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HomeMy WebLinkAbout2018-OR-9 2018-OR-9 Ordinance Mandating the City Controller Present Public Information Regarding Funds Paid to Vendors, Sub-Contractors, Contractors Employees and other Individuals or Entities Paid by the City of Jeffersonville and/or The City's Subdivisions, Departments or Entities Under the Control of The City WHEREAS, the members of the Jeffersonville City Council (hereinafter "Council") are committed to insuring that the taxpayers and citizens of this community and the public in general have the ability to easily discern who receives payments from the government for services rendered to the government; WHEREAS, the Council believes that transparency and full-disclosure are essential elements to insure that the citizens and taxpayers have faith in the government of the City and government in general; WHEREAS, the Council passes claims at each meeting of the fiscal body which total hundreds of thousands of dollars. These claims are presented prior to the public meeting and are available to the public as well. However, although the Council is cognizant of the contents of each claim the sheer magnitude of the claims would make it difficult for the public to regularly digest the information in a meaningful way; THEREFORE, in order to simplify the public information available and to present it in a manner that the citizens, taxpayers and public in general can discern, the Council passes the following Ordinance mandating the City Controller and/or the Financial Department of the City of Jeffersonville, Indiana present the following information in a format that SHALL enable the Controller to publish the information in the Jeffersonville Evening News and the Jeffersonville City Website for the public to review NOT LATER THAN JUNE 1ST 2018 and each MARCH 1ST henceforth or until this Ordinance is rescinded, amended or determined to be in violation of laws of the State of Indiana and/or the United States Constitution. 1 DEFINITIONS: COMPANY: For the purpose of this ordinance "company" means any Corporation, Limited Liability Company ("LLC"), Partnership, Limited Partnership or any and all other business organizations, whether properly or improperly organized pursuant to Indiana law but that does business and that provide a service to the City CONFLICT OF INTEREST STATEMENT: When used in this ordinance the meaning shall be that meaning which is set forth and defined in the applicable Jeffersonville City Ordinance and Regulations that require employees to submit and complete a yearly "conflict of interest statement". CONTROLLER: Indiana Code 36-4-9-6(b)(1) provides that the Mayor shall appoint a City Controller. IC 36-4-10-5 sets forth the duties of the City Controller as Fiscal Officer. For the purposes of this ordinance any reference to "Controller" shall mean the City Controller individually, the Fiscal Department of the City and/or any and all agents and employees of the City of Jeffersonville serving in this capacity. EMPLOYEE: For the purposes of this ordinance, the term "employee" shall mean any individual that is an "employee" of the City of Jeffersonville, Indiana. "Employee" shall include, but not be limited to, any individual that receives any income from the City and receives either a W-2, 1099 and/or any other evidence of payments as required by the United States Federal Government. INCOME: For purposes of this statute the term "income" shall be inclusive of that definition as set forth by the United States Federal Government. Income derived from services provided to the City of Jeffersonville SHALL INCLUDE, BUT NOT BE LIMITED TO, any payments made by the City ANY AND ALL subdivisions of the City, including, but not limited to the Parks Department, Sewer Works, Redevelopment Department and/or any and all entities, Boards, organizations that receive tax revenue or bond proceeds over which the City has domain and/or obligation to administer. PERSONAL SERVICE CONTRACT: For purposes of this ordinance "Personal Service Contract" SHALL INCLUDE, BUT NOT BE LIMITED TO, any and all contracts with individuals, professional companies (engineers, architects, 2 attorneys, law firms, etc.) that were not submitted for public bid pursuant to Indiana and/or Federal Law. This DOES NOT INCLUDE payments made companies pursuant to public works contracts for construction, repair and/or maintenance of roads. PECUNIARY INTEREST: For the purposes of this ordinance the term means any financial interest, or a financial benefit or financial disadvantage that an employee may have in any vendor of the City. An employee and/or company or entity shall be deemed to have a "pecuniary interest" when, if a matter before the council, or any committee or other entity of the City, is decided in a particular that employee, person, company or entity: 1) Will gain, lose or save money, gain financial advantage, or suffer financial disadvantage 2) Could be expected to gain, lose or save money, gain a financial advantage or suffer a financial disadvantage; or 3)Are reasonably likely to gain or lose money, gain a financial advantage, or suffer a financial disadvantage. A "pecuniary interest" shall include, but not be limited to any interest that an employee has as a result of that employee's relationship with another person, company, partnership or any oral or written agreement with a vendor wherein the employee receives a benefit. This shall also include any "close relationship" that an employee may have with a vendor. In this context "close relationship" shall mean a "pecuniary interest" in: a) a company or incorporated association or club of which you are a director or a member of the governing body ; b) a company in which an employee is a shareholder c) a beneficiary of a trust which an employee is a trustee d) an entity which an employee is a business partner e) a person from whom an employee has received, or might receive in the future, a fee, commission, or other rewards for providing professional services; 3 f) an employee's immediate family members, including the employees spouse or partner, parents, children, brothers, sisters and the employee's spouse or partner's parents, children and brothers and sisters REPORT: For purposes of this ordinance "report" shall mean the document setting forth the information mandated to be produced by this ordinance. The "report" shall be in a format that can be easily read and published in the local newspaper and any other information outlet so determined by the Council. The "report" shall be a listing of the names of those individuals that receive the greatest amount of "income" from their relationship as a "vendor" or their relationship with someone that is an "employee" who has a "pecuniary interest" in a company, partnership, "personal service contract" and or maintains a "close relationship" with those individuals as defined throughout this ordinance. VENDOR: The term "vendor" shall refer to any individual or entity that receives payments from the City of Jeffersonville and/or its sub-divisions and/or other entities. This shall include payments made on behalf of the Jeffersonville Wastewater Treatment Plant, Jeffersonville Parks Department, Jeffersonville Fire and Police Departments, Jeffersonville Redevelopment Commission and/or all other entities, Boards or organizations that receive the benefit of payment from tax funds and that the City of Jeffersonville, the City Council and/or any other Board or entity created by Indiana Code oversees the distribution and budgeting. The term "vendor" DOES NOT include Lease Payments; Telephone Service payments; Water Utility Payments; Electric Utility Payments; Gas Utility Payments; Motor Equipment Payments; Tires and Tubes; Sales Taxes Paid; Fuel; Health Insurance Payments; Property Casualty Insurance; Liability Insurance; all payments made for purchases Real Estate and or payments made to "Pass Through Entities, and reoccurring payments for equipment and supplies. Further, the term "vendor" DOES NOT includes any utility company that provides a utility service to the city and/or its properties. It shall not include banks for which the city pays payments for loans, lease agreements, bond payments or other regular payments for debts incurred by the city. Payment of debt on bonds and other obligations for SHALL NOT be considered as a Vendor for purposes of this ordinance The term "vendor" SHALL INCLUDE, BUT NOT BE LIMITED TO include payments for Professional Services; Other Services and Charges (such as, but not limited to, payments for lawn service, private protection services, etc.) II. REPORTING REQUIREMENT 4 The City Controller shall be obligated to provide the following reports not later than March 1St, 2018 and each year thereafter: 1) Income Earnings: The Controller shall provide a list of the names of the twenty (20) employees of the City of Jeffersonville who have earned the greatest income compared to all employees. This list shall include the calculation of all income earned by the individual. Income shall be calculated based upon the definition of "income" as set forth in this ordinance. The list shall be set forth in the following format: Name of Employee Job Title Total Income Earned 2) Vendor Earnings: The Controller shall provide a list of the names of the Forty (40) Vendors providing service to the City of Jeffersonville who have been paid the most money compared to all other vendors. This list shall include the calculation of all funds paid to the vendor from all divisions, departments, bonds and any and all other funds maintained by the City of Jeffersonville. Vendor shall be defined by the definition of this ordinance when determining which vendors shall be evaluated for the purpose of developing this list. The list shall be set forth in the following format: Name of Vendor Total Income Paid 3) Employee Businesses: The Controller shall provide a list of the names of the twenty (20) businesses providing service to the City of Jeffersonville who have been paid the most money and which an employee of the City of Jeffersonville has a "pecuniary interest" as defined by this ordinance. This list shall include all businesses that a City of Jeffersonville employee has revealed in the City's required "Conflict of Interest Statement". Moreover, the calculations for payments to said "employee businesses" shall include all payments made to said business as defined in this ordinance. This list shall be set forth in the following format: Name of Vendor Name of City Employee(s) Amount Paid With Pecuniary Interest 5 III. Retroactive Reporting: This ordinance shall become effective on the date of passage and shall remain in effect until that time which the City Council either rescinds, remands or revokes the requirements set forth herein. The Controller shall be obligated to provide the information mandated in this ordinance for the year 2017. The Controller's obligation to provide these two retroactive reports shall be June 1, 2018. This Ordinance shall be in full force and effect after its passage by the Council and approval by the Mayor. Any other ordinances or resolutions in direct conflict of the terms set forth herein are hereby repealed and superseded by this Ordinance. 01# \.:______yOTED FOR: VOTED AGAINST: ► i - '''.t 1) I SO ORDAINED this / 9 day of ` 29 , 2018, by the Common Council of the City of Jeffersonville, Clark County, Indiana. • n- � oistt President V.:3T:icki Conlin, Clerk P( relented by me as Clerk to the Mayor of said City of Jeffersonville , day of YirY) 2018. . ,` i Vicki C•nli - Approved and signed by me this day of , 2018. I-/ L(f�...._ Mike oore, Mayor 6