(a)
The city council hereby creates and establishes the city parks and recreation board under the authority granted them by the state.
(2013 Code, sec. 3.3.9.1)
(a)
All members of the board shall be permanent residents of the city at the time of appointment to the board.
(b)
All members of the board shall have resided in the city for at least six (6) months prior to their appointment to the board.
(c)
Any member who moves their permanent residence to a location outside the city limits shall forfeit their seat.
(d)
A member of the board may retain their seat while having a temporary residence outside the city limits for a period not to exceed ninety (90) days in any one calendar year.
(1)
To be eligible for this provision the board member must notify the city council liaison to the parks and recreation board and the board secretary in writing prior to the temporary move.
(2)
A member who is temporarily residing outside the city shall notify the city council liaison to the parks and recreation board and the board secretary in writing within one week of returning their residence to the city.
(3)
A member of the board who maintains a temporary residence outside the city limits for a period greater than ninety (90) days in any one calendar year shall forfeit their seat.
(e)
Board members shall remain current in all debts owed to the city.
(2013 Code, sec. 3.3.9.3)
(a)
The mayor, each alderman, the city staff and members of the parks and recreation board may recommend to the city council liaison for the parks and recreation board persons they believe would be candidates for nomination to the parks and recreation board.
(b)
The city council liaison for the parks and recreation board shall nominate eligible persons to fill vacant or expiring positions on the parks and recreation board.
(c)
(1)
The nomination and vote of appointment of a board member shall:
(2)
An affirmative vote of a majority of the aldermen present at the meeting shall result in the person being appointed to the position on the board.
(3)
A tie vote of the aldermen present at the meeting shall require the mayor to cast the deciding vote. If the mayor is not present or cannot vote in the matter, in the case of a tie vote it shall result in the person not being appointed to the position on the board.
(4)
An affirmative vote of less than a majority of the aldermen present at the meeting, except in the case of a tie, shall result in the person not being appointed to the position on the board.
(5)
The nominated person may decline the nomination either before or after the vote on their appointment.
(d)
Except for the city council liaison for the parks and recreation board, the mayor and aldermen of the city may not serve as members of the parks and recreation board.
(e)
A board member may resign from their position by presenting the mayor, the chair of the parks and recreation board, the city council liaison for the parks and recreation board, or the city secretary with a letter of resignation.
(2013 Code, sec. 3.3.9.4)
(a)
City council liaison.
Any alderman may nominate any other alderman to serve as the city council liaison to the parks and recreation board (hereafter “parks and recreation board liaison”) to fill a vacant or expiring parks and recreation board liaison position.
(1)
(A)
The nomination and vote of appointment of the parks and recreation board liaison shall:
(B)
An affirmative vote of a majority of the aldermen present at the meeting shall result in the person being appointed to the position of parks and recreation board liaison.
(C)
A tie vote of the aldermen present at the meeting shall require the mayor to cast the deciding vote. If the mayor is not present or cannot vote in the matter, in the case of a tie vote it shall result in the person not being appointed to the position of parks and recreation board liaison.
(D)
An affirmative vote of less than a majority of the aldermen present at the meeting, except in the case of a tie, shall result in the person not being appointed to the position of parks and recreation board liaison.
(E)
An appointment as parks and recreation board liaison shall be for a period of not more than the balance of the unexpired term of the selected alderman.
(2)
The nominated alderman shall cast a vote “for” or “against” their nomination if they are present at the meeting and eligible to vote on the matter.
(3)
The nominated person may decline the nomination either before or after the vote on their appointment.
(4)
An alderman serving as the parks and recreation board liaison may resign from the position of parks and recreation board liaison without resigning from the underlying position of alderman. To resign, the parks and recreation board liaison shall present the city secretary and the mayor with a letter of resignation stating whether or not they are resigning their underlying alderman position.
(b)
Chair.
Any member of the parks and recreation board may nominate another member to fill a vacant or expiring chair position on the parks and recreation board.
(1)
(A)
The nomination and vote of appointment of the chair of the board shall:
(B)
An affirmative vote of a majority of the board members present at the meeting shall result in the person being appointed to the position of chair.
(C)
An affirmative vote of less than a majority of the board members present at the meeting shall result in the person not being appointed to the position of chair.
(D)
An appointment as chair shall be for a period of not more than the balance of the unexpired term of the selected member.
(2)
The nominated person may decline the nomination either before or after the vote on their appointment.
(3)
The city council liaison for the parks and recreation board is eligible to serve as the chair for the parks and recreation board.
(4)
A member serving as the board chair may resign from the position of chair without resigning from the underlying board membership. To resign, the member shall present the city secretary and the board secretary with a letter of resignation stating whether or not they are resigning the underlying board membership.
(c)
Vice-chair.
Any member of the parks and recreation board may nominate another member to fill a vacant or expiring vice-chair position on the parks and recreation board.
(1)
(A)
The nomination and vote of appointment of the vice-chair of the board shall:
(B)
An affirmative vote of a majority of the board members present at the meeting shall result in the person being appointed to the position of vice-chair.
(C)
An affirmative vote of less than a majority of the board members present at the meeting shall result in the person not being appointed to the position of vice-chair.
(D)
An appointment as vice-chair shall be for a period of not more than the balance of the unexpired term of the selected member.
(2)
The nominated person may decline the nomination either before or after the vote on their appointment.
(3)
The chair shall not be eligible to serve as the vice-chair.
(4)
The city council liaison for the parks and recreation board is eligible to serve as the vice-chair for the parks and recreation board.
(5)
A member serving as the board vice-chair may resign from the position of vice-chair without resigning from the underlying board membership. To resign, the member shall present the city secretary and the board secretary with a letter of resignation stating whether or not they are resigning the underlying board membership.
(2013 Code, sec. 3.3.9.5; Ordinance 2018-03-01, sec. 1.2, adopted 3/6/18)
(a)
The regular term of office shall be for a period of two (2) years or until appointment of a replacement member.
(b)
Odd-numbered seats shall expire at the first city council meeting in January of each odd-numbered year. Odd-numbered seats that were appointed prior to January 2015 shall serve until January 2015 unless properly removed by the city council.
(c)
Even-numbered seats shall expire at the first city council meeting in January of each even-numbered year. Even-numbered seats that were appointed prior to January 2015 shall serve until January 2014 [sic] unless properly removed by the city council.
(d)
The First Alternate and Second Alternate positions do not expire. In the event a nonvoting member holding an alternate position fails to attend four (4) regular meetings in a calendar year, they will be considered to have abandoned their seat. The board chair will prepare a letter to the city council declaring such seat vacant.
(e)
The city council may remove any member of the board at any time by a majority vote of the city council.
(2013 Code, sec. 3.3.9.6)
(a)
The members of the board shall serve without any compensation.
(b)
The city council may approve the payment of expenses for travel, meetings and similar costs which are incurred by the member incidental to the performance of their duties on the board.
(1)
Such reimbursements shall be limited to items, categories and amounts previously approved by the city council in the annual budget.
(2)
All eligible expenses shall have been approved by the chair or vice-chair prior to incurring the expense.
(3)
Requests for reimbursement shall be submitted in writing with a full explanation to the city treasurer and city secretary for consideration at an upcoming city council meeting.
(2013 Code, sec. 3.3.9.7)
(a)
The board shall, as a whole or as individual parts thereof, prepare or cause to be prepared a parks and recreation plan for the benefit, beautification, health and enrichment of the lives of the citizens and visitors to the city.
(b)
The parks and recreation plan may include but is not limited to the following elements:
(c)
The board shall, as a whole or as individual elements thereof, present and recommend the adoption of the parks and recreation plan to the city council.
(d)
Each element of the parks and recreation plan shall contain the following planning components:
(1)
Immediate implementation, which includes plans to be implemented within the current or next fiscal year;
(2)
Short-range implementation, which includes plans to be implemented between one (1) and five (5) years;
(3)
Mid-range implementation, which includes plans to be implemented between five (5) and ten (10) years;
(4)
Long-range implementation, which includes plans to be implemented between ten (10) and twenty-five (25) years; and
(5)
Very-long-range implementation, which includes plans to be implemented beyond twenty-five (25) years.
(e)
Prior to the final adoption by the city of any element of the parks and recreation plan, the parks and recreation board shall hold a public hearing to receive public comments from citizens.
(f)
From time to time the board shall recommend changes to the then-current parks and recreation plan to the city council.
(2013 Code, sec. 3.3.9.8)
(a)
Except as provided elsewhere in this Code of Ordinances, the board shall assist the planning and zoning commission in an advisory capacity by making recommendations for parks and open space in relation to all requests relating to subdivision plats larger than twenty (20) acres in the city, including:
(b)
The board shall review such plats for compliance with the parks and recreation plan, the Code of Ordinances, other regulations of the city and state law related to parks and recreation.
(c)
The board shall complete their review [and] make their recommendation to the planning and zoning commission no later than the date the planning and zoning commission has set to review the subdivision plat.
(d)
A recommendation shall be considered received by the commission when presented to the commission at the meeting scheduled to review the plat.
(e)
If the board fails to complete its review and make recommendation to the planning and zoning commission prior to the vote by the planning and zoning commission on the plat, the plat shall be forwarded to the city council for action with no recommendation by the board.
(2013 Code, sec. 3.3.9.9)
The board shall not review subdivision plats in the extraterritorial jurisdiction of the city.
(2013 Code, sec. 3.3.9.10)
(a)
From time to time as the need arises, the board shall select from its membership a representative to work with outside groups that are putting on or sponsoring recreational activities in and around the city.
(b)
A single board member may be, but is not required to be, assigned to two (2) or more outside activities.
(2013 Code, sec. 3.3.9.12)
(a)
The board shall conduct research and analysis of matters affecting parks and recreation in the city.
(b)
The board shall conduct research and analysis of other matters as directed by the city council.
(c)
The board shall conduct research and analysis of other matters as requested by the city administrator.
(2013 Code, sec. 3.3.9.14; Ordinance adopting 2018 Code)
The board shall perform other duties as may be assigned by the city council.
(2013 Code, sec. 3.3.9.15)
(a)
All business of the board shall be conducted in open meetings which were properly noticed and for which the business or action appears on the agenda.
(b)
Three (3) voting members of the board shall constitute a quorum.
(c)
The board shall prepare a record of all meetings as required by the Code of Ordinances, city ordinance and state law.
(1)
The record shall include a set of approved minutes for each meeting with each topic discussed and each motion and vote.
(2)
The record shall include the original board agenda for the meeting signed by the board secretary.
(3)
The record shall include a copy of all documents submitted to the board in relation to the business conducted at the meeting.
(d)
For any motion to prevail it shall have received the affirmative vote of a majority of the board members eligible to vote on the motion, in attendance at the meeting and actually present at the time of the vote. If established by a separate ordinance, rule, regulation or law, some matters may require the affirmative vote of the full board or a super majority of the full board.
(2013 Code, sec. 3.3.9.17)
(a)
The chair shall submit to the board secretary items for placement on the board agenda.
(b)
The chair shall review and approve the board agenda prior to posting of the board agenda by the board secretary.
(c)
The chair shall be the presiding officer at each board meeting at which they are in attendance.
(d)
The chair shall report regularly to the city council on the activities of the board.
(1)
Reports to the council by the chair shall be as often as appropriate but in no case be less often than once a quarter.
(2)
The reports to the council shall be in writing but shall be verbally summarized by the chair at a city council meeting for which an item appears on the agenda notifying the public of the contents of the report.
(e)
The chair shall ensure the board acts in accordance with the directions of the city council.
(f)
The chair shall ensure each board member has a fair and equal opportunity to be heard, at each board meeting they attend, on any topic which appears on an agenda for that meeting.
(g)
The chair shall ensure the deliberations of the board members are on topic and within the scope of the agenda item.
(h)
The chair shall ensure each municipal officer has a fair and equal opportunity to be heard, at each board meeting they attend, on any topic which appears on an agenda for that meeting. If a staff member is attending the meeting as a representative of a municipal officer and in the absence of the municipal officer, the chair shall afford the staff member the same privileges as the municipal officer would be entitled.
(i)
The chair shall ensure the visitors and guests observe proper decorum during board meetings.
(1)
The chair may only request a visitor or guest leave a meeting for just and good cause that the meeting could not continue without undo interruption if the guest or visitor remained. If a guest or visitor who has [been] asked to leave fails to comply and continues to disrupt the meeting, the chair shall temporarily recess the meeting until law enforcement can return order to the meeting.
(2)
The chair may only request a staff member leave a meeting for just and good cause that the meeting could not continue without undo interruption if the staff member remained.
(A)
If a staff member who has [been] asked to leave fails to comply and continues to disrupt the meeting, the chair shall temporarily recess the meeting until law enforcement can return order to the meeting.
(B)
If the chair asks a staff member to leave for any reason, the chair shall prepare a written statement detailing the reason for the request within twenty-four hours and present it to the staff member’s supervising municipal officer.
(C)
A supervising municipal officer may object to the action of the chair by presenting their objections in writing to the city secretary for consideration and action of the city council.
(3)
The chair may not ask a board member nor a municipal officer removed from a meeting.
(j)
The chair shall endorse all minutes of the board.
(k)
The chair shall endorse all records, reports, or actions of the board which have been properly passed or approved.
(l)
The chair shall work in good faith with the mayor, aldermen, municipal officers, other board members and staff of the city.
(2013 Code, sec. 3.3.9.18)
(a)
The vice-chair shall assist the chair in the performance of their duties.
(b)
The vice-chair shall perform the duties of the chair in the absence of the chair.
(c)
The vice-chair shall perform the duties of the chair if for any reason the chair fails to perform or refuses to perform the duties of the chair. If the chair refuses to perform their duties when called on to do so by a unanimous vote of the board members (excluding the chair) present at a meeting, the vice-chair shall immediately assume the duties of the chair and shall continue to serve in that role until the end of the meeting.
(d)
The vice-chair shall work in good faith with the mayor, aldermen, municipal officers, other board members and staff of the city.
(2013 Code, sec. 3.3.9.19)
(a)
Each board member shall attend the meetings of the board.
(b)
Each board member shall participate in the duties and actions of the board.
(c)
Each board member shall respect the authority of the mayor, aldermen, municipal officers, chair, vice-chair, board secretary, and parks and recreation board liaison.
(d)
Each board member shall confine their deliberations of each item set before them to the scope and manner prescribed by state law, city ordinance, the Code of Ordinances and other rules of the city.
(e)
Each board member shall follow the direction and guidance of the city council as provided them from the official records of the city council and the parks and recreation board liaison.
(f)
Each board member shall not let a single alderman or group of aldermen disproportionably influence their actions but instead should rely on the official position of the governing body as demonstrated through the votes of the body.
(g)
Each board member shall confine their deliberations to properly called meetings of the board on which the item has been properly noticed on the agenda.
(h)
(i)
Each board member shall work in good faith with the mayor, aldermen, municipal officers, other board members and staff of the city.
(j)
Each board member shall fulfill any reasonable request or order of the mayor, an alderman or a municipal officer.
(2013 Code, sec. 3.3.9.21)
(a)
The parks and recreation board liaison shall attend the meetings of the board.
(b)
The parks and recreation board liaison shall nominate persons for appointment to the board.
(c)
The parks and recreation board liaison shall sponsor items of interest to the board on the city council agenda.
(d)
The parks and recreation board liaison shall serve as arbiter for disputes among board members.
(e)
The parks and recreation board liaison shall request the removal of any board member not complying with state law, city ordinance, the Code of Ordinances, or regulations or rules of the city.
(f)
The parks and recreation board liaison shall update the city council on items of interest to the board when those items are deliberated by the city council.
(g)
The parks and recreation board liaison shall update the city council on significant items coming before the board.
(2013 Code, sec. 3.3.9.22)
(a)
The parks and recreation board shall work with the budget officer for the city in preparing a budget for the parks and recreation board to be submitted as part of the budget officer’s annual budget request.
(1)
It shall be the board chair’s responsibility to ensure the budget officer has any and all information he needs to complete the parks and recreation board budget request.
(2)
The budget officer is not limited by the requests of the board or its members in making the budget requests to the city and he is specifically authorized under this code and the laws of the state to amend, change or eliminate any or all items contained in any budget request prior to submission to the city secretary for consideration by the city council.
(b)
All expenditures authorized by the parks and recreation board must be made in compliance with a properly adopted parks and recreation board budget.
(2013 Code, sec. 3.3.9.24)
(a)
The board secretary shall submit the original of all records to the city secretary for inclusion in the official records of the city.
(b)
The board secretary shall maintain a true and correct copy of all records of the board, for use by the board, in a location provided by the city for such documents.
(c)
The records of the board shall include but not be limited to:
(1)
Each signed original final agenda;
(2)
Each signed original amendment to the agenda;
(3)
Each signed original notice of cancellation of a meeting;
(4)
Each signed original notice of attendance;
(5)
The original of each item included in a board packet;
(6)
An original copy of each item distributed to board members;
(7)
The original work product of each board member;
(8)
The audio recording of each meeting of the board;
(9)
A true and correct copy of each item presented to the board at a meeting by a member of the public, visitor or guest;
(10)
A true and correct copy of each correspondence from the chair, vice-chair, board secretary or individual board members;
(11)
The original of each submission from the board to the city council;
(12)
The original of each written directive from the city council to the board;
(13)
A true and correct copy of any request made to the board by any member of the public, individual, corporation, government entity or organization of any kind; and
(14)
A true and correct copy of any correspondence sent to the board, chair, vice-chair, board secretary, or individual board member concerning any matter that involves any past, present, future or potential business of the city in any possible way.
(2013 Code, sec. 3.3.9.25)