HomeMy Public PortalAbout1997-01 Exec., Legis., and Adim. Organization® ORDINANCE 1997 -1
AN ORDINANCE AMENDING ORDINANCE NO. 1982 -12,
AN ORDINANCE ESTABLISHING THE
EXECUTIVE, LEGISLATIVE AND ADMINISTRATIVE ORGANIZATION
OF THE CITY OF GREENCASTLE, INDIANA
WHEREAS, the Indiana General Assembly has recodified and revised the laws governing City
government, and;
WHEREAS, the new City government law requires the establishment of departments and
agencies that the common council considers necessary to officially perform the functions of the City
government (IC 36- 4 -9 -4) and,
WHEREAS, it is in the best interest of the citizens of Greencastle, Indiana to have concise
divisions of authority and responsibility within City government, which divisions will enable City
officials to effectively respond to the needs of the citizens,
THEREFORE, be it ordained by the common council of the City of Greencastle, Indiana,
®
THAT
Section 1.
Organization
The government of the City of Greencastle, Indiana, shall consist of four branches, those
being:
(a) Executive Branch (IC 36 -4 -5)
(b) Legislative Branch (IC 36 -4 -6)
(c) Fiscal Branch (IC 36 -4 -10)
(d) Statutory Boards and Commissions
Section 2.
Executive Branch
(a) The Mayor is the City executive and head of the executive branch. He or she shall
faithfully perform the duties and responsibilities contained in IC 36 -4 -5 and other statutes of the State
of Indiana.
® (b) There is hereby established a Board of Public Works and Safety within the executive
branch. Such board shall be the chief administrative body of the City and shall have control of the
day -to -day operations of the following executive departments which are hereby established:
•
(1) Police Department
(2) Fire Department
(3) Utilities Department consisting of the Sewage Collection and Disposal System
(4) Street and Sanitation Department
(c) There is hereby established a Department of Law pursuant to IC 36- 4 -9 -12.
(d) There is hereby established a Department of Parks and Recreation to be controlled and
operated by the Park and Recreation Board established pursuant to IC 19 -7 -4 (now IC 36 -10).
(e) There is hereby established a Department of Planning and Economic Development. The
Department shall consist of two divisions:
(1) Planning Division organized under IC 18 -7 (now IC 36 -7), and
(2) Economic Development Commission organized under IC 13 -6-4.5 (now IC 36 -7).
(0 There is hereby established a Department of Waterworks organized under IC 19 -3 -15 (IC
36 -9).
• (g) The members of the Board of Public Works and Safety are the Mayor and two voters of
the City who shall be chosen by the Nlayor and serve at his or her pleasure. The Chiefs of the Police
and Fire Departments and the heads of the Department of Law, Sewage and Electrical Systems, and
Street and Sanitation Department are appointed by the Mayor and serve at his or her pleasure (IC 36-
4-9). Pursuant to IC 36- 4 -9 -2, the Mayor shall appoint the heads of the Departments of Waterworks.
Parks and Recreation, and Planning and Development with the approval of the statutory board or
comrission operating the department. Such appointees serve at the pleasure of the Mayor (IC 36 -4-
11-2).
(h) Subject to the appropriation power of the common council, the foregoing Departments
shall have the ability to hire such employees, and purchase or contract for such materials or services
as the Board of Works and Safety or other governing board or commission deems necessary to
perform their public functions.
Section 3.
Legislative Branch
(a) The legislative branch of the City of Greencastle is the common council. The council shall
2
e have exclusive authority to adopt ordinances and appropriate tax monies received by the City, and
to perform other necessary and desirable legislative functions (IC 364-6).
(b) The clerk - treasurer shall be the clerk of the council and shall perform the duties prescribed
by IC 36 -4 -6 -9 and such others as the council may direct.
(c) The regular meeting date and time for the common council shall be at 7:00 o'clock p.m.
on the 2nd Tuesday of each month.
(d) The Mayor, or in his or her absence, the President of the council, shall be the presiding
officer of council pursuant to IC 364-6 -3, and meetings shall be conducted pursuant to the applicable
statutes (IC 36 -46 -10 through 17) and in accordance with the following rules which are hereby
adopted as a part of this ordinance.
(1) Order of Business
The order of business to be followed at a meetin, of the common council shall be as
follows:
(a) Calling to order.
• (b) Roll call by clerk- treasurer.
(c) Reading of minutes and approval.
(d) Petitions or comments of citizens.
(e) Reports from Committees, Boards and Commissions.
(f) Unfinished Business, including ordinances or resolutions already introduced.
(g) New Business, including introduction of ordinances and resolutions.
(h) Miscellaneous Business, including any matters not already considered.
(i) Adjournment.
(2) Contempt and Disorder in the Council Room
No persons shall use violent or contemptuous language, behave in a disorderly
manner, or refuse to obey the orders of the Mayor or presiding officer in the council
room while the common council is in session. The Mayor or presiding officer may
order the removal from the council room anyone who intentionally disturbs the
decorum of a council meeting.
r �
-J
3
" ( 3 ) I n t r o d u c t i o n a n d A d o p t i o n o f O r d i n a n c e s a n d R e s o l u t i o n s
( a ) A l l o r d i n a n c e s s h a l l b e r e g u l a r l y f i l e d w i t h t h e c l e r k - t r e a s u r e r p r i o r t o t h e c a l l i n g
t o o r d e r o f t h e c o u n c i l m e e t i n g a t w h i c h s u c h o r d i n a n c e s a r e t o b e c o n s i d e r e d .
( b ) A l l o r d i n a n c e s s h a l l b e r e a d t w o t i m e s b e f o r e b e i n g p a s s e d , a n d n o o r d i n a n c e s h a l l
p a s s o n t h e s a m e d a y i n w h i c h i t i s i n t r o d u c e d u n l e s s t h e p r o v i s i o n s o f I C 3 6 - 4 - 6 -
1 3 a r e c o m p l i e d w i t h . S u c h o r d i n a n c e s m a y b e r e a d b y t i t l e o n l y a t t h e w i l l o f t h e
c o u n c i l w i t h s e c o n d r e a d i n g s .
( c ) R e s o l u t i o n s s h a l l b e s u b j e c t t o t h e s a m e r u l e i n m e t h o d o f i n t r o d u c t i o n a n d
a d o p t i o n a s o r d i n a n c e s e x c e p t t h a t r e s o l u t i o n s s h a l l b e r e a d o n l y o n c e .
( d ) O n t h e p a s s a g e o r a d o p t i o n o f a n y o r d i n a n c e o r r e s o l u t i o n t h e y e a s a n d n a y s s h a l l
b e t a k e n a n d e n t e r e d i n t h e r e c o r d , a n d t h e o r d i n a n c e s h a l l b e p r o c e s s e d i n
a c c o r d a n c e w i t h I C 3 6 - 4 - 6 - 1 4 t h r o u g h 1 7 .
( 4 ) O u e s t i o n s o f O r d e r
T h e M a y o r o r p r e s i d i n g o f f i c e r s h a l l d e c i d e a l l q u e s t i o n s o f o r d e r . H e o r s h e s h a l l
" d e c i d e w h e t h e r a n y q u e s t i o n s u b m i t t e d t o t h e c o u n c i l f o r a d o p t i o n o r r e j e c t i o n i s
d e c i d e d i n t h e a f f i r m a t i v e o r n e g a t i v e .
( 5 ) A p p e a l F r o m D e c i s i o n o f P r e s i d i n g O f f i c e r
F r o m a n v d e c i s i o n o f t h e p r e s i d i n g o f f i c e r a n y m e m b e r m a y a p p e a l t o t h e c o u n c i l .
T h e a p p e a l s h a l l b e b y m o t i o n d u l y m a d e a n d s e c o n d e d . A m a j o r i t y v o t e a s d e f i n e d
i n I C 3 6 4 - 6 - 1 1 i s n e c e s s a r y t o o v e r r u l e t h e c h a i r .
( 6 ) S u s p e n s i o n o f R u l e s
T h e O r d e r o f B u s i n e s s m a y b e s u s p e n d e d b y a t w o - t h i r d s ( 2 / 3 ) v o t e o f t h e m e m b e r s
o f t h e c o u n c i l .
( 7 ) A b s t e n t i o n
I n t h e e v e n t o f a n a b s t e n t i o n i n t h e c o u r s e o f v o t i n g o n a n y i s s u e c o m i n g b e f o r e t h e
c o u n c i l , s u c h a b s t e n t i o n m a y b e c o u n t e d b y t h e M a y o r a s a y e s o r n o v o t e s o a s t o
c r e a t e a t i e i n o r d e r t o e n a b l e o r p e r m i t t h e M a y o r t o v o t e .
( e ) T h e c o m m o n c o u n c i l s h a l l b e c o m p o s e d o f f i v e ( 5 ) m e m b e r s , f o u r ( 4 ) o f w h o m a r e
0 e l e c t e d f r o m d i s t r i c t s a n d o n e ( 1 ) o f w h o m i s e l e c t e d a t l a r g e . T h e d i s t r i c t s a r e a s f o l l o w s :
4
® (1)
Councilmanic district one shall be composed of Ward 1.
(2)
Councilmanic district two shall be composed of Ward 2.
(3)
Councilmanic district three shall be composed of Ward 3.
(4)
Councilmanic district four shall be composed of Ward 4.
(5)
Councilmanic district at large shall consist of the entire city.
Redistricting of councilmanic districts shall be done at the option of the council in 1982, and shall
thereafter be done every 10 years in accordance with IC 36 -4 -6 -4 and 5.
Section 4.
Fiscal Branch
(a) The clerk - treasurer is the fiscal officer of the city and the head of the fiscal branch. He
or she shall perform the duties assigned by IC 36 -4 -10, and such other duties as the common council
may, by ordinance, require.
(b) The clerk - treasurer is hereby authorized, pursuant to 1C 36- 4 -11 -4, to appoint one (1)
deputy clerk - treasurer to be paid solely from funds appropriated for the Office of Clerk- Treasurer.
® such deputy shall work under the exclusive direction of the clerk - treasurer, and serves at the pleasure
of the clerk- treasurer.
(c) The clerk - treasurer shall furnish space within his or her office for the administration and
records of the city's utilities. The various utility clerks needed to manage the bookkeeping and
administrative requirements of the utilities shall be appointed and compensated by the board having
control of the utility the clerk serves. The utility clerks serve at the pleasure of the board which
appointed them. The clerk - treasurer shall be compensated for services he or she renders to the city's
utilities, and shall have the power to supervise the utility personnel in his or her office, subject to the
approval of the governing boards of the various utilities.
Section 5.
Statutory Boards and Commissions
(a) There shall be a Police Pension Board of Trustees to perform certain duties prescribed
by IC 36 -8 -6 (1925 Fund) and IC 36 -8 -8 (1977 Fund) concerning the statutory pensions of city
police.
(b) There shall be a Firefighters' Pension Board of Trustees to perform certain duties
5
prescribed by IC 36 -8 -7 (1925 Fund) and IC 36 -8 -8 (1977 Fund) concerning the statutory pensions
S of city firefighters.
PASSED AND ADOPTED by the common council of the City of Greencastle, Indiana this
LP � ` day of January 1997.
Nancy A. NC hael, Mayor
Presiding O cer
ATTEST:
n
l J
Pamela S. Jones, Clei— OTreas�er
I.
Presented by me to the Mayo of Greencastle, Indiana this � � day of January 1997,
at . �7 o'clock M.
Pamela S. Jones, Clerk - Treasurer)
Approved and signed by me this day of January 1997, at (� o'clock p.m.
Nancy A. Mic I el, Mayor
ATTEST:
111 a_ �Y�e
Pamela S. Jones, Clerk- Treasur r
6cor \ord97 -1.Lah
E