpose of the request, unless such condition is required by statute.

      (2)   The public agency shall allow the person to inspect, manually transcribe or make notes, abstracts, or memoranda of the public record. In the case of tape recording or other oral public records, the person shall be allowed to listen and manually transcribe or make notes, abstracts or memoranda from them.

      (3)   The public agency shall allow the person to copy, which includes to transcribe by handwriting, photocopy, xerography, duplicating or reproducing by any other means, the public record. The public agency shall not, however, perform any of said copying, photocopying, duplicating or reproduction for any person who wishes to copy the public records of any public agency. The public agency shall allow the person to make said copies on the agency's equipment pursuant to a fee schedule established by the public agency.

   (E)   A public agency may establish a fee schedule for the certification, copying or facsimile machine transmission of documents. The fee schedule for certifying, copying or facsimile machine transmission shall not be less than $.25 nor more than the actual cost of certifying, copying, or facsimile machine transmission of the document. Payment for all costs associated with certification, copying or facsimile machine transmission of documents shall be paid in advance by the person requesting to inspect and copy any public record of the public agency. The public agency may not charge a fee to inspect a public record or to search for, examine, or review a record to determine whether a record may be disclosed unless specified by statute or ordered by a court or competent jurisdiction.

(Res. II-F-1-d(214), passed 12-10-98)

      (1)   Operations objectives which involve the ways governmental services are performed and the performance of those providing governmental services including by way of example budgeting, purchasing, permitting, cash management and planning among others.

      (2)   Reporting objectives which involve the filing of financial and nonfinancial information to those inside the government and those outside of the government including by way of example filing the annual report, audit and examination cooperation, filing uniform conflict of interest forms and the other filings with any governmental agency or official or information required to be kept.

      (3)   Compliance objectives involve the adherence to law and regulations including by way of example following guidance documents such as State Board of Accounts' manuals, bulletins, directives and the Department of Local Government Finance's forms and directions and including other compliance related trainings and documents.

      (1)   Control environment.

      (2)   Risk assessment.

      (3)   Control activities.

      (4)   Information and communication.

      (5)   Monitoring.

         (a)   The Oversight Body and management demonstrate a commitment to integrity and ethical values.

         (b)   The Oversight Body oversees the town's internal control system.

         (c)   Management establishes an organizational structure, assigns responsibility and delegates authority to achieve the town's objectives.

         (d)   Management demonstrates a commitment to attract, develop and retain competent individuals.

         (e)   Management evaluates performances and holds individuals accountable for their internal control responsibilities.

         (a)   Management defines objectives clearly to enable the identification of risks and defines risk tolerances.

         (b)   Management identifies, analyzes and responds to risk related to achieving the defined objectives.

         (c)   Management considers the potential for fraud when identifying, analyzing and responding to risks.

         (d)   Management identifies, analyzes and responds to significant changes that could impact the internal control system.

         (a)   Management designs control activities to achieve objectives and respond to risks.

         (b)   Management designs the town's information system and related control activities to achieve objectives and respond to risks.

         (c)   Management implements control activities through policies.

         (a)   Management uses quality information to achieve the town's objectives.

         (b)   Management internally communicates the necessary quality information to achieve the town's objectives.

         (c)   Management externally communicates the necessary quality information to achieve the town's objectives.

         (a)   Management establishes and operates monitoring activities to monitor the internal control system and evaluate the results.

         (b)   Management remediates identified internal control deficiencies on a timely basis.

      (1)   In order to meet the above-described objectives and fulfill the town's mission, the town shall develop procedures based on the above-described standards. The town, therefore, hereby directs that the above standards set forth under division (D) be used to design, implement, operate and modify current operations, reporting and compliance procedures that will safeguard the assets of the town, promote reliability, accountability and transparency of financial and non-financial information and to ensure compliance with all laws and regulations for each office, department and personnel of the town for an effective and reasonable internal control system of the town.

      (2)   Accordingly, the town authorizes the Town Clerk-Treasurer to undertake a review of the current internal control system of the town; to conduct interviews with personnel of the town with regard to the nature and extent of control exercised over public funds so as to identify appropriate personnel under division (F)(3), and to make recommendations regarding the internal control system of the town. The Town Clerk-Treasurer shall present his or her  findings to the Oversight Committee no later than October 1, 2016 regarding any deficiencies and recommendations with respect to advancing policies and procedures in furtherance of this section.

      (3)   The town authorizes the Town Clerk-Treasurer, in carrying out his or her activities in regard to the above division, to determine the position and persons who are the personnel who exercise duties involving receiving, processing, depositing, disbursing, or otherwise having access to funds that belong to the federal government, state government, a political subdivision, or another governmental entity.

      (4)   No later than December 31, 2016, the Oversight Committee shall adopt policies and procedures in accordance with this section, after review and consultation with the Town Clerk-Treasurer regarding areas of improvement and deficiency in any existing policies and procedures so as to satisfy the terms of this section with regard to internal controls.

      (5)   Upon adoption of the procedures and policies by the Oversight Committee, all personnel, whether a public official or employee of the town shall comply with the procedures and any other policy regarding standards and procedures determined necessary by the town now and as modified in the future.

      (6)   All personnel of the town whose official duties include receiving, processing, depositing, disbursing, or otherwise having access to funds that belong to the federal government, state government, a political subdivision, or another governmental entity shall be trained at least once during a calendar year and annually thereafter, unless on leave status, on the minimum internal control standards and procedures and any other standards and procedures determined necessary by the town and shall cooperate with the Town's Clerk-Treasurer or his or her designee so that the Town Clerk-Treasurer may timely certify to the State Board of Accounts that the training was received annually by the personnel as provided by law.

      (7)   All elected and appointed officials and employees of the town are hereby directed to abide by and to cooperate fully in the implementation of the internal control system of the town.

      (1)   An employee who fails to abide by or cooperate with the implementation, compliance and certifications connected with the internal control system commits a violation thereof and may result in the discipline, including termination, of the employee.

      (2)   An elected or appointed official of the town who fails to abide by or cooperate with the implementation and the mandated certifications of the internal control system may be subject to any action allowed by law.

   This section may be implemented by any and all of the following actions or such others as authorized by this Council:

      (1)   Posting a copy of this section in its entirety in at least one of the locations in the town where it posts employer posters or other notices to its employees;

      (2)   Providing a copy of this section to its employees and elected and appointed officials;

      (3)   Providing or posting a notice of the adoption of this section; or

      (4)   Any such other action or actions that would communicate the policies established by this section to the town's employees and elected and appointed officials.

(Ord. II-F-2-b(32), passed 7-14-16; Am. Res. II-F-2-b(33), passed 12-29-16)

   (B)   (1)   Between Monday through Friday from 9:00 a.m. to 4:00 p.m., excluding federal or state holidays, a person may submit a request, in the manner to be specified by the Department, that a police officer inspect his or her vehicle. The Department may require that the vehicle be parked at the Department's parking lot for the inspection. Any inspection request that does not include the appropriate fee, paid in the manner prescribed in division (C), will be denied.

      (2)   Except for those vehicles to which I.C. § 9-17-2-12(a) does not apply, a police officer shall inspect a vehicle upon proper request as soon as possible, within reason given the then-current demands on the Department and if requested in the manner prescribed by the Department.

   (C)   (1)   A police officer who makes an inspection under this section shall charge a fee of $5.00 for this service; however, if the inspection is for a resident of the town, instead no fee shall be charged. The Department may decide which forms of payment it will accept. (At the time of the passage of this section, the Department only accepts cash or money orders in the exact fee amount.)

      (2)   The police officer shall deposit all fees collected under this section into a law enforcement continuing education fund, as established by § 36.20, or elsewhere as permitted by law.

(Ord. II-F-2-a(9), passed 10-13-16)

   The purpose of this policy is to facilitate the preparation of financial statements in conformity with generally accepted accounting principles.

(Ord. II-F-1-d(385), passed 5-22-08)

   Capital assets are personal and real property used in the operations of the government that have an expected estimated useful life beyond a single period. Capital assets are to include any item that falls into one of the following categories.

   (A)   Land.

   (B)   Land improvements.

   (C)   Buildings.

   (D)   Machinery and equipment.

   (E)   Vehicles.

   (F)   Computer software.

   (G)   General infrastructure.

   (H)   Construction in progress.

(Ord. II-F-1-d(385), passed 5-22-08)

   (A)   To be considered a capital asset for financial reporting purposes, an item must be at or above the capitalization threshold and have a unit historical cost of $5,000.00 or more. Assets will remain as part of the property record until they are retired or are disposed of, sold, traded in, and the like, regardless of net book value amount.

   (B)   The capitalization threshold for the following classes of assets shall be:

 

 

   (C)   With regard to improvements to buildings and general infrastructure, a capital outlay must be significant and increase capacity, increase efficiency, or extend the asset’s estimated useful life beyond the original expectation.

   (D)   A change in capacity increases the level of service provided by the asset. A change in efficiency increases the level of service but without increasing the size of the asset or the change maintains the same level of service at a lower cost. For example, an addition to a building provides increased square footage, hence, the capacity is increased and the capital outlay is capitalized. Widening a road with additional lanes increases capacity and, hence, the capital outlay is capitalized. An extended estimated useful life involves a significant alternation, structural change or improvement.

   (E)   While substantial repairs and renovations will be reviewed for potential capitalization, it is anticipated that most will be expensed in the current year. These expenses often merely restore the asset to the original service potential but do not necessarily improve the asset.

   (F)   All land, including rights-of-way, is capitalized at the time of acquisition regardless of historical costs or fair value if donated.

(Ord. II-F-1-d(385), passed 5-22-08)

(Ord. II-F-1-d(385), passed 5-22-08)

   Capital assets have estimated useful lives extending beyond a single reporting period (one year) and are depreciated using the straight-line method with no allowance for salvage value. The estimated useful lives currently used were developed with the input of knowledgeable staff and reflect our government’s experience with these assets:

 

(Ord. II-F-1-d(385), passed 5-22-08)

   Depreciation will be calculated using the straight-line method and full-year convention. No salvage value or residual value will be recognized.

(Ord. II-F-1-d(385), passed 5-22-08)

   (A)   Retirements apply to all capital assets including land, buildings, machinery and equipment, vehicles, and general infrastructure.

   (B)   When an asset is disposed of, scrapped, sold, subject to demolition, and the like, it is to be removed from the property record and the appropriate reduction will be made to historical cost, accumulated depreciation, and net book value amounts.

   (C)   Retirements will reflect the actual historical cost of the asset when the amount is ascertainable. When historical cost is not ascertainable, an estimated historical cost will be determined.

(Ord. II-F-1-d(385), passed 5-22-08)

   (A)   The Clerk-Treasurer will ensure that reporting for capital assets is being exercised by establishing a capital asset inventory, both initially and periodically in subsequent years. The Clerk-Treasurer will further ensure that the capital asset report will be updated annually to reflect improvements, additions, retirements, and transfers and to reflect the new, annual capital asset balance for financial reporting purposes and the annual and accumulated depreciation calculations and net book value amounts.

   (B)   Day-to-day stewardship of personal property above the capitalization threshold of $5,000.00 is the responsibility of the department utilizing the property.

   (C)   For annual updating of the capital asset report, the departments have the responsibility to report improvements, additions, retirements, and transfers in detail to the Clerk-Treasurer. It is expected that this reporting will be in a timely manner, as the capital asset record must be updated annually.

   (D)   To restate, additions of assets at or above the unit capitalization threshold of $5,000.00 are to be reported to the Clerk-Treasurer by the departments upon purchase or receipt of the asset. These will be verified per the claims process by the Clerk-Treasurer’s office. Transfers and retirements of assets at or above the $5,000.00 unit threshold are to be reported as such by the departments to the Clerk-Treasurer at the time of the transaction.

(Ord. II-F-1-d(385), passed 5-22-08)

   (A)   Capital assets below the capitalization threshold of $5,000.00 on a unit basis but warranting ‘control’ shall be inventoried at the department level and an appropriate list will be maintained. Data elements are to include asset description, location, make, model, serial number, and other information that assists control or deemed relevant.

   (B)   Assets below the capitalization threshold but considered sensitive may include, for example, weapons, radios, personal computers, laptop computers, printers, fax machines, and small power tools. These minor but sensitive items shall be inventoried and controlled at the department level. Stewardship of these minor but sensitive items is the responsibility of the departments utilizing these properties.

   (C)   The Clerk-Treasurer shall determine appropriate means, level of detailed data elements, and the system to be utilized. Finally, the Clerk-Treasurer shall have the right to request copies of the inventory and/or updated inventory of controllable items so as to periodically review the information and adherence to policy.

(Ord. II-F-1-d(385), passed 5-22-08)

   The Federal Trade Commission (“FTC”) requires every creditor to implement an Identity Theft Prevention Program (“ITPP”). The FTC requirement and regulation is necessary because of § 114 of the Fair and Accurate Credit Transactions Act (“FACT Act”). The FTC has set forth the ITPP requirement in 16 C.F.R. § 681.2. The Town of Shipshewana (the “Town”) adopts the program set forth in this subchapter to comply with FTC rules and regulations. In drafting its ITPP, the town has considered: (1) the methods it provides to open its accounts; (2) the methods it provides to access its accounts; and (3) its previous experiences with identity theft. Based on these considerations, the governing authority of the town hereby determines that the town is a low to moderate risk entity and as a result develops and implements the streamlined ITPP set forth here.

(Res. II-F-2-b(26), passed 4-23-09)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      (1)   An account that a financial institution or creditor offers or maintains, primarily for personal, family, or household purposes, that involves or is designed to permit multiple payments or transactions, such as a credit card account, mortgage loan, automobile loan, margin account, cell phone account, utility account, checking account, or savings account;

      (2)   Any other account that the financial institution or creditor offers or maintains or which there is a reasonably foreseeable risk to customers or to the safety and soundness of the financial institution or creditor from identity theft, including financial, operational, compliance, reputation, or litigation risks.

      (1)   Name, social security number, date of birth, official state or government issued driver’s license, alien registration number, government passport number, employer or taxpayer identification number;

      (2)   Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation;

      (3)   Unique electronic identification number, address or routing code; or

      (4)   Telecommunication identifying information or access device.

(Res. II-F-2-b(26), passed 4-23-09)

   The FTC regulations identify several red flags that must be considered in adopting an ITPP and when handling transactions involving covered accounts. The town identifies the following red flags from the examples provided in the regulations of the FTC.

      (1)   Presentation of documents appearing to be altered or forged;

      (2)   Presentation of photographs or physical descriptions that are not consistent with the appearance of the applicant or customer;

      (3)   Presentation of other documentation that is not consistent with the information provided when the account was opened or existing customer information;

      (4)   Presentation of information that is not consistent with the account application; or

      (5)   Presentation of an application that appears to have been altered, forged, destroyed, or reassembled.

      (1)   Personal identifying information is being provided by the customer that is not consistent with other identifying information provided by the customer or is not consistent with the customer’s account application;

      (2)   Personal identifying information is associated with known fraudulent activity;

      (3)   The address is the same as that submitted by another customer; or

      (4)   The applicant failed to provide all personal identifying information requested on the application.

      (1)   A change of address for an account followed by a request to change the account holder’s name;

      (2)   A change of address for an account followed by a request to add new or additional authorized users or representatives;

      (3)   An account is not being used in a way that is consistent with prior use (such as late or no payments when the account has been timely in the past);

      (4)   A new account is used in a manner commonly associated with known patterns of fraudulent activity (such as customer fails to make the first payment or makes the first payment but no subsequent payments);

      (5)   Mail sent to the account holder is repeatedly returned as undeliverable; or

      (6)   The town receives notice that a customer is not receiving his or her paper statements.

(Res. II-F-2-b(26), passed 4-23-09)

   (A)   Suspicious transactions involving covered accounts include, but are not limited to:

      (1)   The presentation of incomplete applications;

      (2)   Unsigned applications;

      (3)   Payment by someone other than the person named on the account; or

      (4)   Presentation of inconsistent signatures, addresses, or identifying information.

   (B)   Suspicious transactions shall not be processed and shall be immediately referred to the Compliance Officer or his/her designee.

(Res. II-F-2-b(26), passed 4-23-09)

   The Compliance Officer for this ITPP and subchapter shall be the Town Clerk-Treasurer or his/her designee. The Compliance Officer shall conduct training of all town employees that transact business with customers of the town. The Compliance Officer shall receive and review any suspicious transactions or red flags and take appropriate steps as deemed necessary according to this ITPP. The Compliance Officer shall periodically review this program and recommend any necessary updates to the Town Council.

(Res. II-F-2-b(26), passed 4-23-09)

   The Compliance Officer or his/her designee shall use his/her discretion on whether to report suspicious transactions, that cannot be resolved by review of the Compliance Officer, to the Police Department or other appropriate law enforcement.

(Res. II-F-2-b(26), passed 4-23-09)

   All personal information, personal identifying information, account applications and account information collected and maintained by the town shall be a confidential record of the town and shall not be subject to disclosure unless otherwise required by state or federal law.

(Res. II-F-2-b(26), passed 4-23-09)

   Access to covered account information shall be limited to employees that provide customer service and technical support for the town. Any computer that has access to a customer account or personal identifying information shall be password protected. All paper and non-electronic based accounts or customer personal identifying information shall be stored and maintained in an area that is not available to the general public.

(Res. II-F-2-b(26), passed 4-23-09)

   An annual report, as required by FTC regulations, shall be provided by the Compliance Officer to the Town Council President. The contents of the annual report shall address and/or evaluate at least the following:

   (A)   The effectiveness of the policies and procedures of the town in addressing the risk of identity theft in connection with the opening of accounts and with respect to access to existing accounts;

   (B)   Incidents involving identity theft with accounts and the town’s response;

   (C)   Changes in methods of identity theft and the prevention of identity theft; and

   (D)   Recommendations for changes to the Town’s ITPP.

(Res. II-F-2-b(26), passed 4-23-09)

Name:

Account Address:

City/State/Zip: 

Circumstances of the Suspected Identity Theft (please provide all relevant details)

Presentation of approved photo identification (copy attached)

Completed FTC Identity Theft Affidavit (copy attached)

Filed police report (copy attached)

A written police report was not taken, however a case file number was assigned

Case File #

Officer/Agent verifying the Case File #

I hereby acknowledge that the information I’ve provided is accurate and complete to the best of my knowledge.

Customer’s Printed Name               Signature            Date

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(Res. II-F-2-b(27), passed 12-12-09)

   Only the Council may authorize the issuance of a credit card or fuel card in the name of the town. Upon issuance, the Town Clerk-Treasurer shall be responsible for the authorization of a town employee’s use of a credit card or fuel card under this policy.

(Res. II-F-2-b(27), passed 12-12-09)

   (A)   The Town Clerk-Treasurer shall be responsible to maintain an accounting system or log for the use of credit cards which includes the name of the employee, their position of employment, the estimated amounts to be charged, the town fund and account number to be charged, the date the credit card is issued and returned, and any other details required by the Town Clerk-Treasurer. The accounting system or log attached to the resolution codified herein as Exhibit “A” shall be utilized by the Town Clerk-Treasurer for the use of credit cards and may be modified by the Town Clerk-Treasurer from time to time as necessary.

   (B)   The Town Clerk-Treasurer shall also be responsible to maintain an accounting system or log for the use of fuel cards. The accounting system or log may include any details required by the Town Clerk-Treasurer. The accounting system or log attached to the resolution codified herein as Exhibit “B” shall be utilized by the Town Clerk-Treasurer for the use of fuel cards and may be modified by the Town Clerk-Treasurer from time to time as necessary.

(Res. II-F-2-b(27), passed 12-12-09)

   Town credit cards and fuel cards shall be used for purchases relating to the performance of town business only. No personal use of a town credit card or fuel card is allowed, even if an employee offers to reimburse the town for the employee’s personal use of a town credit card or fuel card.

(Res. II-F-2-b(27), passed 12-12-09)

   The town employee utilizing a town credit card is responsible to provide sufficient accounting information to the Town Clerk-Treasurer so that expenditures from appropriations can be tracked to provide timely and accurate accounting information for monitoring the accounting system.

(Res. II-F-2-b(27), passed 12-12-09)

   Sufficient supporting documentation shall be made available by the town employee to the Shipshewana Town Clerk-Treasurer so as to approve claims for payment of credit card bills, such as paid bills and receipts. Credit card statements or credit card slips alone are not sufficient documentation.

(Res. II-F-2-b(27), passed 12-12-09)

   Any late payment fees of interest or penalties due to late filing or furnishing of documentation by a town employee issued a credit card shall be the responsibility of that employee.

(Res. II-F-2-b(27), passed 12-12-09)

   The Council hereby authorizes the town to incur an annual fee for any credit card or fuel card obtained by the Council, should such fee apply.

(Res. II-F-2-b(27), passed 12-12-09)

Section

   There is hereby created an emergency medical technicians donation fund which shall be a nonreverting fund of the town established for the sole purpose of accepting donations from private individuals and/or grants from public or charitable entities. The fund shall be utilized by the Town Emergency Medical Technicians pursuant to the regularly established claims system of the town to purchase personal property and capital needs of the department as the needs might arise.

(Ord. II-F-1-B(14), passed 3-28-96)

   (A)   There is hereby established a fund which shall be known as the Fire Department fire run fund (hereinafter “the fund”).

   (B)   The Clerk-Treasurer shall deposit into the fund all amounts received from any sources for the payment of a fire run. The Clerk-Treasurer shall establish and maintain records of the amounts deposited, the source of the deposit, accrued interest (if applicable), the amounts paid out, to whom the payments are made, the purpose of the payments, and the dates the payments are made.

   (C)   The Clerk-Treasurer further shall make a report to the Town Council of all activity in the account when and as directed by the Town Council.

   (D)   Any disbursement of monies from the fund shall be made only upon express direction of the Town Council.

(Ord. II-F-1-b(10), passed 1-27-94)

   (A)   There is hereby established the town cumulative building fund.

   (B)   An ad valorem property tax levy will be imposed on the citizens of the town and the revenues from such levy will be retained in the town cumulative building fund.

   (C)   The maximum rate of levy under division (B) of this section, pursuant to I.C. § 36-9-16-5, as amended, shall be $.10 per $100 assessed valuation for 1989.

   (D)   The funds accumulated in the town cumulative building fund will be used for the cumulative building fund as defined in I.C. § 36-9-16-2, and the purposes enumerated therein.

   (E)   Notwithstanding division (D) of this section, funds accumulated in the town cumulative building fund may be spent for purposes other than the purpose as stated in division (D) of this section if the purpose is to protect the public health, safety, or welfare in an emergency situation which demands immediate action. Money may be spent under the authority of this section only after the President of the Town Council of the town issues a declaration that the public health, safety, or welfare is in immediate danger that requires the expenditure of money in the fund.

(Ord. II-F-1-b(4), passed 8-25-88)

   (A)   There is hereby established a town economic development fund.

   (B)   The revenues from the economic development plan area will be retained in the town economic development fund.

   (C)   The funds accumulated in the town economic development fund will be used for Economic Development purposes as set forth in I.C. § 36-7-14.

   (D)   Notwithstanding division (C) of this section, funds accumulated in the town economic development fund may be spent for purposes other than those as stated in division (C) of this section if the purpose is to protect the public health, safety, or welfare in an emergency situation which demands immediate action as permitted by law. Money may be spent under the authority of this section only after the President of the Town Council of the town issues a declaration that the public health, safety, or welfare is in immediate danger that requires the expenditure of money in the fund.

(Ord. II-F-1-b(7), passed 2-24-94)

   The Clerk-Treasurer shall deposit monies for the payment of permits, application fees, penalties, and the like, having to do with signage within the town into the general fund and shall account for said monies in the same manner as all other funds in the general fund.

(Ord. II-F-1-b(15), passed 8-12-99)

   (A)   A need now exists for the reestablishment a cumulative capital development fund for all purposes permitted under I.C. § 36-9-15.5-2 and to reestablish the tax rate for said cumulative capital development fund.

   (B)   That this Council will adhere to the provisions of I.C. § 36-9-15.5. The proposed fund will not exceed $0.05 on each $100 of assessed valuation. Said tax rate will be levied beginning with taxes for the year 2017, payable 2018, and each subsequent year thereafter continuing until reduced or rescinded.

   (C)   The funds established and deposited in the cumulative capital development fund may be used for all purposes allowed by law including those set forth in I.C. § 36-9-15.5-2, and I.C. §  36-9-15.5-8(c), each as hereafter amended or supplemented.

(Ord. II-F-1-b(7), passed 3-10-94; Am. Ord. II-F-1-b(28), passed 5-12-11; Am. Ord. II-F-1-b(37), passed 5-14-15; Am. Ord. II-F-1-b(41), passed 7-13-17)

   (A)   There is hereby established a fund which shall be known as the Storm Water Management Board construction fund (hereinafter the fund).

   (B)   Duties of Clerk-Treasurer.

      (1)   The Clerk-Treasurer shall deposit into the fund all amounts received from any source for the construction, maintenance, repair, or replacement of the current or future storm sewer system in the town. The Clerk-Treasurer shall establish and maintain records of the amounts deposited, the source of the deposit, accrued interest (if applicable), the amounts paid out, to whom the payments are made, the purpose of the payments, and the dates the payments are made.

      (2)   The Clerk-Treasurer further shall make a report to the Town Council of all activity in the account when and as directed by the Town Council.

   (C)   Any disbursement of monies from the fund shall be made only upon express direction of the Town Council.

(Ord. II-F-1-b(9), passed 3-12-92)

   (A)   There is hereby established a town cumulative capital development fund.

   (B)   An ad valorem property tax levy will be imposed on the citizens of the town and the revenues from such levy will be retained in the town cumulative capital development fund.

   (C)   The maximum rate of levy under division (B), pursuant to I.C. § 36-9-15.5-6, as set by Town Council.

   (D)   The funds accumulated in the town cumulative capital development fund will be used for the cumulative building fund as defined in I.C. § 36-9-16-2, the cumulative street fund as defined in I.C. § 36-9-16.5-2, the cumulative building fund— sewers as defined in I.C. § 36-9-26-3, the cumulative sinking and building fund— parks as defined in I.C. § 36-10-4-36, the general improvement fund as defined in I.C. § 36-9-17, and/or in the cumulative firefighting building, equipment, police radio fund as defined in I.C. § 36-8-14.

   (E)   Notwithstanding division (D) of this section, funds accumulated in the town cumulative capital development fund may be spent for purposes other than those as stated in division (D) if the purpose is to protect the public health, safety, or welfare in an emergency situation which demands immediate action. Money may be spent under the authority of this section only after the President of the Town Council of the town issues a declaration that the public health, safety, or welfare is in immediate danger that requires the expenditure of money in the fund.

(Ord. II-F-1-b(7), passed 3-10-94)

   (A)   There is hereby established a fund which shall be known as the Storm Water Management Board construction fund (hereinafter the fund).

   (B)   Duties of Clerk-Treasurer.

      (1)   The Clerk-Treasurer shall deposit into the fund all amounts received from any source for the construction, maintenance, repair, or replacement of the current or future storm sewer system in the town. The Clerk-Treasurer shall establish and maintain records of the amounts deposited, the source of the deposit, accrued interest (if applicable), the amounts paid out, to whom the payments are made, the purpose of the payments, and the dates the payments are made.

      (2)   The Clerk-Treasurer further shall make a report to the Town Council of all activity in the account when and as directed by the Town Council.

   (C)   Any disbursement of monies from the fund shall be made only upon express direction of the Town Council.

(Ord. II-F-1-b(9), passed 3-12-92)

   (A)   There is hereby established a fund which shall be know as the build Indiana fire truck purchase fund.

   (B)   The Clerk-Treasurer shall deposit into the fund all amounts received from the build Indiana fund/Auditor of state for the purchase of a new pumper truck for the Town Volunteer Fire Department. The Clerk-Treasurer shall establish and maintain records of the amounts deposited, the source of the deposit, accrued interest (if applicable), the amounts paid out, to whom the payments are made, the purpose of the payments, and the dates the payments are made.

   (C)   The Clerk-Treasurer further shall make a report to the Town Council of all activity in the account when and as directed by the Town Council.

   (D)   Any disbursements of monies from the fund shall be made only upon express direction of the Town Council.

(Ord. II-F-1-b(16), passed 3-9-00)

   The Fund shall be created with a levy commencing January 1, 2001. The maximum rate during said period, subject to Town Council approval, shall be $.10 per $100 of assessed valuation and shall be deposited in a qualified public depository or depositories and held in a special fund to be know as the "building or remodeling, firefighting, and police radio equipment fund."

(Res. II-F-1-b(17), passed 5-25-00)

   (A)   A rainy day fund is hereby established in the town, to be know as the "Shipshewana rainy day fund" and shall be controlled according to the provisions of I.C. § 36-1-8-5.1.

   (B)   The rainy day fund shall consist of the unused and unencumbered balance that is remaining in a fund containing amounts raised by a general or special tax levy on all the taxable property of the town which has been transferred by the Town Council to the rainy day fund.

   (C)   The rainy day fund is subject to the same appropriation process as other funds that receive tax money. Before making an appropriation from the rainy day fund, the Town Council shall make a finding that the proposed use of the rainy day fund is consistent with the intent of the fund.

   (D)   In any fiscal year, the Town Council may transfer not more than 10% of the town's total budget for that fiscal year to the rainy day fund.

   (E)   The "Shipshewana rainy day fund" shall operate with all the powers, obligations, and privileges authorized under the Act as the same is presently in force and effect, or as it may be amended from time to time.

(Ord. II-F-1-b(18), passed 8-27-01)

   (A)   There is hereby established a fund which shall be known as the Historical Society fund (hereafter "the fund").

   (B)   The Clerk-Treasurer shall deposit into the fund all amounts received from any sources for the payment of membership fees, annual dinners, donations, and the like, having to do with the Historical Society within the town. The Clerk-Treasurer shall establish and maintain records of the amounts deposited, the source of the deposit, accrued interest (if applicable), the amounts paid out, to whom the payments are made, the purpose of the payments, and the dates the payments are made.

   (C)   The Clerk-Treasurer further shall make a report to the Town Council of all activity in the account when and as directed by the Town Council.

   (D)   Any disbursement of monies from the fund shall be made only upon express direction of the Town Council.

   (E)   The Clerk-Treasurer is hereby directed to effectuate the provisions of this section as soon as can be done.

(Ord. II-F-1-b(19), passed 10-11-01)

   There is hereby created a Fire Department donation fund: gift #2, which shall be a non-reverting fund of the town established for the sole purpose of accepting donations from private individuals and/or grants from public or charitable entities and that said fund shall be utilized by the Fire Department pursuant to the regularly established claims system of the town to purchase personal property and capital needs of the department as said needs might arise.

(Ord. II-F-1-b(20), passed 10-24-02)

   (A)   There is hereby authorized and created a fund to be known as the appreciation fund (the “fund”). The purpose of this Fund shall be to allow for the receipt of funds to be used by the town, as approved and appropriated, to:

      (1)   Enhance the employer/employee relationship;

      (2)   Encourage personnel to volunteer and to work with the town; and

      (3)   To reward dedication and service.

   (B)   The funds shall be invested in accordance with standard town policy, and may be used by the town after appropriation in accordance with the standard rules and purchasing procedures to which other funds of the Commission are subject. Unless otherwise required by law to be transferred, the interest earned on the fund shall remain with the fund. All amounts remaining in the fund at the end of the year shall revert to the general fund.

(Ord. II-F-1-b(28), passed 12-13-07)

   (A)   There is hereby established a fund which shall be known as the storm water improvement/ replacement fund (hereafter “the fund”).

   (B)   To establish the fund, the Clerk-Treasurer shall deposit $20,000.00 from the storm water cash operating fund into the storm water improvement/replacement fund. Each month following the establishment of the fund a portion of the monthly revenues from storm water utility customers after covering monthly storm water expenses and maintaining a sufficient cash balance in the storm water cash operating fund shall be placed into the fund. The Clerk-Treasurer shall establish and maintain records of the amounts deposited, the source of the deposit, accrued interest (if applicable), the amounts paid out, to whom the payments are made, the purpose of the payment, and the dates the payments are made.

   (C)   The allowable purposes for expenditures of the funds are as follows:

      (1)   Storm water improvements and replacements;

      (2)   Matching grants for storm water improvements and replacements;

      (3)   Equipment purchases, necessary for storm water improvements and maintenance; and

      (4)   Professional services necessary for storm water improvements and replacements.

   (D)   The Clerk-Treasurer further shall make a report to the Town Council of all activity in the account when and as directed by the Town Council.

   (E)   The Clerk-Treasurer is hereby directed to effectuate the provisions of this section as soon as can be done.

(Ord. II-F-1-b(31), passed 5-25-10)

   (A)   The town, by its Council, hereby authorizes and establishes a fund to be known as the capital development fund, which shall be administered by the Council in accordance with the law, general rules, and policies of the town. The capital development fund shall be for receiving of funds and use of those funds for the construction of infrastructure by the town.

   (B)   The funds deposited into the capital development fund shall be invested and reinvested pursuant to the standard procedures followed by the town, and the capital development fund shall not revert to the general fund.

(Ord. II-F-1-b(35), passed 5-23-13)

   (A)   A need now exists for the reestablishment of a cumulative firefighting building and equipment fund for all purposes permitted under I.C. § 36-8-14-2 and to establish the tax rate for said cumulative firefighting building and equipment fund.

   (B)   That this Council will adhere to the provisions of I.C. § 36-8-14. The proposed fund will not exceed $0.0333 on each $100 of assessed valuation. Said tax rate will be levied beginning with taxes for the year 2017, payable 2018, and each subsequent year thereafter continuing until reduced or rescinded.

   (C)   The funds established and deposited in the cumulative firefighting building and equipment fund may be used for all purposes allowed by law including those set forth in I.C. § 36-8-14-2 as hereafter amended or supplemented.

(Ord. II-F-1-b(38), passed 5-14-15; Am. Ord. II-F-1-b(42), passed 7-14-17)

   (A)    The town, by its Council, hereby authorizes the Town Clerk-Treasurer to open and establish a fund or separate account with a financial institution approved by the Council to be known as the Town Center fund which shall be administered by the Council in accordance with the law, general rules, and policies of the town. The Town Center fund shall be to receive any revenues generated from the operation of the Town Center (with the exception of office space rental revenues) and used for the necessary and related costs and expenditures of operating the Town Center. The Clerk-Treasurer shall be authorized to make all deposits necessary and to process all expenditures as approved by the Council.

   (B)   The funds deposited into the Town Center fund shall be invested and reinvested pursuant to the standard procedures followed by the town, and the Town Center fund shall be kept as a separate from other funds of the town and shall not revert to the general fund.

(Res. 11-F-1-b(33), passed 12-29-11)

   (A)   The town, by its Council, hereby authorizes and established a fund to be known as the Event Center merchant fund which shall be administered by the Council in accordance with the law, general rules, and policies of the town. The Event Center merchant fund shall be for receiving credit card and debit card revenue from Shipshewana Event Center operations.

   (B)   The funds deposited into the Event Center merchant fund shall be invested and reinvested pursuant to the standard procedures followed by the town, and the Event Center merchant fund shall not revert to the general fund.

(Ord. II-F-1-b(36), passed 5-23-15)

      (1)   As required by I.C. § 36-1-8-12, monies relating to a road and bridge project that remains in the fund at the completion of the project shall:

         (a)   Be transferred to the Treasurer of State, if the money belonged to the state’s share of the remaining money; and

         (b)   Revert to the fund from which the money originated, if the money belonged to the town’s share of the remaining money.

      (2)   Notwithstanding division (C)(1) above, any amount necessary to pay a bill, judgement, or valid claim concerning any balance of the fund that has previously reverted shall be taken from the fund to which the money reverted to pay the bill, judgement, or valid claim.

      (1)   No monies shall be placed in the fund from other town sources unless they accord with I.C. § 8-23-30-3, as may be amended from time to time, and the monies correspond to the town’s share of an INDOT-approved grant.

      (2)   No monies shall be appropriated from the fund except for the purposes of the respective community crossings grant project.

      (3)   No monies shall be dispensed from the fund without the proper authorization of the Town Council.

(Ord. II-F-1-b(43), passed 12-14-17)

   (A)   The law enforcement continuing education fund is hereby established for all purposes permitted under I.C. § 5-2-8-2 as hereafter amended or supplemented.

   (B)   The monies deposited in the law enforcement continuing education fund may be used for all purposes allowed by law including those set forth in I.C. § 5-2-8-2 as hereafter amended or supplemented. As currently permitted by such statute, these funds may be used for law enforcement continuing education concerning the following:

      (1)   Duties of a law enforcement officer in enforcing restraining orders, protective orders, temporary injunctions, and permanent injunctions involving abuse;

      (2)   Guidelines for making felony and misdemeanor arrests in cases involving abuse;

      (3)   Techniques for handling incidents of abuse that:

         (a)   Minimize the likelihood of injury to the law enforcement officer; and

         (b)   Promote the safety of a victim;

      (4)   Information about the nature and extent of abuse;

      (5)   Information about the legal rights of and remedies available to victims of abuse;

      (6)   How to document and collect evidence in an abuse case;

      (7)   The legal consequences of abuse;

      (8)   The impact on children of law enforcement intervention in abuse cases;

      (9)   Services and facilities available to victims of abuse and abusers;

      (10)   Verification of restraining orders, protective orders, temporary injunctions, and permanent injunctions;

      (11)   Policies concerning arrest or release of suspects in abuse cases;

      (12)   Emergency assistance to victims of abuse and criminal justice options for victims of abuse;

      (13)   Landlord-tenant concerns in abuse cases;

      (14)   The taking of an abused child into protective custody;

      (15)   Assessment of a situation in which the child may be seriously endangered if the child is left in the child’s home;

      (16)   Assessment of a situation involving an endangered adult (as defined in I.C. § 12-10-3-2);

      (17)   Response to a sudden, unexpected infant death; and

      (18)   Performing cardiopulmonary resuscitation and the Heimlich maneuver.

   (C)   Monies may be deposited into the law enforcement continuing education fund from fees collected from Department vehicle inspection services, from private donations specific to this fund, or from any other town revenue or appropriation. All monies in the law enforcement continuing education fund shall remain in the fund from year to year and shall not revert to the general fund or any other town fund.

(Ord. II-F-2-a(9), passed 10-13-16)

   (A)   A fund is hereby established in the town to be known as the LOIT special distribution fund for the purpose of receipting and accounting for the portion of the one-time special distribution being made pursuant to the act and which is required to be restricted thereby. The Clerk-Treasurer is instructed to deposit 100% of the one-time special distribution received from the LaGrange County Auditor into said fund upon its receipt.

(Ord. II-F-1-b(40), passed 5-12-16)

   There is hereby established a fund which shall be known as the promotional fund. The Town Council is hereby authorized to budget and appropriate funds from the general fund or from other funds to pay the expenses incurred in promoting the betterment of the town.

(Ord. II-F-1-b(2), passed 5-26-88)

   Expenditures from this fund may include, but are not necessarily limited to the following:

   (A)   Membership dues in local, regional, state and national associations of a civic, educational or governmental nature, which have as their purpose the betterment and improvement of municipal operations.

   (B)   Direct expenses for travel, meals, and lodging in conjunction with municipal business or meetings or organizations to which the municipality belongs.

   (C)   Expenses incurred in the promotion of economic or industrial development for the municipality, including meeting room rental, decorations, meals and travel.

   (D)   Commemorative plaques, certificates, or objects such as commemorative keys.

   (E)   Other purposes which are deemed by Town Council to directly relate to promotion or betterment of the town.

(Ord. II-F-1-b(2), passed 5-26-88)

   No expenses shall be allowed from this fund without prior authorization and approval of the Town Council. Claims for expenses under this section all be allowed as prescribed by law.

(Ord. II-F-1-b(2), passed 5-26-88)

   There is hereby established a fund which shall be known as the payroll fund (hereinafter the fund).

(Ord. II-F-1-b(8), passed 2-13-92)

   (A)   The Clerk-Treasurer shall deposit into the fund all amounts required by federal, state, or local law to be withheld from the wages of the employees of the town. The Clerk-Treasurer shall establish and maintain records of the amounts withheld, the employee forth whom the amounts are withheld, the dates of withholding, the amounts paid out, to whom the payments are made, and the dates the payments are made.

   (B)   The Clerk-Treasurer further shall make a report to the employee of the amounts withheld contemporaneously with the disbursement of each wage payment.

(Ord. II-F-1-b(8), passed 2-13-92)

   The disbursement of monies from the fund to the appropriate governmental agency shall not require further action by the Town Council, and may be accomplished at the discretion of the Clerk-Treasurer in accordance with the schedules established for such payments by the respective governmental agencies.

(Ord. II-F-1-b(8), passed 2-13-92)

   (A)   There is hereby imposed and established an excise tax, known as the town food and beverage tax, in the amount of 1% of the gross retail income received by a merchant from the transactions described in this section.

   (B)   The excise tax described in division (A) shall be imposed upon transactions in which food or beverages are furnished, prepared, or served:

      (1)   For consumption at a location or on equipment provided by a retail merchant;

      (2)   In the town; and

      (3)   By a retail merchant for consideration.

   (C)   Transactions described in division (B), include transactions in which food or beverages are:

      (1)   Served by a retail merchant on or off the merchant's premises;

      (2)   Sold by a retail merchant that ordinarily bags, wraps, or packages the food or beverage for immediate consumption on or near the retail merchant's premises, including food or beverage sold on a “take-out” or “to-go” basis; or

      (3)   Sold by a street vendor.

(Ord. II-F-1-a, passed 5-24-90)

   (A)   The town food and beverage tax does not apply to the furnishing, preparing, or serving of a food or beverage in a transaction that is exempt, or to the extent the transaction is exempt, from the state gross retail tax imposed by I.C. § 6-2.5.

   (B)   For purposes of this subchapter, GROSS RETAIL INCOME received by a retail merchant from a transaction which is subject hereto does not include the amount of tax imposed thereon by I.C. § 6-2.5.

(Ord. II-F-1-a, passed 5-24-90)

   (A)   The town food and beverage tax shall be imposed, paid, and collected in the same manner that the state gross retail tax is imposed, paid, and collected pursuant to I.C. § 6-2.5.

   (B)   The Clerk-Treasurer is hereby authorized and directed to execute and deliver warrants to the Treasurer of the State each and every month to withdraw the amounts received under the town food and beverage tax.

(Ord. II-F-1-a, passed 5-24-90)

   The Clerk-Treasurer shall establish a town food and beverage tax receipts fund, and shall further deposit into such fund all amounts received from the town food and beverage tax. The town food and beverage tax receipts fund shall be invested by the Clerk-Treasurer in interest bearing accounts until ordered to be withdrawn and expended by the Town Council in the manner and for the purposes set forth at I.C. § 6-9-27-9, as amended.

(Ord. II-F-1-a, passed 5-24-90)

   The Council hereby establishes a policy and procedure for handling uncollectible accounts receivable owed to the town and for writing off the uncollectible accounts as bad debt, and procedure for adjustments to account balances owed to the town. The following shall constitute the procedure for determining that an account is uncollectible.

   (A)   In the event that accounts receivable due and owing to the town, or any department of the town, are not paid within the time fixed by the town or the department of the town, the same shall be deemed delinquent. Any and all penalties that may be fixed by state statute shall be added to the delinquent account.

   (B)   A delinquent account receivable for which the town has reasonably and diligently attempted collection, but such collection remains unsuccessful, shall be deemed an uncollectible account.

(Res. II-F-1-b(30), passed 12-12-09)

   The following shall constitute the procedure for determining that an uncollectible account shall be written off by the town as bad debt.

   (A)   The Clerk-Treasurer shall make reasonable and diligent attempts to collect on a delinquent account. These reasonable and diligent attempts may include, but not be limited to, notices of account delinquency, demand letters, the filing of liens upon any eligible property, submission of the account to a collection agency, and any other action deemed necessary or advisable.

   (B)   From time to time, as necessary, the Clerk-Treasurer shall prepare a report (the uncollectible accounts report) of accounts the Clerk-Treasurer has determined are uncollectible accounts. The uncollectible accounts report shall consist of the following:

      (1)   The uncollectible accounts the Clerk-Treasurer has determined should be written off as bad debt of the town;

      (2)   The documented reasonable and diligent attempts to collect on any uncollectible accounts;

      (3)   A statement, including the reasons therefore, that the Clerk-Treasurer believes it is not economically feasible to pursue collection efforts on any specified uncollectible account; and

      (4)   Any other information or documentation that is pertinent to the reason for determining the uncollectible account should be written off as bad debt.

   (C)   The uncollectible accounts report shall be submitted to the Council for action by the Council to declare the accounts listed as collectible or uncollectible and may authorize the town to cease further collection procedures and to write off the accounts as bad debts.

   (D)   In the discretion of the Council, the Council may require further attempts to recover the amount of the uncollectible account in a civil action against the debtor, as allowed by state statute.

   (E)   Accounts in which state and/or federal law mandates an amount must be written off shall be written off as bad debts upon the approval of the Clerk-Treasurer of the town.

(Res. II-F-1-b(30), passed 12-12-09)

   The following shall constitute the procedure for adjustment of accounts receivable owed to the town.

   (A)   From time to time, as necessary, the Clerk-Treasurer shall prepare a report (the account balance adjustment report) of accounts the Clerk-Treasurer has determined require adjustment to the balance of the amount due and owing the town or a town department. The report shall consist of the following:

      (1)   The accounts and the balances of the accounts receivable the Clerk-Treasurer has determined should be adjusted;

      (2)   A statement, including the reasons therefore, that the Clerk-Treasurer believes the balance of an account receivable should be adjusted and the amount the account should be adjusted; and

      (3)   Any other information or documentation that is pertinent to the reason for adjusting the amount of the account receivable.

   (B)   The account balance adjustment report shall be submitted to the Council for action by the Council to deny the adjustment or declare said accounts adjusted in the amount recommended or an amount the Council determines is in the best interest of the town.

(Res. II-F-1-b(30), passed 12-12-09)

   (A)   Notwithstanding I.C. § 5-11-10, the Town Council hereby gives its prior written approval for the Clerk-Treasurer to make claim payments of which the Town Council has jurisdiction in allowing, and all other claims in which the Clerk-Treasurer receives the prior written approval of the board (i.e. Redevelopment Commission) having jurisdiction over allowance of the claim, in advance of the allowance for those expenses set forth in division (B).

   (B)   (1)   The Clerk-Treasurer may make payments under this section to pay out in advance of an allowance of the claim, funds in order to meet obligations with respect to the following types of expenses which disbursements are hereby pre-approved for lawful town purposes provided that each disbursement made under the authority of this section is supported by a fully itemized invoice or bill and certification by the Clerk-Treasurer:

         (a)   Property or services purchased or leased from:

            1.   The United States Government; or

            2.   An agency or political subdivision of the United States Government.

         (b)   License fees or permit fees;

         (c)   Insurance premiums;

         (d)   Utility payments or utility connection charges;

         (e)   Federal grant programs if:

            1.   Advance funding is prohibited; and

            2.   The contracting party provides sufficient security for the amount advanced.

         (f)   Grants of state funds authorized by statute;

         (g)   Maintenance agreements or service agreements;

         (h)   Lease agreements or rental agreements;

         (i)   Principal and interest payments on bonds;

         (j)   Payroll;

         (k)   State, Federal, or county taxes;

         (l)   Expenses that must be paid because of emergency circumstances; and

         (m)   Expenses described in an ordinance.

      (2)   The Town Council or the Board having jurisdiction over allowance of the claim shall review and allow the claim at the Town Council’s or Board’s next regular or special meeting following the pre-approved payment of the expense.

(Ord. I-F-1-a(9), passed 8-13-15)

   (A)   The Town Council hereby endorses and adopts the policy on materiality and process for reporting material items (the “Policy”), such policy being attached as Appendix “A” to Res. II-F-1-b(39) hereto and incorporated herein.

   (B)   The Town Council calls upon all town officials, employees, and agents to enforce and comply with the policy and to report noteworthy items to the Town Council.

   (C)   The Town Council shall acts as the town’s Oversight Committee to monitor, as it deems necessary, compliance with the policy.

   (D)   The Town Council asks the Clerk-Treasurer to advise the Town Council of any future suggested changes or updates to the policy.

(Res. II-F-1-b(39), passed 2-11-16)

Chapter

Section

   (A)   The duties of the Town Water and Sewer Utilities Billing Clerk shall include, but are not limited to, the following:

      (1)   To receive, on behalf of the town, the Water and Sewer Billing Department stubs and adding machine tapes generated by the designated bank(s) for monies received in payment of customers' water and sewer bills;

      (2)   To receive, on behalf of the town, the certified check from the designated bank(s) for payment to the town of monies received by the bank for the payment of customers' water and sewer bills, and to deposit the check in the appropriate account maintained by the town with the designated bank(s) for that purpose;

      (3)   To transfer funds from the water and sewer collection accounts to the Municipal Water Utility Account and the Municipal Sewer Utility Account, all of which are maintained by the town at the designated bank(s);

      (4)   Any other powers or duties hereafter conveyed to the Sewer and Sewer Utilities Billing Clerk by ordinance or resolution of the Town Council of the town.

   (B)   The Town Water and Sewer Utilities Billing Clerk is further directed to maintain adequate and legible records of all actions and transactions made or taken under the authority of this section, and shall report all such actions or transactions at the next regularly scheduled Town Council meeting after such actions are taken, and shall submit same for the approval of the Town Council.