Chapter 1.10
FORM OF GOVERNMENT
Sections:
1.10.060 Statutory boards and commissions.
1.10.070 Existing boards and commissions.
1.10.010 Organization.
The government of the town of Whitestown shall consist of five branches, those being:
A. Executive branch (IC 36-5-2-2);
B. Legislative branch (IC 36-5-2-2);
C. Fiscal branch (IC 36-5-6-2);
D. Judicial branch;
E. Statutory boards and commissions. [Ord. 1984-05 § 10. Prior code Title 2, Ch. 1, § 1]
1.10.020 Executive branch.
The executive branch under the direction of the town council president shall be organized as follows:
A. The board president is the town executive and head of the executive branch. The board president shall faithfully perform the duties and responsibilities contained in the Indiana Code, other statutes, and the Town Code of Whitestown, Indiana.
B. The board president shall have control or shall assign a member of the board to oversee the control of the day-to-day operations of the following executive departments which are hereby established:
1. Street department;
2. Sanitation department;
3. Water department.
C. The town council may appoint a head of the street department and a utility superintendent to oversee the sanitation and water departments.
D. A department of law is hereby established pursuant to IC 36-4-9-12.
1. The town council shall appoint the town attorney as director of the department of law.
2. The town judge may recommend for approval of the town board an attorney to serve as town prosecutor during the judge’s term of office for the purpose of prosecuting ordinance violations and traffic infractions occurring within the town limits.
E. The department of public safety is hereby created pursuant to IC 36-8-3-1, et al.
1. Until such time that a board of police commissioners is established, the town council shall constitute the members of the safety board (IC 36-8-3-4.1).
2. The town council shall appoint one of its members the chairman of the safety board. The chairman shall be responsible for the day-to-day operations of the safety board and shall report monthly to the town council on the activities of the department of public safety.
3. The safety board shall have exclusive control over all matters and property relating to the:
a. Police department;
b. Fire department, if any;
c. Animal shelters;
d. Inspection of buildings.
4. The safety board may purchase the equipment and supplies and make repairs needed in the department of public safety subject to the appropriation power of the town council.
5. The safety board may adopt rules for the government and discipline of the police department and fire department, if any, and, adopt general and specific orders to the police and fire departments through the chiefs of their respective departments. [Ord. 2004-17; Ord. 1984-05 § 10. Prior code Title 2, Ch. 1, § 2]
1.10.030 Legislative branch.
The legislative branch shall be under the town council of the town of Whitestown, formerly known as the board of trustees of the town of Whitestown. The town council shall have the exclusive authority to adopt ordinances and appropriate tax monies received by the town, and perform other necessary and desirable legislative functions. The clerk-treasurer shall be the clerk of the town council and shall perform the duties prescribed by IC [36-4-6-9].
The regular meeting date and time for the town council shall be at 6:30 p.m. on the second Tuesday of each month. The town council president, or in his or her absence, his or her appointed designee, shall be the presiding officer of the council.
A. Order of Business. The order of business to be followed at a meeting of the Whitestown town council shall be as hereinafter set forth; provided, however, that the order of business may be changed or suspended by the presiding officer with the consent of the majority of the members of the council present:
1. Call to order;
2. Roll call by the clerk-treasurer;
3. Reading of minutes and approval;
4. New business, including ordinances or resolutions;
5. Petitions or comments of citizens;
6. Old business, including ordinances or resolutions already introduced;
7. Miscellaneous business and matters not already considered;
8. Reports from committees and board of commissioners;
9. Adjournment.
B. Contempt and Disorder in the Board Room. No person shall use violent or contemptuous language, behave in a disorderly manner, or refuse to obey the orders of the presiding officer in the board room while the town board is in session. The presiding officer may order the removal from the board room of anyone who intentionally disturbs the decorum of a board meeting.
C. Introduction and Adoption of Ordinances and Resolutions.
1. Except as otherwise provided by law, pursuant to IC 36-5-2-9.8, a two-thirds vote of all council members, after unanimous consent of the council members present to consider the ordinance, is required to pass an ordinance on the same day or at the same meeting in which it is introduced. No third reading is required.
2. Except as otherwise provided by law, resolutions may be adopted by a majority vote on first reading.
3. Ordinances or resolutions may be read by title only; provided, however, that if any council member requests a reading in full, the ordinance or resolution must be read orally in its entirety one time. Exhibits or other attachments need not be read.
D. Questions of Order. The presiding officer shall decide all questions of order. He or she shall decide whether any question submitted to the board of adoption or rejection is decided in the affirmative or negative.
E. Appeal from Decision of Presiding Officer. From any decision of the presiding officer any member may appeal to the board. The appeal shall be by motion duly made and seconded. A majority vote as defined in IC [36-4-6-11(a)] is necessary to overrule the presiding officer.
F. Suspension of Rules. The order of business may be suspended by a two-thirds vote of the members of the board.
G. Town Wards.
1. The town council of the town of Whitestown, Boone County, Indiana, shall be comprised of five members, all of whom shall be elected from legislative districts.
2. The town of Whitestown shall be divided into five electoral districts pursuant to and in accordance with IC 36-5-2-4.1 for the purpose of electing town council members.
3. The town council for the town of Whitestown hereby establishes the five electoral districts as established in the map attached to the ordinance codified in this section as Exhibit A, which is incorporated herein by reference.
4. The five electoral districts established by this section comply with the provisions of IC 36-5-2-4.1. [Ord. 2012-23 §§ 1 – 3; Ord. 2012-17 §§ 1 – 4; Ord. 2008-03; Ord. 2007-18; Ord. 2006-25 § 1; Res. 2005-12; Ord. 2002-08; Ord. 2001-11; Ord. 1984-05 § 10. Prior code Title 2, Ch. 1, § 3]
1.10.040 Fiscal branch.
The fiscal branch shall operate under the authority of the clerk-treasurer and be organized as follows:
A. The clerk-treasurer is the fiscal officer of the town and the head of the fiscal branch. He or she shall perform the duties assigned by IC 36-5-6-6.
B. The clerk-treasurer is hereby authorized, pursuant to IC 36-4-11-4, to appoint one deputy clerk-treasurer to be paid from funds appropriated for the office of clerk-treasurer and funds from the town utility. Such deputy shall work under the exclusive direction of the clerk-treasurer, and serves at the pleasure of the clerk-treasurer. The clerk-treasurer shall, if authorized by the board of trustees, appoint such additional deputy clerk-treasurers as are necessary to [carry] out the duties of the office.
C. The clerk-treasurer shall furnish space within his or her office for the administrative personnel and records of the town’s utilities. The clerk-treasurer shall be compensated for services he or she renders to the town’s utilities.
D. Procedure for payment of claims shall be as follows:
1. All claims shall be filed with the clerk at least five days prior to the town meeting (IC 36-5-4-4);
2. Upon receipt of the claim, each claim shall be logged in the “claims log” noting the date the claim was received, name of the claimant, the amount of claim, and the date a copy of the claim was sent to the chief of development;
3. All claims shall be supported by fully itemized invoices attached to the claim and certified by the clerk-treasurer as true and correct and shall be presented to the town board at their next scheduled meeting (IC 36-5-4-6);
4. Upon approval of a claim by the town board, the clerk-treasurer shall issue payment of said claim within 72 hours and shall have recorded in the claims log the date the claim was approved and the date payment was mailed to claimant.
5. The clerk-treasurer shall present the claims log to the chief of development prior to the commencement of each town board meeting. [Ord. 2001-14; Ord. 1984-05 § 10. Prior code Title 2, Ch. 1, § 4]
1.10.050 Judicial branch.
There shall be established a town court of Whitestown, to be headed and operated by a town judge elected and seated pursuant to IC [33-35-1-1].
A. In accordance with the provisions of IC [Title 33, Article 35, Chapter 1, Section 1] (IC [33-35-1-1]), there is hereby established the town court of the town of Whitestown, Indiana.
B. This court shall have exclusive jurisdiction of all violations of the ordinances of the town, and shall have jurisdiction of all misdemeanors and all infractions in accordance with IC [Title 33, Article 35, Chapter 2, Section 8] (IC [33-35-2-8]).
C. The Whitestown town court, heretofore established by ordinance, shall continue unless abolished in accordance with the provisions of IC [33-35-1-1] et seq.
D. On November 8, 1983, election of a judge of the town court of Whitestown, Indiana, was held. Election of the judge shall be held in the municipal election every fourth year thereafter.
E. The judge of the town court of Whitestown, Indiana, shall exercise the powers and perform the duties as provided for in [Title 33, Article 35] (IC [33-35]).
F. The salary of the judge of the town court of Whitestown, Indiana, shall be fixed by the board of trustees of the town by ordinance as now provided by law for the fixing of the salaries of other elected town officers. [Ord. 1984-05 § 10. Prior code Title 2, Ch. 1, § 5]
1.10.060 Statutory boards and commissions.
The town shall have the following statutory boards and commissions as may be established hereafter by the town board of trustees. [Ord. 1984-05 § 10. Prior code Title 2, Ch. 1, § 6]
1.10.070 Existing boards and commissions.
The boards and commissions of the town of Whitestown now organized and operating shall continue in operation with the same members and terms of office. [Ord. 1984-05 § 10. Prior code Title 2, Ch. 1, § 7]