Chapter 11.05 DEPARTMENT OF PARKS AND RECREATION

Chapter 11.05
DEPARTMENT OF PARKS AND RECREATION

Sections:

Article I. General Provisions

11.05.010 Department of parks and recreation.

11.05.020 Board of park and recreation governance.

11.05.030 Board of park and recreation duties.

11.05.040 Board of park and recreation powers.

11.05.050 Rule making authority.

11.05.060 Superintendent of parks and recreation.

11.05.070 Advisory councils and special committees.

11.05.080 Officers and employees bond.

11.05.090 Fees for particular activities.

Article II. Park and Recreation Funds

11.05.100 Parks and recreation petty cash fund.

11.05.110 Special nonreverting capital fund.

11.05.120 Sharp Athletic Complex cash change fund.

11.05.130 Lincoln Community Center cash change fund.

11.05.140 Main Square cash change fund.

Article I. General Provisions

11.05.010 Department of parks and recreation.

(A) There is hereby established a department of parks and recreation, governed by the provisions of IC 36-10-3 et seq. as amended from time to time. The department consists of a park and recreation board, a superintendent, and other personnel that the board determines.

(B) The park and recreation board consists of six members. Four members shall be appointed by the town council as the town legislative body of the municipality. These 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. Further, all members must be residents of the district. In addition, there shall be two ex officio members as follows:

(1) One ex officio member from the governing body of the Lake County public library district, to be selected by that governing body, provided the member resides in the town.

(2) One ex officio member who shall be from the governing body of the school town of Highland and selected by it or a member designated by it.

(C) All members appointed by the town legislative body serve for a four-year term. All terms expire on the first Monday in January, but a member continues in office until his successor is appointed.

(D) Notwithstanding IC 36-1-8-10(c), if an appointment for any new term is not made by the first Monday in April, the incumbent shall serve another term.

(E) If a vacancy on the board occurs, the appointing authority shall appoint a person to serve for the remainder of the unexpired term.

(F) A member may be removed only for cause, upon specific written charges filed against him. The charges shall be filed with and heard by the municipal executive, unless the municipal executive is bringing the charges. In that case, the unit’s fiscal body shall appoint a hearing officer. The person to hear the charges shall fix a date for a public hearing and give public notice at least 10 days in advance of the hearing. At the hearing the member is entitled to present evidence and argument and to be represented by counsel.

(G) Board of Park and Recreation – Advisory Member. The Highland park and recreation board and the Lake County park and recreation board may each designate a member to sit with the other board in an advisory capacity.

(H) Waiver of Political Affiliation Requirement. Notwithstanding subsection (B) of this section, the town council by majority vote may waive the requirement that a (citizen) member of the park and recreation board be affiliated with a political party. However, the waiver must be necessary owing to the absence of persons willing to serve on the park and recreation board and who satisfy any or all of the requirements. If an appointment is made under this subsection, the town council shall make a finding and determination regarding the necessity of the waiver for the reason required by this subsection and IC 36-10-3-4.1.

(I) Waiver of Political Affiliation Limitation. Notwithstanding subsection (B) of this section, the town council by majority vote may waive the requirement that not more than two of the four (citizen) members of the park and recreation board be affiliated with the same political party. However, the waiver must be necessary owing to the absence of persons willing to serve on the park and recreation board and who satisfy any or all of the requirements. If an appointment is made under this subsection, the town council shall make a finding and determination regarding the necessity of the waiver for the reason required by this subsection and IC 36-10-3-4.1. [Ord. 1477 § 2, 2010. Code 2000 § 150.01].

11.05.020 Board of park and recreation governance.

(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.

(B) Special meetings of the board may be called by the president or by any two members by written request to the secretary. 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. Written notice of a special meeting is not required if the time of the special meeting is fixed at a 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 may select a secretary either from within or outside its membership.

(D) A majority of the members constitutes a quorum. Action of the board is not official unless it is authorized by at least three members present and acting.

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

(F) 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 part of the board’s appropriation. [Ord. 1404 § 2, 2008. Code 2000 § 150.01.03].

11.05.030 Board of park and recreation duties.

(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;

(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 appointments without regard to politics;

(6) Make recommendations and an annual report to the executive and fiscal body of the unit concerning the operation of the board and the status of park and recreation programs in the district;

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

(8) Appoint a member of the board to serve on another kind of board or 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 subsections (A)(4) and (5) of this section, subject to its appropriations and other ordinances of the municipality. [Ord. 1404 § 2, 2008. Code 2000 § 150.01.05].

11.05.040 Board of park and recreation powers.

(A) The board may:

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

(2) Contract with persons for joint use 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 the 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 nonreverting capital fund of the board;

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

(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 town of Highland 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 taken under either; and

(13) Release and transfer, by resolution, a part of the area over 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 buildings or grounds belonging to the unit 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 subsection (B) of this section, the board may lease buildings or grounds belonging to the unit for a period of more than 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) Any golf course remains subject to rules and regulations promulgated by the board.

(D) The board may also provide or donate to Highland civic, nonprofit groups, memberships or services associated with the fitness center or other recreation program operated by the department, without charge, to support the activities of the civic or nonprofit group and to promote the programs of the department. The board may adopt rules it finds necessary or desirable to carry out the objects related to this provision, pursuant to its authority under HMC 11.05.030(A)(1) and (2) and 11.05.050 and the applicable Indiana law. [Ord. 1510 § 2, 2012. Code 2000 § 150.01.07].

11.05.050 Rule making authority.

(A) Pursuant to its authority under HMC 11.05.030(A)(1) and (2) and subject to the applicable Indiana law, the board shall exercise general supervision of and make rules for the department and establish rules governing the use of the park and recreation facilities by the public.

(B) A copy of all rules and regulations of the department shall be filed for the convenience of the public in the general office of the parks and recreation department, and with the office of the clerk-treasurer.

(C) Any person, firm or corporation who violates or fails to comply with the rules and regulations of the park and recreation board and/or the parks and recreation department of the town of Highland, Indiana, may be punished by a fine not to exceed $2,500; provided, that the rule or regulation shall be adopted by ordinance of the town legislative body and subject to HMC 11.10.330. Every day of any violation of this section shall constitute a separate offense.

(D) The board shall have the authority to enforce its rules and regulations according to rules it may promulgate, including bringing suit in the name of the municipality for all legal or equitable relief, provided:

(1) That a majority vote of the entire membership of the board shall be sufficient to pass and adopt any rule, regulation, order or resolution, unless a greater vote is required by statute, ordinance or rule; and

(2) That any rule or regulation regarding the use of parks and recreation facilities that may be punished by any penalty or fine shall be effective only if also set forth in an ordinance adopted by the town legislative body. [Ord. 1404 § 2, 2008. Code 2000 § 150.01.09].

11.05.060 Superintendent of parks and recreation.

(A) The board may appoint a superintendent of parks and recreation. The board may not consider political affiliation in the selection of the superintendent.

(B) The superintendent must be qualified by training or experience in the field of parks and recreation or have a certification or an advanced degree in the field of parks and recreation.

(1) Propose annually a plan for the operation of the department;

(2) Administer the plan as approved by the board;

(3) Supervise the general administration of the department;

(4) Keep the records of the department and preserve all papers and documents of the department;

(5) Recommend persons for appointment as assistants if the board determines there is a need;

(6) Appoint the employees of the department, subject to the approval of the board, according to the standards and qualifications fixed by the board and without regard to political affiliation;

(7) Prepare and present to the board an annual report; and

(8) Perform other duties that the board directs.

(D) If the board determines that the size of the department’s operation requires assistants for the superintendent, the board may appoint, upon the recommendation of the superintendent, one or more assistants. The board shall determine their qualifications on a basis similar to that prescribed for the superintendent.

(E) Assistants are directly responsible to the superintendent and shall perform the duties specified by the superintendent. [Ord. 1404 § 2, 2008. Code 2000 § 150.02].

11.05.070 Advisory councils and special committees.

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

(B) In selecting an advisory council or special committees, 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.

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

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

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

(D) The advisory council or a 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. 1404 § 2, 2008. Code 2000 § 150.02.01].

11.05.080 Officers and employees bond.

(A) The department through its superintendent shall, in the manner prescribed by IC 5-4-1, execute a blanket bond in the sum of $30,000 payable to the state of Indiana, pursuant to IC 5-4-1-10, to be approved by the town clerk-treasurer.

(B) The blanket bond shall be conditioned upon the faithful performance of all departmental employees, including the superintendent, acting on behalf of the department and the local government, including the duty to comply with IC 35-44.1-1-1 and the duty to account properly for all monies and property received by virtue of the officers’ or employees’ service in the offices or positions.

(C) The premium upon said bond shall be paid from funds of the department. Said bond may be executed with any recognized and responsible surety company authorized to do business in the state of Indiana, pursuant to IC 5-4-1 et seq.

(D) The bond shall be filed in the office of the clerk-treasurer and recorded in the office of the recorder of Lake County, pursuant to IC 5-4-1-5.1 and 36-10-3-16(c). [Ord. 1681 § 7, 2018].

11.05.090 Fees for particular activities.

(A) Park and recreation facilities and programs shall be made available to the public free of charge as far as possible. However, if it is necessary in order to provide a particular activity, the board may charge a reasonable fee.

(B) Monies procured from reasonable fees charged in connection with providing a particular activity, program, or for use of park and recreation facilities shall be deposited daily with the clerk-treasurer of the town of Highland into the parks and recreation (general) fund.

(C) Monies procured from reasonable fees charged by the parks and recreations department in connection with concession or food stands shall be deposited daily with the clerk-treasurer of the town of Highland into the parks and recreation (general) fund.

(D) Expenditures from the parks and recreation general fund may be made from the proper category of expense only after an appropriation has been made in the manner provided by statute for making other appropriations and shall be disbursed only on approved claims allowed by the board and signed by the president and secretary of the parks and recreation board pursuant to IC 5-11-10, 36-5-4, and 36-10-3. [Ord. 1638 § 2, 2017].

Article II. Park and Recreation Funds

11.05.100 Parks and recreation petty cash fund.

(A) There is hereby authorized, created and established a petty cash fund for use by the parks and recreation department to be known as the parks and recreation petty cash fund, pursuant to the provisions of IC 36-1-8 et seq.;

(B) The superintendent of parks and recreation, such volunteers as he may designate serving on an advisory council or special committee that may be established from time to time pursuant to IC 36-10-3-17, and such employees as he may designate, are permitted to use it to pay small, emergency or exigent items of operating expense, in order to support the duties outlined in and to carry out the purposes of this chapter.

(1) The superintendent of parks and recreation is permitted to establish a petty change fund in support of this section;

(2) Such a fund must be established by a warrant drawn upon the appropriate fund in favor of the superintendent of parks and recreation, who is the custodian of the fund;

(3) Each expenditure from the petty cash change fund shall be supported by a receipt;

(4) The superintendent of parks and recreation, as custodian of the fund, or his designee, shall periodically file a voucher, with all original receipts totalling the cash claimed expended being attached to it, in support of the reimbursement of expenditures from the fund;

(5) Reimbursement must be approved and allowed at any regular or special meeting of the park and recreation board and made in the same manner as is required for other expenditures of the parks and recreation department;

(C) The fund shall be established by a warrant drawn from the proper appropriated or nonappropriated balance of the parks and recreation (general) fund, as the park and recreation board may direct, in the amount of $175.00, in support of the establishment of such a petty change fund.

(1) The establishing warrant and such successive warrants as shall be necessary to resupply the fund shall be drawn in favor of the superintendent of parks and recreation who shall convert the warrant to cash;

(2) The superintendent of parks and recreation shall account for it in the same manner as is required of other funds of the town;

(D) The entire petty cash fund authorized and established pursuant to this section shall be returned to the parks and recreation (general) fund whenever there is a change in the custodian of the fund;

(E) The entire cash change fund authorized and established pursuant to this section shall be returned to the parks and recreation (general) fund or, in the absence of this fund, the corporate general fund of the municipality whenever the purposes of the fund have substantially changed or the fund is no longer needed. [Ord. 1404 § 2, 2008. Code 2000 § 150.60].

11.05.110 Special nonreverting capital fund.

(A) There is hereby created and established a special nonreverting capital fund for the purposes of acquiring land or making specific capital improvements to facilities and plants under the jurisdiction of the parks and recreation department, pursuant to the provisions of IC 36-10-3-20 and 36-10-3-22;

(B) Expenditures from this fund may only be for the purposes for which this fund was established, upon appropriation of the fiscal body of the town of Highland, which such purposes are as follows:

(1) Acquisition of land for parks and recreation;

(2) Acquisition and installation of playground equipment;

(3) Vehicle acquisition and replacement;

(4) Equipment acquisition and replacement;

(5) Making improvements to parks, buildings and facilities under the control of the park and recreation board including surface grading or paving to pleasure walkways, pleasure driveways, boulevards, bicycle or pedestrian paths or trails or sidewalks and parking lots serving parks under the board’s jurisdiction;

(6) Making improvements to tennis courts, community centers and any park asset identified in IC 36-10-1-2;

(7) Paying engineering costs associated with any of the purposes enumerated herein;

(8) Paying costs associated with any project, article, vehicle or equipment listed and approved in a duly adopted resolution of the park and recreation board, associated with a lawful bond issue of the park district;

(9) Paying costs associated with any work of improvement associated with parks and recreation, which may include but not be limited to expenditures related to facilities, landscaping, appurtenances, materials and supplies that are necessary to make any building, facility, or improvement suitable for the use for which it was constructed, as well as the installation, removal and care of trees, flowers, shrubbery, and any horticulture conducted on assets under the authority of the parks and recreation department;

(10) Paying interest and principal on bonds used to finance improvements described herein as well as interest costs associated with temporary loans made for the park district bond and interest fund;

(11) Making capital lease payments to acquire equipment or make improvements described herein;

(1) An appropriation in the annual budget in the park and recreation general fund of the parks and recreation department;

(2) Proceeds from the sale of surplus or other property of the parks and recreation department, both real and personal;

(3) Interest earned from the investment of moneys on deposit to the credit of the fund, provided such investments are conducted pursuant to IC 5-13-9 et seq.;

(4) A gift or donation from any person or entity which is specifically designated to the fund and its purposes;

(5) Any designated contributions from developers or other persons or entities in consequence of negotiated agreements which are presented in support of construction, reconstruction or improvement for public parks or parks and recreation facilities;

(6) Proceeds from the sale of bonds issued pursuant to IC 36-10-3-24;

(7) Grants or other intergovernmental reimbursements or contributions, and interdepartmental reimbursements or contributions that are in consequence of the lawful purposes of the fund;

(D) Expenditures from the fund may be made from the proper category of expense and for the purposes of the fund only after an appropriation has been made in the manner provided by statute for making other appropriations and shall be disbursed only on approved accounts payable vouchers allowed by the park and recreation board, at a regular or special meeting pursuant to IC 5-11-10, 36-5-4 and 36-10-3 et seq.;

(E) All unused and unencumbered moneys do not revert to the park and recreation general fund nor to any fund but the fund created by this section;

(F) The unused and unencumbered balance of an appropriation does not revert but remains in full force and effect to the credit of the fund created by this section;

(G) The fiscal body may not repeal this section under suspension of the rules or under the provisions of IC 36-5-2-9.8. [Ord. 1645 § 1, 2017].

11.05.120 Sharp Athletic Complex cash change fund.

(A) There is hereby authorized, created and established a cash change fund for use at the Sharp Athletic Facility to be known as the Sharp Athletic Complex cash change fund, pursuant to the provisions of IC 36-1-8 et seq.;

(B) The superintendent of parks and recreation, and such employees as he may designate, are permitted to collect cash revenues at the Sharp Athletic Facility, in order to support the duties outlined in and to carry out the purposes of this chapter.

(1) The superintendent of parks and recreation is permitted to establish a cash change fund in support of this section;

(2) Such a fund must be established by a warrant drawn upon the appropriate fund in favor of the superintendent of parks and recreation, who is the custodian of the fund;

(2) The superintendent of parks and recreation, and such employees as he may designate, shall use it to make change when collecting cash revenues for programs conducted at the Sharp Athletic Complex; and

(3) The superintendent of parks and recreation shall account for it in the same manner as is required of other funds of the town;

(D) The entire cash change fund authorized and established pursuant to this section shall be returned to the parks and recreation (general) fund whenever there is a change in the custodian of the fund;

11.05.130 Lincoln Community Center cash change fund.

(A) There is hereby authorized, created and established a cash change fund for use at the Lincoln Community Center to be known as the Lincoln Community Center cash change fund, pursuant to the provisions of IC 36-1-8 et seq.;

(B) The superintendent of parks and recreation, and such employees as he may designate, are permitted to collect cash revenues at the Lincoln Community Center facility, in order to support the duties outlined in and to carry out the purposes of this chapter.

(1) The superintendent of parks and recreation is permitted to establish a cash change fund in support of this section;

(2) Such a fund must be established by a warrant drawn upon the appropriate fund in favor of the superintendent of parks and recreation, who is the custodian of the fund;

(2) The superintendent of parks and recreation, and such employees as he may designate, shall use it to make change when collecting cash revenues for programs conducted at the Lincoln Community Center; and

(3) The superintendent of parks and recreation shall account for it in the same manner as is required of other funds of the town;

11.05.140 Main Square cash change fund.

(A) There is hereby authorized, created and established a cash change fund for use at the Main Square Park to be known as the Main Square cash change fund, pursuant to the provisions of IC 36-1-8 et seq.;

(B) The superintendent of parks and recreation, and such employees as he may designate, are permitted to collect cash revenues at the buildings and grounds of the Main Square Park, in order to support the duties outlined in and to carry out the purposes of this chapter:

(1) The superintendent of parks and recreation is permitted to establish a cash change fund in support of this section;

(2) Such a fund must be established by a warrant drawn upon the appropriate fund in favor of the superintendent of parks and recreation, who is the custodian of the fund;

(2) The superintendent of parks and recreation, and such employees as he may designate, shall use it to make change when collecting cash revenues for programs or activities conducted at the Main Square Park; and

(3) The superintendent of parks and recreation shall account for it in the same manner as is required of other funds of the town;