Local Government
Chesterton Town Code
Chapter 2
ADMINISTRATION

Art. I
In General, 2-1 - 2-15

Art. II.
Town Council , 2-16 - 2-55
Div. 1. Generally, 2-16 - 2-30
Div. 2. Meetings, 2-31 - 22-55

Art. III.
Officers and Employees,
2-56 -2-104
Div. 1. Generally, 2-56 - 2-65
Div. 2. Town Manager, 2-66 - 2-80
Div. 3. Town Attorney, 2-81 - 2-95
Div. 4. Personnel Policy, 2-96 - 2-99
Div. 5. Public Purchases, 2-100 - 2-104

ARTICLE I. IN GENERAL
Sec. 2-1. Promotional fund.

A. Established. A fund, the Chesterton Promotional Fund, is hereby established.   The Town Council is hereby authorized to budget and appropriate funds from the general fund to pay the expenses incurred in promoting the betterment of the municipality.

B. Permissible expenditures. Expenditures from this fund may include, but are not necessarily limited to the following:

    1. Membership dues in local, regional, state and national associations of a civic, educational or governmental nature, which have as their purpose the betterment and improvement of municipal operations.

    2. Direct expenses for travel, meals, and lodging in conjunction with municipal business or meetings or organizations to which the municipality belongs.

    3. Expenses incurred in the promotion of economic or industrial development for the municipality, including meeting room rental, decorations, meals and travel.

    4. Commemorative plaques, certificates, or objects such as commemorative keys.

    5. Other purposes which are deemed by the Town Council to directly relate to promotion of betterment of the Town.

C. Town Council's approval prerequisite to expenditures; claims for expenses. No expenses shall be allowed from this fund without prior authorization and approval of the Town Council. Claims for expenses under this section shall be allowed as prescribed by law.

Sec. 2- 2. Claim payments.
The Clerk-Treasurer of the Town is authorized to make claim payments in advance of council allowance for the following kinds of expenses:

        A. Property or services purchased or leased from the United States government, its agencies, or its political subdivisions;

        B. Licenses or permit fees;

        C. Insurances premiums;

        D. Utility payments or utility connection charges;

        E. Federal grant programs where advance funding is not prohibited and the contracting party posts sufficient security to cover the amount advanced.

        F. Grants of state funds authorized by statute;

        G. Maintenance or service agreements;

        H. Leases or rental agreements;

        I. Principal and interest payable on bonds;

        J. Payroll;

        K. State, federal, or county taxes;

        L. Expenses that must be paid because of emergency circumstances; or

        M. Expenses described in an ordinance. 

        N. Fuel bills.

 

Each payment of expenses must be supported by a fully itemized claim.

The Town Council or Board having jurisdiction over the allowance of the claim shall review and allow the claim at its next regular or special meeting following the preapproved payment of the expense.

Secs. 2- 3 - 2-15. Reserved.

ARTICLE II. TOWN COUNCIL
DIVISION 1. GENERALLY

Sec. 2-16. Election of President and Vice-President; terms.
At the first regular meeting of the calendar year, the Council shall elect one Council Member to serve as President of the Council and one Council Member to serve as Vice-President. Council members so elected shall hold such office until the election at the first meeting of the following calendar year.

Sec. 2-17. President's powers and duties.
The President shall also have the following powers and duties by virtue of his office:

        A. He shall sign the minutes after the Council has approved them.

        B. He has the right to order the Police to remove from the meeting such person or persons as are necessary to maintain order.

Sec. 2-18. Vice-President to act in absence of President; election of Chairman Pro Tem.

        A. In the absence of the President, the Vice-President shall assume the duties and powers of the President.

        B. In the absence of the President and Vice-President, the Clerk-Treasurer shall call the meeting to order and the Council Members shall immediately proceed to elect a Council Member to serve as Chairman Pro Tem.

Secs. 2 -19- 2-30. Reserved.
DIVISION 2. MEETINGS

Sec. 2-31. Regular.
The Town Council shall meet in regular session (except in case of emergency or extraordinary circumstances) on the second and fourth Monday of each calendar month at 7:00 p.m. in the Town Hall or other room selected. Any regular meeting may be adjourned to a designated future day and hour.   At such adjourned meeting any business may be transacted at the regular meeting of which the adjourned meeting is a continuation.   At such adjourned meeting, the Town Council shall not be limited to the completion of particular items of business that had actually been entered upon and left unfinished at the regular meeting unless the order of adjournment of such meeting expressly limits the work of the adjourned meeting.

Sec. 2-32. Special.
Special meetings or executive sessions of the Town Council may be held by the Council at any time at the request of any Town Council Member upon proper notice. The call of a special meeting or executive session shall be by the Clerk-Treasurer who shall give notice to the Town Council following Indiana's Open Door Law. The minute records shall show the issuance of the call.   Special meetings may be called at a regular or adjourned meeting.   Where the call is made at such a meeting, no notice need be served on any Council Member present at such meeting.

Sec. 2-33. Quorum.
A majority of all the elected members of the Town Council shall constitute a quorum.   Official action of the Town Council shall consist of a majority vote of the quorum present except where a state statute or rule of the Council provides differently.

Sec. 2-34. Robert's Rules to govern; exception.
Robert's Rules of Order shall govern the meetings of the Town Council where such are not inconsistent with this division.

Sec. 2-35. Call to order; reading of minutes.

The President of the Town Council shall take the chair at the hour fixed for the opening of the meeting and shall immediately call the same to order. Reading of the minutes shall be dispensed with unless a motion passed by a majority of those present calls for such reading.

Sec. 2-36. Preservation of order; appeal from decision of chair.

        A. The President shall preserve order and decorum. He may speak to points of order in preference to other members, and shall decide questions of order, subject to an appeal by any member.   Upon the appeal, no member shall speak more than twice without leave of the chair.

        B. The question on an appeal shall be in the following form: Shall the decision of the chair stand as the decision of the Council.

Sec. 2-37. Voting on questions.
The President shall put questions that are in order, to a vote in the following form: "All those in favor of the motion please say 'aye'."   After the affirmative vote is expressed, the President shall direct all those opposed to say 'No.'

Sec. 2-38. Matters affecting members collectively and individually in official capacity to take precedence.
Matters affecting the Town Council collectively and any Council Members individually in their official capacity shall have preference over all other questions except motions to adjourn.

Sec. 2-39. Order of business.
The order of business shall be as follows unless this rule is suspended by a two-thirds vote of the Council:

        A. Call to order and pledge to the flag;

        B. Roll call;

        C. Approval of the minutes of the preceding meeting;

        D. Consideration of claims;

        E. Petitions and comments from the floor;

        F. Reports from Town officers and departments:

        G. Public hearings, bid openings and remonstrances;

        H. Ordinances or resolutions;

        I. Communications;

        J. Old business;

        K. New business;

        L. Comments from the Council;

        M. Adjournment.

       Sec. 2-40. Minutes to be kept.
The Clerk-Treasurer shall keep a written record of the minutes of all meetings of the council , including adjourned and special meetings.

Secs 2-41 - 2-55. Reserved.

ARTICLE III. OFFICERS AND EMPLOYEES
DIVISION 1. GENERALLY

Secs. 2-56 - 2-65. Reserved.
DIVISION 2. TOWN MANAGER

Sec. 2-66. Authorized; compensation and terms of employment; limitation on term.
The Town Council may employ a Town Manager to be the administrative head of the Town Government and may fix his compensation and terms of employment. The Manager may be employed to serve;

        A. At the pleasure of the legislative body; or

        B. For a definite tenure not to exceed the longest remaining term in office of a member of the legislative body, in which case he may be dismissed only for cause.

Sec. 2-67. Qualifications.
The Town Council may not employ one of its members as the Manager.

Sec. 2-68. Bond.
The Manager must, in the manner prescribed by IC 5-4-1, execute a bond for the faithful performance of his duties.

Sec. 2-69. Acting Manager authorized.
The Town Council may appoint a qualified person to perform the duties of the Manager whenever he is absent or unable to perform his duties.

Sec. 2-70. Issuance of warrants or execution of notes or bonds prohibited.
The Town Council may not authorize the Manager to issue or execute bond, notes, or warrants of the Town.

Sec. 2-71. Powers and duties.
The Manager, under the direction of the Town Council , is responsible for the administrative duties of the Council.   Unless a written order or ordinance of the Town Council provides otherwise, the Manager:

        A. Shall attend the meetings of the Council and recommend actions he considers advisable;

        B. Shall hire Town employees according to the pay schedules and standards fixed by the Council or by statute;

        C. Shall suspend, discharge, remove, or transfer Town employees, if necessary for the welfare of the Town;

        D. May delegate any of his powers to an employee responsible to him;

        E. Shall administer and enforce all ordinances, orders, and resolutions of the Council;

        F. Shall see that all statutes that are required to be administered by the Council or a Town Officer subject to the control of the Council are faithfully administered;

        G. Shall prepare budget estimates and submit them to the Council when required;

        H. Shall execute contracts on behalf of the Town for materials, supplies, services, or improvements, after the completion of the appropriations, notice, and competitive bidding required by statute; and

        I. May receive service of summons on behalf of the Town.

Secs. 2-72 - 2-80. Reserved.
DIVISION 3. TOWN ATTORNEY

Sec. 2-81. Office created.
There is hereby created and established the position of Town Attorney.

Sec. 2-82. Qualifications.
The position of Town Attorney shall be filled and held by an attorney licensed to practice law in the state.

Sec. 2-83. Appointment; term.
The Town Attorney shall be appointed by the Town Council and shall serve at the pleasure of the Council.

Sec. 2-84. Compensation.
The Town Attorney shall receive compensation based upon a contract with the Town and the salary ordinance and shall receive additional compensation for the prosecution and defense of legal actions in an amount to be from time to time determined by the Town Council.

Sec. 2-85. Duties.

        A. The Town Attorney shall draw all contracts, ordinances and legal documents that may be required of him by the Town Council and other Town Boards and he shall prosecute or defend, as the case may require, all actions brought by or against the Town or any political subdivision or agency thereof.

        B. The Town Attorney shall be the legal advisor of all the Board Officers, officials or appointees of the Town in relation to their official acts.

Secs. 2-86 - 2-95. Reserved.
DIVISION 4. PERSONNEL POLICY

Sec. 2-96. Personnel Policy.
The Town Council adopts a Personnel Policy Handbook, Town of Chesterton Employees that is attached as Appendix "C" to the Code.   The Personnel Policy Handbook may be amended at any time by the Town Council by a motion made, seconded, and approved by a majority of the entire Council.

Secs. 2-97 - 2-99. Reserved.
DIVISION 5. PUBLIC PURCHASES.

Sec. 2-100. Purchasing Agency.
The Town Council is the purchasing agency for the Town and the Utility Service Board is the purchasing agency for the Chesterton Utility with all of the powers and duties authorized under Indiana Code 5-22, entitled "Public Purchasing".

Sec. 2-101. Purchasing Agent.
The Town Department Heads and the Utility Superintendent shall be the purchasing agent for the Town Council and Utility Service Board respectively with all the powers and duties authorized under I.C. 5-22, entitled "Public Purchasing".

Sec. 2-102. Supplies Manufactured in the United States.
Supplies manufactured in the United States shall be specified for all Town purchases and shall be purchased, unless the Town Council for Town purposes or the Utility Service Board for Utility purposes, determines that any of the following apply:

        A. The supplies are not manufactured in the United States in reasonably available quantities;

        B. The prices of the supplies manufactured in the United States exceed by an unreasonable amount the price of available and comparable supplies manufactured elsewhere;

        C. The quality of the supplies manufactured in the United States is substantially less than the quality of comparably priced available supplies manufactured elsewhere; or

        D. The purchase of supplies manufactured in the United States is not in the public interest.

Sec. 2-103. Purchases Less than $25,000.00.
The Purchasing Agent may purchase supplies with an estimated cost of less than $25,000.00 on the open market without inviting or receiving quotes or bids so long as the purchase is in the Purchasing Agent's budget or the Purchasing Agent receives the express authority from the Purchasing Agency.

Sec. 2-104. Purchase of Services.
The Purchasing Agencies of the Town may purchase services in whatever manner they determine to be reasonable.