TITLE III: ADMINISTRATION


Chapter


30. COMMON COUNCIL

31. CITY OFFICIALS AND EMPLOYEES

32. DEPARTMENTS, BOARDS AND COMMISSIONS

33. PUBLIC RECORDS

34. FINANCE AND REVENUE; TAXATION

35. CITY POLICIES



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CHAPTER 30: COMMON COUNCIL


Section

30.01 Council districts



30.01 COUNCIL DISTRICTS.

(A) This city shall hereby be governed by IC 36-4-6-5 rather than IC 36-4-6-4.

(B) The four districts of the city shall be as follows:

(1) District Number One shall be and include all that part of the city lying south of the center of Main Street and west of the center of 6th Street.

(2) District Number Two shall be and include all that part of the city lying north of the center of Main Street and west of the center of 7th Street.

(3) District Number Three shall be and include all that part of the city lying north of the center of Main Street and east of the center of 7th Street.

(4) District Number Four shall be and include all that part of the city lying south of the center of Main Street and east of the center of 6th Street.
(Ord. 8-1982, passed 8-30-82; Am. Ord. 11-1982, passed 12-6-82; Am. Ord. 7-1992, passed 12-21-92)



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CHAPTER 31: CITY OFFICIALS AND EMPLOYEES


Section

31.01 Payment of travel expenses
31.02 Health insurance
31.03 Vacation leave
31.04 Bereavement leave
31.05 Paid holidays
31.06 Use of credit cards
31.07 Vending machine


31.01 PAYMENT OF TRAVEL EXPENSES.

It has been determined that the travel expenses and meal expenses of city officials, when traveling on official city business, should be paid by the city, and it is hereby authorized, approved and ordained by the Common Council that city officials be reimbursed as follows:

(A) For travel expenses incurred by them in the performance of official duty business when furnishing their own transportation - at the rate of $.31 cents per mile traveled; and

(B) For meal expenses incurred by them in the performance of official city business in an amount equal to that actually paid, with the understanding that since the city is not responsible for paying sales taxes, no sales tax paid on the meal by the city official shall be reimbursed; further no alcoholic beverages shall be reimbursed.
(Ord. 33-1965, passed 11-1-65; Am. Ord. 20-1998, passed 7-6-98; Am. Ord. 00-14, passed 11-6-00; Am. Ord. 00-0-22, passed 11-6-00)


31.02 HEALTH INSURANCE.

The city will pay a maximum of $300 per month on health insurance.
(Ord. 20-1998, passed 7-6-98)


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31.03 VACATION LEAVE.

Vacation shall be one week following one year of full time service and two weeks after completion of two years of full time service. After 15 years of service a employee will be entitled to three weeks of vacation. Employees shall be paid for unused vacation time for the current year upon termination of service.
(Ord. 20-1998, passed 7-6-98)


31.04 BEREAVEMENT LEAVE.

A bereavement leave of three working days will be granted in the event of the death of a parent, grandparent, sibling, or lineal descendent of the employee or his or her spouse.
(Ord. 20-1998, passed 7-6-98)


31.05 PAID HOLIDAYS.

(A) The following are paid holidays for all city employees:

New Year's Eve Labor Day
New Year's Day Columbus Day
Martin Luther King Day Election Day (Fall)
President's Day Veteran's Day
Good Friday Thanksgiving Day
Election Day (Spring) Friday after Thanksgiving
Memorial Day Christmas Eve
Independence Day Christmas Day

(B) When any of the above holidays fall on a Sunday, the following Monday shall be observed as the city holiday. When any of the above holidays fall on a Saturday, the preceding Friday shall be observed as the city holiday. This shall apply to all holidays except New Year's Eve and New Year's Day, which will always be observed as Friday for New Year's Eve and Monday for New Year's Day when any of the days fall on a Saturday or Sunday. All employees are due an additional day off or compensation if the holiday should fall on their regularly scheduled day off. In addition, all employees are also due compensation or time off if work is performed on a listed holiday.

(C) For the year 2005 and for the coming years in which there is no primary election or general election, to provide that the holiday known as “Election Day” (Spring), shall be moved to be a part of the “Independence Day” holiday.

(D) For the year 2005 and for the coming years in which there is no primary election or general election, to provide that the holiday known as “Election Day” (Fall), shall be moved to be a part of the “Labor Day” holiday.


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(E) In the coming years in which there is an election, the holidays set forth in this section shall remain as set forth.
(Ord. 20-1998, passed 7-6-98; Am. Ord. 00-03, passed 3-13-00; Am. Ord. 13-2000, passed 7-12-00; Am. Ord. 2-2005, passed 5-2-05)


31.06 USE OF CREDIT CARDS.

Under home rule (since there is no specific statute regarding the use of credit cards by local governmental units) the Common Council hereby authorizes the use of credit cards by the Mayor and Clerk-Treasurer subject to the following rules and conditions:

(A) In each instance the credit card, once the purpose for which the cards were issued is accomplished, must be returned to the proper person who has authority for same and shall be kept in a safe place by the respective person who has same (either the Mayor or Clerk-Treasurer).

(B) These cards may not be given to any other individuals as agents to use.

(C) These cards must be used on city business and only when there are adequate funds on hand to pay for the charged item(s) once the bill is received so as to prevent the obligation to pay any interest, carrying charges or late payment fees.

(D) All claims must be itemized as provided for in IC 5-11-10 before being approved and paid. If any interest or penalty is incurred due to late filing or the failure to furnish adequate funds, the employee (Mayor or Clerk-Treasurer, as the case may be) should be held responsible for paying the interest or penalty charges, as well as any attorney fees and/or court costs connected with the collection of any balance not paid on time without interest, carrying charge, or penalty charges.

(E) All costs and expenses incurred and charged with the credit cards must be directly related to the business of the city and not personal in nature. Any items such as cleaning, pressing, laundry, personal telephone calls, etc., are personal and should not be paid from public funds.

(F) The maximum limits on the cards must not exceed:

(1) Mayor - $14,000.

(2) Clerk-Treasurer - $7,000.

(G) The City Council shall have the right to revoke these cards by majority vote at any time. However, any charges made prior to the revocation which otherwise comply with this section shall be paid when properly presented for payment by itemized claim duly filed. If any expenses have been charged which are not, in the opinion of a majority of the City Council, directly related to city business or which have not been properly budgeted for. Example: a credit card charge for more than the available balance on any budget item shall be in violation of this section and shall be paid for by the person making such charge.

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(H) The city may pay the annual “membership fee”, “service fee” or “renewal charge” levied by the credit card issuer as regards each such card.
(Ord. 00-14, passed 8-28-00; Am. Ord. 00-0-23, passed 8-28-00)


31.07 VENDING MACHINE.

(A) No members of the public shall be allowed to use the vending machine because of requirements of the State Board of Accounts. The vending machine shall not be located in an area where the public can make use of the vending machine.

(B) Only city employees, including the Mayor, City Councilmen and members of the Board of Works, shall be permitted to use the vending machine.

(C) The revenues evolved from such vending machine shall be used for the city employees who use this machine in a manner to be determined by the Mayor at the end of each calendar year.
(Ord. 13-1999, passed 10-4-99)



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CHAPTER 32: DEPARTMENTS, BOARDS AND COMMISSIONS


Section

Department of Development

32.01 Establishment
32.02 Economic development commission; duties and powers

Police Department

32.15 Pension fund established
32.16 Buy Money program
32.17 Clothing allowance
32.18 Longevity
32.19 Reserve officers
32.191 Reserve Police Officer Fund

Volunteer Fire Department

32.20 Incorporation
32.21 Meetings
32.22 Rules and regulations,
32.23 Clothing and automobile allowances

County Health Department

32.30 Establishment

Department of Parks and Recreation

32.40 Establishment
32.41 Board - number and initial members; vacancies
32.42 Removal of members for cause
32.43 Regular and special meetings; election of officers; quorum
32.44 Compensation of members; attendance at conferences; per diem allowances; offices
32.45 Powers and duties of Board
32.46 Additional powers and duties; leases of certain lands
32.47 Sale of surplus property; notice of private sales
32.48 Superintendent of parks and recreation; appointment; vacancies; qualifications; eligibility of incumbents


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32.49 Assistants to superintendent; appointment and qualifications; duties
32.491 Bond or crime insurance policy of certain officers and employees
32.492 Creation of advisory councils and special committees; selection of members; duties; reports
32.493 Acceptance of gifts, donations and subsidies; deposit of money received
32.494 Taxing districts for special benefit taxes; provisions for operating and capital expenditures

Board of Zoning Appeals

32.50 Appointment of members
32.51 Qualifications
32.52 Term; vacancy

Plan Commission

32.60 Appointment of members; vacancies
32.61 Qualifications
32.62 Term

Purchasing Agency

32.65 Establishment
32.66 Powers and duties
32.67 Purchasing agent

Department of Redevelopment

32.75 Establishment
32.76 Redevelopment District
32.77 Appointment of members



DEPARTMENT OF DEVELOPMENT


32.01 ESTABLISHMENT.

There is hereby created the City Department of Development, which shall be an addition to existing executive departments of the city.
(Ord. 1-1976, passed 2-2-76)





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32.02 ECONOMIC DEVELOPMENT COMMISSION; DUTIES AND POWERS.

(A) Said Department of Development shall be under the control of a commission of five members, to be known as "Mitchell Economic Development Commission."

(B) The members of said Commission shall be appointed and shall perform the duties and exercise the powers, all as set forth in Public Law 182, as amended.
(Ord. 1-1976, passed 2-2-76)



POLICE DEPARTMENT


32.15 PENSION FUND ESTABLISHED.

There is hereby created a Police Officer's Pension Fund and Board of Trustees for the Police Officer's Pension Fund.
(Ord. 2-1958, passed 1-6-58)


32.16 BUY MONEY PROGRAM.

(A) The city shall have a program for furnishing buy money for the purchase of controlled substances to the city police force or for making payments to informants in a maximum amount to be
determined by the City Council each year in the making of its budget, as a separate budget item.

(B) The Chief of Police of the city shall make informal, written application to the Clerk-Treasurer, requesting that the Clerk-Treasurer release certain of those funds. That request must:

(1) be in writing;

(2) signed by the Chief of Police, or if he is not available, the Assistant Chief of Police;

(3) specify the amount, not greater than that budgeted, requested;

(4) be dated.

(C) Upon receipt of the request conforming to the requirements of subsection (B), the Clerk-Treasurer shall write a check drawn upon the appropriate budgeted line item for the amount requested, not to exceed that amount which remains in the budget for this specific item. The check shall be payable to the Chief of Police or Assistant Chief of Police as the case may be, and shall have the notation "Buy Money" written on the check.

(D) Before the end of the fiscal year in which the buy money was taken out by the police department, the police department, under signature of the Chief of Police or Assistant Chief of Police, shall return any unused funds and shall make written account for such funds according to the

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Clerk-Treasurer of the city, as required by the Guidelines for the Expenditure of Confidential Funds, published March 27, 1992, by the Indiana Criminal Justice institute.
(Ord. 2-1998, passed 2-2-98)


32.17 CLOTHING ALLOWANCE.

A clothing allowance of $800 per year after the first year of service to be paid one half in June and one half in December, shall be paid to each police officer.
(Ord. 20-1998, passed 7-6-98)


32.18 LONGEVITY.

(A) Longevity pay shall be set as follows:

Years of service Longevity Pay

0-1 0
1-2 0
2-3 0
3-4 0
4-5 0
5-6 500
6-7 1000
7-8 1500
8-9 2000
9-10 2500
10-11 3100
11-12 3700
12-13 4300
13-14 4900
14-15 5500
15-16 6200
16-17 6900
17-18 7600
18-19 8300
19-20 9000
20-21 10,000
21-22 11,000

(B) Longevity shall be added to the payroll of the eligible employee at the beginning of the year, and shall be subject to all regular payroll withholdings.
(Ord. 20-1998, passed 7-6-98; Am. Ord. 14-2000, passed 7-12-00; Am. Res. 3-2000, passed 2-28-00)




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32.19 RESERVE OFFICERS.

(A) As authorized by the provisions of IC 36-8-3-20, police reserve officers shall be established to be appointed in the same manner and by the same authority that appoints the regular members of the city police force.

(B) The name of the police reserve shall be the “Mitchell Police Reserve”.

(C) The number of the police reserve officers shall be fixed by the Board of Public Works and Safety.

(D) Police reserve members may not be members of the regular Police Department but have all the same powers as regular members, except as limited by the rules of the department. The Police Department may adopt rules to limit the authority of police reserve officers, which rules shall be in writing and communicated to all members of the department, reserve and regular alike.

(E) To the extent that money is appropriated for a purpose listed in this subsection, police reserve officers may receive any of the following:

(1) A uniform allowance;

(2) Compensation for time lost from other employment because of court appearances; and

(3) Insurance for life, accident and sickness coverage.

(F) Police reserve officers are not eligible to participate in any pension program provided for regular members of the department.

(G) A police reserve office may not be appointed until he has completed the training and probationary period specified by rules of the department.

(H) A police reserve officer may not do any of the following unless the police reserve officer successfully completes a prebasic course under IC 5-2-1-9(f):

(1) Make an arrest;

(2) Conduct a search or a seizure of a person or property; or

(3) Carry a firearm.

(I) A police reserve officer may be covered by the medical treatment and burial expense provisions of IC 22-3-6 and IC 22-3-7. If compensability of the injury is an issue, then administrative procedures of IC 22-3-6 and IC 22-3-7 shall be used to determine the issue.
(Ord. 00-16, passed 12-4-00)




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32.191 RESERVE POLICE OFFICER FUND.

(A) A “Reserve Police Officer Fund” is hereby created into which may be paid all grant monies received by the Mitchell Police Reserve, any and all gifts and donations, and all other monies, regardless of the source, which may be paid to the Mitchell Reserve Police Officers.

(B) Withdrawals from the fund shall be only as approved by the Board of Public Works and Safety of the city. The records for such fund shall be kept by the City Clerk-Treasurer.
(Ord. 1-2002, passed 2-4-02)



VOLUNTEER FIRE DEPARTMENT


32.20 INCORPORATION.

(A) The Volunteer Fire Department of the city is hereby given authority to incorporate under the provisions of the non-profit corporation statutes of the state.

(B) This authority to incorporate is given in order that the present Volunteer Fire Department of the city may comply with the provisions of Chapter 298 of the 1961 Acts of the Indiana Legislature.

(C) The city does not, by passage of this section, waive or relinquish the right and authority to control and direct its Volunteer Fire Department.

(D) The Volunteer Fire Department shall continue to be and remains under the control and direction of the Common Council of the city.
(Res. 42-1961, passed 11-20-61)


32.21 MEETINGS.

(A) The volunteer firefighters shall meet on the second Monday of each month, unless that shall fall on a holiday.

(B) In December of each year, the Fire Chief shall meet with the Mayor to prepare a schedule of meetings for the following year and to prepare a schedule with any alternate meeting dates that may be necessary because of holidays.

(C) The Fire Chief shall be responsible for furnishing an attendance sheet for all fires and meetings for the month by the first day of the following month.
(Ord. 7-1983, passed - -83)





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32.22 RULES AND REGULATIONS.

The Fire Chief, together with the Mayor and Board of Works of the city, shall hereby promulgate all proper and necessary regulations and rules for the conduct of the fire fighter appointed to the Volunteer Fire Department of the city.
(Ord. 7-1983, passed - -83)


32.23 CLOTHING AND AUTOMOBILE ALLOWANCES.

(A) A clothing allowance of $100 per year shall be paid to each firefighter.

(B) An automobile allowance of $100 per year shall be paid to each firefighter.
(Ord. 7-1983, passed - -83; Am. Ord. 20-1998, passed 7-6-98)


32.24 COMPENSATION.

Payment shall be made to each firefighter on the regular city pay date closest to the 15th day of the month following the preceding month.
(Ord. 7-1983, passed - -83)



COUNTY HEALTH DEPARTMENT


32.30 ESTABLISHMENT.

There is established and maintained for the County of Lawrence a full-time County Health Department pursuant to state law, effective January 1, 1965. This city hereby elects to abolish their part-time Health Department, effective December 31, 1965, and come under the complete jurisdiction of said County Health Department.
(Res. 18-1964, passed 4-6-64)



DEPARTMENT OF PARKS AND RECREATION


32.40 ESTABLISHMENT.

Pursuant to the provisions of IC 36-10-5, there is hereby established a Department of Parks and Recreation, consisting of a Board of Parks and Recreation, a Parks Superintendent, and other such personnel as the Board may determine.
(Ord. 6-1983, passed 8- -83; Am. Ord. 9, passed 12-3-01)
Statutory reference:
For similar state law, see IC 36-10-3-3

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32.41 BOARD - NUMBER AND INITIAL MEMBERS; VACANCIES.

(A) The Board shall be composed of four members to be appointed by the Executive of the city. The members shall be appointed on the basis of their interest in, and knowledge of, parks and recreation, but no more than two members may be affiliated with the same political party. Members of the Park Board must be residents of the city at all times that they serve or are appointed to such position. Neither the city’s executive nor a member of the City Council may serve on the Park Board.

(B) Appointments to the initial Board shall be as follows:

(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.

(C) As a term expires, each new appointment is for a term of four years. All terms expire on the first Monday in January, but a member continues in office until his or her successor is appointed. If an appointment for a new term is not made by the Mayor by the first Monday in April of that same year, the incumbent shall serve another four-year term.

(D) If a vacancy occurs on the Board, the appointing authority shall appoint a person to serve for the remainder of the unexpired term.
(Ord. 6-1983, passed 8- -83; Am. Ord. 9, passed 12-3-01)
Statutory reference:
For similar state law, see IC 36-10-3-4 and IC 36-10-3-5


32.42 REMOVAL OF MEMBERS FOR A CAUSE.

A member may be removed only for cause, upon specific written charges filed against him or her. The charges shall be filed with and heard by the appointing authority, unless the appointing authority is bringing the charges. If the appointing authority is bringing the charges, the city’s fiscal body shall appoint a hearing officer. The person so appointed as a hearing officer shall fix a date for a public hearing and give public notice at least ten days in advance of the hearing. The person against whom charges are being brought shall also be given actual notice of the hearing either by personal service or by certified mail, return receipt requested. At the hearing the member against whom charges are brought is entitled to present evidence and argument and be represented by counsel.
(Ord. 6-1983, passed 8- -83; Am. Ord. 9, passed 12-3-01)
Statutory reference:
For similar state law, see IC 36-10-3-6


32.43 REGULAR AND SPECIAL MEETINGS; ELECTION OF OFFICERS; QUORUM.

(A) All meetings of the Board are open to the public. The Board shall fix the time and place of its regular meetings, but it shall meet at least quarterly.

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(B) Special meetings of the Board may be called by the President or and by two members by written request to the secretary of the Board. The secretary shall send to each member, at least two days before a special meeting, a written notice fixing the time, place and purpose of the meeting. The written notice so served on each member two days in advance shall fix the time, place, and advise of the purpose of the meeting. Written notice of the special meeting is not required if the time of the special meeting is fixed at a prior regular meeting or if all members are present at the special meeting.

(C) At its first regular meeting each year the Board shall elect a president and a vice president. The vice president may act as president during the absence or disability of the president. The Board shall also select a secretary and may do so from within or outside of its membership. (If chosen from outside, the secretary shall be non-voting.)

(D) A majority of all members constitutes a quorum. Action of the Board is not official unless it is authorized by at least three members present and acting.
(Ord. 6-1983, passed 8- -83; Am. Ord. 9, passed 12-3-01)
Statutory reference:
For similar state law, see IC 36-10-3-8


32.44 COMPENSATION OF MEMBERS; ATTENDANCE AT CONFERENCES; PER DIEM ALLOWANCES; OFFICES.

(A) The members of the Board may receive a salary in an amount fixed by the fiscal body.

(B) If the Board determines that members or employees should attend a state, regional or national conference dealing with park and recreation problems, the Board may authorize the payment of the actual expenses involved in attending the conference. However the amount must be available as a part of the Board’s appropriation.

(C) A fiscal body may appropriate and approve a per diem allowance to a member of a board for attending a meeting of the Board.

(D) The City Council shall provide suitable quarters for holding meetings and conducting the cork of the Board.
(Ord. 9, passed 12-3-01)
Statutory reference:
For similar state law, see IC 36-10-3-9


32.45 POWERS AND DUTIES OF BOARD.

(A) The Board shall:

(1) Exercise general supervision of and make rules for the department;

(2) Establish rules governing the use of the park and recreation facilities by the public;


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(3) Provide police protection for its property and activities, either by requesting assistance from state, municipal or county police authorities, or by having specified employees deputized as police officers; the deputized employees, however, are not eligible for police pension benefits or other emoluments of police officers;

(4) Appoint the necessary administrative officers of the department and fix their duties;

(5) Establish standards and qualifications for the appointment of all personnel and approve their appointment without regard to politics;

(6) Make recommendations of an annual report to the executive and fiscal body of the city concerning the operations of the Board and the status of park and recreation programs in the city;

(7) Prepare and submit an annual budget in the same manner as other executive departments of the city; and

(8) Appoint a member of the Board to serve on another kind of board of commission, whenever a statute allows a park or recreation board to do this.

(B) The Board shall fix the compensation of officers and personnel appointed under divisions (A)(4) and (5) subject to IC 36-4-7-5 and 36-4-7-6.
(Ord. 9, passed 12-3-01)
Statutory reference:
For similar state law, see IC 36-1-3-10


32.46 ADDITIONAL POWERS AND DUTIES; LEASES OF CERTAIN LANDS.

(A) The Board may:

(1) Enter into contracts and leases for facilities and services;

(2) Contract with persons for joint uses of facilities for the operation of park and recreation programs and related services;

(3) Contract with another board, a unit, or a school corporation for this use of park and recreation facilities or services, and a township or school corporation may contract with the Board for the use of park and recreation facilities or services;

(4) Acquire and dispose of real and personal property, either within or outside Indiana;

(5) Exercise the power of eminent domain under statutes available to municipalities;

(6) Sell, lease or enter into a royalty contract for the natural or mineral resources of land that it owns, the money received to be deposited in a non-reverting fund of the Board;

(7) Engage in self-supporting activities as prescribed by IC 36-10-3-22;

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(8) Contract for special and temporary services and for professional assistance;

(9) Delegate authority to perform ministerial acts in all cases except where final action of the Board is necessary;

(10) Prepare, publish and distribute reports and other materials relating to activities authorized by this chapter;

(11) Sue and be sued collectively by its legal name as the “Mitchell Park and Recreation Board”, with service of process being had upon the president of the Board, but costs may not be taxed against the Board or its members in any action;

(12) Invoke any legal, equitable, or special remedy for the enforcement of this chapter, a park or recreation ordinance, or the Board’s own action that taken under either; and

(13) Release and transfer, by resolution, a part of the area of which it has jurisdiction for park and recreational purposes to park authorities of another unit for park and recreational purposes upon petition of the Park or Recreation Board of the acquiring unit.

(B) The Board may also lease any building or grounds belonging to the city and located within a park to a person for a period not to exceed 50 years. The lease may authorize the lessee to provide upon the premises educational, research, veterinary, or other proper facilities for the exhibition of wild or domestic animals in wildlife parks, dining facilities, swimming facilities, golf courses, skating facilities, dancing facilities, amusement rides generally found in amusement parks, or other recreational facilities. A lease may be made for more than one year only to the highest and best bidder after notice that the lease will be made has been given by publication in accordance with IC 5-3-1.

(C) Notwithstanding division (B), the Board may lease buildings or grounds belonging to the city for a period of one year without soliciting the highest and best bidder or providing notice under IC 5-3-1 if:

(1) The buildings or grounds are leased to an Indiana nonprofit corporation;

(2) The buildings or grounds are operated as a public golf course; and

(3) The golf course remains subject to rules and regulations promulgated by the Board.
(Ord. 9, passed 12-3-01)
Statutory reference:
For similar state law, see IC 36-10-3-11


32.47 SALE OF SURPLUS PROPERTY; NOTICE OF PRIVATE SALES.

(A) The Board may sell or order sold through a designated representative, by public or private sale, any personal property that the Board has declared to be surplus at a regular or special meeting and has declared to have an aggregate appraised value of $5,000 or less. Whenever the Board decides to sell at a private sale, the Board must employ a qualified appraiser to determine a reasonable selling price for each kind of surplus item and must publish, in the manner provided by IC 5-3-1:

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(1) The fact that a private sale will be held;

(2) The location of the sale;

(3) The dates of the beginning and end of the sale;

(4) The time of the day during which the sale will take place;

(5) The kinds of items to be sold at the sale; and

(6) The price of each kind of item which may not be less than the reasonable selling price determined by the qualified appraiser.

(B) If the Board determines to sell at a public sale, the Board shall conduct the sale in the manner provided by law for the city.
(Ord. 9, passed 12-3-01)
Statutory reference:
For similar state law, see IC 36-10-3-12


32.48 SUPERINTENDENT OF PARKS AND RECREATION; APPOINTMENT; VACANCIES; QUALIFICATIONS; ELIGIBILITY OF INCUMBENTS.

(A) If the Board appoints a superintendent, the superintendent shall be appointed under IC 36-4-9-2 without considering political affiliation.

(B) The superintendent must:

(1) Be qualified by training or experience in the field of parks and recreation;

(2) Have a certification or an advanced degree in the field of parks and recreation.

(C) An incumbent performing park and recreation functions in a supervisory capacity at the time a unit adopts a creating ordinance under this chapter is eligible for appointment as superintendent or as an assistant, but he or she must have the required training, experience or certification.
(Ord. 9, passed 12-3-01)
Statutory reference:
For similar state law, see IC 36-10-3-13


32.49 ASSISTANTS TO SUPERINTENDENT; APPOINTMENT AND QUALIFICATIONS;
DUTIES.

(A) If the Board determines that the size of the Department’s operations requires assistants for the superintendent, the Board may appoint, upon the recommendation of the superintended, one or more assistants. The Board shall determine their qualifications on a basis similar to that prescribed for the superintendent.

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(B) Assistants are directly responsible to the superintendent and shall perform the duties specified by the superintendent.
(Ord. 9, passed 12-3-01)
Statutory reference:
For similar state law, see IC 36-10-3-15


32.491 BOND OR CRIME INSURANCE POLICY OF CERTAIN OFFICERS AND
EMPLOYEES.

(A) Every officer and employee who handles money in the performance of duties as prescribed by this chapter shall execute an official bond for the term of office or employment before entering upon the duties of the office or employment.

(B) The fiscal body of the city may under IC 5-4-1-18 authorize the purchase of a blanket bond or crime insurance policy endorsed to include faithful performance to cover all officers’ and employees’ faithful performance of duties. The amount of the bond or crime insurance policy shall be fixed by the City Council and must be approved by the Executive.

(C) All official bonds shall be riled and recorded in the office of the Lawrence County Recorder.

(D) The Commissioner of Insurance shall prescribe the form of the bonds or crime policies required by this section.
(Ord. 9, passed 12-3-01)
Statutory reference:
For similar state law, see IC 36-10-3-16


32.492 CREATION OF ADVISORY COUNCILS AND SPECIAL COMMITTEES; SELECTION
OF MEMBERS; DUTIES; REPORTS.

(A) The Board may create an advisory council and special committees comprised of citizens interested in parks and recreation.

(B) In selecting an advisory council or special committee, the Board shall give consideration to the groups in the community particularly interested in parks and recreation. In a resolution creating an advisory council or a special committee, the Board shall specify the terms of its members and the purposes for which it is created.

(C) The advisory council or special committee shall:

(1) Study the subjects and problems specified by the Board and recommend to the Board additional problems in need o study;

(2) Advise the Board concerning these subjects, particularly as they relate to different areas and groups in the community; and


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(3) Upon the invitation of the Board, sit with and participate in the deliberation of the Board, but without the right to vote.

(D) The advisory council or special committee shall report only to the Board and shall make inquiries and reports only in those areas specified by the Board’s resolution creating the council or committee.
(Ord. 9, passed 12-3-01)
Statutory reference:
For similar state law, see IC 36-10-3-17


32.493 ACCEPTANCE OF GIFTS, DONATIONS AND SUBSIDIES; DEPOSIT OF MONEY
RECEIVED.

(A) The Board may accept gifts, donations, and subsidies for park and recreational purposes. However, a gift or transfer of property to the Board may not be made without its approval.

(B) A gift or grant of money shall be deposited in a special non-reverting fund to be available for expenditure by the Board for purposes specified by the grantor. The disbursing officer of the unit may draw warrants against the fund only upon vouchers signed by the president and secretary of the Board.
(IC 36-10-3-18) (Ord. 9, passed 12-3-01)


32.494 TAXING DISTRICTS FOR SPECIAL BENEFIT TAXES; PROVISIONS FOR
OPERATING AND CAPITAL EXPENDITURES.

(Ord. 9, passed 12-3-01)



BOARD OF ZONING APPEALS


32.50 APPOINTMENT OF MEMBERS.

The Board of Zoning Appeals shall be appointed by the Mayor of the city, and shall consist of five members.
(Ord. 33-1958, passed 12-1-58)


32.51 QUALIFICATIONS.

All members of the Board of Zoning Appeals shall be residents of the city, two of the members shall be members of the Plan Commission, and none of the members shall hold other elective or appointive offices in this city.
(Ord. 33-1958, passed 12-1-58)


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32.52 TERM; VACANCY.

(A) Each appointment shall be for a term of four years.

(B) If a vacancy occurs, by resignation or otherwise, the Mayor shall appoint a member for the unexpired term.
(Ord. 33-1958, passed 12-1-58)



PLAN COMMISSION


32.60 APPOINTMENT OF MEMBERS; VACANCIES.

(A) The Plan Commission shall consist of seven members. The Common Council shall appoint three persons from the city government as members, and the Mayor shall appoint four citizen members, not more than two of whom shall be of the same political party.

(B) If a vacancy occurs, by resignation or otherwise, successor appointments shall be made as provided.
(Ord. 32-1958, passed 12-1-58)


32.61 QUALIFICATIONS.

The citizen members shall be qualified by knowledge and experience in matters pertaining to the development of the city, shall be residents of the city, and shall hold no other office in the city government.
(Ord. 32-1958, passed 12-1-58)


32.62 TERM.

Each appointment shall be for a term of four years.
(Ord. 32-1958, passed 12-1-58)



PURCHASING AGENCY


32.65 ESTABLISHMENT.

The Board of Public Works is hereby designated as the purchasing agency for the city, with all powers and duties authorized under IC 5-22. The Purchasing Agency shall designate in writing the purchasing agent by resolution. The Purchasing Agency may also designate in writing additional purchasing agents from time to time as the Purchasing Agency determines necessary and/or convenient.
(Ord. 17-1998, passed 6-29-98)

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32.66 POWERS AND DUTIES.

(A) It is hereby determined that the purchasing agent may purchase supplies with an estimated cost of less than $25,000 on the open market without inviting or receiving quotes or bids.

(B) It is hereby determined that the purchasing agency may purchase services (except for legal services) in whatever manner the purchaser determines to be reasonable.
(Ord. 17-1998, 6-29-98)


32.67 PURCHASING AGENT.

(A) The Mayor of the city shall be the primary purchasing agent.

(B) This shall not prevent the Board of Public Works, from time to time, to make written appointments of other persons as “limited purchasing agents” only for the limited purpose of making a specific purchase (or purchases) as the Mayor shall deem necessary and/or convenient.
(Res. passed 6-29-98)



DEPARTMENT OF REDEVELOPMENT


32.75 ESTABLISHMENT.

(A) The Common Council of the city now deems it to be in the best interest of the city and its citizens to afford a maximum opportunity for rehabilitation, redevelopment and/or economic development of areas by private enterprise and the city by establishing a Department of Redevelopment.

(B) The Common Council hereby establishes a Department of Redevelopment to be known as the “Mitchell Redevelopment Commission” to be controlled by a board of five members (Redevelopment Commission).
(Ord. 8-2004, passed 11-3-04)


32.76 REDEVELOPMENT DISTRICT.

Pursuant to the Act, all of the territory within the corporate boundaries of the city will constitute a special taxing district to be known as the City of Mitchell Redevelopment District (Redevelopment District) for the purpose of levying and collecting special benefit taxes for redevelopment and economic development purposes as provided in the Act. The Common Council finds and determines that all of the taxable property within the Redevelopment District will be considered to be benefitted by the redevelopment projects and economic development projects carried out under the Act to the extent of the special taxes levied under the Act.
(Ord. 8-2004, passed 11-3-04)


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32.77 APPOINTMENT OF MEMBERS.

(A) The Mayor of the city shall appoint three of the five members of the Redevelopment Commission.

(B) The Common Council shall appoint two members of the Redevelopment Commission.

(C) Members of the Redevelopment Commission shall be at least 18 years of age and must be residents of the city. Members shall take and subscribe an oath of office before beginning the duties thereof and shall execute a bond as set forth in IC 36-7-14-7.

(D) The term of office of the members of the Redevelopment Commission shall commence from the date of their appointment and expire on January 1, 2006.
(Ord. 8-2004, passed 11-3-04)


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CHAPTER 33: PUBLIC RECORDS


Section

33.01 Records access officer
33.02 Application of public records act and other regulations
33.03 Requesting access to information
33.04 Copy fees schedule
33.05 Release; copy or refusal of disclosure of public records
33.06 When public records not available
33.07 Inspection only at location of records
33.08 Appeal of denial for request to disclose records
33.09 Request list of names and addresses
33.10 Public records protected from disclosure
33.11 Title check fee



33.01 RECORDS ACCESS OFFICER.

The Mayor of the city and/or his designee is hereby designated as the person responsible for public records release decisions and will be referred to as the Records Access Officer.
(Ord. 8-1983, passed 12-19-83)


33.02 APPLICATION OF PUBLIC RECORDS ACT AND OTHER REGULATIONS.

The records access officer shall be guided first by state and federal law regarding public records; second by the Indiana Access to Public Records Act and amendments, if any; and third, by this common council's resolution which excludes certain records from disclosure.
(Ord. 8-1983, passed 12-19-83)


33.03 REQUESTING ACCESS TO INFORMATION.

Requests for public records will be received between 8:00 a.m. and 5:00 p.m. on regular business days, and must identify, on forms provided by the city, the record for which disclosure is sought.
(Ord. 8-1983, passed 12-19-83)




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33.04 COPY FEES SCHEDULE.

(A) The fees for copies are as follows:

(1) Pages no larger than 9 inches by 12 inches; $.10 per page.
(2) Pages larger than 9 inches by 12 inches, up to 9 inches by 14 inches; $.15 per page. Cost will be figured on the basis of how may sheets are needed.

(3) Any other record; the actual cost of copying.

(B) Fees are payable before any record is duplicated and may be paid by cash or money order payable to the city.
(Ord. 8-1983, passed 12-19-83)


33.05 RELEASE; COPY OR REFUSAL OF DISCLOSURE OF PUBLIC RECORDS.

(A) The records access officer shall have 24 hours in which to respond to a request for public records, however, whenever a request is received on a Friday or on a day preceding a legal holiday, the person responsible for released decisions shall have until the same hour on the next business day in which to release, copy, or refuse disclosure.

(B) The records access officer has the authority to determine the date when requested copies will be available and to do so in such a manner as to protect the records from loss, alteration, mutilation, or destruction and regulate any material interference with the regular discharge of the functions or duties of the public agency or public employees.
(Ord. 8-1983, passed 12-19-83)


33.06 WHEN PUBLIC RECORDS NOT AVAILABLE.

Records determined not to be available by the records access officer shall be certified upon the public records request form that the city does not possess the records or that they could not be found after diligent searching. One copy of the form shall be returned to the requester.
(Ord. 8-1983, passed 12-19-93)


33.07 INSPECTION OF RECORDS.

Records may be inspected only at the office or location where they are regularly maintained.
(Ord. 8-1983, passed 12-19-83)


Public Records 15


33.08 APPEAL OF DENIAL FOR REQUEST TO DISCLOSE RECORDS.

Whenever a request for disclosure is denied by the person responsible for release decisions, the person making the request may appeal the decision to the Common Council of the city.
(Ord. 8-1983, passed 12-19-83)


33.09 REQUEST FOR LIST OF NAMES AND ADDRESSES.

The city will not create, for other than internal use, or provide lists of names and addresses unless it is required to publish such lists and disseminate them pursuant to statute.
(Ord. 8-1983, passed 12-19-83)


33.10 PUBLIC RECORDS PROTECTED FROM DISCLOSURE.

The following public records are exempt from disclosure unless access to the records is specifically required by state or federal statute or is ordered by a court under the rules of discovery:

(A) Those declared confidential by state statute;

(B) Those declared confidential by rule adopted by a public agency under specific authority to classify publish records as confidential granted to the public agency by statute;

(C) Those required to be kept confidential by federal law;

(D) Records containing trade secrets, or confidential financial information;

(E) Investigatory records of law enforcement agencies;

(F) The work product of an attorney appointed by the city to represent itself or an individual;

(G) Test questions, scoring keys, and other examination data used in administering a licensing examination, examination for employment, or academic examination before the examination is given or if it is to be given again;

(H) Scores of tests of license examinations if the person is identified by name and has not consented to the release of his scores;

(I) Records that contain intra-agency or interagency advisory or deliberative material that are expressions of opinion or are of a speculative nature, and that are communicated for the purpose of decision-making.

(J) Diaries, journals, or other personal notes serving as the functional equivalent of a diary of journal;

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(K) Personnel files of public employees, except for:

(1) The name, compensation, application for employment or appointment, job title, business address, business telephone number, job description, education and training background, previous work experience, or dates of first and last employment of present or former officers or employees of the agency;

(2) Information relating to the status of any formal charges against the employee; and

(3) Information concerning disciplinary actions in which final action has been taken and that resulted in the employee being disciplined or discharged;

(4) However, all personnel file information shall be made available to the affected employee or his representative.

(L) Administrative or technical information that would jeopardize a record-keeping or security system;

(M) Computer programs, computer codes, computer filing systems, and other software that are owned by the public agency or entrusted to it;

(N) Records specifically prepared for discussion, or developed during discussion in an executive session under IC 5-14-1.5-6.1.

(O) The identity of a donor of a gift made to a public agency if the donor requires nondisclosure of his identity as a condition of making the gift;

(P) Library records which can be used to identify any library patron; and

(Q) Any other record which current or future legislation allows a public agency to exempt. Further action by the city is unnecessary.
(Ord. 8-1983, passed 12-19-83)


33.11 TITLE CHECK FEE.

A fee of $5 shall be charged for all vehicle title checks requested by the police department with said fee to be paid in advance to the Clerk-Treasurer pursuant to IC 9-29-4-1, which shall be placed in the Local law enforcement continuing education fund established by IC 5-2-8-2.
(Ord. 9-1998, passed 4-6-98, Am. Ord. 14-1998, passed 6-1-98)

1999 S-4

CHAPTER 34: FINANCE AND REVENUE; TAXATION


Section

Funds

34.01 Cumulative Capital Development Fund
34.02 Cumulative Capital Improvement Fund
34.03 Sanitation Fund
34.04 Sewage Reserve Fund
34.05 Community Recreation Fund
34.06 Grant Holding Fund

Taxation

34.10 Property tax abatement

Purchasing

34.20 Supplies manufactured in the United States specified
34.21 Payment of invoices prior to a board meeting



FUNDS


34.01 CUMULATIVE CAPITAL DEVELOPMENT FUND.

(A) There is hereby established a Mitchell City Cumulative Capital Development Fund.

(B) An 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 $.15 per $100 assessed valuation.

(D) The funds accumulated in the Fund will be used for cumulative capital improvements as described in IC 36-9-16-3 and cumulative street funds as described in IC 36-9-16.5.

(E) Notwithstanding section (D), funds accumulated in the Fund may be spent for purposes other than the purposes stated in section (D), if the purpose is to protect the public health, welfare or safety

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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 and requires the expenditure of money in the Fund.
(Ord. 1-1984, passed 7-16-84; Am. Ord. 3-1987, passed 5-4-87; Am. Ord. 2-1990, passed 3-5-90; Am. Ord. 1-1993, passed 7-12-93)


34.02 CUMULATIVE CAPITAL IMPROVEMENT FUND.

(A) The purpose of "Capital Improvements" is the construction or improvement of any property owned by the city, including but not limited to street thoroughfares, sewers, the retirement of issued General Obligation Bonds of the city, and the monies used for the purpose of construction Capital Improvements. The term "Capital Improvements" shall not include salaries of any public officials or employees except those which are directly chargeable to Capital Improvement.

(B) There is hereby created a special fund to be known as the Cumulative Capital Improvement Fund of the city. The revenue from the cigarette taxes allotted to the city, by subsection c (1)(C) of section 27C and section 27D of the Indiana Cigarette Tax Law being Chapter 222 of the Acts of 1974 as amended, shall be deposited into said Fund. Said Fund shall be a cumulative fund and all of the monies deposited into said Fund shall be appropriated and used solely for Capital Improvements as hereinafter defined and none of such monies shall go to the General Fund or be used for any purpose other than Capital Improvements.
(Ord. 13-1965, passed 6-21-65)


34.03 SANITATION FUND.

There is hereby established a Sanitation Fund within the General Fund.
(Ord. 4-1972, passed 4-17-72)


34.04 SEWAGE RESERVE FUND.

(A) A Sewage Reserve Fund is hereby established as a proper account for the city.

(B) The Clerk-Treasurer is hereby authorized to transfer any and all funds from the present Sewer Operating Fund to the new Sewage Reserve Fund.

(C) The Clerk-Treasurer is hereby authorized and directed to take any and all other action necessary in order to establish and maintain the Sewage Reserve Fund.

(D) The proper legal officers of the city are further authorized to execute any and all necessary documents and instruments which may be reasonable and appropriate to establish and maintain the Sewage Reserve Fund.
(Ord. 4-1995, passed 9-5-95)



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34.05 COMMUNITY RECREATION FUND.

(A) The Mitchell Community Recreational Fund (called the MCRA) is created to handle the Eli Lilly Grant, formed for the purpose of transferring the grant funds from Eli Lilly to the Mitchell Community Recreation Foundation (“foundation”).

(B) The MCRA fund shall be perpetual in nature and shall terminate when all of the funds are disbursed according to the directions of the foundation or to the foundation itself once it obtains its tax exempt status.

(C) No tax revenues are being diverted into this fund that would normally go into the city's General Fund.
(Ord. 12-1999, passed 10-4-99)


34.06 GRANT HOLDING FUND.

A Grant Holding Fund is hereby established in which to place the funds to be received from the grant to purchase city bus in order that an additional appropriation to spend such money once received will not be required.
(Ord. 14A-2000, passed 9-11-00)



TAXATION


34.10 PROPERTY TAX ABATEMENT.

(A) Procedural requirements for tax abatement.

(1) Any owner of property within the city shall petition the Common Council for tax abatement consideration by preparing and filing with the City Clerk a resolution requesting said tax abatement, together with the forms provided by the Indiana State Board of Tax Commissioners.

(2) Said tax abatement resolution shall be considered by the Common Council at its next regularly scheduled meeting.

(3) The Common Council in accepting or rejecting said tax abatement request shall use the statutory guidelines and criteria as set forth at IC 6-1.1-12.1-1 through 6-1.1-12.1-5.5.

(4) The resolution for said tax abatement must be filed before a building permit is obtained or construction work is initiated.

(5) Any property approved by resolution qualifying for tax abatement that does not receive a building permit within one year from date of the adoption of said resolution shall be null and void.


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(B) Plats and maps of said designated area are prepared and are available for inspection in the office of the Building Commissioner, City Hall.
(Ord. 1-1982, passed 4-5-82)



PURCHASING


34.20 SUPPLIES MANUFACTURED IN THE UNITED STATES SPECIFIED.

Supplies manufactured in the United States of America shall be specified for all purchases and shall be purchased unless the Board of Public Works determines that:

(A) The supplies are not manufactured in the United States of America in reasonably available quantities;

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

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

(D) The purchase of supplies manufactured in the United States is not in the public interest.
(Ord. 17-1998, passed 6-29-98)


34.21 PAYMENT OF INVOICES PRIOR TO A BOARD MEETING.

(A) Notwithstanding IC 5-11-10, the Clerk-Treasurer, as authorized by this section, may make claim payments in advance of a board allowance for the following types of expenses:

(1) Property or services purchased or leased from:

(a) The United States government; or

(b) An agency or a political subdivision of the United States government.

(2) License fees or permit fees.

(3) Insurance premiums.

(4) Utility payments or utility connection charges.

(5) Federal grant programs if:

(a) Advance funding is not prohibited; and

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(b) The contracting party provides sufficient security for the amount advanced.

(6) Grants of state funds authorized by statute.

(7) Maintenance agreements or service agreements.

(8) Lease agreements or rental agreements.

(9) Principal and interest payments on bonds.

(10) Payroll.

(11) State, federal, or county taxes.

(12) Expenses that must be paid because of emergency circumstances.

(13) Expenses described in an ordinance.

(14) Postage.

(15) Recording fees.

(B) Each payment of expenses under this section must be supported by a fully itemized invoice or bill and certification by the Clerk-Treasurer.

(C) The Board of Public Works and Safety shall review and allow the claim at the body's or board's next regular or special meeting following the preapproved payment of the expense.
(Ord. 9-1999, passed 9-9-99)


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CHAPTER 35: CITY POLICIES


Section

General Provisions

35.01 Drug-free work place policy

Substance Abuse Policy

35.15 Policy
35.16 Purpose
35.17 Employees covered by policy
35.18 Prohibited substances
35.19 Prohibited conduct
35.20 Testing procedures
35.21 Employee requested testing
35.22 Pre-employment testing
35.23 Reasonable suspicion testing
35.24 Post-accident testing
35.25 Random testing
35.26 Return-to-duty testing
35.27 Follow-up testing
35.28 Employment assessment
35.29 Information disclosure
35.30 Employee and supervisor training
35.31 Re-entry contracts
35.32 System contacts

Workplace Conduct Policy

35.40 Adoption
35.41 Purpose
35.42 Definitions
35.43 Prohibited behavior
35.44 Reporting offensive behavior
35.45 Employees covered by policy
35.46 General provisions






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Policy of Enforcement Procedures Regarding Complaints of Harassment
and Offensive Behavior in the Workplace

35.50 Adoption
35.51 Purpose
35.52 Definitions
35.53 Reporting offensive behavior
35.54 Investigation of allegations
35.55 Appeals procedure
35.56 General provisions

Fixed Asset Capitalization Policy

35.60 Definitions and provisions
35.61 Land
35.62 Machinery and equipment
35.63 Buildings
35.64 Improvements other than buildings
35.65 Recording and accounting
35.66 Safeguarding of assets



GENERAL PROVISIONS


35.01 DRUG-FREE WORK PLACE POLICY.

(A) The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the work place.

(B) The work place consists of city property, rights-of-way, vehicles, and equipment.

(C) In addition to the risk of criminal sanctions, violating employees face personnel action up to and including termination consistent with the requirements of the Rehabilitation Act of 1973, as
amended, and other applicable personnel policies; or a requirement that the employee participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency.

(D) In addition, an employee must, as a condition of continued employment, abide by the terms of this policy, and notify the city in writing of his or her conviction for a violation of a criminal drug statute occurring in the work place no later than five calendar days after such conviction.
(Res. 1-1991, passed 1-21-91)




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SUBSTANCE ABUSE POLICY


35.15 POLICY.

The city is dedicated to providing safe, dependable, and economical transportation and city services to our community. City employees are our most valuable resource and it is our goal to provide a healthy, satisfying working environment which promotes personal opportunities for growth. In meeting these goals, it is the city's policy to assure that employees are not impaired in their ability to perform assigned duties in a safe, productive, and healthy manner; create a workplace environment free from the adverse effects of drug abuse and alcohol misuse; prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances by our employees; and to encourage employees to seek professional assistance any time personal problems, including alcohol or drug dependency, adversely affect their ability to perform their assigned duties.
(Res. 6-1995, passed 12-18-95; Am. Ord. passed 8-8-00)


35.16 PURPOSE.

The purpose of this policy is to assure worker fitness for duty and to protect our employees, passengers, and the public from the risks posed by the misuse of alcohol and use of prohibited drugs. This policy is also intended to comply with all applicable federal regulations governing workplace anti-drug and alcohol programs. The Federal Transit Administration (FTA) of the U.S. Department of Transportation has published 49 CFR Part 653 and Part 654, as amended, that mandate urine drug testing and breath alcohol testing for safety-sensitive positions and prohibits performance of safety-sensitive functions when there is a positive test result. The Federal Highway Administration (FHWA) has issued a rule requiring alcohol and drug testing of drivers who are required to have a commercial driver's license. The U.S. Department of Transportation (DOT) has also published 49 CFR Part 40, as amended, that sets standards for the collection and testing of urine and breath specimens. In addition, the federal government published 49 CFR Part 29, "The Drug-Free Workplace Act of 1988," which requires the establishment of drug free workplace policies and the reporting of certain drug-related offenses to the FTA. This policy incorporates those requirements for safety-sensitive employees and CDL holders.
(Res. 6-1995, passed 12-18-95; Am. Ord. passed 8-8-00)







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City Policies 23


35.17 EMPLOYEES COVERED BY POLICY.

This policy applies to all city employees, including all safety-sensitive transit employees and CDL holders, and all other employees (referred to for simplicity's sake as “non-safety-sensitive transit employees”) as follows:

(A) Transit system employees.

(1) This policy applies to all safety-sensitive transit employees, paid part-time employees, volunteers, contract employees and contractors when they are on transit property or when performing any transit-related safety sensitive function. This policy applies to off-site lunch periods or breaks when an employee is scheduled to return to work.

(2) A safety sensitive function is any duty related to the safe operation of mass transit service including the operation of a revenue service vehicle (whether or not the vehicle is in revenue service), dispatch, and maintenance of a revenue service vehicle or equipment used in revenue service, security personnel who carry firearms, and any other employee who holds a commercial driver's license. Maintenance functions include the repair, overhaul, and rebuild of engines, vehicles and/or equipment. A list of safety-sensitive positions that perform one or more of the above mentioned duties is attached.

(B) Non-safety-sensitive transit employees. This policy likewise applies to all non-safety sensitive transit employees, which include all other employees of the city, including everyone from the lowest paid part-time employee to employees of the Police and Fire Departments and the Mayor's office, as well as the Clerk-Treasurer and its employees.

(C) Personnel holding Commercial Driver's License (CDL), other than transit. This policy likewise applies to all persons holding CDLs and who are city employees, paid part-time employees, volunteers, contract employees, and contractors when they are on city property and performing any city-related business. This policy applies to off-site lunch periods when an employee is scheduled to return to work.
(Res. 6-1995, passed 12-18-95; Am. Ord. passed 8-8-00)


35.18 PROHIBITED SUBSTANCES.

Prohibited substances addressed by this subchapter include the following:

(A) Illegally used controlled substances or drugs. Any illegal drug or any substance identified in Schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), and as further defined by 21 CFR 1300.11 through 1300.15 is prohibited at all times unless a legal prescription has been written for the substance. This includes, but is not limited to: marijuana, amphetamines, opiates, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. Safety sensitive employees will be tested for marijuana, cocaine, amphetamines, opiates, and phencyclidine as described in 35.20. Use of these five drugs is always illegal therefore employees may be tested at any time they are on duty.

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(B) Legal drugs. The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to supervisory personnel. In addition, the employee must obtain a written release from the attending physician releasing the person to perform their duties any time they obtain a performance-altering prescription. A legally prescribed drug means that an individual has a prescription or other written approval from a physician for the use of a drug in the course of medical treatment. It must include the patient's name, the name of the substance, quantity/amount to be taken, and the period of authorization. The misuse or abuse of legal drugs while performing transit and/or city business is prohibited.

(C) Alcohol. The use of beverages containing alcohol or substances including any medication, mouthwash, food, candy, or any other substance such that alcohol is present in the body while performing city business is prohibited. The concentration of alcohol is expressed in terms of grams of alcohol per 210 liters of breath as measured by an evidential breath testing device. An alcohol test can be performed just before, or just after the performance of a safety sensitive duty.
(Res. 6-1995, passed 12-18-95; Am. Ord. 8-8-00)


35.19 PROHIBITED CONDUCT.

(A) Manufacture, trafficking, possession, and use. Transit and/or city employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of prohibited substances on city premises, in city vehicles, in uniform or while on city business. Employees who violate this provision will be subject to disciplinary action up to and including termination. Law enforcement shall be notified, as appropriate, where criminal activity is suspected.

(B) Intoxication/under the influence. Any safety-sensitive employee, non-safety sensitive, or Commercial Drivers License holder who is reasonably suspected of being intoxicated, impaired, under the influence of a prohibited substance, or not fit for duty shall be suspended from job duties pending an investigation and verification of condition. Employees found to be under the influence of prohibited substances or who fail to pass a drug or alcohol test shall be removed from duty and subject to disciplinary action, up to and including termination. A drug or alcohol test is considered positive if the individual is found to have a quantifiable presence of a prohibited substance in the body above the minimum thresholds defined in 49 CFR Part 40, as amended.

(C) Alcohol and drug use. No safety-sensitive employee or non-safety sensitive employee should report for duty or remain on duty when his/ her ability to perform assigned safety-sensitive duties is adversely affected by alcohol or when his/ her breath alcohol concentration is 0.04 or greater. No safety sensitive or non-safety sensitive employee shall use alcohol while on duty, in uniform, while performing safety-sensitive functions, or just before or just after performing a safety-sensitive function. No safety-sensitive employee or non-safety sensitive employee shall use alcohol within four hours of reporting for duty, or during the hours that they are on call. If an on call employee has consumed alcohol, they are required to acknowledge the use of alcohol at the time that they are called to report for duty. The employee may then state their inability to perform their safety sensitive function or submit to an alcohol test if they maintain their ability to perform their safety sensitive function. All safety sensitive employees



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are prohibited from reporting for duty or remaining on duty any time there is a quantifiable presence of a prohibited substance in the body above the minimum thresholds defined in 49 CFR Part 40, as amended. Violation of these provisions is prohibited and punishable by disciplinary action up to and including termination.

(D) Compliance with testing requirements. All safety-sensitive, non-safety sensitive employees and Commercial Drivers License holders will be subject to urine drug testing and breath alcohol testing. Any safety-sensitive, non-safety sensitive employee or CDL holder who refuses to comply with a request for testing or refuses to sign the form shall be removed from duty and their employment terminated. Any safety-sensitive, non-safety sensitive employee or CDL holder who is suspected of providing false information in connection with a test, or who is suspected of falsifying test results through tampering, contamination, adulteration, or substitution will be required to undergo an observed collection. Verification of these actions will result in the employee's removal from duty and termination of their employment. Refusal can include an inability to provide a sufficient urine specimen or breath sample without a valid medical explanation, as well as a verbal declaration, obstructive behavior, or physical absence resulting in the inability to conduct the test.

(E) Treatment requirements. All employees are encouraged to make use of the available resources for treatment for alcohol misuse and illegal drug use problems. Under certain circumstances, employees may be required to undergo treatment for substance abuse or alcohol misuse. Any employee who refuses or fails to comply with city requirements for treatment, after care, or return to duty shall be subject to disciplinary action, up to and including termination. The cost of any treatment or rehabilitation services will be paid for directly by the employee or their insurance provider. Employees will be allowed to take accumulated sick leave and/or vacation leave to participate in the prescribed rehabilitation program.

(F) Notifying the city of criminal drug conviction. All employees are required to notify the city of any criminal drug statute conviction for a violation occurring in the workplace within five days after such conviction. Failure to comply with this provision shall result in disciplinary action, up to and including termination.

(G) Proper application of the policy. The city is dedicated to assuring fair and equitable application of this substance abuse policy. Therefore, supervisors/managers are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor/manager who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policy in regard to subordinates, shall be subject to disciplinary action, up to and including termination.
(Res. 6-1995, passed 12-18-95; Am. Ord. passed 8-8-00)


35.20 TESTING PROCEDURES.

(A) Analytical urine drug testing and breath testing for alcohol may be conducted when circumstances warrant or as required by federal regulations. All safety-sensitive, non-safety sensitive employees and CDL holders shall be subject to testing prior to employment, for reasonable suspicions, and following an accident, random and follow-up testing as set forth in 35.22, 35.23, and 35.24 of this chapter. In addition, all safety-sensitive, non-safety sensitive employees and CDL holders will be tested prior to returning to duty after failing a drug or alcohol test, and after completion of the Substance


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Abuse Professional's recommended treatment program and subsequent release to duty. Those employees who perform safety-sensitive functions shall also be subject to testing on a random, unannounced basis. Follow-up testing will be conducted for a period of one to five years, with at least six tests performed during the first year.

(B) Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and using techniques, equipment, and laboratory facilities which have been approved by the U.S. Department of Health and Human Services (DHHS). All testing will be conducted consistent with the procedures put forth in 49 CFR Part 40, as amended. The procedures will be performed in a private, confidential manner and every effort will be made to protect the employee, the integrity of the drug testing procedure, and the validity of the test result.

(C) The drugs that will be tested for include marijuana, cocaine, opiates, amphetamines, and phencyclidine. Urine specimens will be collected using the split specimen collection method described in 49 CFR Part 40. Each specimen will be accompanied by a DOT Chain of Custody and Control Form and identified using a unique identification number that attributes the specimen to the correct individual. Failure to sign DOT required testing forms for urine collection constitutes a refusal. An initial drug screen will be conducted on the primary urine specimen. For those specimens that are not negative, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) test will be performed. The test will be considered positive if the amounts present are above the minimum thresholds established in 49 CFR Part 40, as amended. The test results from the laboratory will be reported to a Medical Review Officer. A Medical Review Officer (MRO) is a licensed physician with detailed knowledge of substance abuse disorders and drug testing. The MRO will review the test results to ensure the scientific validity of the test and to determine whether there is a legitimate medical explanation for a confirmed positive test result. The MRO will contact the employee, notify the employee of the positive laboratory result, and provide the employee with an opportunity to explain the confirmed test result. The MRO will subsequently review the employee's medical history/medical records to determine whether there is a legitimate medical explanation for a positive laboratory result. If no legitimate medical explanation is found, the test will be verified positive and reported to the city program manager. If a legitimate explanation is found, the MRO will report the test result as negative. The split specimen will be stored at the initial laboratory until the analysis of the primary specimen is completed. If the primary specimen is negative, the split will be discarded. If the primary is positive, the split will be retained for testing if so requested by the employee through the MRO. In instances where there is a reason to believe an employee is abusing a substance other than the five drugs listed above, the city reserves the right to test for additional drugs under the city's own authority using standard laboratory testing protocols.

(D) Tests for breath alcohol concentration will be conducted utilizing a National Highway Traffic Safety Administration (NHTSA) approved evidential breath testing device (EBT) operated by a trained breath alcohol technician (BAT). If the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed to confirm the results of the initial test. This will be done no sooner than 15 minutes after the initial test but no longer than 30 minutes after the initial test. The confirmatory test will be performed using an NHTSA-approved EBT operated by a trained BAT. The EBT will identify each test by a unique sequential identification number. This number, time, and unit identifier will be provided on each EBT printout. The EBT printout along with an approved alcohol testing form will be used to document the test, the subsequent results, and to attribute the test to the correct employee. The test will be performed in a private, confidential manner as required by 49 CFR Part 40 as amended. The


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procedure will be followed as prescribed to protect the employee and to maintain the integrity of the alcohol testing procedures and validity of the test result. A safety-sensitive, non-safety sensitive employee or CDL holder who has a confirmed alcohol concentration of greater than 0.02 but less than 0.04 will be removed from his/her position for eight hours unless a retest results in a concentration measure of less than 0.02. The inability to perform safety sensitive duties due to an alcohol testing result of greater than 0.02 but less than 0.04 will be considered an unexcused miss out subject to transit system disciplinary procedures. An alcohol concentration of 0.04 or greater will be considered a positive alcohol test and in violation of this policy and a violation of the requirements set forth in 49 CFR Part 654 for safety-sensitive employees.

(E) Any safety-sensitive, non-safety sensitive employee or CDL holder that has a confirmed positive drug or alcohol test will be removed from his/her position, informed of educational and rehabilitation programs available, and referred to a Substance Abuse Professional (SAP) for assessment. A positive drug and/or alcohol test will also result in disciplinary action up to and including termination. The city affirms the need to protect individual dignity, privacy, and confidentiality throughout the testing process. In addition, if at any time the integrity of the testing procedures or the validity of the test results is compromised, the test will be canceled.
(Res. 6-1995, passed 12-18-95; Am. Ord. passed 8-8-00)


35.21 EMPLOYEE REQUESTED TESTING.

Any safety-sensitive, non-safety sensitive employee or CDL holder who questions the results of a required drug test under 35.22 through 35.27 of this chapter may request that the split sample be tested. This test must be conducted at a different DHHS-certified laboratory. The test must be conducted on the split sample that was provided by the employee at the same time as the original sample. All costs for such testing are paid by the employee unless the result of the split sample test invalidates the result of the original test or the employee cannot afford to pay the cost. The method of collecting, storing, and testing the split sample will be consistent with the procedures set forth in 49 CFR Part 40, as amended. The employee's request for a split sample test must be made to the Medical Review Officer within 72 hours of notice of the original sample verified test result. Requests after 72 hours will only be accepted if the delay was due to documentable facts that were beyond the control of the employee.
(Res. 6-1995, passed 12-18-95; Am. Ord. passed 8-8-00)


35.22 PRE-EMPLOYMENT TESTING.

(A) Required testing. All safety-sensitive, non-safety sensitive position applicants and those requiring and/or holding CDL licenses shall undergo urine drug testing prior to hire or transfer into a safety-sensitive position. Receipt by the city of a negative drug test result is required prior to employment. Failure of a pre-employment drug test will disqualify an applicant for employment for a period of 120 days. If a test is canceled, the city requires that the applicant must take and pass another pre-employment drug screen. Evidence of the absence of drug or alcohol dependency from a Substance Abuse Professional that meets with the approval of the city and negative pre-employment drug and alcohol tests will be required prior to further consideration for employment. The cost for the assessment and any subsequent treatment will be the sole responsibility of the individual. A pre-employment/pre-


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transfer test will also be performed anytime an employee's status changes from an inactive status in a safety sensitive position to an active status in a safety sensitive position (i.e., return from workers comp., return from leave of absence).

(B) Park Department drug screening.

(1) Any person applying for any position with the Mitchell Park Department must, as a condition for such employment, agree to a drug screen and a thorough background check being made upon that applicant's background by the Mitchell Police Department and other law enforcement agencies and the contents of such drug screen and background check must both be made known to the Park Board before the final decision to hire takes place. The Mitchell Park Board shall be authorized to consider the contents of such drug screen and background check in making its determination in its employment of such applicant.

(2) A copy of this section must be given to each potential applicant and each potential applicant must sign his or her signature in receipt thereof and in consent to such drug screen and background check to a form essentially as follows:

I, the undersigned applicant for a position with the Mitchell Park Department through the Mitchell Park Board do hereby acknowledge receipt of a copy of the resolution of the Common Council of the City of Mitchell and do hereby consent to undergo a drug screen and subject myself to a thorough background check being made by the Mitchell Police Department and all other law enforcement agencies which the Mitchell Park Board or the Mitchell Police Department determines and do hereby consent to the results of such drug screen and background check being made known to the Mitchell Park Board so that they may take same into consideration before the final determination as to employing me.


Dated:
Applicant

(Res. 6-1995, passed 12-18-95; Am. Ord. passed 8-8-00; Am. Res - - , passed 5-6-02)


35.23 REASONABLE SUSPICION TESTING.

(A) All safety-sensitive, non-safety sensitive employees and CDL holders may be subject to a fitness for duty evaluation, and urine and/or breath testing when there are reasons to believe that drug or alcohol use is adversely affecting job performance. A reasonable suspicion referral for testing will be made on the basis of documented objective facts and circumstances which are consistent with the short-term effects of substance abuse. Examples of reasonable suspicion include, but are not limited to the following:

(1) Physical signs and symptoms consistent with prohibited substance use or alcohol misuse.

(2) Evidence of the manufacture, distribution, dispensing, possession, or use of controlled substances, drugs, alcohol, or other prohibited substances.

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(3) Occurrence of a serious or potentially serious accident that may have been caused by prohibited substance abuse or alcohol misuse.

(4) Fights (to mean physical contact), assaults, and flagrant disregard or violations of established safety, security, or other operating procedures.

(B) Reasonable suspicion referrals must be made by a supervisor who is trained to detect the signs and symptoms of drug and alcohol use and who reasonably concludes that an employee may be adversely affected or impaired in his/her work performance due to possible prohibited substance abuse or misuse. The supervisor must be able to articulate and substantiate physical, behavioral and performance indicators of probable drug use or alcohol misuse by observing the appearance, behavior, speech, or body odors of the covered employee.
(Res. 6-1995, passed 12-18-95; Am. Ord. passed 8-8-00)


35.24 POST-ACCIDENT TESTING.

(A) All safety-sensitive employees and CDL holders will be required to undergo urine and breath testing if they are involved in an accident with a city-owned or transit vehicle (regardless of whether or not the vehicle is in revenue service) that results in a fatality. This includes all surviving safety-sensitive employees and CDL holders that are operating the vehicle and any other whose performance cannot be completely discounted as contributing to the accident. In addition, a post-accident test will be conducted if an accident results in injuries requiring immediate transportation to a medical treatment facility; or one or more vehicles incurs disabling damage (specifically if the mass transit vehicle is a rubber tire vehicle, any of the involved vehicles is towed away, or if the mass transit vehicle is a rail vehicle or vessel, and the mass transit vehicle is removed from revenue service); unless the employee can be completely discounted as a contributing factor to the accident. The accident definition may include some incidents where an individual is injured even though there is no vehicle collision.

(B) Following an accident, the safety-sensitive employees or CDL holders will be tested as soon as possible, but not to exceed eight hours for alcohol testing and 32 hours for drug testing. Any safety-sensitive employee or CDL holder involved in an accident must refrain from alcohol use for eight hours following the accident or until he/she undergoes a post-accident alcohol test. Any safety-sensitive employee or CDL holder who voluntarily leaves the scene of the accident prior to submission to drug and alcohol testing will be considered to have refused the test and their employment will be terminated. Employees tested under this provision will include not only the operations personnel, but any other covered employees whose performance could have contributed to the accident. An alcohol test will be administered within two hours, if possible. If the test is not administered within two hours, the city will continue to attempt to obtain a test until eight hours have passed. The city will maintain detailed documentation of their efforts to obtain an alcohol test throughout this time period. The employee must remain readily available for testing. If the employee is required to leave the scene under the authority of medical or police personnel, they must notify the employer of their whereabouts. If the city is not able to obtain a specimen in eight hours they will cease attempts and update the two hour report. If the city is unable to perform an FTA drug and alcohol test (i.e., employee is unconscious, employee is detained by law enforcement agency), the transit system may use drug and alcohol post-accident test results administered by state and local law enforcement officials. The state and local law enforcement


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officials must have independent authority for the test and the employer must obtain the results in conformance with state and local law.
(Res. 6-1995, passed 12-18-95; Am. Ord. passed 8-8-00)


35.25 RANDOM TESTING.

Employees in safety-sensitive positions and CDL holders will be subjected to random, unannounced testing. The selection of safety-sensitive employees and CDL holders for random alcohol and drug testing will be made using a scientifically valid method that ensures each covered employee that they will have an equal chance of being selected each time selections are made. The random tests will be unannounced and spread throughout the year. Tests can be conducted at any time during an employee's shift (i.e., beginning, middle, end) for drug testing. An alcohol test can be performed just before, or just after the performance of a safety sensitive duty. Employees are required to proceed immediately to the collection site upon notification of their random selection. There is no discretion on the part of management in the selection and notification of the individuals who are to be tested. Random testing will be performed at the percentages of the number of covered employees required by the FTA on an annual basis. Currently these rates are 50% for drug testing and 10% for alcohol testing.
(Res. 6-1995, passed 12-18-95; Am. Ord. passed 8-8-00)


35.26 RETURN-TO-DUTY TESTING.

All safety-sensitive, non-safety sensitive employees or CDL holders who previously tested positive on a drug or alcohol test must test negative (below 0.02 for alcohol) and be evaluated and released by the Substance Abuse Professional before returning to work. A Substance Abuse Professional (SAP) is a licensed physician or certified psychologist, social worker, employee assistance professional, or addiction counselor certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission or by the International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse. The SAP must also have clinical experience in the diagnosis and treatment of drug and alcohol related diseases. Before scheduling the return to duty test, the SAP must assess the employee and determine if the required treatment has been completed.
(Res. 6-1995, passed 12-18-95; Am. Ord. passed 8-8-00)


35.27 FOLLOW-UP TESTING.

Safety-sensitive, non-safety sensitive employees and CDL holders will be required to undergo frequent unannounced random urine and/or breath testing following their return to duty. The follow-up testing will be performed for a period of one to five years with a minimum of six tests to be performed the first year back in safety sensitive duties. The frequency and duration of the follow-up tests, beyond the minimum, will be determined by a qualified Substance Abuse Professional.
(Res. 6-1995, passed 12-18-95; Am. Ord. passed 8-8-00)





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35.28 EMPLOYMENT ASSESSMENT.

(A) Any safety-sensitive, non-safety sensitive employee or CDL holder who tests positive or refuses to test for the presence of illegal drugs or alcohol above the minimum thresholds set forth in 49 CFR Part 40, as amended, will be referred for evaluation by a Substance Abuse Professional (SAP). A SAP is a licensed or certified physician, psychologist, social worker, employee assistance professional, or addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug-related disorders. The SAP will evaluate each employee to determine what assistance, if any, the employee needs in resolving problems associated with prohibited drug use or alcohol misuse. The SAP must recommend a course of rehabilitation and determine whether the employee has successfully completed that program. Assessment by a SAP or participation in any city provided Employee Assistance Program, where such program exists, does not shield an employee from disciplinary action or guarantee employment or reinstatement with the city. The Mitchell Personnel Policies should be consulted to determine the penalty for performance-based infractions and violation of policy provisions.

(B) If a safety-sensitive employee or CDL holder is allowed to return to duty, he/she must properly follow the rehabilitation program prescribed by the SAP, the employee must have negative return to duty drug and alcohol tests, and be subject to unannounced follow-up tests for a period of one to five years. The cost of any treatment or rehabilitation services will be paid directly by the employee or their insurance provider. Employees will be allowed to take accumulated sick leave and/or vacation leave to participate in the prescribed rehabilitation program.
(Res. 6-1995, passed 12-18-95; Am. Ord. passed 8-8-00)


35.29 INFORMATION DISCLOSURE.

(A) All drug and alcohol testing records will be maintained in a secure manner by the employer, the laboratory, the collection site and the MRO so that disclosure of information to unauthorized persons does not occur.

(B) Information will only be released in the following circumstances:

(1) To a third party only as directed by specific, written instruction of the employee;

(2) To the decision-maker in a lawsuit, grievance, or other proceeding initiated by or on the behalf of the employee tested or to any other person pursuant to legal subpoena;

(3) To a subsequent employer upon receipt of a written request from the employee;

(4) To the National Transportation Safety Board during an accident investigation;

(5) To the DOT or any DOT agency with regulatory authority over the employer or any of its employees, or to a state oversight agency authorized to oversee rail fixed-guideway systems where safety sensitive transit employees or CDL holders are involved; or



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(6) To the employee, upon written request.
(Ord. passed 8-8-00)


35.30 EMPLOYEE AND SUPERVISOR TRAINING.

All safety sensitive employees will undergo a minimum of 60 minutes of training on the signs and symptoms of drug use including the effects and consequences of drug use on personal health, safety, and the work environment. The training must also include manifestations and behavioral cues that may indicate prohibited drug use. Supervisors will also receive 60 minutes of reasonable suspicion training on the physical, behavioral, and performance indicators of probable drug use and 60 minutes of additional reasonable suspicion training on the physical, behavioral, speech, and performance indicators of probably alcohol misuse.
(Ord. passed 8-8-00)


35.31 RE-ENTRY CONTRACTS.

Employees who re-enter the workforce must agree to a re-entry contract. That contract may include (but is not limited to) the following:

(A) A release to work statement from the Substance Abuse Professional.

(B) A negative test for drugs and/or alcohol.

(C) An agreement to unannounced frequent follow-up testing for a period of one to five years with at least six tests performed the first year.

(D) A statement of expected work-related behaviors.

(E) An agreement to follow specified after care requirements with the understanding that violation of the re-entry contract is grounds for termination.
(Res. 6-1995, passed 12-18-95; Am. Ord. passed 8-8-00)


35.32 SYSTEM CONTACTS.

Any questions regarding this policy or any other aspect of the drug-free and alcohol-free program should be directed to the individual(s) appointed by the Mayor to act as the city point of contact on substance abuse issues.
(Res. 6-1995, passed 12-18-95; Am. Ord. passed 8-8-00)



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WORKPLACE CONDUCT POLICY


35.40 ADOPTION.

The following policy is hereby adopted: "CITY OF MITCHELL WORKPLACE CONDUCT POLICY, A Policy Against Harassment and Offensive Behavior in the Workplace".
(Ord. 15-1998, passed 6-1-98)


35.41 PURPOSE.

It is the policy of the city to maintain a respectful work and public service environment. The city prohibits, and will not tolerate, harassing or offensive behavior by or toward any employee or officer. Any employee or officer of the city who engages in such behavior is subject to consequences.
(Ord. 15-1998, passed 6-1-98)


35.42 DEFINITIONS.

One specific kind of harassing or offensive behavior is SEXUAL HARASSMENT. SEXUAL HARASSMENT, which can consist of a wide range of unwanted and unwelcome sexual directed behavior, is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

(A) Submitting to the conduct is made either explicitly or implicitly a term or condition of an individual's employment or of obtaining public services;

(B) Submitting to or rejecting the conduct is used as the basis for an employment decision affecting an individual's employment or public services; or

(C) Such conduct has the purpose or result of unreasonably interfering with individual's work performance or creating an intimidating, hostile or offensive work public service environment.
(Ord. 15-1998, passed 6-1-98)


35.43 PROHIBITED BEHAVIOR.

Behavior prohibited by this policy can include unwelcome sexual remarks compliments, sexual jokes, sexual innuendo or propositions, sexually-suggestive facial expressions, kissing, touching and sexual contact.
(Ord. 15-1998, 6-1-98)






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35.44 REPORTING OFFENSIVE BEHAVIOR.

(A) Any person who feels he or she is being subjected to harassing or offensive behavior of any kind should feel free to object to the behavior and shall also report the behavior the Mayor of Mitchell, or to the City Attorney, or to the President of the City Council, and such report shall be in writing and signed by the person making the complaint. If the person cannot write in English, that person shall make that fact known to the person to whom the complaint is made, and the person to whom the complaint is made shall cause the complaint to be reduced to writing, using substantially the same words as the complainant uses to describe such act or acts, and such written complaint shall then be signed by the person making the complaint. The Clerk-Treasurer shall provide such person with the names and addresses of the Mayor, City Attorney, or City Council President. Any and all reports of sexual harassment or offensive behavior shall be reported within 72 hours of the happening (weekends and holidays not included).




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(B) The person making the report (the complainant) shall certify to the accuracy of the acts set forth therein. The complainant shall describe all facts setting forth the following:

(1) The name of the accused and the department or city office in which the accused works;

(2) What was done or said by the accused to the complainant;

(3) The date or dates and time or times of the alleged actions being complained of;

(4) The names and addresses of any witnesses who overheard or saw the complaint of act or acts;

(5) The names and addresses of any witnesses who might have any other information relative to the allegations that the claimant wants to be heard or investigated.

(C) The complaint shall be deemed to have been made when, and only when, a written complaint is signed and dated by the complainant and is given to the person to whom the complaint is to be made as specified above.

(D) Any supervisor who receives a discriminatory, violent or offensive behavior complaint or who has reason to believe that such behavior is occurring shall report these concerns to their department or office director or to the Mayor, President of the City Council, or City Attorney, and such report in any case shall be in writing and signed by the person making the report.

(E) All complaints of harassing or offensive behavior will be investigated promptly, fairly and completely. The facts shall determine the response to each complaint. Each situation will be handled as discreetly as possible. Resolution of complaints can include, but not necessarily be limited to, an apology, transfer, direction to stop the offensive behavior, counseling, or training, verbal or written warning, suspension with or without pay or termination. In the event that harassment or offensive behavior reoccurs, it should be immediately reported to their department or office director or to the Mayor.
(Ord. 15-1998, passed 6-1-98)


35.45 EMPLOYEES COVERED BY POLICY.

Employees should understand that this policy applies to each and every employee and official of the city, including the Mayor, City Council and members of boards and commissions. The city prohibits, and will not tolerate, retaliation or intimidation directed toward anyone who makes a complaint.
(Ord. 15-1998, passed 6-1-98)


35.46 GENERAL PROVISIONS.

(A) The foregoing is a statement of policy and is not intended by the city to create a contract. The city reserves the unilateral right to amend, rescind and otherwise modify the foregoing. policy without notice.

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(B) A copy of this policy shall be provided to each and every employee of the city and a copy of this policy shall be posted in the lobby of City Hall.

(C) Each employee shall sign a master list indicating that they have received a copy of this policy, which list shall be retained by the Clerk-Treasurer of the city.
(Ord. 15-1998, passed 6-1-98)


POLICY OF ENFORCEMENT PROCEDURES REGARDING COMPLAINTS OF
HARASSMENT AND OFFENSIVE BEHAVIOR IN THE WORKPLACE


35.50 ADOPTION.

The following policy is hereby adopted: "CITY OF MITCHELL POLICY OF ENFORCEMENT PROCEDURES REGARDING COMPLAINTS OF HARASSMENT AND OFFENSIVE BEHAVIOR IN THE WORKPLACE".
((Ord. 16-1998, passed 6-1-98)


35.51 PURPOSE.

It is the policy of the city to provide for certain procedures in the event that any employee of the city makes a complaint to their supervisor or to any other authorized person that he or she has been sexually harassed or has been personally subjected to offensive behavior in the workplace.
(Ord. 16-1998, passed 6-1-98)


35.52 DEFINITIONS.

COMPLAINANT. The person complaining of having been sexually harassed or having been subjected to offensive behavior.

ACCUSED. The person the complainant states sexually harassed the complainant or subjected the complainant to offensive behavior.
(Ord. 16-1998, passed 6-1-98)


35.53 REPORTING OFFENSIVE BEHAVIOR.

(A) Any person who feels he or she is being subjected to harassing or offensive behavior of any kind (the complainant) should feel free to object to the behavior and shall also report the behavior to the Mayor, or to the City Attorney, or to the President of the City Council, and such report shall be





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in writing and signed by the person making the complaint. If the person cannot write in English, that person shall make that fact known to the person to whom the complaint is made, and the person to whom the complaint is made shall cause the complaint to be reduced to writing, using substantially the same words as the complainant uses to describe such act or acts, and such written complaint shall then be signed by the person making the complaint. The Clerk-Treasurer shall provide such person with the names and addresses of the Mayor, City Attorney, or City Council President. Any and all reports of sexual harassment or offensive behavior shall be reported within 72 hours of the happening (weekends and holidays not included).

(B) The complaint shall be deemed to have been made when, and only when, a written complaint is signed and dated by the person making the complaint and is given to the person to whom the complaint is to be made as specified above.

(C) Any and all reports of sexual harassment or offensive behavior shall be reported within 72 hours of the happening (weekends and holidays not included).

(D) The report must be in writing as specified above. It shall be dated and signed by the accused to certify to the accuracy of the facts set forth therein. The complainant shall describe facts setting forth the following:

(1) The name of the accused and the department or city office in which the accused works;

(2) What was done or said by the accused to the complainant;

(3) The date or dates and time or times of the alleged actions being complained of;

(4) The names and addresses of any witnesses who overheard or saw the complaint of act or acts;

(5) The names and addresses of any witnesses who might have any other information relative to the allegations that the claimant wants to be heard or investigated.
(Ord. 16-1998, passed 6-1-98)


35.54 INVESTIGATION OF ALLEGATIONS.

(A) Within 21 working days the person to whom this report has been made shall conduct a confidential investigation into the allegations and compile, sign, and issue a written report of the findings of the person making the investigation. Further, should the allegations be found to be true, the written report shall further suggest what response or punishment is appropriate, in the opinion of the person making that report, which includes but is not limited to any of the following: an apology, transfer, direction to stop the offensive behavior, counseling, or training, verbal or written warning, suspension with or without pay or termination. A copy of that written report shall be given by the Clerk Treasurer:

(1) The person making the complaint, and

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(2) The person against whom the complaint was made.

Each person shall sign off on an extra copy provided by the Clerk to prove receipt by that person of the decision.
(Ord. 16-1998, passed 6-1-98)



35.55 APPEALS PROCEDURE.

(A) The person making the complaint, if the resolution is made against him or her, or the person alleged to have caused the sexual harassment or offensive behavior, if the resolution is made against him or her, is entitled to appeal the decision of the person making the initial determination to a full board of inquiry, which full board of inquiry shall consist of the members of the City Council, with the Clerk-Treasurer acting as secretary of such meeting. Any such petition for appeal shall be in writing, signed by the person making the appeal and filed with the Clerk-Treasurer's office not later than regular quitting time 14 days after the date of the original decision. The appeal hearing, being of the nature of a disciplinary hearing, shall not be open to the public or press. It shall take place within 60 calendar days of the date that the appeal is filed with the Clerk-Treasurer. All testimony shall be sworn testimony and the Clerk-Treasurer shall record the testimony of all witnesses who give testimony before the board.

(B) The appellate board shall notify both parties involved in writing of the time and place of the hearing at least 14 calendar days prior to the date of the hearing.

(C) At the time and place of the hearing, the board shall hear sworn testimony from both sides as to what each party contends. The Board shall, at the conclusion of the hearing, make its decision, and if it is not fully advised at that time may take the decision under advisement, but must render a final decision on or before 30 days from the date of the hearing. The hearing may be continued from time to time and date to date if testimony is lengthy, in the opinion of the President of the Board.
(D) No person against whom an allegation of such conduct has been made shall be entitled to serve on the appellate board or as secretary of the appellate board. The board will appoint its own secretary if the Clerk-Treasurer is one of the parties.

(E) The decision of the Board shall be by majority vote. It shall be reduced to writing and a copy of that decision shall be delivered by the Clerk-Treasurer to each of the parties involved in the allegations.

(F) If an appeal is taken to the City Council, the City Council shall hear the matter de novo (from the beginning) and shall also be free to determine the punishment of the alleged offender if it is found that the allegations are true and change or completely revamp the punishment for the alleged offender if the allegations are determined to be true.

(G) The standard of proof to be used by all persons hearing these complaints is by a preponderance of the evidence which means that the person or persons making the decision believe
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from the evidence that it is more probably true than not true that the person charged did commit the act complained of.
(Ord. 16-1998, passed 6-1-98)


35.56 GENERAL PROVISIONS.

(A) The Clerk-Treasurer shall keep a "Sexual Harassment Complaint" file with a copy of all complaints, all findings, and all appellate findings contained therein. The Clerk-Treasurer shall keep a separate "Sexual Harassment Employee Receipt" file in which a copy of the sexual harassment policy signed by the employee to indicate receipt thereof shall be kept.

(B) A copy of this policy shall be provided to each and every employee of the city and a copy of this policy shall be posted in the lobby of City Hall.

(C) Each employee shall sign a master list indicating that they have received a copy of this policy, which list shall be retained by the Clerk-Treasurer.
(Ord. 16-1998, passed 6-1-98)


FIXED ASSET CAPITALIZATION POLICY


35.60 DEFINITIONS AND PROVISIONS.

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

TANGIBLE ASSETS. Assets that can be observed by one or more of the physical senses. They may be seen and touched and, in some environments, heard and smelled.

FIXED ASSET. Tangible assets of a durable nature employed in the operating activities of the unit and that are relatively permanent and are needed for the production or sale of goods or services are termed property, plant and equipment or fixed assets. These assets are not held for sale in the ordinary course of business. This broad group is usually separated into classes according to the physical characteristics of the items (e.g. land, buildings, improvements other than buildings, machinery and equipment, furniture and fixtures).

CAPITAL OUTLAYS. Expenditures which benefit both the current and future fiscal periods. This includes costs of acquiring land or structures; construction or improvement of buildings, structures or other fixed assets; and equipment purchases having an appreciable and calculable period of usefulness. These are expenditures resulting in the acquisition of or addition to the government's general fixed assets.
(Ord. 19-1998, passed 7-6-98)



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35.61 LAND.

(A) The city will capitalize all land purchases, regardless of cost. Exceptions to land capitalization are land purchased outright, as easements, or rights-of-way for infrastructure. Examples of infrastructures are roads and streets, street lighting systems, bridges, overpasses, sidewalks, curbs, parking meters, street signs, viaducts, wharfs, and storm water collection.

(B) Original cost of land will include the full value given to the seller, including relocation, legal services incidental to the purchase (including title work and opinion), appraisal and negotiation fees, surveying and costs for preparing the land for its intended purpose (including contractors and/or city workers [salary and benefits]), such as demolishing buildings, excavating, clean up, and/or inspection.

(C) A department will record donated land at fair market value on the date of transfer plus any associated costs.

(D) Purchases made using Federal or State funding will follow the source funding policies and above procedures.
(Ord. 19-1998, passed 7-6-98)


35.62 MACHINERY AND EQUIPMENT.

(A) MACHINERY AND EQUIPMENT. An apparatus, tool or conglomeration of pieces to form a tool. The tool will stand alone and not become a part of a basic structure or building.

(B) The city will capitalize and tag items with an individual value equal to or greater than $750. Machinery combined with other machinery to form one unit with a total value greater than the above mentioned limit will be one unit.

(C) Shipping charges, consultant fees, and any other cost directly associated with the purchase, delivery, or set up, (including contractors and/or city workers [salary and benefits]), which makes such equipment operable for its intended purpose will be capitalized.

(D) Improvements or renovations to existing machinery and equipment will be capitalized only if the result of the change meets all of the following conditions:

(1) The total costs exceeds $750;

(2) The useful life is extended two or more years, and

(3) The total costs will be greater than the current book value and less than the fair market value.

(4) Examples, include:

(a) Work truck being equipped with screens, fights, or radios for use as a single unit

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throughout its life expectancy is, considered one unit.

(b) If police cars are constantly changing fight bars or radios to other vehicles, the city will capitalize each piece of equipment separately, if it meets the required dollar amount.

(c) A department's computer (CPU, monitor, keyboard, and printer) is considered one unit.

(d) A department will record donated machinery and equipment at fair market value on the date of transfer with any associated costs.

(e) Purchases made using Federal or State funding will follow the source funding policies and above procedures.
(Ord. 19-1998, passed 7-6-98)

35.63 BUILDINGS.

(A) A department will capitalize buildings at full cost with no subcategories for tracking the cost of attachments. Examples of attachments are: roofs, heating, cooling, plumbing, lighting, or sprinkler system, or any part of the basic building. The department will include the cost of items designed or purchased exclusively for the building.

(B) A department's new building will be capitalized only if it meets the following conditions:

(1) The total cost exceeds $5,000, and;

(2) The useful life is greater than two years.

(C) A department improving or renovating an existing building will capitalize the cost only if the result meets all of the following conditions:

(1) The total cost exceeds $5,000;

(2) The useful life is extended two or more years, and;

(3) The total cost will be greater than the current book value and less than the fair market value.

(D) Capital building costs will include preparation of land for the building, architectural and engineering fees, bond issuance fees, interest cost (while under construction), accounting costs if material and any costs directly attributable to the construction of a building.

(E) A department will record donated buildings at fair market value on the date of transfer with any associated costs.

(F) Purchases made using Federal or State funding will follow the source funding policies and

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above procedures.
(Ord. 19-1998, passed 7-6-98)


35.64 IMPROVEMENTS OTHER THAN BUILDINGS.

(A) The definition of this group is improvements to land for better enjoyment, attached or not easily removed, and will have a life expectancy of greater than two years.

(B) Examples are walks, parking areas and drives, golf cart paths, fencing, retaining walls, pools, outside fountains, planter underground sprinkler systems, and other similar items.

(C) Improvements do not include roads, streets, or assets that are of value only to the public. For example, Main Street is a public street with greatest value to the public. Roads or drives upon city owned land that provide support to our facilities are assets. A sidewalk down the road for public enjoyment is an infrastructure improvement and is not capitalized. However, sidewalks installed upon city owned land for use by the public and for the support of our facility are capital assets.

(D) The city will capitalize new improvements other than buildings only if it meets the following conditions:

(1) The total cost exceeds $5,000, and;

(2) The useful life is greater than two years.

(E) A department will capitalize improvements or renovations to existing improvements other than buildings only if the result meets the following conditions:

(1) The total cost exceeds $5,000;

(2) The asset's useful life is extended two or more years, and;

(3) The total cost will be greater than the current book value and less than the fair market value.

(F) A department's donated improvements other than buildings will be recorded at fair market value on the date of transfer with any associated costs.

(G) Purchases made using Federal or State, funding will follow the source funding policies and above procedures.

(H) Historical Cost. The cash equivalent price exchanged for goods or services at the date of acquisition. Land, buildings, equipment, and most inventories are common examples of items recognized under the historical cost attribute.

(I) Enterprise Funds. Those funds used to account for operations (a) that are financed and operated in a manner similar to private business enterprise - where the intent of the governing body
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is that the costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges; or (b) where the governing body has decided that periodic determination of revenues earned, expenses incurred, and/or net income is appropriate for capital maintenance, public policy, management control accountability and other purposes. The enterprise funds of the city shall include the municipally owned water and sewage utilities. Operation of these utilities shall require enterprise fund accounting and reporting.
(Ord. 19-1998, passed 7-6-98)


35.65 RECORDING AND ACCOUNTING.

(A) The city and its various departments shall classify capital expenditures as capital outlays within the fund from which the expenditure was made in accordance with the Chart of Accounts of the Cities and Towns Accounting manual. The cost of property, plant slid equipment includes all expenditures necessary to put the asset into position and ready for use. For purposes of recording fixed assets of the City and its Departments, the valuation of assets shall be based on historical cost or where the historical cost is indeterminable, by estimation for those assets in existence.

(B) The city's municipally owned utilities shall record acquisition of Fixed Assets in accordance with generally accepted accounting principles. When an asset is purchased for cash, the acquisition is simply recorded at the amount of cash paid, including all outlays relating to its purchase and preparation for intended use. Assets may be acquired under a number of other arrangements including:

(1) Assets acquired for a lump-sum purchase price;

(2) Purchase on deferred payment contract

(3) Acquisition under capital lease;

(4) Acquisition by exchange of nonmonetary assets;

(5) Acquisition by issuance of securities;

(6) Acquisition by self construction;

(7) Acquisition by donation or discovery.

(C) Some of these arrangements present special problems relating to the cost to be recorded, for example, in utility accounting, interest during a period of construction has long been recognized as a part of the asset cost. Reference to an intermediate accounting manual will illustrate the recording of acquisition of assets under the aforementioned acquisition arrangements. For purposes of recording fixed assets of the utilities the valuation of assets shall be based on historical cost.

(D) In addition, an asset register (prescribed form 21 1) shall be maintained to provide a detail record of the capital assets of the governmental unit.
(Ord. 19-1998, passed 7-6-98)

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35.66 SAFEGUARDING OF ASSETS.

(A) Be it ordained that accounting controls be designed and implemented to provide reasonable assurances that:

(1) Capital expenditures made by the city, its various departments and utilities be in accordance with management's authorization as documented in the minutes.

(2) Transactions of the utilities be recorded as necessary to permit preparation of financial statements in conformity with generally accepted principles.

(3) Adequate detail records be maintained to assure accountability for city and utility owned assets.

(4) Access to assets be permitted in accordance with managements authorization.

(5) All recorded accountability for assets be compared with the existing assets at least every two years and appropriate action be taken with respect to any differences.
(Ord. 19-1998, passed 7-6-98)



1999 S-4



 

 

 

 

 

 
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City Ordinances Table of ContentsAdopting OrdinanceTITLE I: GENERAL PROVISIONSTITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKSTITLE VII: TRAFFIC CODETITLE IX: GENERAL REGULATIONSTITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSESTITLE XV: LAND USAGETABLE OF SPECIAL ORDINANCESPARALLEL REFERENCES
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Table of Contents
Adopting Ordinance
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES