(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)
(c)
The
alternate board member shall be authorized to vote on any matter when
the alternate member’s presence forms the quorum.
(2013 Code, sec. 3.3.9.2; Ordinance 2014-07-01 adopted 7/1/14; Ordinance 2018-03-01, sec. 1.1, adopted 3/6/18; Ordinance 2021-02-01 adopted 2/2/21)
(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)
The
board shall regularly review the existing city ordinances relating
to parks and recreation.
(b)
The
board shall recommend changes to these ordinances by submitting them
in writing to the city secretary or appearing in person before the
city council.
(2013 Code, sec. 3.3.9.11)
(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 administer a donation program to assist the funding of
parks and recreation activities.
(b)
The
board shall identify and seek grants, loans and other funding sources
for parks and recreation in the city.
(2013 Code, sec. 3.3.9.13)
(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)
The
board shall establish regular meeting days each month.
(b)
The
board shall establish regular meeting times.
(c)
The
board shall meet at such other times as may be necessary for the efficient
performance of its duties.
(2013 Code, sec. 3.3.9.16)
(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)
Each
board member who finds himself part of a deliberation outside a properly
noticed meeting shall immediately thereafter, in writing, notify the
city secretary.
(2)
The city secretary shall forward a copy of the written notification
to the chief of police for criminal investigation.
(3)
Each board member who, as soon as they become aware of the illegal
deliberations, immediately removes themselves from the illegal deliberation
and complies with each of the notification requirements, shall not
be declared in violation of subsection (f)[(g)] of this section.
(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)
