Chapter 11.15
COMMUNITY EVENTS COMMISSION
Sections:
11.15.020 Organization and structure.
11.15.050 Special events nonreverting operating fund.
11.15.060 Budget and disposition of funds.
11.15.010 Establishment.
(A) A community events commission is established to advise and assist with the planning and execution of special events within the town of Highland. All corporate powers of the town of Highland are vested in the town council. No individual member of the commission or collective action of the commission may direct action to be taken by the town council, any employee or contractor of the town.
(B) The commission shall consist of 16 voting members, with seven members appointed to staggered terms of office and nine members appointed to concurrent annual terms of office. One member shall serve an initial term expiring on the first day of January 2008; three members shall serve an initial term expiring on the first day of January 2010; and three members shall serve an initial term expiring on the first day of January 2011. Thereafter, each member serving a staggered term may be appointed to a term of four years. Each member of the annual concurrent appointments may be reappointed to a term of one year. The municipal executive shall make the initial one-year appointment, one of the initial two-year appointments and one of the initial three-year appointments. The legislative body shall make two of the initial two-year appointments and two of the initial three-year appointments. Finally, the legislative body shall also make the annual one-year term appointments.
(C) All members of the commission shall serve until their successors have been appointed and confirmed, subject to the limitation set forth in IC 36-1-8-10(c).
(D) Members of the commission serve at the pleasure of the appointing authority. New members will be appointed to fulfill the unexpired term of a member whose seat becomes vacant for any reason during his or her term. Successive appointments shall be made by the proper appointing authority making the initial appointments as described in subsection (B) of this section.
(E) The senior management staff person from each department of the town shall serve as ex officio, nonvoting members of the commission.
(F) No person shall be appointed as voting member of the commission who has not attained the age of 18 years and who is not a resident of Highland.
(G) The members of the commission serve without compensation. Members of the commission shall not accept gifts, gratuities or other consideration from contracted vendors or vendors under consideration for use at a special event.
(H) A faithful performance or surety bond as prescribed by IC 5-4-1 et seq. in the amount of $10,000 shall be obtained for the commission to cover the faithful performance of the duties of the officers and members of the commission, including the duty to comply with IC 35-44-1-2 and the duty to account properly for all monies and property received in consequence of the duties and activities set forth in this chapter.
(I) The premium upon said bond shall be paid from the fund established by HMC 11.15.050 or any other proper fund of the municipality. 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.
(J) 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.
(K) The clerk-treasurer shall serve as the purchasing agent for the activities of the commission, pursuant to HMC 3.05.050(D)(9) and IC 5-22 et seq. [Ord. 1398 § 1, 2008; Ord. 1450 § 1, 2010; Ord. 1681 § 8, 2018. Code 2000 § 32.40].
11.15.020 Organization and structure.
(A) At its first regular meeting each year, the commission shall elect from its members a chairperson, first vice-chairperson, a second vice-chairperson who shall also act as financial secretary and a secretary.
(B) The first vice-chairperson shall act as chairperson during the absence or disability of the chairperson. In absence or disability of the chairperson and the first vice-chairperson, the second vice-chairperson shall act as chairperson. In the event that the chairperson, the first vice-chairperson and the second vice-chairperson are absent, the secretary will preside over the remainder of the body constituting a quorum which then shall appoint a chairperson pro tempore, who shall perform the duties of the chairperson for that meeting.
(C) Subject to the provisions of this chapter, the chairperson shall preside over the meetings of the commission and shall exercise and perform such duties as are assigned to him or her by this section, as well as perform the duties customary to the office as set forth in the parliamentary authority.
(D) The clerk-treasurer shall serve as treasurer of the commission, pursuant to IC 5-13-5-2. The second vice-chairperson shall also serve as financial secretary. The financial secretary shall collect all valid invoices for goods or services obtained in carrying out the lawful purposes of the commission. The financial secretary shall be responsible for the receipt of applications and associated fees and charges and properly cause them to be deposited with the clerk-treasurer according to the provisions of HMC 11.20.020. The financial secretary shall prepare and sign accounts payable vouchers to be filed for allowance by the town council, all according to IC 5-11-9, 5-11-10 and 36-5-4 et seq.
(E) The secretary shall be responsible for preparing the agenda for commission meetings in consultation with the chair and providing public notice of the meetings of the commission. The secretary shall take roll at the meetings of the commission and shall cause minutes to be kept, showing the vote of the commission members on each question and on the other official actions of the commission, all pursuant to IC 5-14-1.5. The secretary shall maintain copies of communications and reports considered by the commission. In addition, the secretary performs the duties customary to the office as set forth in the parliamentary authority.
(F) The commission is a public body and shall comply with the Indiana Open Meetings Act by providing public notice of its meetings consistent with the Open Meetings Act, pursuant to IC 5-14-1.5. Its records shall be considered public records, governed by IC 5-14-3 et seq.
(G) The parliamentary authority for the commission is Robert’s Rules of Order, newly revised. The commission may take no action on any agenda item unless a quorum of the commission is present. A quorum shall be six members of the commission.
(H) At its first organizational meeting and at the first meeting of each calendar year thereafter, the commission shall establish dates and times for its regularly scheduled meetings. In formulating its meeting schedule, the commission shall attempt to avoid conflict with members’ work and vacation schedules. Meetings shall generally be held once per month, unless there is no business to be considered by the commission. Meeting dates, once established, shall be filed with the clerk-treasurer. [Ord. 1398 § 1, 2008. Code 2000 § 32.41].
11.15.030 Purposes.
(A) The community events commission is established to advise and assist with the planning and execution of special events within the town of Highland.
(B) The purposes of the commission are:
(1) To coordinate the annual celebration of the Fourth of July festivities (Independence Day) including, but not limited to: a festival, parade and fireworks;
(2) To coordinate a Christmas parade;
(3) To coordinate Memorial Day and Veteran’s Day ceremonies;
(4) To assist with other special events the commission determines will promote good will in the town of Highland, including, but not limited to, an annual eighteenth century historical reenactment, seasonal festivals, beer gardens, block parties, parades, arts and craft shows and itinerant restaurants;
(5) To appoint standing and/or ad hoc committees to sponsor and produce specific special events; and
(6) To formulate ordinances for consideration by the town council establishing standard operating policies, rules and regulations applicable to special events and permits therefor, as the commission may deem necessary to conduct its affairs. [Ord. 1507 § 1, 2012. Code 2000 § 32.42].
11.15.040 Annual report.
The community events commission shall prepare and submit an annual report concerning special events to the town council and clerk-treasurer in December of each year. [Ord. 1398 § 1, 2008. Code 2000 § 32.43].
11.15.050 Special events nonreverting operating fund.
(A) There is hereby authorized, created and established a special nonreverting operating fund, to be called the special events nonreverting operating fund for use by the town in support of the purposes of this chapter.
(B) The fund is dedicated and established to provide operating resources for parks and recreation programs, operations and special events undertaken by the town under advice of its special events advisory commission, pursuant to the authority of IC 36-10-2 and 36-1-3 et seq.
(C) Expenditures from this fund shall be governed by the following provisions:
(1) Expenditures from this fund shall be for the purposes and in support of the purposes set forth in this chapter and according to the laws and relevant guidelines governing the disposition of the assets, which comprise the fund, provided the expenditures shall be only operating in nature;
(2) Neither the establishment nor the purposes of this fund shall be in derogation of the lawful purposes or construed to exclude the lawful purpose or expenditure from such other funds of the municipality for the same or similar purposes;
(3) Expenditures from the fund may be made only upon appropriation by the fiscal body for the purpose for which the fund is specifically established, in the manner provided by statute for making other appropriations, and shall be disbursed only on approved accounts payable vouchers allowed by the town council, all pursuant to IC 5-11-10, 36-5-4 and 36-5 et seq.
(D) The sources of money for the fund are the following:
(1) Gifts and donations from any person given expressly for the purposes and objects of the fund, unless otherwise directed by action of the town council;
(2) User fees and other charges as may be authorized and fixed by the community events commission in connection with special community events;
(3) Pursuant to IC 5-13-9 and this code, moneys in the fund may be invested; provided, that the yields from the purchase and sale of any such investments be deposited with the fund.
(E) The appropriations and the cash on deposit to the credit of the fund shall not revert to any other fund but remain with the special events nonreverting operating fund at year end and until such time as an ordinance is passed dealing with the disposition of the assets of this fund.
(F) The clerk-treasurer, as municipal fiscal officer, is hereby directed and authorized to perform such duties and keep such accounts as to fulfill the purpose of the funds herein named and to carry out the provisions of this chapter.
(G) The nonreverting special event fund may be liquidated by an ordinance approved by the town council. Should there be any funds left on deposit in said fund, such funds shall revert to the general fund of the town unless otherwise provided by ordinance of the town council. [Ord. 1398 § 1, 2008; Ord. 1507 § 2, 2012. Code 2000 § 32.44].
11.15.060 Budget and disposition of funds.
(A) The officers of the community events commission will submit an annual budget for the expenditure of special event revenue to the community events commission for review by July 30th of each calendar year. A budget recommended by the commission shall be submitted to the town clerk-treasurer to meet the publication timetable of IC 6-1.1-17 et seq. and then to the town council by the first Friday of August of each calendar year. By September 30th of each calendar year the town council will approve an annual budget for the expenditure of special event revenues for the succeeding calendar and fiscal year.
(B) The clerk-treasurer shall be the approving authority for the expenditure of special event revenues less than $10,000; expenditures greater than $10,000 require prior approval of the town council. [Ord. 1398 § 1, 2008. Code 2000 § 32.45].