HomeMy WebLinkAbout03) Title 3 Administration TzT'E ~ ADMINIS'I'RAT~ON
Chapter
~0. COMMON COUNCIL
3~. C~ O~C~S
3~. POLICE D~~
~. O~ D~~S, BO~S, ~ CO~SIONS
~. ~L~ POLICES, ~'~ AC~ON
~. ~ POM~
37. ~S
~. E~CS ~ CO~ICTS OF ~'r~ST FOR C~ O~C~S ~
~S
2 Jeffersor.~fle -
CHAPTer. ~ COMMON COUNCIL
Section
30.01 Composition
30.02 Regular and special meetings; meetings to be public
30.03 Presiding officer
30.04 Quorum
30~05 Robert's Rules of Order applicable
30.06 Meeting called to order
30~07 Order of business
30.08 Introduction, adoption of ordinances
30.09 Voting by Mayor
30.10 Common Council Secretary Cabinet
30.11 Discussion, debate and public comment
30.20 Five districts established
30.21 District 1 precincts
30.22 District 2 precincts
30.23 District 3 precincts
30.24 District 4 precincts
30.25 District 5 precincts
GE~ PROVISIONS
§ 30.01 COMPOSITION.
The Common Council shall be composed of seven members, with five members representing the
councilmanic districts in which they reside and selected by the residents thereof, and two being elected
on an at-large basis in the manner provided by state law.
('77 Code, § 2-66)
Sta~tozy r~:
Composition o£ Common Council, see IC 3~4-6-4
§ 30.0~. I~G'ULA~ AND SPECIAL ~TIN~S; Nuc~'ru4GS TO BE PUBLIC.
(A) Regular Meetings. Except as otherwise provided, the regUlar meetings of the Common Council
shall be held as follows:
3
4 Je~mom, flle- Administrat~n
(1) On the first Monday of each month at 7:30 p.m. in the Common Council Chambers in the
City-County Building, Jeffersonville, Indiana.
(2) On the third Saturday of each month at 9:30 a.m. in the Mayor's Conference Room of the
City-County Building, Jeffersonville, Indiana.
('77 Code, § 2-68) (Ord. 68-OR-10, passed 5-6-68; Am. Ord. 88-OR-4,
passed 2-20-88)
(B) Special Meetings. The Mayor may call the Common Council into special meeting pursuant to
the provisions of IC 36-4-6-7.
(1) Pursuant to the provisions of IC 36-4-5-8, if an Acting Mayor has been appointed, the Acting
Mayor may call the Common Council into a special meeting.
(2) In the event that the Mayor or the Acting Mayor, if one has been appointed, is absent from
her or his duties, ill, or injured, the President Pro Tempore of the Common Council may call the Council
into a special meeting.
(3) A maiority of the elected members of the Common Council may call the Council into a
special meeting.
(4) The individual requesting the special meeting shall initiate the meeting by making request
of the Clerk-Treasurer, who shall, acting in his capacity as Secretary to the Common Council, notify all
members of the Council of the date, time, and place of the special meeting. In addition, the Clerk-
Treasurer shall notify the Mayor, the City Attorney, and all members of the local press who have
requested notification pursuant to state law.
('77 Code, §§ 2-69, 2-70) (Ord. 84-OR-20, passed 4-5-84)
(C) Public Meetings Required. All meetings of the Common Council shall be public. ('77 Code,
§ 2-71)
Sta tutorf reference:
Meetings, see IC
§ 30.03 PEESIDING OFFICER.
(A) Except as otherwise provided by state law, the Mayor shall preside at all meetings of the
Common Council; ('77 Code, § 2-72)
(B) In the absence of the Mayor at a meeting of the Common Council, the Council shall choose
a President Pro Tempere from its members. ('77 Code, § 2-73)
Statutoo, re~r~e:
Presiding officer, see IC 8~4-~8
§ 30.04 QUORUM_
A majority of the members-elect of the Common Council shall constitute a quorum.
('77 Code, § 2-74)
~ommon Council
$~a~orF refaren~e:
Quorum defined, see IC $6-4-6-I0
§ 30.08 ROBERT'S RULES OF ORDER APPLIGABI~.
There is hereby adopted for the purpose of determining the procedure to be followed by the
Common Council and any committees thereof to the extent not inconsistent with the provisions of this
chapter, the most current edition of that publication known as Robert's Rules of Order. Two copies of
this publication are on file in the office of the Clerk-Treasurer for public inspection.
('77 Code, § 9.-75)
§ 30.08 I~,,-:,':'I'ING CALLED TO ORDER.
At the designated hour for starting a meeting of the Common Council, the Mayor, or in his absence,
the President Pro Tempore shall take the chair if a quorum of the members of the Council is present and
call the meeting to order.
('77 Code, § 9-?6) (Ord. 68-OR-10, passed 5-6-68)
§ ~0.0'/ ORDER OF BUSINESS.
The order of business to be conducted by the Common Council shall be as follows:
(A) Roll call.
(B) Reading of the minutes of the previous meeting.
(C) Presentation and action on bills and claims.
(D) Deferred or unfinished business.
(E) Presentation of petitions, memorials, or remonstrances.
(F) Reports of standing committees.
(G) Reports of special committees.
(H) New business.
('77 Code, § 2-78) (Ord. 68-OR-10, 5-6-68)
§ 30.08 INTiiODUCTION, ADOPTION OF ORDINANCES.
(A) In accordance with lC 36-4-6-17, the ordinances and resolutions adopted by the Common
Council shall be recorded by the Clerk-Treasurer in the minute books of the Council, and a copy kept
in an ordinance file. Due proof of publication of all ordinances requiring publication, together with the
affidavit of the printer or publisher, shall be obtained by the Clerk-Treasurer and attached to the original
of each ordinance adopted by the Council in the minute book of the Council. ('77 Code, § 1-6)
6 Je~monville - A~lmin/stration
(B) In accordance with IC 36-4-6-13, no ordinance shall be passed by the Common Council on the
same day or at the same meeting that itis introduced, except by unanimous consent of the Council, and
then only in case there are present and voting at least two-thirds of the members-elect of the Council.
('77 Code, § 2-79)
(C) Each ordinance adopted by the Common Council shall, if directed by the Council, be published
by the Clerk-Treasurer in a newspaper of general circulation in the city and printed in the English
language, in two publications, each one week apart. Each ordinance shall take effect 14 days
subsequent to the date of the first publication, unless another date is later stated in the ordinance, in
which event it shah take effect upon the date so stated. Ordinances not requiring publicatiOn shall take
effect upon the date of their adoption unless a different date is stated in the ordinance. ('77 Code, § 1-7)
(1) In addition, an ordinance prescribing a penalty or forfeiture for a violation must, before it
takes effect, be published in the manner prescribed by IC $-3-1, unless:
(a) It is published under division (2) below; or
(b) There is an urgent necessity requiring its immediate effectiveness, the Mayor proclaims
the urgent necessity, and copies of the ordinance are posted in three public places in each of the
districts from which members are elected to the Common Council.
(2) If a city puhlishes the ordinance in book or pamphlet form, no other publication is required.
If an ordinance prescribing a penalty or forfeiture for a violation is published under this division, it takes
effect two weeks after the publication of the book or pamphlet. Publication under this division, if
authorized by the Common Council, constitutes presumptive evidence:
(a) Of the ordinances in the book or pamphlet;
(h) Of the date of adoption of the ordinances; and
(c) That the ordinances have been properly signed, attested, recorded, and approved.
(IC 36-4-6-14(b), (c))
(D) In accordance with IC 36-4-6-16, no ordinance, order, or resolution of the Common Council
which has been vetoed by the Mayor shall become a law unless at its next regular meeting after the time
named for the Mayor's action, the Council shall again pass the same by a two-thirds vote of the
members-elect. ('77 Code, § 2-80)
§ ~0,09 VOTII~G BY MEfOR.
In accordance with IC 36-4-6-8, the Mayor, while presiding at any meeting of the Common Council,
shall have a casting vote in case of a tie, but not otherwise.
C77 Code, § 2-77)
§ 30.10 (~OMMON COUNCI~ SECI~-~ARY
(A) A Common Council Secretary Cabinet is hereby established to better identify, def'me and
execute the governmental responsibilities and goals for the advancement of the effective operation of
government for the city.
(B) The delegation of responsibilities shall consist of seven elected Common Council members
given authority to hold their respective Secretary positions as mutually agreed upon between them and
assigned by the Common Council members. The Common Council Secretary Cabinet shall consist of
the following positions:
(1) Council Secretary for Interior/Natural Resources;
(2) Council Secretary for Labor Relations/Human Resources;
(3) Council Secretary for Environment/Public Safety;
(4) Council Secretary for Economic Development;
(5) Council Secretary for TransPortation;
(6) Council Secretary for Budget/Finance; and
(7) Council Secretary for Governmental/Community Relations.
(C) These appo/ntments to the Cabinet shall be undertaken and assigned at the fit'st meeting of the
Council for each year, which by statute is on the first Monday of January after its election.
(D) Prom time to time, at meetings, or otherwise, when matters are presented to the Common
Council and affect any of the seven Secretary positions, then the Common Council President shall assign
to the Council Secretary for that area, that particular issue and that Common Council Secretary shall be
required to report to the entire Common Council at its next meeting what action if any has been taken,
the status of the issue and further state, if necessary, a recommended course of action. If the Council
Secretary fails to act in any of the respects noted above, then the Common Council President is free to
reassign that particular issue to whatever Council Member is willing to accept the assignment.
(E) The respective Council Secretary shall hold and chair public hearings from time to time as
deemed necessary by the Council Secretary to gather pertinent data to assist in the most advantageous
direction for the city if it is inclined to pursue a related matter.
(F) After these public hearings have been held, the data gathered shall be prepared in a "Fact
Finding Report" form by the Council Secretary. The Council Secretary shall then present the report
along with a written recommendation plan to the Mayor of the city for his review and recommendation.
(G) The Mayor of the city, upon receiving the "Fact Finding Report", shall have ten days to respond
in writing to the report indicating whether he approves of the recommendation, dissaproves of it, or has
an alternative plan. If the Mayor fails to act upon the reported f'mdings within the ten days, then the
chairing Council Secretary shall next present the full report along with his or her written recommendation
plan to the full Common Council of the city for the/r review, consideration and action. When the issue
involved is characterized by the Council Secretary as requiting "substantial action", the Mayor may
request additional time from the Council Secretary to respond to the report and for those times he shall
be granted by the Council Secretary at least a ten day but no more than a 30 day extension.
(H) To provide for a more effective operation of government and to keep the elected officials
updated as to the condition of the city, at least one time per year the Mayor and/or the President of the
Common Council shall publicly give an address to be known as "The State of the City" address which
sets forth the state of affairs of the city, including its financial condition and what proiects, ~ any, said
elected official intends to pursue in the upcoming year for the city.
(Ord. 93-OR-35, passed 6-8-93)
§ 30.11 DISCUSSION, DEBATE AND PUBLIC COMlVlEN'I'.
(A) The Common Council and its membem shall adhere to Robert's Rules of Order when engaging
in debate, discussion or comment upon issues which are presented to the Council.
(B) The Council shall allow public comment, discussion and debate upon all issues which are
brought before the Council.
(C) Public comment, discussion and debate shall be limited to three minutes per speaker.
(D) Public comment, discussion and debate shall not exceed a total of 15 minutes and no single
speaker shall be entitled to "yield" the remainder of this three minutes to any other individual.
(E) The President of the Council is responsible for timing said comment, discussion and debate and
shall notify the City Attorney when said individuals comment, discussion or debate has exceed three
minutes.
(F) The City Attorney shall notify the speaker of this fact and advise said speaker to yield the floor.
(G) The Council may extend the time for public comment, discussion or debate by motion of a
member.
(H) The Council may lim/t comment, discussion or debate by motion of a member and upon a
majority vote of the Council.
(Ord. 93-OR-23, passed 4-5-93)
COUNCILMANIC D~TFJCTS
§ 30.20 FIVE DISTRICTS ESTABLISHED.
The city is hereby divided into Ewe councilmanic districts. The boundaries of the districts shall be
as set forth in a map, as amended from time to time, located in the Clerk-Treasurer's office.
('7? Code, § 2-67) (Ord. 82-OR-41, passed 12-16-89.)
Statutor~
Councilmanic Dist~cts required, see IC 3~4-6 et seq.
common council 9
§ 30.21 DISTRICT I PRECINCTS,
District 1 encompasses the present voting precincts 1, 2, 4 and 5.
('77 Code, § 2-67) (Ord. 82-OR-41, passed 12-16-82; Am. Ord. 90-OR-47, passed 10-3-90i
§ 30,~,~ DISTF/CT ~ PKECINCTS.
District 2 encompasses the present voting precincts 3, 6 and 14
('77 Code, § 2-67) (Ord. 82-OR-41, passed 12-16-82; Am. Ord. 90-OR-47, passed 10-3-90)
§ 30.23 DISTRICT $ PKECINCTS.
District 3 encompasses the present voting precincts 7,8 and 9.
('77 Code, § 2-67) (Ord. 82-OR-41, passed 12-16:82; Am. Ord. 90-OR-47, passed 10-3-90)
§ 30.24 DISTI~.ICT 4 PRECINCTS.
District 4 encompasses the present voting precincts 12 and 15, and also those portions of
Jeffersonville Township precincts 25 and 26 which are currently within the boundaries of the city,
specifically including the Meadows Subdivision, and all other contiguous territory annexed by the terms
of Ord. No. 89-OR-48, as such precincts are officially established by the Clark County Commissioner for
1990.
('77 Code, § 2-67) (Ord. 82-OR-41, passed 12-16-82; Am. Ord. 90-OR-47, passed 10-3-90)
§ 30.25 DISTRICT 5 Pi~ECINCTS.
District 5 encompasses voting precincts 10, 11, 13 and 19
('77 Code, § 2-67) (Ord. 82-OR-41, passed 12-16-82; Am. Ord. 90-OR-47, passed 10-3-90)
10 Je~erso~ - ~tion
CHAP'r~:~ 31: CITY OFFICIALS
Section
31.01 Officers and employees not to be ]i~l~le for failure to perform duties
31.02 City elections
31.03 Residency
31.04 Oath
31.05 Bond
31.06 Vacancies in office
31.07 Duty to surrender effects of office
31.08 Compensation of elected, appointed officials
31.09 Turning over sums collected on behalf of city
31.10 Ret/rement and pensions
31.20 Mayor
31.21 Clerk-Treasurer
31.22 City Judge
31.23 City Attorney
31.24 City Engineer
31.25 Street Commissioner
31.26 Fire Marshal
31.27 Commissioner of Buildings
Ethics and conflict o£ interest [or city officials and emplOYees - see Ch. 35
G'E~I, PROVI~ONN
§ $1.01 O~-'~-'~CERS AND EMPLOYEES NOT TO BE LIABLE FOR FAILURE TO PERFORM DD'r~S.
Unless other'~se specifically provided, no city officer or employee shall be punished pursuant to
§ 10.99 of this code for the failure to d° anY official duty or official act imposed upon him in his capacity.
('77 Code, § 1-11)
11
12 Jet.sonde - Adrr,f~..tk, n
§ 31.02 CIT~ ELECTIONS.
All city elections shall be conducted in the manner provided by law.
('77 Code, § 2-2)
City primaries and elections, see IC $-10-6-1 et seq.
Indiana E]ection Code, see IC $-5-14 et seq.
§ 31.03
Except as otherwise provided by state law, no person shall be eligible to any city office unless he
has been a resident of the city or an area being annexed thereto for at least one year immediately
preceding his election.
('77 Code, § 2-16)
Common Council members; residency requirements, see IC $6-4-6-2
§ 31.04 OATH.
Every elected or appointed officer of the city, before entering upon the duties of his office, shall take
and subscribe an oath, to be indorsed upon his certificate of election or certificate of appointment as
appropriate, before the Clerk-Treasurer or some other officer author/zed to administer oaths, that he will
support the Constitution of the United States and the Constitution of the State of Indiana, and that he will
faithfully discharge all his official duties. The oath shall also be filed with the Clerk-Treasurer.
('77 Code, § 2-17)
Oath of office, see IC 5-4-1-1
§ 31.08 BOND.
(A) Except as otherwise provided by state law, every city officer except the Mayor and the
members of the Common Council, shall execute a bond to the approval of the Mayor, in such penal sum
as the Council may enact by ordinance covering such cases, conditioned for the faithful performance
of the duties of his office and for the payment to the proper person of monies received by him as the
(B) The following officials shall pay a bond amount of at least $8500, as required by IC S-4-1-18:
(1) Police Commissioner
(2) Police Chief
(3) Chief of F/re Department
(4) City Attorney
(5) City Engineer
Cit~ 0~¢~ 13
(6) Street Superintendent.
('77 Code, § 2-18) (Ord. 1518, passed 1-4-60)
Bond, see IC 5-4-1-18
§ $1.06 VACANCIES IN OFFICE.
(A) Except as otherwise provided by state law, any city officer who shall not file the required oath
of office, or oath and bond of office, as the case may be, with the proper officer within ten days after the
begitming of the term for which he has been elected or appointed shall be deemed to have refused to
serve, and the office shall bo deemed to be vacant. ('77 Code, § 2-19)
(B) All vacancies in any city office shall be filled in the manner provided by law. ('77 Code, § 2-21)
Stat~toz'y z'mf~er~:
Filling vacancies, see IC $-i$-1-1 et seq.
§ 31.0~ DU'I~ TO $~ER ,st-'i-'~:CTS OF OFFICE.
Every city officer or employee, upon the termination of his employment or service whether by
resignation or otherwise, shall surrender to his successor in office all of the effects of his office or
position.
('77 Code, § 2-22)
§ 31.08 CO1VIPE19'SATION OF ELEC'r~L~, APPOII~'£~r~J O¥i-'iCIALS.
(A) The salaries of the elected officials of the city shall be as established by the Common Council
in accordance with IC 36-4-7-2.
(B) The Mayor, with approval of the Common Council, shall establish the amount of compensation
for city appointive officers and employees, in accordance with lC 36-4-7-3.
('77 Code, § 2-20) (Ord. 75-OR-3, passed 3-17-75)
§ 31.09 'I'U~G OVER SUIVIS COI~,EC'A'~:;u ON BEI~F OF CITY.
Except as may be otherwise provided, every city officer or employee shall turn over, at least once
a week, to the Clerk-Treasurer all sums collected or held hy such person on behalf of the city.
('77 Code, § 2-23)
§ al.10 I,u~'riaEMENT AND PENSIONS.
(A) The city hereby elects to become a participant in the State Public Employees' Retirement Fund.
(B) The city hereby agrees to make the required contributions to the State Public Employees'
Retirement Fund, including specifically the "Indiana Public Employees Social Security Coverage Act."
14 JeEersonvflle -
(C) The active participating membership of the city shall begin on January 1, 1971.
('77 Code, § 2-24) (Ord. 70-OR-24, passed 10-24-70)
Pubfic Employees' Retirement Fund Act, see IC 5-10.3-1-1 et seq.
~ocial Secu~(y coverage for public employees, see IC 5-10.M-I
et seq.
§ 31.10 MAYOR.
(A) The term of office of the Mayor shall be for four years and until his successor in office is
elected and qualified. ('77 Code,§ 2-51)
(B) The Mayor shall approve or disapprove in writing, within ten days of receiving the same, every
ordinance, resolution, or order of the Common Council, and shall transmit to the Council, within that time,
a message announcing the approval or veto. In case of a veto he shall state in writing his reason
therefor. If the Mayor fails to do same, the failure shall be deemed a veto. ('77 Code, § 2-52)
(C) If the city should suffer a disaster such as a tornado, snow storm, flood, riot, or other similar
catastrophe, the Mayor is hereby authorized to issue and enforce any decrees and to expend any funds
necessary to operate the city in order to protect life, properly, and welfare.
(1) The emergency powers granted to the Mayor in this section shall become effective
immediately upon a public announcement by the Mayor or his delegate in any of the news media.
(2) If any such disaster should occur the Mayor is hereby authorized to designate those
individuals he deems necessary to be officers of the law equipped with emergency police powers.
(3) It shall be unlawful for any person to disobey any decree promulgated pursuant to this
section.
('77 Code, § 2-53) (Ord. 67-OR-17, passed 8-21-67)
(D) In addition to the powers and duties provided by this section, the Mayor shall have all other
powers and duties provided by state law. ('77 Code, § 2-54)
Mayor, see lC 36-4-5-1 et seq.
§ 31.P. 1 C'hERK-TREASURER.
(A) The term of office of the Clerk-Treasurer shall be for four years and until his successor in office
is elected and qualil~ed. ('77 Code, § 2-92)
(B) The Clerk-Treasurer shall have the powers and duties provided by law. ('77 Code, § 2-93)
(C) Before the Clerk-Treasurer enters upon the discharge of his duties, he shall execute a bond
payable to the city in the penal sum of $75,000 conditioned for the faithful discharge of the duties of his
City
office. In addition, bond for each one of the deputies for the Clerk-Treasurer's office is set at $2,000
apiece.
Clerk-Treasurer, see lC 36-4-6-9 and 36-4-10-1 et seq.
(A) There is hereby established the office of City Judge. '77 Code, § 2-105) (Ord. 1496, passed
3-24-59)
(B) The City Judge shall be elected in the manner provided by law. ('77 Code, § 2-106) (Ord. 1496,
passed 3-24-69)
(C) The City Judge shall serve for a term of four years and until his successor in office is elected
and qualified. ('77 Code,§ 2-107)
(D) Before the City Judge enters upon the discharge of his duties, he shall execute a bond payable
to the city in the penal sum of at least $8500 as established under IC 5-4-1-18 conditioned for the faithful
discharge of the duties of his office. ('77 Code, § 2-108)
(E) The City Judge shall have the powers and duties provided by state law. ('77 Code, § 2-109)
(Ord. 1496, passed 3-24-59)
Municipal courts, see IC 33-10.1-1-3
Bond, see IC 35-10.L3-I.I
§ 31.23 GI'IT ATTOP,.NE~.
(A) In accordance with IC 36-4-9-8, the City Attorney shall be appointed by the Mayor. ('77 Code,
§ 2-121)
(B) The City Attorney shall have the qualifications provided by law. ('77 Code, § 2-122)
(C) The bond of the City Attorney shall be as set forth in§ 31.05. ('77 Code, § 2-123) (Ord. 1518,
passed 1-4-60)
(D) The City Attorney shall be in charge of the Department of Law. ('77 Code, § 2-124)
(E) The City Attorney is hereby authorized to secure the services of additional attorneys as he may
deem necessary to assist him in any litigation in which the city is involved. ('77 Code,§ 2-125) (Ord.
1498, passed 6-1-59)
(F) In addition to the powers and duties set forth in this code, the City Attorney shall have other
powers and duties as may be provided by law. ('77 Code, § 2-126)
Stafutoor re[erence:
City Attomey, see IC 36-4-9-8, 36-4-9-11, and 36-4-9-12
16 Jelka'mm~le - ~tion
§ 31.24 CI'l.r ENCrI~,-:,-:~.
(A) In accordance with lC 36-4-9-8, the City Engineer shall be appointed by the Mayor. ('77 Code,
§ 2-138)
(B) The City Engineer shall have the powers and duties provided by law. ('77 Code, § 2-139)
§ 31.25 S'l~"':l'-~r COMMISSIONER.
For provisions concerning the Street Commissioner see § 97.04 and 93.30.
§ 31.26 r'm.E MARSHAL.
For provisions concerning the Fire Marshal see § 92.52.
§ 31.27 COMMISSIOI~rm OF BUII,DI~G$.
For provisions concerning the Commissioner of Buildings, see §§ 150.009 and 150.010.
POLICE DEPARTMENT
Sec~on
32.01 Authority to retain badge and weapon upon retirement
32.02 Longevity pay
32.03 Police Officem' Pension and Disability Fund established
32.04 Collection of fees for inspoction of motor vehicles; Vehicle Inspection Fund
§ 32.01 AUTHORITY TO RETAIN BADGE AND w~*.PON UPON
When an eligible sworn police officer retires after at least 20 years of service, or when a sworn
police officer retires as a result of a line of duty medical disability as determined by the Police Pension
Board, he is authorized to retain his badge and service weapon in recognition of his service to the Police
Department and the public. Upon his retirement, the Department shall issue to him a retirement badge
and an identification card that gives his name and rank, signifies that he is retired, and notes his authority
to retain his badge and service weapon.
('77 Code, § 15-5) (Ord. 77-OR-3, passed 2-7-77; Am. Ord. 86-OR-20, passed 6-2-86)
§ 32.02 LoNGL~'r~ PAY.
All police officers shall receive longevity pay in the amount of 1% of first class patrolman's base pay
for each year of successive service in the police department. This longevity pay shall be subject to a
maximum of 20 years serv/ce, or 20% of said base pay as set forth above. Longevity pay shall commence
one year after starting employment with the Department, provided that SUch employees have satisfactorily
completed their probationary employement period. For each year thereafter, longevity pay shall be
computed on the anniversary date of each officer's employment.
(Ord. 88-OR-50, passed 10-22-88)
§ 32.03 POLICE OFFICERS' PENSION AND DISABILITY FUND ESTABLISI'r~.
(A) There is hereby created a Police Officers' Pension and Disability Fund in accordance with
IC 36-8-8~1 et seq. ('77 Code, § 15-3) (Ord. 1189, passed 12-4-44)
(B) For pension eligibility purposes only, a F~,ST-G'LASS PATBOL O~-k'~E.~is defined as a police
officer, other than the Chief of Police or any other ranking officer, with 20 years of active service as a
regular permanent police officer on the Police Department for the city. ('77 Code, § 15-6) (Ord. 78-OR-
11, passed 4-3-78)
(C) So long as a longevity ordinance for police officers is kept in force as set forth in § 32.02 above,
the amount of a widow's pension shall be determined and based upon longevity pay along with normal
base pay. Widows who were drawing pensions before a longevity ordinance was passed shall be
17
18 Jefl'e~-sonville - Admin~ion
entitled to the benefits of the longevity ordinance and of this section. ('77 Code, § 15-4) (Ord. 1571,
passed 10-2-61)
§ 3~.04 (~OI~EC"i'ION OF r'~:,'S FOR II~PECTION OF MOl'OR VEI'IICL~.$; VEHICL~ I~PECTION
FUND.
(A) Commencing July 1, 1988, the City Police Department is hereby authorized to collect an
inspection fee not to exceed $5 for each motor vehicle it inspects upon the application form prepared
by the State Bureau of Motor Vehicles.
(B) The exact amount of the fee to be charged shall be regulated by the City Board of Public Works
and Safety subject to the limitations set forth above.
(C) The revenue collected from the inspection fees shall be deposited at least once each week with
the office of City Clerk-Treasurer in the special account hereby established and entitled the Vehicle
Inspection Fund.
(D) It is further understood that monies deposited into this Vehicle Inspection Fund shall be
appropriated by the Common Council for other law enforcement purposes.
(E) The POlice officer making such inspection shall further issue a receipt for such on General Form
No. 352 for each fee collected hereunder.
(Ord. 88-OR-20, passed 6-18-88)
Section
33.01 Establishment
33.02 Composition
33.03 Appointment of Chief
33.04 Appointment of Firefighters
33.05 Longevity pay
33.06 Firefighters' Pension and Disability Fund established
33.07 Firefighting Fund
33. t 5 Application
33.16 City authorization required
33.17 Rules and regulations
33.18 Payment of fees required; liability
33.19 Effect of provisions
33.20 Prohibitions; actions limited
Cro~-r~erence:
Bureau o£ Fire Prevention, see §§ $4,085 - $4.090
~;t~L PROVINIONS
§ 33.01 t~$TABLISHIVI]~,
There is hereby established a Fire Department.
('77 Code, § 8-34)
§ 33.0~. COMPO$1TION.
The Fire Department shall be composed of a Chief of the Fire Department and other personnel as
may be provided by law.
('77 Code, § 8-35)
§ 33.0~ APPOINTMENT OF C]~!~:~'.
The Chief of the Fire Department shall be appointed by the'Mayor, as set forth in IC 36-4-9-8.
('77 Code, § 8-37)
19
20 Je~onville - A~ln~in~t~ti~n
§ 33.04 APPOII~'TMEI~ OF
All firefighters, except the Chief of the Fire Department, shall be appointed by the Board of Public
Works and Safety in the manner provided by law.
('77 Code, § 8-36)
§ 33.08 l,ONG-'~vrl~' PAY.
All firefighters shall receive longevity pay in the amount of 1% of a first class firefighter's base pay
for each year of successive service in the fire department. This longevity pay shall be subject to a
~um of 20 years sen, ice, or 20% of said base pay as set forth above. Longevity pay shall commence
one year after starting employment with the department, provided that such employees have satisfactorily
completed their probationary employment per~od. For each year thereafter, longevity pay shall be
computed on the anniversary date of each firefighter's employment.
(Ord. 88-OR-49, passed 10-22-89)
§ 33.06 ~'iGHTERS' Pt~N$ION AND DI~A~IL1T~ ~ EST~LISJ4~'~.
(A) The Common Council hereby elects to and there is hereby established a Firefighters' Pension
and Disability Fund as provided for under IC 36-8-8-1 et seq., as amended, and the provisions thereof in
relation to the Fund shall apply to and govern this city. ('77 Code, § 8-40) (Ord. 1175, passed 2-7-74)
(B) For pension eligibflity purposes only, a ~-7.r,~/'- Cr.,~,.~S ~-~_~-iG/./~:,;~ is defined as a fire fighter,
other than Fire Chief or any other ranking officer, with 20 years of active sen'ice as a regular permanent
firefighter on the Fire Department for the city. ('77 Code, § 8-42) (Ord. 78-OR-11, passed 4-3-78)
(C) So long as a longevity ordinance for fireftghters is kept in force as set forth in § 33.05, the
amount of a widow's pension shall be determined and based upon longevity pay along with normal base
pay. Widows who were drawing pensions before a longevity ordinance was passed shall be entitled to
the benefits of the longevity ordinance and of this section: ('77 Code, § 8-41) (Ord. 1571, passed 10-2-
61)
There is hereby established a special fund to be known as the Jeffersonvflle Firefighting Fund,
into which funds collected in connection with this section shall be placed and which shall be used
solely for the purchase of firefighting equipment and necessary supplies required by the Fire Department.
('77 Code, § 8-53) (Ord~ 1471, passed 1-6-58)
C,~.~$ OUTSID£ ~TY I.41t4FI'$
§ 33.18 APPLICATION.
The provisions of this subchapter shall apply to all' firefighting calls made outside the city limits by
the Fire Department, except as may be otherwise provided by a mutual aid agreement.
('77 Code, § 8-48)
§ ~.16 Cl'l~f AUTHOP,.~.,ATION
Before any city fire fighting service shall be rendered to any person who resides outside the city
limits, pennk~ion for the run must be given by the fire officer in charge and in control of the fire
station which received the call, due consideration being given that the city proper is left adequately
protected.
('77 Code, § 8-49) (Ord. 1471, passed 1-6-58)
§ ~*~.17 RULES AND REGUI~TIONS.
The Chief of the Fire Department shall prepare the rules and regulations he deems necessary for
the furtherance of the provisions of this subchapter. However, the rules and regulations shall provide
that the Chief may call any equipment back to the city if needed, and that in no case shall more than two
pieces of equipment be sent out of the city at any one time.
('77 Code, § 8-50) (Ord. 1471, passed 1-6-58)
§ 33.18 PAYMEI~ OF ~'~4~S P, EOU~ED; LIABILITY.
(A) Whosoever calls and requests firefighting assistance outside the city limits from the city shall
give their name and address, and their promise to pay for the run if the run is made.
('77 Code, § 8-51) (Ord. 1471, passed 1-6-58)
(B) The Fire Department shall charge, bill, and collect for a service call to any property outside of
the city limits the sum of $300 per apparatus. The owner of the property for whose benefit the service
is rendered shall be the person liable for the fee. ('77 Code, § 8-52) (Ord. 1649, passed 8-2-65)
§ 33.19 ~'~'=CT OF PROVISIONS.
Nothing in this subchapter shall be construed to mean that the Fire Department shall be under any
legal obligation to leave the city for the fighting of fires, regardless of whether compensation is offered
or not offered.
('77 Code, § 8-54) (Ord. 1471, passed 1-6-58)
§ 33.~.0 PROH~ITIONS; ACTIONS LIMITED.
The Fire Department is prohibited from responding on the f'~t alarm to fire alarms outside the
corporate city limits of the city, with the following exceptions:
32 Je~e~onv~le -
(A) The area previously agreed to by and with the Town of Clarksvi/le, Indiana, and, more
specifically, the area bounding Missouri Avenue.
(C) The Fire Department ~f the city sha~~ pr~vide first a~arm mutua~ aid t~ the McCu~~och Vo~unteer
Fire Department between the hours of 7:00 a.m. and 5:00 p.m. Monday through ~"riday at the following
schools located in the McCulloch Volunteer Fire Department protection area; Rivervalley Middle Sc heel,
Wilson Elementary School, and Pdve~side Elementary School, as more fully described in a certain mutual
aid agreement entered into by and between the city through its Board of Public Works and the
McCulloch Volunteer ¥irefighters Association.
('77 Code,§ 8-55) (Ord. 77-OR-4, passed 2-7-77; Am. Ord. 87-OR-14, passed 3-9-87)
34: OTHER DEPAI~TMENT$, BOARDS AND COMMISSIONS
Section
Bos~ of M~ Control
34.001 Established
Board/Dop~ ~..~nt W/Oar/cs and Beirut/on
34.025
34.026
34.027
34;038
34.029
34.030
34.031
34.032
Establishment of Department
Composition of Board; bond
Ex officio members of Board
Terms of members
Meetings
Powers, duties of Board
Annual budget
Gifts and bequests
Board o! ~ Worl~ and Safety
34.040 CompositiOn; bond
34,041 Clerk
34.042 Powers, duties
34.055 Established
34.065 Established
Burea. of.r~ Bzo,~ntion
34.075 Established
~omm/ss/on on Huma~
34.085
34.086
34.087
34.088
34.O89
34.090
Establishment
Merrdnership
Meetings
Selection of officers
Employment of Executive Dffector or Other personnel
Expenses
23
24 Je~e~om,flle - Admi~u..tion
34.091
34~092
34.093
34.094
34.120
34.121
34.122
34.123
34.124
34.125
34.126
34.127
34.128
34.129
34.130
34.140
34.141
34.142
34.143
34.144
34.145
34.146
34.147
34.148
34.149
34.150
34.151
34.165
34.175
34.185
Authority to accept contributions
Special reports and annual report
Relationship with city departments and agencies
Powers and duties
Established
Selection of Commissioners
Terms of Commissioners
Residency, age requirements
Vacancies
Oath of office; bond
Compensation
Officers
Meetings
Rules, bylaws
Powers, duties
Created
Composition; terms
Oath
Compensation
Removal of members
Vacancies
Bylaws, rules
Meetings
Selection of officers
Powers, duties
Assessment of fee for ]Economic Development Commission bonds
F~ir Housing
Established
Established
Housm~r ~ ~
Established
34.195 Composition
34.196 Citizen members; qualifications; terms
34.197
34.198
34.199
34.200
34.201
34.202
34.203
34,210
34.211
34.212
34.213
34.214
34.215
34.225
34.226
Certification of members
Election of officers
Secretary and other employees; compensation
Quorum; official action
Meetings
Powers, duties
Contents of notices
Establishment; membership
Responsibilities of authority
Funding for authority; budget
Agreement with city
Purchase of property
Point of focus for downtown
Authority
Establishment; purposes
Membership
BO~D OF IVlEGHANICAL
§ 34.001 ESTABLIS~':' ~.
For provisions concerning the Board of Mechanical Control, see § 150.016.
BOE~D/DI~ARTIVI~ OF P~ AND RECREATION
§ 34.025 ESTABI,I~HMENT OF DEPARTMENT.
Under the provision of lC 36-10-3 there is hereby reestablished a Municipal Department of Parks
and Recreation.
(Ord. 83-OR-18, passed 8-1-83)
§ 34.026 COMPOSITION OF BOARD; BOND.
A Park and Recreation Board shall be created composed of.'
(A) Four members appointed by the Mayor on the basis of theh' interest in and knowledge of parks
and recreation. No more than two members shall be of the same political party.
(B) One ex officio member who is a member of and appointed by the Board of School Trustees.
(C) One ex officio member who is a member of and appointed by the Library District Board.
(Ord. 83-OR-18, passed 8-1-83)
26 Jeffe~mn, tlle- Athninistrafion
(D) Before the members of the Board of Pubic Works and Safety enter upon the discharge of their
duties, they shall execute a bond payable to the cffy in the penal sum of at least $8,500 as established
under lC 5-4-1-18 conditioned for the faithful discharge of the duties of their office.
Members o£ Board, see IG $6-10-$-4
§ 34.0~7 EX OI:~glO MEMBERS OF BOARD.
The Library District and School Boards shall fill any vacancies of their ex officio members. Ex officio
Board members have all the rights of regular members, including the right to vote.
(Ord. 83-OR-18, passed 8-1-83)
Ex officio Board membem, see IC $~-10-$-4(d)
§ 34.028 '£~MS OF MEMBERS.
(A) Upon establishment of the Park and Recreation Board, the terms of the members initially
appointed shall be:
(1) One member for a term of one year,
(2) One member for a term of two years,
(3) One member for a term of three years, and
(4) One member for a term of four years.
(B) As a term expires, each new appointment is for a term of four years. All terms expire on the
in'st Monday in January, but a member shall continue in office until bis successor is appointed. If an
appointment for a new term is not made by the appointing authority by the first Monday in April, the
incumbent shall serve another term. If a vacancy occurs, the appointing authority shall appoint a new
member for the remainder of'the unexpired term.
(Ord. 83-OR-18, passed 8-1-83)
$t~t~tor,~ re, range:
Terms, vacancies, see IC 36-10-3-5
§ 34.029 I~':'~':TI~GS.
At its fu~t regular meeting in each year, the Board shall elect a President and Vice-President. The
Vice-President shall have authority to act as the President of the Board during the absence or disability
of the President. The Board may select a secretary either from within or without its own membemhip.
(Ord. 83-OR-18, passed 8-1-83)
Election o£ officers, see IC 36-10-3-8(c)
27
§ 34.0,~0 POwer, S, Db'rm_;S OF BOARD.
The Board shall have the power to perform all acts necessary to acquire and develop sites and
facilities and to conduct such programs as are generally understood to be park and recreation functions.
In addition the Board shall have all the powers and duties listed in lC 36-10-3-10 and 36-10-3-ll.
(Ord. 83-OR-18, passed 84-83)
§ 34.0~1 ANNUAl, BUDGET.
The Board shall prepare and submit an annual budget in the same manner as other departments of
city government as prescribed by the State Board of Accounts.
(Ord. 83-OR'18, passed 8-1-83)
§ 34.032 ~m-~'S AND BEQUESTS.
The Board may accept gifts, donations, and subsidies for park and recreation purposes.
(Ord. 83-OR-18, passed 8-1-83)
Stafutor~, ref~,'ence:
Gi~s and bequests, see IC $6-10-$-18
BOARD OF PUBLIC WOPJ~ AND SAFETY
§ 34.340 COMPOSITION; BOND.
The Board of Public Works and Safety shall be composed of the Mayor and two persons appointed
by the Mayor. Before the members of the Board of Public Works and Safety enter upon the discharge
of their duties, they shall execute a bend payable to the city in the penal sum of at least $8,500 as
established under IC 5-4-1-18 conditioned for the faithful discharge of the duties of their office.
('77 Code, § 2-151)
Sta~ufory
Esfablishment of Board of Public Works and Safety, see IC $6-4-9-$
Members, see IC 36-4-9-8(c)
§ 34.041 CL]~:~..
The Clerk-Treasurer shall be the clerk of the Board of Public Works and Safety.
('77 Code, § 2-152)
Sfatutory referent'e:
Clerk, see IC 36-4-9-8(c)
§ 34.042 POw~.~S,
The Board of Public Works and Safety sba/1 have the powers and duties provided by law.
('77 Code, § 2-153)
28 Je~ersonv~ - Administration
BOARD OF ZONfl~G
For provisions concengng the Board of Zoning Appeals, see §§ 156.70 through 156.78.
§ 34.065 I~STABLISI'I~ED.
For provisions concerning the Bureau of Buildings, see §§ 150.00t through 150.016.
~rlkEAU 0I~ ~ PP~Wk~fff~ON
§ 34.075 ESTABLISI-r~.
For provisions concerning the Bureau of Fire Prevention, see §§ 92.50 through 92.55.
CO--ION ON ~
§ 34.088 ESTABLISHMENT.
There is hereby established in the office of the Mayor a Commission on Human Relations, which
shall consist of seven members, serving without compensation, and broadly representative of the racial,
ethnic, political, religious, economic, educational, sex, handicap, and age groups within the city.
Nominees for membership on the Commission may include citizens of Jeffersonville, of Jefferson
Township, and of Clark County. Priority in selection and approval of a member to the Commission by
the Mayor and City Council from a 1/st of nominees shall be in the order as follows; citizens of
Jeffersonville shall have first priority, citizens of Jeffersonville Township shall have second priority, and
citizens of Clark County shall have third priority. Once appointed to the Commission, a member shall
serve the fu~J three years unless removed for cause by the Mayor. A member cannot be replaced solely
for reason of availability of a potential member of higher rank priority.
('77 Code, §§ 2-167, 2-168, 2-170, 2-174)(Ord. 1633, passed 4-5-65; Am. Ord. 85-OR-57, passed 10-7-85;
Am. Ord. 87-OR-17, passed 4-6-87)
(A) Names of nominees for membership shall be submitted by the Mayor, City Council members,
or Human Relations Commission members to the Commission forconsideration. The Commission shall
consider ali nominees and select the one individual of their choice by a majority vote. This name shall
be forwarded to the Mayor for approval and then to the City Council for their approval. Once approved
by the City Council, the new member shall be ~,vorn in by the city judge and assume member position
on the date designated by the Mayor.
Other ~t~ Boards ~1 Comn~l~s 29
(B) Of the five members first appointed, three shall be appointed for a one-year ten~, one shall be
appointed for a two-year term, and one shall be appointed for a three-year term. The last two shall be
appointed to serve for the remaining time of a two-year (one member) or three-year term (one member).
Thereafter, each appointment shall be for a term of three years. All appointments shall commence on
May 1.
(C) Commission members shall be eligible for appointment by the Mayor with the advice and
consent of the Common Council. If a member resigns or dies, the Mayor with the advice and consent
of the Common Council and the Commission shall appoint an individual to serve for the unexpired
portion of the term for which that member had been appointed. Commission members may be removed
by the Mayor for cause. Cause shall include, but not be limited to, failure to attend three consecutive
regularlY scheduled meetings.
('77 Code, § 2-171)(Ord. 1633, passed 4-5-65; Am. Ord. 85-OR-57, passed 10-7-85; Am. Ord. 93-OR-27,
passed 4-19-93)
The Human Relations Commission shall hold one regular meeting each month, and such special
meetings as deemed necessary by its chairperson. Regular monthly meetings shall be open to the
public. The majority of the members of the Commission shall constitute a quorum for the transaction of
the business of the Commission.
('77 Code, § 2-175)(Ord. 1633, passed 4-5~65; Am. Ord. 85-OR-57, passed 10-7-85)
§ 34.088 SELECTION OF O~'~'~CERS.
The Human Relations Commission shall elect a chairperson, a vice chairperson, and a secretary from
among its membership once each year at the regularly scheduled March meeting. These officers shall
assume office on May 1.
('77 Code, § 2-176)(Ord. 1633, passed 4-5-65; Am. Ord. 85-OR-57, passed 10-7-85)
§ ~4.089 EMPLOYMENT OF EXECUTIVE DIRECTOR OR OTl-m~ PERSONNEL.
The Mayor with the approval of the Human Relations Commission is authorized to appoint an
Executive Director or such other personnel as may be deemed necessary to assist the Commission in
implementing and administrating the provisions of this subchapter and Ch. 97. As enforcement is not a
power of this Commission, the Executive Director or other personnel also do not have enforcement
power directly from the Commission. Compensation to appointees shall be fixed by the Mayor. The
Director shall serve the interests of the citizens of Jeffersonviile as stated in Ch. 97, and shall repo~ to
the Mayor.
('77 Code, § 2-177)(Ord. 1633, passed 4-5-65; Am. Ord. 85-OR-57, passed 10-7-85)
Sis futory .mfen~ce:
Autho~ty to employ an Executive Director or other personnel, see lC ££-9-1-I£.1
30 Je/~ezso~ - Adm/n~' kllion
The expense attributed to the activities of the Human Relations Commission shall be. budgeted for
and paid out of funds provided by the City Council. The proposed budget for a given year will be
prepared for submission to the City Council by June 30 of the preceeding year,
('77 Code, § 2-178)(Ord. 1633, passed 4-5-65; Am. Ord. 85-OR-57, passed 10-7-85)
34.091 AUTHORITY TO ACCE~T COI~'ritIBUTIONS.
The Human Relations Commission is authorized to accept gifts, bequests, grants, or other payments,
public or private, to be used at the discretion of the Corrum/ssion in canying out its policy.
('77 Code, § 2-179)(Ord. 1633, passed 4-5-65; Am. Ord. 85-OR-57, passed 10-7-85)
§ 34.09~. SPECIAL REPORTS AND ANNUAL KEPORT.
The Human Relations Commission shall submit special written repons of its activities and of
recommendations pertaining to investigations of complaints to the Mayor and City Council as requested,
and also shall submit an annual report on the last day of April to the Mayor and City Council.
('77 Code, § 2-181)(Ord. 1633, passed 4-5-65; Am. Ord. 85-OR-57, passed 10-7-85)
§ 34.093 ~r.~.TIONSHIP w~'ri-/CITY' DEPARTMENTS AND A~.e.u~'CIES.
The service of all other city departments and agencies may be made available by their respective
heads of the Human Relations Commission at its request, and information in the possession of any
department or agency shall be furrfished to the Commission when it is requested. The Commission may
make recommendations to such departments and agencies for the effectuating of the purpose of this
section.
('77 Code, § 2-185)(Ord. 1633, passed 4-5-65; Am. Ord. 85-OR-57, passed 10-7-85)
At'Fn'matiwe action in city employment, see §§ $5.$0 - 55.$$
§ 34.094 POwt~,~ AND DD'r~S.
(A) General powers and duties of the Commission. The Commission on Human Relations shall act
in an advisory capacity to, and otherwise cooperate with, the State Civil Rights Commission and federal,
state, or local agencies, and with private organizations, individuals, and neighborhood associations in
order to effectuate the purpose of fi*ds subchapter and Ch. 97, and to futher comply with federal, state,
and local laws prohibiting discriminatory practices.
(B) Other general powers. Relating to any matter under investigation or in question before the
Commission, the Commission has the power to:
(I) Receive, investigate, hear, and conciliate complaints from any citizen of the city.
(2) Inquire into and initiate its own investigation of discriminatory practices, including
discrimination by any city official or city agency.
31
(3) Subpoena and compel the attendance of witnesses er the production of pertinent
documents and records within the county.
(4) Administer oaths and examine witnesses.
(5) Appoint hearing examiners or panels.
(6) Make finding and recommendations to the Mayor, which may include, but are net limited
to, the following:
(a) A recommendation that the complaint be filed with the State Civil Rights Commission
by the complainant. This shall be the procedure after initial review of the submitted complaint, and prior
to any investigation procedure by the Commission.
(b) Recorrumend cease and desist orders, or orders requ/ring remedial actions.
(c) Recommend that payment of actual damages, by respondent, be considered, except
that damages to be paid as a result of discriminatory practices relating to employment shall be limited
to lost wages, salaries, commission, or fringe benefits.
(d) Recommend that the institution of actions for appropriate legal or equitable relief in a
court of competent jurisdiction be initiated by the offended party.
(e) Recommend censure of the offending party by the City Council.
(f) Recommend to the Mayor and the City Council legislation to aid in canying out the
purposes of this subchapter and Ch. 97.
(7) Adopt rules and regulations concerning practice and procedure before the Commission,
which are consistent with the provisions and intent of this subchapter and Ch. 97, and which shall be
approved by the City Council.
(8) Create advisory committees and subcommittees as necessary to aid in effectuating the
purposes of this subchapter and Ch. 97.
(9) Prevent any person from discharging, expelling, or otherwise discriminating against any'
other person because he has filed a complaint or testified in any investigative or hearing procedure
before this Commission, or has in any way assisted the Commission in any matter.
(i0) Conduct educational and other programs and activities for the purpose of increasing
goodwill among corrumunity inhabitants, and of effectuating the public policy of the city and of the state
as provided in lC 22-9-1-2 and lC 22-9-2-2.
(Ord. 1633, passed 4-5-65; A.m. Ord. 85-OR-57, passed 10-7-85)
Powers granted to local commissions, see IC
Equal opportunity policy, see Ch. 97
Fair housing, see Ch. 91
32 Je~emo~ -
§ 34.120
There is hereby established a Department of Redevelopment which shall be under the control of a
board of five members to be known as the Jeffersonville Redevelopment Commission.
('77 Code, § 2-200) (Ord. 1634, passed 6-6-60)
Establishment of Department o£ Redevelopment, see IC 3~ Y- 14-3
§ 34.121 $~,~-CTION OF COMIV~SSIOI~:~S.
Three of the Commissioners shall be selected by the Mayor and two shall be appointed by the
Common Council.
('77 Code, § 2-201)
Appointment of Commissioners, see IC 36-~-14-6.1
§ 34.1~.~ 'r~-MS OF COMMISSIONERS.
Each Commissioner shall serve for one year from the first day of January after his appointment and
until his successor is appointed and has qualified. However, the original Commissioners shall serve from
the date of their appointment until the in'st day of January in the second year after their appointment. If
a vacancy occurs, a successor shall be appointed in the same manner as the original Commissioner, and
the successor shall serve for the remainder of the vacated term.
(IC 36-7-14-7(a))
§ 34.123 RESIDENC2', AGE REO~S.
No person shall be appointed as a Commissioner who is less than 18 years of age and who is not
a resident of the city. If any Commissioner ceases to be a legal resident of the city, his appointment on
the Department of Redevelopment shall thereby terminate and his office shall become vacant.
('77 Code, § 2-203)
Statutc~ m,eerenoe:
Age, residency, see IC $6-Y-14-Y(d)
§ 34.124 VAC~ICIES.
In the event any person appointed as a Comrrdssioner shall fail to qualify within ten days after the
mailing to him of notice of his appointment, or if any member after qualify/rig shall die, resign, or vacate
the office by becoming a nonresident of the city or be removed as hereinafter provided, a new member
shall be chosen and appointed to f'fll the vacancy in the same manner as the original Commissioner, and
the member so chosen and appointed shall serve for the remainder of the vacated term.
('77 Code, § 2-204)
§ 34.128 OATH OF OFFICE; BOND.
(A) Each Commissioner, before entering upon his duties, shall take and subscribe an oath of office
in the usual form, to be indorsed upon the certificate of his appointment, which sha!l, be promptly filed
with the Clerk*Treasurer. (lC 36-7-14-7(b)) ('77 Code, § 2-205)
(B) Each Commissioner, before beginning his duties, shall execute a bend payable to the state, with
surety to be approved by the Mayor. The bond must be in the penal sum of $15,000 and must be
conditioned on the faithful performance of the duties of his office and the accounting for all monies and
property that may come into his hands or under his control. The cost of the bond shall be paid by the
special taxing district. (IC 36-7-14-7(c))
§ 34.126 COMPENSATION.
Each Commissioner shall receive no salary but shall be entitled to remibursement for any expenses
necessarily incurred in the performance of his duties.
('77 Code, § 2-206)
Compensation, see IC 36-Y~14-?(D
§ 34.1~? OFFICERS.
The Commissioners shall hold a meeting for the purpose of organization not later than 30 days after
they are appointed and, after that, on January 2 of each year. They shall choose one of their members
as President, another as Vice-President, and another as Secretary. These officers shall perform the
duties usually pertaining to their offices and shall serve from the date of their election until their
successors are elected and qualified.
(IC 36-7-14-8(a))
§ 34.1~.8 ~':~':'['INGS.
The Corn_missioners may meet at regular intervals or specially as often as necessary to transact any
business or duties imposed upon them, as permitted by IC 36-7-14-8(b).
('77 Code, § 2-208)
§ 34.19.9 RULES, BYI~WS.
The Commissioners shall have the power to adopt rules, regulations, and bylaws governing their
procedure.
('77 Code, § 2-209)
§ 34.130 POwtu~S, D1J'r~S.
The Commissioners shall have the powers and duties provided by lC 36-7-14-1 et seq.
('77 Code, § 2-210)
34 Je~sm~ma~ - Admin~;,~tion
A~ONOI~C DEVRSOPbI~MT CObtb~Z~ION
There is hereby created a new Department of Development which shah be under the control of a
commi~ion to be known as the Jeffersonville Economic Development Commission.
('77 Code, § 14-39) (Ord. 74-OR-23A, passed 9-3-74)
Autho~ty to establish, see IC $6-Y-12-4
§ 34.141 COMPOSITION; 'r~(MS.
(A) The Economic Development Commission shall be composed of five members who shall be
appointed by the Mayor and are nominated as follows:
(I) One member shall be nonimated by the Common Council for a term of two years from
February 1 following his appointment.
(2) One member shall be nominated by the County Cot~ncil of Clark County, for a term of one
year from February 1 following his appointment.
(3) Two members shall be nominated by the Mayor for ten'ns of three years from February 1
following the/r appointments.
(4) One member shall be nominated by the Mayor for a term of one year from February 1
following his appointment.
(B) The members of the Commission shah hold over after the exp/ration of their terms until their
respective successors have been duly appointed and have qualified.
('77 Code, § 14-40) (Ord. 74-OR-23A, passed 9-3-74)
Compo~tion; terms, see IC
§ 34.14Z OATH.
Each member of the Economic Development Commission, before entering upon his duties, shall take
and subscribe an oath of office in the usual form, to be indorsed upon the certificate of his appointment,
which shall be promptly filed with the Clerk-Treasurer.
('77 Code, § 14-41)
Oath, see IC
§ 34.143 COMPENSATION,
An Economic Development Commissioner is not entitled to any salary, but is entitled to:
(A) Reimbursement for expenses necessarily incurred in the performance of his duties; and
(B) A per diem allowance for each day he attends a Com_m.ission meeting, ff that allowance does
not exceed the per diem allowance for members of the State General Assembly; and is authorized by
the Common Council.
(IC 36-7-12-15)
§ 34.144 REMOVAL OF MEMBERS.
An Economic Development Corn.missioner may be removed from office for neglect of duty,
incompetency, inability to perform his duties, or any other good cause, by the Mayor, Common Council,
or the County Council that selected or nominated him. The Commissioner removed may obtain judicial
review of the removal by filing a complaint in a circuit or superior court in the county, and the burden
of proof is upon the Mayor, Common Council, or the County Council thal removed the Cormmissioner.
The cause shall be placed on the advanced calendar and be tried as other civil causes are tried by the
court, without a jury. The court's judgment may be appealed in the same manner as any civil action.
(lC 36-7-12-14)
§ 34.145 VACANCIES.
In the event that any person appointed to the Economic Development Commission shall fail to take
the oath of office or shall fail to qualify within ten days after the mailing to him of the notice of his
appointment, or i.f any member, after qualifying, shall die, resign, or vacate the office, or be removed, a
new Conunissioner shall be selected or nominated and appointed to f'fll the vacancy in the same manner
as the Comrrdssioner in respect to whom the vacancy occurs, and the Commissioner so appointed shall
serve for the remainder of the vacated term.
('77 Code, § 14-44)
Sta~tozT'
~acanc, fe$, see .~C 36-~'-
§ 34.146 QUORUM.
A majority of the Economic Development Commission shall consitute a quorum. The concurrence
of a majority of the Commission at a meeting or a unanimous consent signed by each Commissioner shall
be sufficient to authorize any action.
("/7 Code, § 14-45)
§faf~tor~ .,'eferenc'e:
Ouorum, see IC 36-ff-l£-13(b), (c)
§ 34,147 IFFr_~w$, RD'LBS.
The Economic Development Commission shall be authorized as set forth in lC 36-7-12-13(a) to adopt
bylaws, rules, and regulations as it may deem necessary.
('77 Code, § 14-46) (Ord. 74-OR-23A, passed 9-3-74)
36 Jet~raonvflle - Administration
(A) The Economic Development Commission shall meet to reorganize in February of each year.
('77 Code, § 14-47)
(B) Regular or special meetings of the Economic Development Cornmission shall be held at the time
as it may determine and upon notice as it may fix, either by resolution or in accordance with the
provisions of its bylaws, rules, and regulations adopted. ('77 Code, § 14-48)
Sfa fzdoo, reilamnc, e:
Orgaaizational meetings, s~e IC
Regular and special meetings, see IC 36- Y-12-13(a )
§ 34.149 SELECTION OF O~'~'iCERS.
At the organizational meeting required in § 34.148(A), the Economic Development Commission shall
elect one of its members as President, one as Vice-President, and one as Secretary, each of which
officers shall serve from the date of his election until January 31 next following his election and until his
successor is elected and qualified.
('77 Code, § 14-49)
St~tutork' refenance:
Officers, see I C 36. 7-12-12 (I~ )
§ 34,180 POw~*,S, DD'r--:S.
The Economic Development Commission shall do any and all acts and have all powers necessary
to carry out the provisions of this subchapter and IC 36-7-12-1 et seq.
('77 Code, § 14-50) (Ord. 74-OR-23A, passed 9-3-74)
§ 34.161 ASSESSMENT OF l-'~.; FOR ECONOMIC DEVELOPMENT COMMISSION BONDS.
(A) Hereinafter a fee shall be charged and paid to the city by any applicant requesting an ordinance
authorizing Economic Development Commission bonds creating an Economic Development Fund. All
moneys as profited for in this section shall be receipted to the Economic Development Fund. Ali
additional moneys dizbursed from the Fund shall be for the sole purpose of the promotion of the
Economic Development Commission.
(B) This fee shall be calculated and paid as follows: 1% of the first $50,000 of the bonds to be
issued and .1 of 1% for all bonds in excess of $50,000 with a maximum charge of $5,000 and a minimum
fee or charge of $500.
(C) Upon reoommendation of the Economic Development Commission, the Common Council may,
by resolution, approve the refund of any fee or portion of a fee when the bonds which were initially
requested will not be issued. The Common Council, in its sole discretion, may retain any portion up to
the whole thereof of the fee.
(Ord. 80-OR-4, passed 2-4-80; Am. Ord. 80-OR-30, passed 8-4-80; Am. Ord. 85-OR-20, passed 5-6-85)
37
§ 34,198 ESTABLISB]~.
For provisions concerning the Fair Housing Commission, see §§ 91.15 through 91.23.
§ 34.1~'~
For provisions concerning the Historic Board of Review, see § 152.20.
HOUSING ~RPP_~L$ BOARD
§ 34.198 ESTABLISI-ikiu.
For provisions concerning the Housing Appeals Board see §§ 153.095 through 153.098.
PAEV
§ 34.198 COMPOSITION.
The Advisory Plan Commission shall be composed of nine members. The Common Council shall
appoint one member from its membership. The Park Board shall appoint one member from its
membership. The Board of Public Works and Safety shall appoint one member or designated
representative. The City Engineer or a qualified assistant of the City Engineer shall be a member. The
municipal executive shall appoint five citizen members of whom no more than three may be of the same
political party.
(Ord. 84-OR-13, passed 2-13-84)
Membership, see IC 36-7-4-£07(a)
§ ~4.196 Cn','~-~*N MEMBERS; QUASIFICATIONS; -r~-~lS.
(A) Upon the creation of the Plan Commission, the citizen members shall be appointed for the
following terms:
(1) One for a term of two years;
(2) Two for a term of three years; and
(3) Two for a period of four years.
38 Je~moma]le -
(B) All terms shall expire on the first Monday of January, on the second, third, or fourth year,
respectively, following their appointment. Thereafter, as the terms expire, each new appointment shall
be for a term of four years.
(C) The citizen members of the Commission shall be qualified by knowledge'and experience in
matters pertai~dng to the development of the city, shall hold no other office in city government, and shall
be residents of the city.
(Ord. 84-OR-13, passed 2-13-84)
Terms, see IC
Qualifications, see IC 36-7-4-216
§ 34.19'/ CER'r~-ACATION OF MI~IBERS.
The Clerk-Treasurer shall certify the members of the Plan Commission who are appointed by the
Common Council. The certificate shall be sent to and become part of the records of the Plan
Commission. The Mayor shall make similar certification for the appointment of the citizen members.
(Ord. 84-OR-13, passed 2-13-84)
§ 34.19~ ELI~CTION OF OPFICEI~.
At its fu-st regular meeting in each year the Plan Commission shall elect from its members a
President and Vice-President. The Vice-President shall have the authority to act as President of the
Comrrdssion during the absence or disability of the President.
(IC 36-7-4-303) (Ord. 84-OR-13, passed 2-13-84)
§ 34.199 SECRgTARY AND OTI~.~ I~MPL~; COMPIgN~TION.
The Plan Commission may appoint and prescribe the duties and fix the compensation of the
Secretary, and other employees necessary for the discharge of the duties and the responsibilities of the
Plan Commission. All compensation, however, shall be in conformity to and compliance with the salaries
and compensation fixed by the Common Council. The Plan Commission may make contracts for special
or temporary services and any special counsel.
(Ord. 84-OR-13, passed 2-13-84)
Sta~torF mf~nc~:
Employees; compensation, see IC SG-Y-4-$11
Appointment of Secretary, see IC $6-Y-4-$04
§ 34.200 QUORUM; OFFICIAL ACTION.
A majority of the entire membership of the Plan Commission qualified to vote, shall constitute a
quorum, but no action of the Commission is official unless authorized by a majority of the entire
membership of the Plan Comrrdssion at a regular or properly-called special meeting.
(Ord; 84-OR-13, passed 2-13-84)
Quongn, see lC
Of~cial action, see IO $6-Z-4-$02(a)
39
(A) The Plan Commission shall fix the time for holding regular meetings, at least monthly.
(B) Special meetings of the Commission may be called by its President or by two of its members
upon written request to the Secretary. The Secretary shall send to all the members, at least three days
in advance of the special meeting, written notice f~ing the time and place of the meeting. Written notice
of a special meeting is not required if the date, time, and place Of the special meeting has been fixed
in a regular meeting, and if all members of the Plan Commission are present at that regular meeting.
(Ord. 84-OR-13, passed 2-13-84)
St~tu~j, re/hrenee:
Regular meeHngs, see IC 36-Y-4-306
Special meetings, see IC 36-~-4-$0~
§ 34.202 POwr.;t~, DUTIES.
In addition to all the powers and duties enumerated by the provisions of this subchapter, the Plan
Commission shall have other powers and duties as may be provided by state law or by the Common
Council.
(Ord. 84-OR-13, passed 2-13-84)
§ 34.203 CONTENTS OF NOTICES.
(A) All notices published by the Plan Commission shall, in addition to the legal description of any
real estate concerned, describe the location thereof by giving the street address. If for any reason the
property does not have a street address, then the nearest streets, on at least two sides must be named.
(B) The provisions of division (A) shall also apply to any notices published by any petitioners
applying to the Commission for any variance or rezoning.
('77 Code, § 14-1) (Ord. 73-OR-1, passed 2-5-73)
CTvTC/COIw-'~d~CE C23V'r~:;R AUTHOBITY
§ IM.210 ESTABLISHMENT: M~2~BERSH/P.
(A) A Civic/Conference Center Authority is hereby created.
(B) The Civic/Conference Center Authority shall consist of five members. Three members to be
appointed and approved by the Common Council of the city, and two members to be appointed by the
Mayor of the city. The term of service shall be for four years. Resignations of Board members shall be
40 Jefl~m~nv~le - ~h~tin~tration
filled by the original appointee for the remainder of the term. The Civic/Conference Center Authority
shall elect a cha/rperson as presiding officer.
(Ord. 91-OR-32, passed 6-3-91)
§ ~4.211 RESPONSIBILrrI~..;S OF AU'I'HORITY.
It shall be the primary responsibility of the Civic/Conference Center Authority to operate the
Jeffersonville Civic/Conference Center over which they shall have complete control. The
Civic/Conference Center Authority shall be empowered to do all things that they deem necessary to the
efficient operation of such a facility.
(Ord. 91-OR-32, passed 6-3-91)
§ 34.9.12 FUNDINi3 FOR AUTHORI/T; BUDGET.
The Civic/Conference Center Authority shall be funded through public as well as private resources.
The Civic/Conference Center Authority shall formulate and manage their own budget, and shall operate
as a separate political entity.
(Ord. 91-OR-32, passed 6-3-91)
§ 34.~t15 AG'~:~:~IENY wA'rt/CITY.
The Civic/Conference Center Authority shall enter into a contractual agreement with the city,
through the Board of Public Works and Safety, to operate the Jeffersonville Civic/Conference Center.
This contract should be for at least five years with options to renew.
(Ord. 91-OR-32, passed 6-3-91)
§ 34.214 PURCHASE OF PROPERTY.
The city will attempt to purchase and renovate the LeRose Theater and such other adjacent
buildings that it deems necessary and suitable to serve as the Jeffersonville Civic/Conference Center.
(Ord. 91-OR-32, passed 6-3-91)
§ 34.216 POINT OF FOCUS FOR DOWN~OWN.
Every downtown needs an anchor or point of focus. The focus of our downtown will be the
Jeffersonville Civic/Conference Center located in the LeRose Theater. This facility will be for all in our
community to use and enjoy. A Civic/Coriference Center could offer many varied types of entertainment
from country music to orchestra concerts, plays, magic shows, Saturday merning carteon shows, and the
like. This facility will also be used to give local artists a showcase for their work. Regularly scheduled
events, in a facility such as this, would give people a good reason to come te downtown at night. When
people begirt to come back downtown at night, restaurants, shops and other businesses will begin to
expand and/or relocate in this area to serve the public need.
(Ord. 91-OR-32, passed 6-3-91)
O~aer Deparhnent~ Boards and Comw~.~-us
REDEV~ OPA~NT AUTHORITY
41
§ 34.225 ES?ABMSBMENT; PUP. POSES.
The ~o~on Co~c~ hereby creates the R~evelopmeni Auihofily for the follo~g pu~oses
p~u~t to IC 36J-14.~-1 h
(A) ~c~g, correct.g, ~d l~g loc~ p~lic ~provements to the R~evelopment
Co--ion;
(B) F~c~g ~d correction of ad~tion~ ~provements to the loc~ p~c ~Provements o~ed
by the ~tho~ ~d le~g them to the Co~bn;
(C) ~qu~g all or a potion of one or more local public ~provements from the Co--sion by
purchase or lease and leas~g these loc~ p~c ~provements back to the Co--sion, ~th any
addffional ~provements that may ~ ~de to them;
(D) Acquiring all or a portion of one or more local public improvements from the Commission by
purchase or lease to fund or refund indebtedness on account of those local public improvements to
enable the Commission to make a savings in debt services obligations or lease rental obligations or to
obtain relief from covenants that the Commission considers to be unduly burdensome', and
(E) To discharge all additional powers and duties allowed under state law.
(Ord. 90-OR-55, passed 11-26-90)
§ 34.226 M~MBERSI-m~.
The Redevelopment Authority shall consist of three members who must be residents of the city and
shall be appointed by the Mayor. Each member is entitled to serve a three year term and may be
reappointed to subsequent terms. Such members shall be subject to the further provisions and
restrictions of IC 36-7-14.5 et seq.
(Ord. 90-OR-55, passed 12-26-90)
42 Jefferso~ - Admin~.fon
Section
35.01
35.02
35.03
35.04
35.05
35.06
35.07
35.08
35.09
35.10
35.11
35.12
35.13
35.14
35.15
35.16
35.17
35.18
35.19
35.20
Scope of application
Responsibility and authority of city Management
Responsibility of city employees
Recruitment; qualifications
Probationary period
Temporary employees
Hours
Holidays
Vacations
Sick leave
Reserve or national guard duty
Bereavement leave
Maternity leave
Civic leave
Leave without pay
Dismissal; disciplinary action
Resignations
Layoffs
Grievances
Pay periods
35.30 Policy
35.31 Dissemination of policy
35.32 Implementation of policy
35.33 Identification of problem areas
35.34 Goals and timetables
35.35 Hiring and recruitment
35.36 Training
35.37 Monitoring of program
35.38 Authority for establishment of equal employment, affn-mative action policies
Ethics and conflicts of interest for city officials and employees - see Ch. 38
43
44 Jef~emor~ff~le - Administra~,-~n
38.01 SCOPE OF APPLICATION.
This subchapter shall apply to employees of the city no matter in what department of the city or
under what city board the employee may be working.
('77 Code, § 2-40) (Ord. 75-OR-32, passed 1~.-29-75)
§ 38.0~ R1/SPONSlBIL1TI' AND AUTHORI'IT OF Orr~ MANAG~It/I~FI'.
(A) City management has the responsibility and the authority to manage and direct in behalf of the
public the operations and activities of the city to the full extent authorized by law.
(B) This responsibility and activity shall include but not be limited to:
(1) Direct the work of its employees;
(2) Establish policies;
(3) Hire, promote, demote, transfer, assign, and retain employees;
(4) Suspend or discharge its employees in accordance with applicable law;
(5) Maintain the efficiency of public operations;
(6) Relieve its employees from duties because of lack of work or other legitimate reason; and
(7) Take actions necessary to carry out the mission of the city as provided by law.
('77 Code, § 2-41) (Ord. 75-OR-32, passed 12-29-75)
§ 38.03 RESPONS~ILITY OF CITY EMPLOYEES.
(A) City employees have the responsibility of:
(1) Reporting to work on time;
(2) Peff~rming their duties in a manner w~~~`ch contributes to the e~iciency ~f pub~ic ~perati~ns
and the improvement of service to the public;
(3) Consulting with their department head for approval when outside employment /s
contemplated.
(B) In no case shall outside employment of a city employee be permitted to interfere with duties
either in terms of "conflict of interest" or in physical capabilities.
Employment Pollcfe~; A~Srmative Action
(C) Department heads who are considering outside employment shall consult with the Mayor for
approval. City employees having an unlisted phone number will notify the Board of Public Works and
Safety of current number as well as all department heads.
('77 Code, § 2-42)
(A) The city shall recruit and hire without regard to race, color, creed, religion, age, sex, or national
origin. When vacancies occur, preference may be given to current city employees who possess the
qualifications necessary to fill the vacant position. If, in the judgment of management, a job cannot be
f~lled by promotion from within, recruitment will be handled in the following manner:
(1) Recruitment of nonprofessional employees. The department heads may ask other city
employees for names of persons who may be seeking employment and who has some knowledge and
experience for the vacant position. Other means of recruitment may be used if necessary.
(2) Advertisement and recruitment of professional employees. Advertisement for professional
staff positions may be placed in one or more issues of the area newspaper. Professional organizations
may be contacted in an effort to obtain as many qualified applicants as possible.
(3) Any advertisement shall include the statement, "An Equal Opportunity Employer."
(B) Qualifications. The city may screen each applicant for a particular position using the following
criteria except where the criteria cannot be shown to be iob related.
(1) Prior job related work experience;
(2) Education;
(3) Work history;
(4) Physical ability required for the position;
(5) Applicant's ambitions and goals;
(6) Special qualifications, licenses, or certification requ/red by the position;
(7) Unusual circumstances in the applicant's personal history;
(8) Compliance with applicable law.
(C) The city has the option to require evidence of political participation, in the form prescribed by
the employer with accordance to applicable law, as a prerequisite to selection. IC 36-8-4-2 requires
police and fire employees to reside within the coUnty and 15 miles of the corporate limits of the city.
('77 Code, § 2-43)
46 leffemonvllle - Achnin~tion
§ 38.08 PROBATIONARY PERIOD.
(A) The probationary period is a trial working period and is pan of the selection process, during
which the employee's work and conduct shall be under close observation for the purpose of determining
their suitability and qu~!i~ication for regular appointment to the position. The probationary period shall
last for a duration of one year. During the probationary period the employee's supervisor shall observe
the employee's performance and report his observations concerning the probationary employee to the
Personnel Director upon the request of the Personnel Director.
(B) The Personnel Director may remove an employee at any time during the probationary period,
when he becomes satisfied that the employee is unable or unwilling to perform the duties of the position
in a satisfactory manner, or that the employee's habits and dependability do not merit continuance in the
service or where an error or misrepresentation was made in the application. No matter concerning the
discipline, layoff, or termination of a probationary employee shall be sub}eot to the grievance procedures.
(C) Probationary employees are entitled to bereavement leave and leave without pay as defined
in §§ 35~ 12 through 35.15 of this subchapter. However, sections covering vacations, sick leave, reserve
or national guard duty, maternity leave, and civic leave apply to regular employees only, unless
otherwise stipulated.
(D) The probationary period for fire and police employees shall last for a duration of one year and
the affected probationary employee shall be entitled to a hearing concerning discipline by the city. Note
that an employee serving a probationary period following a promotion from within shall be considered
a regular employee.
('77 Code, § 2-43)
§ 38.06 'r.~:;a,IPORARY EMPLO'~,-.'~.'S.
(A) Sections of this subchapter covering vacations, sick leave, reserve or national guard duty,
maternity leave, bereavement leave, civic leave, and holiday pay shall not apply to temporary employees.
However, full-time temporary employees who have worked for more than one full year of continuous
service shall be entitled to all benefits as defined in this subchapter. Temporary employees may be
granted leave without pay only because of extraordinary reasons sufficient in the opinion of the
Personnel Director to warrant the leave of absence.
(B) Temporary employees are employees whose employment with the city is anticipated to be of
comparatively short time or definitely limited in duration or hours of employment. An employee who
gained employment with the city via a federal, state, or county program designed to provide emergency
or short-term employment will be considered a temporary employee.
('77 Code, § 2-43) (Ord. ?$-OR-32, passed 12-29-75)
§ 38.0'/ HOURS.
(A) Department heads shall establish and keep accurate records of the time city employees repon
to work, the number of hours city employees work during the day, and the number of days city
employees work during the week.
Employment Policies; A/~matiw Action
47
(B) Overtime. If an employee who is paid by the hour works more than forty houm during any
seven-day period, the employee shall be paid at the rate of one and one-halftimes his hourly rate of pay
for those hours.
(C) Breaks. Employees shall be allowed one ten-minute rest break for every four hours work.
Employees shall be allowed an unpaid lunch break for one hour duration.
(D) If Fire Department and Police Department employees are paid by the hour, and if a Fire
Department or Police Department employee works more than the stipulated term of duty during any
seven-day period, the employee shall be paid at the rate of one and one-half times his hourly rate of pay
for those hours.
(E) Days. All references in this section to working days shall mean a regular eight-hour working
day. All reference to working days insofar as it pertains to sick leave, vacation, or otherwise shall mean
a regular eight-hour working day.
('77 Code, § 9.-44) (Ord. 75-OR-32, passed 12-29-75)
§ 3~.08 HOLIDAYS.
(A) An employee shall receive his regular rate of pay for each of the 14 holidays listed below,
provided the employee has worked the immediately preceding scheduled work day and the next
succeeding scheduled work day unless excused for vacation days.
(1) New'Year's Day
(2) Washington's Birthday
(3) Good Friday
(4) Primary Election Day
(5) Memorial Day
(6) Independence Day
(7) Labor Day
(8) General Election Day
(9) Veterans' Day
(10) Thanksgiving Day
(11) Friday Following Thanksgiving
(12) Christmas Eve
(13) Christmas Day
48 J~emorwi]le - ~:lministration
(14) Martin Luther King's Birthday
(B) During non-election years, the Primary and General W. lection Day holidays may be taken at the
discretion of the employee as long as his absence will not interfere with the normal working operations
of the city.
(C) If any of the above-listed holidays fall on a Saturday, the holiday will be observed on the
immediately preceding Friday. If any of the above-listed holidays fall on a Sunday, the holiday will be
observed on the immediately succeeding Monday.
(D) If an employee works on any of the above-listed holidays, he shall receive one and one-half
times his regular rate of pay as full compensation for holiday leave pay.
('77 Code, § 2-45) (Ord. 75-OR-32, passed 12-29-75; Am. Ord. 83-OR-11, passed 4-4-83; Am. Ord. 85-OR-8,
passed 2-16-85)
§ S5.09 VACATIONS.
(A) A full-time employee shall be entitled to annual vacation leave with pay according to the
following schedule:
(1) After six months of employment, five working days vacation;
(2) After two years of employment, ten working days vacation;
(3) After five years of employment, 15 working days vacation;
(4) After 15 years of employment, 20 working days vacation;
(5) After 25 years of employment, 25 working days vacation.
(B) Unused vacation time may not be accumulated from year to year.
(C) If a full-time employee resigns or is terminated on or after January 1 but before July 1 of a
calendar year, he shall be entitled to one-half the above stipulated number of days of vacation leave
during the calendar year. If the affected employee has taken more than one-half the regular stipulated
number of days of vacation leave, the difference in pay between the number of vacation days actually
taken and one-half the regular stipulated number of vacation days shall be deducted in the final
paycheck.
(D) If an employee resigns or is terminated after June 30 but on or before December 1 of a calendar
year, he shall be entitled to all of the regular stipulated number of days of vacation leave during the
calendar year, but is entitled to no vacation leave pay for the following year.
(E) Vacations shall be scheduled and approved by the department head in accordance with the
needs of the department and the department head shall make every effort to respect the vacation
requests of the employees consistent with those needs. Seniority shall prevail in the determination of
vacation requests.
('77 Code, § 2-46) (Ord. 75-OR-32, passed 12-29-75; Am. Ord. 83-OR-11, passed 4-4-83; Am. Ord. 84-OR-
28, passed 4-21-84)
lEmployment Policies; Affnnmiive Action 49
§ 35.10 SICK LF_.,AVI~.
(A) An employee accrues five working days of sick leave during a calendar year, if he completes
at least six months of city employment by July 1 of the calendar year. From that period onward the
employee shall accrue five working days of sick leave for each additional calendar year which an
employee is in the employment of the city.
(B) Employees may accrue up to a balance of 20 unused working days of sick leave during the first
five years of city employment. After five years of city employment, he may accrue up to a balance of 30
unused working days of sick leave.
(C) If an employee is absent from work because of illness more than four consecutive days, the
department head will require a doctor's certificate from the employee. If the doctor's certificate
pertaining to his illness is not presented, the employee shall not receive sick leave compensation, no
matter how many days have been accumulated for sick leave.
(D) Ii an employee's injury or illness occurs while in the performance of his job with an outside
employer or if the outside employment is directly responsible for the employee's injury or illness, then
the employee shall not receive sick leave compensation from the city for the inlury or illness.
('77 Code, § 2-47) (Ord. 75-OR-32, passed 12-29-75; Am. Ord. 84-OR-28, passed 4-21-84)
§ ~5,11 RIES~:~VB OR NATIONAL GUARD DUTY.
(A) Any city employee who is a member of any reserve component of the armed forces of the
United States shall be entitled to a leave while engaged in the performances of official duty or training.
While on leave, the employee shall be paid his regular pay less his railitary pay, for a maximum of ten
working days in any one calendar year.
(B) To receive compensation, an employee must, upon return, present to the Personnel Director
certification from the employee's commanding officer of performance of duty.
('77 Code, § 2-48) (Ord. 75-OR-32, passed 12-29-75)
§ 35.1~ BIiIREA~ LEAVE.
(A) If there is a death in the immediate family (spouse, child, brother, sister, parent, or parent of
spouse) necessary time for the attendance of funeral matters will be approved with pay, provided the
total absence does not exceed three calendar days. Any other absence in connection with funerals of
other relatives or friends shall be excused without pay at the discretion of the department head or may
be charged against vacation tirae.
('77 Code, § 2-49) (Ord. 75-QR-32, passed 12-29-75)
§ 35.13 M~r~ T.~-~V~.
An employee who is unable to work because of her own pregnancy, recent confinement (delivery),
or other pregnancy-related causes shall, upon the employee's request, be granted up to 12 weeks of
50 Jeffersonville - ~Iministmtion
leave without pay; however all accrued sick leave and vacation leave may be applied to maternity leave
for pay purposes, i~ 'm
('77 Code, § 2-49) (Ord. 75-OR-32, passed 12-29-75)
§ ~.14 ~IVIC I~EAVE.
An employee who is required to serve as juror, or to attend court or a coroner's inquest as a
witness, shall be excused from work for the days on which he serves and shall receive for each day of
the service on which he otherwise would have worked, the difference between his regular pay and the
payment he receives for the service if less than his regular pay. The employee shall present proof of
sen/ce (subpoena) and the amount of payment received from the Clerk of the Court or the Coroner.
If an employee is released from jury duty by the court anytime pr/or to noon, he shall report to work
within one hour after being released by the court.
('77 Code, § 2-49) (Ord. 75-OR-32, passed 12-29-75)
§ 38.15 LEAVE wt'rrlOU'l' PAY.
An employee, upon application in writing, and upon approval of his department head, may request
of the Personnel Director a continuous leave of absence without pay, not to exceed three months, for
any of the following reasons:
(A) Because of physical disability of employee;
(B) Because of employee entering upon a course of training or study for the purpose of improv/ng
the quality of his service to the city or of fitting him for promotion;
(C) Because of extraordinary reasons sufficient in the opinion of the Personnel Director to warrant
the leave of absence.
('77 Code, § 2-49) (Ord. 75-OR-32, passed 12-29-75)
§ 38.16 DISMISSAL; DISCIPLI~IARY ACTION.
(A) The discipline or discharge of regular employees shall be for cause. When a supervisor
determines that disciplinary action with respect to minor offenses is necessary, there must be given an
oral warning for the first offense, and a written reprimand for the second offense. After the second
offense, more severe disciplinary actions may be taken. Supervisors should give copies of all written
disciplinary actions taken against the affected employee to the Personnel Director. If the following
disciplinary actions or measures are taken they must be approved by the Personnel Director:
(1) Reduction in pay.
(2) Demotion.
(3) Suspension.
(4) Discharge.
Employment Poli~ies; Af~m~t~ Action
51
(B) It is the policy of the city to give one week's notice to an employee upon termination. However,
this will not prevent the city from terminating an employee without notice if the discharge is for serious
conduct misbehavior, such as stealing, drinking on the job, insubordination, or other similar misbehavior.
Employees who are discharged are entitled to all accrued vacation pay as defined in§ 35.09 at the date
of termination.
(C) Employees who disregard the use of prescribed safety devices shall be subject to disciplinary
action.
('77 Code, § 2-50) (Ord. 75-OR-32, passed 12-29-75)
§ 38.17 ItE'SIG~IATIONS.
(A) To resign in good standing, an employee must submit his notice through his supervisor to the
Personnel Director at least one week before the effective date of termination. Employees who resign
in good standing are entitled to all accrued vacation pay as defined in § 35.09 at the date of termination.
(B) An employee absent for three consecutive scheduled work days without notification of a valid
reason to the city, and who has no legitimate reason for not notifying te city for his absence may be
considered as having resigned.
('77 Code, § 2-50) (Ord. 75-OR-32, passed 12-29-75)
§ 38.18 LAYO~.
(A) If it becomes necessary to reduce the work force of any department in the city, the last
employee hired shall be laid off f'n'st. When the department's work force is again increased, the
employees are to be returned to work in the reverse order in which they were laid off.
(B) Heads of departments shall be excluded from this provision. This section shall not in any
manner affect the disciplinary regulations set forth in the code or ordinances relating thereto. This
section shall not apply to the Police Department or the Fire Department of the city.
('77 Code, § 2-50) (Ord. 75-OR-32, passed 12-29-75; Am. Ord. 84-OR-39, passed 4-21-84)
§ 38.19 ~ANCES.
(A) An employee who feels that he has been unfairly treated regarding his employment with the city
should:
(1) Step one. Submit an oral grievance to his immediate supervisor within seven working days
of the action's occurrence. The immediate supervisor shall meet with the employee and make every
effort to resolve the grievance within three working days of the date of the presentation of the grievance.
(2) Step two. If the grievance has not been settled in step one, a written appeal shall be
prepared in detail, dated, signed by the employee, and presented to both the employee's irrumediate
supervisor and the department head within three working days after the receipt of the immediate
supervisor's oral reply from step one. Upon receipt of the written appeal, the department head shall
attempt to resolve the grievance and reply in writing within three working days of the date of
presentation of the written grievance.
Jeffamonville - Admin~tk)n
(3) Step three. If the grievance has not been settled in step two, the written appeal along with
all pertinent correspondence to date shall be presented to the Personnel Director within three working
days of the receipt of the reply from step two. A detailed investigation shall be conducted by the
Personnel Director and he shall issue a final decision within ten working days of the date of presentation
of the written grievance.
(B) If the employee's immediate supervisor is also the department head and/f the grievance has
not been settled in step one, the written appeal shall be presented to both the departmet head and the
Personnel Director witl'dn three working days of the receipt of the oral reply from step one. The
procedure stated in step three shall then take effect.
(C) Failure of the employee to submit his appeal within the time limits specified will result in the
city considering the matter settled and closed.
('77 Code, § 2-$0.1) (Ord. 75-OR-32, passed 12-29-75)
§ 38.20 PAY PERIODS.
Pursuant to the provisions of IC 5-7-3-1(b), employees of the city who are paid on a semi-monthly
basis shall be paid upon the 10th and the 2$th day of each month. Should the 10th and 25th fall on
Saturday, Sunday, or a scheduled holiday, the city shall pay on the Friday preceding that date.
(Ord. 86-OR-13, passed 4-7-86)
~ ~ ~ TI~E A G TI ON
§ 38.30 POLICY.
(A) The city hereby sets forth this aff'n'mative action program for equal opportunity.
(B) The city will provide equal opportunity employment to all persons without regard to their race,
religion, sex, age, or national origin.
(C) Equal opportunity and equal consideration will be afforded to all applicants and employees in
personnel action which includes recruiting and hiring, selection of!raining, promotions, pay rates or other
compensation, transfers, terminations, and layoffs.
(D) The implementation of this policy is intended to provide opportunities for minority groups in
significant numbers for all job levels through aggressive upgrading and recruiting actions. Therefore, the
city hereby institutes a program of ~rrnative action to translate beliefs into results and hereby make
clear that on the job and on the premises discrimination against others will not be tolerated.
('77 Code, § 2-31) (Ord. 75-OR-4, passed 3-3-75)
§ 38.31 DISSEM~ATION OF POLICY.
(A) This aff'n"mative action policy will be distributed to all departments and department heads or
superv~ors who will read and explain it to all employees. Special meetings will be held with other city
officials who make personnel decisions to explain this policy to those under them.
]~t Poli~iea; Affim~tive Aetion 53
(B) The city will continue the use of nondiscrimination claUses in all agreements and review
contractual provisions to insure that they are nondiscriminatory and do not have a discriminatory effect.
(C) The city's policy on equal employment opportunity and a synopsis of the aff'n-mative action
program will be posted on bulletin beards along with employees informational literature, EEO posters
and any other pertinent reports or publications.
('77 Code, § 2-32) (Ord. 75-OR-4, passed 3-3-75)
§ 3B.~2 IMPLEMENTATION OF POMC¥'.
The Mayor will have overall responsibility for the implementation of the affn'mative action program.
He will appoint an Equal Opportunity Officer to assist him in the implementation of this program, which
will include:
(A) Developing policy statements, affLrrrtative action programs, internal and external communication
procedures and techniques;
(B) Assisting in the coliecting and analyzing of employment data, identifying problem areas, setting
goals and timetables and developing programs to achieve these goals;
(C) Designing, implementing, and monitoring audit and reporting systems to measure program
effectiveness;
(D) Reporting quarterly to the Mayor on the progress of each department in relation to the city's
goa~Is;
(E) Serving as liaison between the city, government regulatory agencies, minority and women's
organizations, and other community groups;
(F) Disserninati~n ~f a~~ current inf~rmati~n and deve~~pments in the equa~ emp~~yment ~pp~rtunity
areas to responsible city officials and department heads;
(G) Notification of ~11 vendors, suppliers, school organizations, and contractors of our equal
employment policy, and request appropriate supportive action on their part.
('77 Code, § 2-33) (Ord. 74-OR-4, passed 3-3-75)
§ 38.~ IDEN'r~-'iOATION OF PROBLEM AItF.,AS.
Animal shelter
Street Department
4 0 1
22 2 1
12 12 0
Sanitation
1 Shelter Manager (F)
2 Laborers;
1 Secretary (F)
4 Drivers;
54 Jel~aa~onv~e -
Personnel and
safety
Police Department
1
53
B/~ Perm/~
0 0
4 11
Fire Department 47 6 1
Parks and
Recreation
Mayor's office
Wastewater
treatment
plant
Sewer repair
Sewer billing
n 1 2
2
16
6
3
5
2
2
4
9
Building
Commission
City Attorney
City Engineer
City Judge
Clerk-Treasurer
0
2
1
0
0
0
0
1
0
2
1
1
1
7
8 Tippers
1 Captain;
1 Lieutenant;
I Sergeant (F);
1 Patrolman;
1 Patrolman (F);
1 Dispatcher (*);
3 Dispatchers,
part-time (F);
2 Dispatchers (F);
1 Secretary (F);
2 Records clerks (F)
1 Colonel;
1 Major;
I Captain;
1 Sergeant;
I Engineer;
I Private;
I Secretary (F);
1 Maintenance;
1 Secretary (F);
1 Recreation
Supervisor (F)
1 Secretary (F)
2 Operators;
1 Lab
technic/an (F)
1 Maintenance
1 Assistant
Manager (F)
2 Secretaries (F)
1 Secretary (F)
1 Secretary (F)
1 Secretary (*)
1Pirst Deputy Clerk ('F);
1 Second Deputy
Clerk (F);
1 Fourth Deputy
Clerk (F);
1 Meter maid (F);
2 Clerks, part~time (F)
199 29 31
Employment policies; Affkraative Action 55
(*) Black female
Decreasing minority workers in job classifications that are readily available.
('77 Code, § 2-34)
(A) The main goal will be to upgrade and promote those departments which have no minorities at
all.
(B) The city's equal employment opportunity program will be periodically evaluated with new goals
and target dates based on the need of the program as identified in the evaluation process. Program
evaluation will be accomplished as follows:
(1) Department heads will turn in data composed of the number of minority employees, their
job classifications and salaries. This information will be compared with latest census data on minority
availability for jobs used by the city. Minority statistics will be reviewed quarterly and evaluated in depth
annually. Coals will be established based on this statistical data, and target dates will be set to achieve
these goals.
(2) To achieve an increase in minority representation through on-the-job training programs,
educational programs, and the evaluation of employees' qualifications and interests for a better job, this
can best achieve an interhouse upward mobility.
(3) A study will be conducted on the development of a feasible program through which the full
utilization of employees' skills may be achieved. Emphasis will be placed on the identification of
employees in the lower classes who have net advanced in the past three years and who have experience
or education superior to that required/n the present assignment. Particular attention will be paid to the
practicality of the means by which the full utilization of their skills may be achieved. This will be
implemented immediately.
(4) BY a better communicational system between employees, department heads, and the Equal
Opportunity Officer, education, training and counseling will enhar~ce equal opportunity employment and
advancement for all minority and women employees.
(5) All the above mentioned items will be implemented immediately, and progress reports will
be kept. From this information will come the goals for the next year.
('77 Code, § 2-55) (Ord. 75-OR-4, passed 3-3-75)
(A) The city will inform minority individuals, civic groups, churches, community organizations,
recruiting sources (i.e. the State Employment Division, manpower and community action agencies),
schools, and women's organizations of the city's policy stipulating that these sources refer minority men
and women candidates for departmental openings. Help wanted ads and other communication will carry
the caption "an equal opportunity employer".
56 JeffersomnTle - Adrnin~,~ti~n
(B) All aspects of equal employment will be ut~.ed in the hiring and promotion of employees, full-
time or part-time.
(C) All minorities (beth men and women) applicants who apply will complete an application to be
placed in an ~ff~rrnative action file whether there are vacancies or not. This file will be consulted each
time there is a vacancy to deterrrdne the possibility of hiring from it. The Equal Opportunity Officer will
maintain accurate account records evaluating the status of hiring and recruitment practices of the city.
Many job vacancies may be filled through in-house training programs and evaluation systems set up by
the Equal Opportunity Officer.
('77 Code, § 2-36) (Ord. 75-OR-4, passed 3-3-75)
The city will continue on-the-job training programs and will encourage and assist all minority
employees to participate in training programs (i.e. adult education, manpower training programs and
seminars) to better qualify these employees for skilled, technical and management positions. The Equal
Opportunity Officer will interview employees from time to time to acquire information about newly
acquired skills employees may have acquired. Also, the Equal Opportunity Officer will implement a job
enrichment program. This is the separation of job duties into a. new job that could be handled by a
minority man or woman employee with little or no additional training.
('77 Code, § 2-37) (Ord. 75-OR-4, passed 3-3-75)
§ 38.37 MONITOP/NG OF PROGRAM.
(A) Monitoring of the aff'u'mative action program will be the main duty of the Equal Opportunity
Officer of the city. Only through a systematic approach to monitoring this program can any deficiencies
in the program be detected.
(B) The ~.qual Opportunity Officer will be directly responsible to only the Mayor. In this way the
Equal Opportunity Officer can implement a meaningful program and carry out his duties without
commitments to other individuals or jobs.
(C) All department heads bear responsibility for compliance with this af'f'wmative action plan in
assuring equal employment opportunity within their own departments.
(D) The Human Rights Commission and the Board of Public Works and Safety shall bear special
and additional responsibility for providing advice and assistance to the Mayor and the Equal Opportunity
Officer in the development, implementation and evaluation of the city's aff~r'mative action program.
('77 Code, § P.-38) (Ord. 75-OR-4, passed 3-3-75)
§ 38.38 AUTHORITY FOR ESTABLISHMENT OF EQUAL EMPLOYMENT, A~'t'mMATIVE ACTION
POLICIES.
The following laws and orders require equal employment opportunity and affirmative action:
(A) Title VII of the Civil Rights Act of 1964 (as amended by the Equal Employment Opportunity Act ~
of 1972).
Employment Polic~; A~n'mafive Action 57
(B) Executive Order 11246 (as amended by Executive Order 11375).
(C) The Equal Pay Act of 1963.
(D) The Age Discrimination in Employment Act of 1967.
(~.) Title VI of ~he Civil Rights Act of 1964.
(F) State and l<~cal laws.
(a) Other federal laws.
('77 Cede, § 2-39) (Ord. 75-OR-4, passed 3-3-75)
58 J~nv~l~ - Acln'~.~t~n
~iAP'r~:;~ ~6: CITY POLICY
S~fi~n
36.01 Travel expenses for city officials and employees
36.02 Procedure for sale of lost, stolen, or confiscated personal property
36.03 Payments of payroll, claims against city
36.04 Performance bond required for construction work done for city
36.05 Fee for employee background checks by Police Department
36.06 Fee for copies made by administrative offices in the city
§ 36.01 TRAVEL EXPENSES FOR CITY OFFICIALS AND EMPLO~:~.'S.
(A) Any city official, elected or appointed, and any employees or agent of the city, acting on city
business, shall be entitled for the use of his own private vehicle the sum of $.26 for each mile of travel
on city's business.
(B) In addition any elected official, employee, appointed official, or special agent for the city shall
be entitled to reimbursement for the exact amount of expense incurred for other than his personal car
expenses, when the expenses are recurred on business outside the city limits.
(Ord. 81-OR-6, passed 2-2-81)
§ 36.02 PROC]EDURE FOR SALE OF LOST, STOLEN, OR CONFISCA'r~:'~ PERSONAL PROPERTY.
(A) Noncontraband lost. unclaimed, stolen, unidentified, or confiscated personal property shall be
held and stored by the Chief of Police for a period of 30 days during which the Chief of Police and the
Police Department shall make a reasonable and diligent attempt to ascertain:
(1) The rightful ownership and cause the return of property being held, prOvided the rightful
owner is otherwise lawfully eligible to receive and possess the property according to the law of the
United States and the state; and
(2) That the property is not of any evidentiary value in any current or foreseeable prosecution
or appellate proceeding and is not to be destroyed by any court order.
(B) The above 30-day retention requirement of this section shall be deemed satisfied bY the Peri°d
of time, if any, the property may have been held by any other law enforcement agency prior to delivery
to the Chief of Police of this city, and shall, therefore, be included and count toward any 30-day
amendment that the property is to be stored and held under this section before disposition as provided
herein.
(C) Upon expiration of the 30-day requirement of this section, the Police Chief shall dispose of all
the property at public auction. The Police Chief may in his sole discretion combine any of the property
59
60 Je~eonv~e -/Mining, rain
with property being disposed of by the Sheriff of Clark County, in order to achieve a more economical
disposition of the property~ The sale of the property shall be in accordance with the following
procedures:
(1) The sale of the property shall be by public auction in a place convenient to the general
public, with the disposition going to the highest bidder who shall be lawfully eligible to receive and
possess the property according to the laws of the United States and the state.
(2) As a result of the emergency situation which has arisen due to the crowding of the evidence
room of the City Police Department, the first sale shall be advertised by placing a notice of the sale in
a county newspaper not later than two days prior to the sale. The notice shall include an inventory of
all of the property and the date, time, terms and place of the sale.
(3) Prior to conducting any sale other than the initial sale, the Chief of Police shall cause an
inventory of all property offered for sale to be made. Notice of the sale shall be advertised by two
insertions, one week apart for two consecutive weeks in a county newspaper as provided in IC 5-3-1 et
seq., the advertisement to appear no less than five days prior to the sale, and by posting notice of the
sale at the Clark County Court House, in an area readily accessible and conspicuous to the general
public, for two weeks. The advertisement and notice shall give the terms, time, and place of sale, and
a description of the property to be sold.
(4) All monies collected pursuant to the sale shall first be used to defray the necessary costs
of administering this section, with such surplus as there may be, along with a detailed accounting of the
proceeds received for each item sold and each cost paid, being delivered to the Clerk-Treasurer of the
city.
(D) Notwithstanding any provision of this section, the owner of the property may present a cla/rn
to the Chief of the Police Department for the return of the property. If fully satisfied of the validity of the
claim, the Police Chief shall return the claimed property to the rightful owner i~ the owner is lawfully
eligible to receive and possess the property according to the laws of the United States and the state,
provided the claim is made prior to the sale as herein provided.
(E) The Clerk-Treasurer shall cause all net proceeds of each sale to be deposited into the General
Fund of the city.
(Ord. 84-OR-5, passed 1-10-84)
§ 36.03 PATMENTS OF PAYROLL, CLAll~S AGAINST CITY.
(A) The Common Council shall be the only body or board that has the authority to approve the
claims and warrants presented to the City Clerk-Treasurer for payment. The Common Council shall
meet at such times as it deems necessary to consider the approval of the claims and warrants.
(B) Unless two or more members of the Comraon Council appear before the Board of Public Works
and Safety to question the payroll, the Board hereby has the authority to approve the payroll. If two or
more members of the Common Council appear before the Board ~f Public Works and Safety to question
the accuracy or validity of the payroll of an individual or department, the payroll of that individual or
department shall not be approved by the Board until the Common Council has had the opportunity to
review and consider the payroll in question.
Policy
(C) The Common Council shall retain the fight to be the body that has the ultimate authority over
all fiscal matters of the city.
(Ord. 84-OR-6, passed 1-21-84)
§ 36.04 PEIL-'"OItMANCB BOND RBOUIP%ED FOR CONSTRUCTION WOIL~ DONE FOR CITY.
Whenever a performance bond shall be required on any construction work done for the city or any
of its departments, which construction work is in the amount of $25,000 or more, a performance bond
shall have a corporate surety. This surety shall be of a nature that a majority interest in either stock or
ownership is not held by the individual, firm, corporation, or any other entity which is doing the
construction work.
(Ord. 85-OR-5, passed 2-4-85)
§ 36.08 ~'~:~ FOR EMPLO'Y,-.'~'. BACKGROUND CHECKS BY POLICE DEPARTMENT,
A fee of $5 shall be charged for each and every background check run on prospective employees
at the request of any private or governmental employer, These funds shall further be deposited into the
office of the City Clerk-Treasurer to be used in conjunction with the Signal 19 money collected by the
Police Department to defray the cost of the purchase of the police radio system. At such thne as the
debt on that radio system is fully retired the Police Department shall thereafter use monies collected
hereunder for police equipment or education as approved by the Board of Public Works and Safety and
the Common Council.
(Ord. 90-OR-5, passed 1-20-90
§ 36.06 ~-'~.',-: FOR COPIES MADE BY ADMINISTRATNE OFFICES IN ~IE CITY.
The Common Council hereby authorizes each and every administrative or executive office within
the city to impose a fee for photocopies of records or lites maintained within theft' office under the
Indiana Open Records Act in the amount of $.50 per page or per. copy. It shall be up to the discretion
of each department head to establish this fee for his department, but once said fee is established for that
department it shall be applied uniformly in each and every instance of request for copies within that
department.
(Ord. 90-OR-4, passed 1-20-90)
62 Je~.onv~ ...~lm/n/stm~,~n
3'/: FUNDS
Section
37.01 Cumulative Capital Improvement Fund
37.02 Firefighting Fund
37.03 Public Employees' Retirement Fund
37.04 Police Pension Fund
37.05 Firefighters' Pension Fund
37.06 Unsafe Building Fund
37.07 Police Education, Equipment, and Etc. Fund
37.08 Economic Development Fund
37.09 Mayor's Promotion Fund
37.10 Police Security Fund
37.11 Common Council Promotion Fund
37.12 Economic Development Revolving Fund
37.13 Jeffersonville-Clark County Animal Shelter Donation Fund
§ 37.01 CUMULATIVE CAPITAL IM~R~ I:'UI~D.
(A) There is hereby established a Cumulative Capital Development Fund pursuant to IC 36-9-I5,5
et seq.
(B) The ad valorem property tax levy will be imposed and the revenues from the levy will be
retained in the Fund.
(C) The maximum rate of levy under division (B) will not exceed $. 12 per $100 assessed valuation.
(D) The funds accumulated in the Fund may be used for the following:
(1) Cumulative firefighting building, equipment and police radio fund pursuant to lC 36-8-14;
(2) Cumulative building funds pursuant to IC 36-9-16-2;
(3) Cumulative Capital Improvement Fund pursuant to tC 36-9-16-3;
(4) Cumulative Street Fund pursuant to IC 36-9-16.5;
(5) General Improvement Fund pursuant to IC 36-9-17;
(6) Cumulative Drainage Fund pursuant to IC 36-9-27-100; and
(7) Cumulative Building Fund-Parks pursuant to lC 36-10-3-21.
63
64 Jeflersomrllle - Admir~u~tion
('a.) Notwithstanding division (D), funds accumulated in the Fund may be spent for purposes ether
than the purposes stated in division (D), if the purpose is to protect the public health; welfare or safety
in an emergency situation which demands immediate action; Money may be spent under the authority
of this section only after the Mayor issues a declaration that the public health, welfare or safety is in
immediate danger that requires the expenditure of money in the fund.
('77 Code, § 2-I) (Ord. 1651, passed 8-2-65; Am. Ord. 90-OR~31, passed 7-16-90)
§ 37.02 rm.~-'~GHTING FUND.
For provisions concerning the Fireftghting Fund, see § 33.07
§ 3"/.03 PUBLIC E1VIPLO~,-:-:~' ~ FUND.
The elected members of the Common Council shall be included in and be membem of the Indiana
Public Employees' Retirement Fund.
('77 Code, § 2-81) (Ord. 76-OR-2A, passed 1-7-76)
§ 37.04 POLICE PENSION FUND.
For provisions concerning the Police Pension Fund, see § 32.03.
§ 37.05 Flli~'lGh'rr.u~' PI~ISION FUND.
For provisions concerning the Firefightem' Pension Fund, see § 33.07.
§ 37.06 UNSAi~ BUILDING FUND.
For provisions concerning the Unsafe Building Fund, see§ 150.278.
§ 37.07 POLICE EDUCATION, IEOUII~MENT, AND ETC. FUND,
For provisions concerning the Police Education, Equipment, and Etc. Fund, see § 32.04.
§ 37.08 ECONOMIC DEVI~OPMENT FUND.
For provisions concerning the Economic Development Fund, see§ 34.15i.
§ 37.09 MAYOR'S PROMOTION FUND.
There shall be created a Mayor's Promotion Fund, which fund shall be funded through the city's
annual budget;
(Ord. 85-OR-35, passed 8-17-85)
65
§ 3'/.10 POLICE SECUP, I'I~ k'~JND.
(A) A Police Security Fund for the city is hereby established.
(B) The Police Security Fund may receive donations from the public or from any other municipal
or civic program.
(C) This fund may be used for "buy money," payments to informants, or for any other Hem required
for criminal law enforcement.
(Ord. 85-OR-69, passed 12-14-85)
§ 37.11 COMMON COUNCIL PROMOTION FUND.
There shall be created a Common Council Promotion Fund, which fund shall be funded through the
city's annual budget.
(Ord. 85-OR-47, passed 10-6-86)
§ 37.19. ECONOMIC DEVELOPMENT REVOLVING FUND.
(A) There is hereby established a fund to be known as the Jeffersonville Economic Development
Revolving Fund into which proceeds from grants, the proceeds of the sale of notes, or the proceeds of
bonds issued under IC 5-1-14-14 and IC 36-9-32 may be deposited.
(B) The city may loan money from thi~ revolving fund to any borrower if it first finds that the loan
will be used by the borrower for one or more of the purposes enumerated in IC 5-1-14-14(b). Such loans
shah be made by ordinance of the Common Council, and only after a favorable recommendation by the
Jeffersonville Economic Development Revolving Loan Committee, which shall consist of three to f'n,e
membem to be appointed by the Mayor, with all such members being representatives of f'mancial
institutions in Clark County or persons with a background in public accounting. In any event, the
committee shall consist of at least one representative of each of the three largest financial institutions
in Clark County.
(Ord. 90-OR-49, passed 10-17-90)
§ 37.13 ~--r-~.mSONVILLE-CLARK COUNTY ANIMAL Sr~:~,.r~'DONATION FUND.
The Common Council hereby establishes a nonreverting fund for the purpose of receiving donations
on behalf of the Jeffersonville-Clark County Animal Shelter. The fund shall be entitled the Jeffersonville-
Clark County Animal Shelter Donation Fund, and monies shall be expended from this fund only upon the
filing of a proper claim and issuance of a warrant for payment by the Clerk-Treasurer after approval by
the Common Council of the city. Said fund shall be a nonreverting fund and all donations on behalf of
the Jeffersonvflle-Clark County Animal Shelter shall hereafter not be required to be received into the
general fund of the city.
(Ord. 90-OR-35, passed 8-1-90)
66 I~o~ - Admi~h.,lion
CHAP'r~ 38: ETHICS AND CONFLICTS OF n~T~,EST FOR CITY O~'~'~CIALS AND EMPLOYEES
Section
38.01 Definitions
38.10 Creation and composition of f~ovemment Ethics Commission
38.11 Appointment of membem and chairpemon
38.19. General authority of the Government Ethics Commission
38.13 Advisory opinions
38.14 Investigations
Econo.,~c ~nteres't
38.20 Exceptions to reporting requirements
38.30 Disqualification from acting on city business
38.31 Improperly using official position
38.32 Improper influence
38.33 Prohibition of certain f'mancial interest
38.34 Gifts or loans prohibited
38.35 Gifts or honoraria in excess of $200 prohibited
38.36 Disclosure of privileged information
38.45 Procedure for filing complaint
38.46 Appeals
.~.lfor, mement
38.55 Failure to f'de statement; violations
68 Je/~ersom. flle- Admini=~,,,ion
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
At..V~;N'CE. The City of Jeffersonvflle or any department, div/sion, bureau, office, board, commission
or committee of the city.
A$,.~T. To help, aid, advise, or furnish information to a person. The term includes an offer to do
any of the actions in this definition.
Includes the folloWing:
(1) An employer.
(2) A corporation, general or limited partnership, or other business entity, in which the public
official or employee, or other person subject to this chapter has an investment interest, owns or has a
beneficial interest.
(3) A corporation, business association, or other business entity in which the official or
employed or other person subject to this chapter serves as an agent or a compensated representative.
(4) An association not otherwise covered by th/s definition between the official or employee,
or other person subject to this chapter, and another person, which involves the conduct of a common
enterprise.
CAN'D/DATE. An individual who seeks nomination or election to a city office. An individual is a
candidate when the individual:
(1) Files a statement of candidacy or petition for nomination for office with the appropriate filing
officer;
(2) Is nominated for office by a party at a primary, nominating convention or petition for
nora/nation;
(3) Solicits or receives and retains contributions, makes expenditures or gives consent to an
individual, organized political party, or committee to solicit or receive and retain contributions or make
expenditures to secure nomination election to any office ~/t any time, whether or not the office for which
the individual will seek nomination or election known when the solicitation is made, contribution is
received and retained or expenditure is made; or
(4) Is an office holder who is the subject of a recall election.
CttflI~TABI, E ORC, AIVIT, ATION. An organization described in 26 U.S.C. & 170(c) as it currently
exists or as it may be amended.
Ethi~ ancl Con:~ts of Iuter~ for City ~ an~ Eraploye~ 69
CO~.E~F~TION. Any money, thing of value, service or economic benefit conferred upon or
received by any person in return for services rendered or to berendered.
COI~FSUI~T.~IT. An individual other than an employee who contracts to evaluate bids for public
contracts or awards public contracts for the city.
~O/t~/ON. Refers to the city Ethics Conurdssion created under §§ 38.10 through 38.14 of this
chapter.
~ONO/~:~ ~:~'~u~T. An interest distinct from that of the general public in the city's purchase,
sale, lease, contract, option or other transaction or arrangement involving property or services in which
a public official or public employee may gain economic benefit of $50 or more.
E/~Or~-'~-; Any individual, other than elected official, receiving compensation for services
performed for the city except individuals who perform services as independent contractors.
.F.M~Y .~E2V~ An individual who is the spouse, parent, sibling, child, father-in-law,
mother-in-law, son-in-law~ daughter-in-law, grandparent, grandchild or is a member of the individual's
household.
~ An individual who is an official, an employee, a candidate under the Campaign Finance laws
of Indiana, a consultant who is required to ~e a statement of economic interest under this chapter.
~-~: Money or other property having economic value which is transferred to an official or
employee without consideration in money or money's worth, other than a contribution pursuant to the
Indiana Campaign Finance laws. The term includes a rebate or discount in the price of anything of value
unless the rebate or discount is made in the ordinary course of business to a member of the general
public without regard to that person's status as an official, employee, candidate or consultant. The term
does not include the following:
(1) Printed informational promotional material. Free prated material which can be distributed
for the public awareness or public education, that is brochures, safety manuals and the like;
(2) A gift that is not used and not later than 30 days after receipt, is returned to the donor or
delivered to a charitable organization and is not claimed as a charitable contribution for federal income
tax purposes;
(3) A gift, devise or inheritance from an individual's spouse, child, parent, grandparent, sibling,
in-laws, or other relatives, so long as the donor is not acting as an intermediary for someone other than
a person covered in this subdivision;
(4) A certificate plaque other than a token commemorative with a value that does not exceed
$100; or
(5) Food or beverage consumed on the occasion when participation in a charitable, civic, or
community event which bears a relationship to the official's or employee's office and the official or
employee is attending in an official capacity.
OFF/C/~. Every individual elected or appointed to an office or position in any agency, commission,
or corporation of the city whether such individual is paid or unpaid.
70 Jeffemorrv~le -
P. EI~ON. Any individual, association, corporation, or other legal entity.
PURCI~f~I$'GA~. Any person who does regular purchasing for any department of the city in
amounts over $100.
(Ord. 93-OR-~.2, passed 6-7-93)
~ ~'~C~ GO1VI~I~ION
§ 38.10 CREATION AND COMPOSITION OF GOVEILNMENT ETI-IIC$ COMMISSION,
There is hereby created and established an Ethics Commission, consisting of five members who do
not held position of employment in any agency, and who are not declared candidates for elected,
non-party public office, or elected officials. The attorney for the city shall serve ex officio, as secretary
of the Ethics Commission, but shall not be a voting member nor shall be permitted to participate in any
deliberations.
(Ord. 93-OR-22, passed 6-7-93)
§ 3~.11 APPOINTMEN~ OF MEMB~ AND CHAIRPERSON.
(A) The Mayor of the city shall appoint two members of the Commission. The Common Council
shall appoint two members to the Comm~sion. The Clark County Prosecuting Attorney shall appoint
one member to the Commission. Moreover, the Clark County Prosecuting Attorney's appointment may
be an employee of the Clark County Prosecuting Attorney's Office. Further, said appointment may be
a licensed attorney and prosecutor. Ail appointed members shall be residents of the city and have never
been convicted of any crime.
(B) The Common Council and the Mayor shall appoint not less than one member of the Commission
who shall be a member of the opposite political party of the majority of the Council. Initially one
appointment by both the Common Council and the Mayor shall serve for a term of one year, the other
appointment shall serve for a term of two years. Thereafter all terms shall expire after two years. Each
appointee shall serve at the pleasure of the appointing authority until his or her successor is duly
appointed and qualified. Vacancies shall be filled by that appointing authority which appointed the
member creating the vacancy. A member appointed to fill a vacancy shall serve for the duration of the
unexpired term.
(Ord. 93-OR-22, passed 6-7-93)
§ 38.12 ~'NEI~ AUTHOI~I'T OF THE G~ ETHICS COI~VI~SSION.
The Ethics Commission shall have the powers and responsibilities:
(A) To adopt, amend, and rescind rules and regulations in furtherance of the operation of the
Commission.
(B) To make recommendations to the City Council for amendments to this chapter and for such
other legislation affecting the subject matter of this chapter as the Ethics Commission may deem
necessary or des/table.
Ethics ami Con lic of Interest for City O !ot. Ihnplc.mee 71
(C) To provide a continuing program of educational assistance and information regarding ethical
conduct of all offic!a~ and employees.
(D) To annually review statements of economic intereSt pursuant to § 38.20.
(Ord. 93-OR-22, passed 6-7-93)
§ 38.13 ADVISORY OPINIONS.
Upon the written request of an officer or employee, or without such request should a raajority of the
Commission deem it in the public interest, the Ethics Conurdssion may, upon request, render advisory
opinions concerning matters of governmental ethics, shall consider questions as to ethical conduct,
conflicts of interest and the application of ethical standards set forth in this chapter, and shall issue an
advisory opinion in writing as to any such question. The Commission shall publish its opinions without
any deletions or modifications necessary to prevent disclosure of the identity of the person who is the
subject of the opinion.
(Ord. 93-OR-22, passed 6-7-93)
§ 38.14 INVESTIGATIONS.
Upon request by the Mayor, a department head, an officer or employee, member of the Board of
Ethics, or any member of the Common Council, the Ethics Commission may hold hearings to investigate
possible violations of this chapter and if such Commission finds that a violation of this chapter has
occurred, it may recommend to the Mayor or appropriate official a resolution of the violation, or public
disclosure of the violation, or disciplinary action, which may include dismissal.
(Ord. 93-OR-22, passed 6-7-93)
ECONOMrC I~'~'miEST DISCLOSURE
§ 3~.20 EXCEPTIONS ?O R.EPOR'I'n~G p,.EQUIREMEIqT.~.
(A) This section does not require the disclosure of economic information concerning the following:
(1) A spouse legally separated from the official or emPloyee;
(2) A former spouse;
(3) A gift from a family member; or
(4) A campaign contribution that is permitted and reported pursuant to Indiana Campaign
Finance laws, if required.
(B) The foliowing individuals are required to file.
(1) All officials.
(2) An individual nominated to become an Official.
72 Je~monville - A::lmin~m~n
(3) An individual who is a candidate to become an official.
(4) A consultant.
(5) An employee, who as of December 31 of the previous year was acting as a purchasing
agent for the city or received from an individual business entity, doing business with an agency in which
the employee holds a position of employment, gifts or honoraria (including those received by members
of his or her immediate family) during the previous calendar year having an aggregate value of more than
$100.
(C) When statements shall be filed. The statements of economic interest must be filed for the
preceding year no later than February 1 of each year, complete through December 31 of the preceding
year, except:
(1) In the case of an individual nominated to be an official, or employee, no later than 41 days
after the nomination.
(2) In the case of a candidate to become an official, at the time of filing for public office.
(3) In the case of an employee employed after January 1, no later than March 1 or 41 days after
employment.
(4) In the case of officials or employees employed at the time of passage of this chapter, within
41 days after passage of this chapter.
(D) The statement shall be made under oath subject to the criminal penalties for penury in the state
and shah contain the following infonnation:
(1) The name of the official, employee, candidate or consultant;
(2) The business address of the official, employee, candidate or consultant;
(3) The position in which the official, employee, candidate or consultant serves an agency;
(4) The official's, employee's, candidate's, or consultant's employer;
(5) A list stating to the best of the f'fler's knowledge and the ability to obtain that knowledge
the amount and source of all gifts the official, employee, candidate or consultant and his or her family
member received during the past calendar year having an aggregate fair market value in excess orS100
from any ind/v/dual business entity doing business with an agency.
(6) A statement shall be made to the best of the filer's knowledge and the ability to obtain that
knowledge of whether or not the official, employee, candidate or consultant or his/her family member
had a direct or indirect economic interest in any contract with the city during the past calendar year, or
other than a contract of employment, and, ~f so, an explanation of the extent of the interest.
(7) The name of any person from which the official, employee, candidate or consultant received
any compensation which to the best of the ftler's knowledge, does or contemplates doing business with
an agency during his or her term of office or employment with an agency.
Ethics ~ Conflicts of Inter~t ~or City Of~,~t~ ~ Employees 73
(8) The name of any business entity in which the officer, employee, candidate or consultant
or his or her family member owns stock, bonds or other investments which represent ov~ership of five
per cent or more of the business or have a value in excess of $5,000 and which business entity, to the
best of the flier's knowledge, is doing or contemplates doing business with an agency.
(Ord. 93-OR-22, passed 6-7-93)
ST~ OF ET~ GONDU~T
§ 3~.~0 DISOUAMi~CATION FROM AC~NG ON ~rr~' BUSINESS.
Any official or employee shall ~ himself or hemelf and refuse to act on any matter in which
such official or employee, a member of his or her family, or the private employer of the official or
employee, has an economic interest or might derive a profit and upon which the official or employee
would be required to act in the discharge of his official duties, unless otherwise required by law.
(Ord. 93-OR-22, passed 6-7-93)
§ 38.31 IlVlPROPEP..LY USING OFFICIAL POSITION.
(A) No official or employee shall knowinaly use, or permit the use of any individual, funds or
property under his or her official control, d/.rection, or custody, or any funds or property of an agency,
for a purpose which is, or to a reasonable person would appear to be, for the private benefit of the
official or employee or any other person. Nothing shall prevent the private use of property of an agency
which is available on equal terms to the public generally (such as library books or tennis courts), or the
use of property of an agency in accordance with municipal policy in the conduct of official business
(such as the use of automobiles of an agency), or the use of off duty equipment by law enforcement
officers, if allowed by the rules of the respective department, if, in fact, the property is used
appropriately.
(]5) An official or employee shall not advocate or cause the employment, appointment, promotion,
transfer, or advancement of a family member or business associate to an office or position of the city.
An official or employee shall not participate in an action relating to the employment or discipline a family
member or business associate.
(Ord. 93-OR-22, passed 6-7-93)
§ 38.~ IMPROPER INFLUI~CE.
No officer or employee, except in the course of official duties, shall assist any person in any
transaction with an agency when such officer's or employee's assistance is, or to a reasonable person
would appear to be, enhanced by that officer's or employee's position with an agency. This section shall
not apply either to an elected official, or to any official or employee appearing on his own behalf or
representing himself as to any matter in which he has an economic interest, if not otherwise prohibited
by law.
(Ord. 93-OR-22, passed 6-7-93)
74 Jeffemonvflle - Adminfstmtion
§ 38.33 PROHIBITION OF CI~TAIN Ffl~ANOIAL Ilv£~ST.
No official or employee regardless of prior disclosure thereof, who has a material interest,
personally, or through a member of his or her family, in any business entity doing or seeking to do
business with any agency, shall knowingly influence or attempt to influence the selection of, or the
conduct of business with, such business entity by any agency.
(Ord. 93-OR-22, passed 6-7-93)
§ 38.34 umu'S OR LOANS PROI~]~n'~u.
No official or employee shall solicit or receive any thing of monetary value from any person when
it has been solicited, received or given or, to a reasonable person, would appear to have been solicited,
received or given, with the intent to give or obtain special consideration or influence as to any action
by such official or employee in his or her official capacity. Nothing shall prohibit contributions, including
political contributions, which are reported in accordance with applicable law or which are accepted on
behalf of an agency, or an honorarium, travel or other expenses reimbursed to any official or employee
as a result of a speaking engagement or personal appearance made as a result of that individual's official
position.
(Ord. 93-OR-22, passed 6-7-93)
§ 38.3~ ~m'l'S OR HONOP, AP/A IN EXCESS OF $~00 PROHiBITeD.
No official or employee shall accept gifts or honoraria (including such received by his or her family
members) that exceed an aggregate value of $200 in any twelve consecutive months from an individual
business entity and all subsidiaries threof, that is doing business with the agency in which the official or
employee holds an office or position of employment.
(Ord. 93-OR-22, passed 6-7-93)
§ 38.36 DI~LOSUP, E OF PP,1V~LEOt~u INFORMATION.
No official or employee shall disclose or use any information gained by reason of his or her official
position for the immediate or anticipated personal gain or benefit Of the official or employee or any other
person. However, nothing shall prohibit the disclosure or use of information which is a matter of public
knowledge or which is available to the public on request.
(Ord. 93-OR-22, passed 6-7-93)
O01~I.~INTS, IN~t~TIG~TION~, I~-~RINGS ~ APPEALS
§ 38.48 PROCEDURE FOR FILING COMPLAINT.
Any person may file a complaint alleging a violation of this chapter. If such complaint is filed by a
member of the Ethics Commission, such member is then disqualified in pa~icipating in any proceedings
that may arise from the complaint.
(A) The complaint shall be in writing and signed under the penalties of perjury by the affront. The
complaint shall state the nature of the alleged violations, the dates, time and place of each occurrence,
Ethics and Confl~-ts of Interest for City Officials and Employees
and x,,~me of the persons charged with the violations. The complaint shall be filed with the Secretary of
the Board. the M~yor, the President of the Jeffersonville City Council, the Clark County Prosecuting
Attorneys Office, and the accused at which the complaint is directed. The complaintant shall also provide
copies of any and all relevant documents to substantiate the allegations set forth.
(B) All complaints shall remain confidential. YTnen a complaint reaches public hearing before the
Ethics Co--on, the complaint and all records pertaining thereto shall become public records.
(C) ~F~thin 30 days after receipt of a complaint, the secretary shall conduct a preliminary
investigation. The secretary may request that the Ethics Commission extend the time for the completion
of such preliminary investigation. If the Ethics Commission determines that such extension is necessary
or desirable and would not be prejudicial to the person charged with the violation, the Board cf Ethics
shall grant the extension. If the Ethics Commi.~ion determines that the preliminary investigation must
be completed in less than 30 days in order to avoid prejudice or irreparable harm to the person charged
with the violation, the Ethics Commission shall order the secretary to complete the preliminary
investigation in a shorter period of time, and the secretary shall comply.
(D) If the secretary deterrrdnes, after preliminaryinvestigation, that there are nc reasonable gro~mds
to believe that a violation has occurred, the secretary shall report that determination to the Commission.
The Ethics Commission shall review and either dismiss or pursue the complaint. If the Cemroission does
so dismiss the complaint, they shall do so in writing, setting forth the facts and the provisions of law upon
which the d~missal is based, and provide copies of the written disrnissal to the complaint, to the person
charged with the violation and to the Ethics Commission. The record shall remain confidential unless the
person against whom the complaint was made requests disclosure.
(E) If, after preliminary investigation, the secretary does not dismiss the complaint cr ask for
additional time to conduct a more extensive investigation, the secretary shall refer the complaint to the
Ethics Commission. The Commission shall schedule the matter for hearing within 30 days, and the
accused shall be given the opportunity to attend. The matter may be resolved at a preheating conference
between the secretary and the person charged with the violation, and any such resolution must be
approved by the Ethics Commission.
(F) All hearings that are held to determine whether the provisions °f this chapter have been vi°fated
shall be conducted in conformance with the rules and regulations of the Ethics Commission as otherwise
provided in this chapter.
(Ord. 98-OR-22, passed 6-7-93)
§ 38.46 APPEA~S.
The right to appeal those decisions entered into by the Commission shall be as follows:
(A) If an employee or official objects to the findings of the Board he shall, within 15 days of receipt
of notice thereof file a notice of objection to the Commission's findings. The employee or official shall
set forth specifically her objections and set forth specifically her request for relief. That notice shall be
delivered to the office of the Secretary of the Commission. Withhin ten days the Secretary shall be
required to forward Copies to the Mayor and the accused.
76 Je~-woma~le - ~lmln~ratAon
(B) With~ ten days of the delivery of notice the Conurdssion shall meet to consider the official's or
employee's objections. That the Commission shall either affirm its original decision~ amend its decision
or reverse its decision based upon the official or employee's request.
(C) If the employee or official objects to the Commission'S decision, the official or employee may
appeal the Commission's decision to the Clark Cfi'cult Court.
(D) The standard of review shall be the same as that standard for reviewing all administrative
decisions in the state.
(Ord. 93-OR-22, passed 6-7-93)
§38.88 FAILURE TO F/LE STA'rkm,~TI'; VIOLATIONS.
(A) Any official or employee who knowingly falls to file a statement of economic interest when
required by §§ 38.10 through 38.14 shall be subject to a fine of $25 for each 30 days such a statement
is delinquent. The Commission or Judge shall have the discretion to waive any fine imposed by this
section.
(B) Failure of any official, employee, candidate or consultant to file a statement may result in the
Commission reporting such failure to the appropriate supervisory or appointment authority and may be
cause for suspension, discharge, removal from office, or other such disciplinary action as may, by the
appropriate authority, be deemed necessary and proper.
(C) Aviolation of this chapter may be cause for suspension, discharge, removal from office, or other
such disciplinary action as may, by the appropriate authority, be deemed necessary and proper, and
consistent with personnel ordinances and rules. A written response outlining any action taken as a result
of a violation or the reconunendation of the Ethics Commission shall be made within 14 calendar days
after receipt of the written recommendation. This section shall not derogate from employee rights under
any collective bargaining agreement or personnel ordinance, or rule promulgated thereunto. If the
appropriate authority determines that the written response required in this section cannot be made within
14 calendar days after receipt of the recommendation, because of procedures prescribed under any
collective bargaining agreement, personnel ordinance, or rule promulgated thereunto, the appropriate
authority shall so report within 14 days after receipt of the recommendation, stating the date on which
the written response will be submitted to the Ethics Commission. Upon receipt of the written response,
or in the event no response is received, the Ethics Commission shall review such matter and make such
further recommendation as may be appropriate.
(Ord. 93-OR-22, passed 6-7-93)