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HomeMy WebLinkAboutD-362 Est. Executive, Legislative Fiscal, JudicalORDINANCE NUMBER D362 AN ORDINANCE ESTABLISHING THE EXECUTIVE, LEGISLATIVE, FISCAL AND JUDICIAL ORGANIZATION OF THE CITY OF CARMEL, INDIANA WHEREAS, the Indiana General Assembly has recodified and revised the laws governing city government, and WHEREAS, the new city government law requires the establishment of departments and agencies that the Common Council considers necessary to efficiently perform the functions of city government (I.C. 36-4-9-4), and WHEREAS, it is in the best interests of the citizens of the City of Carmel to have concise divisions of authority and responsibility within city government, which divisions will enable the city officials to effectively respond to the needs of the citizens; THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, THAT: I Organ i z at ion The government of the City of Carmel shall consist of four (4) branches, those being: A. Executive Branch (I.C. 36-4-5) B. Legislative Branch (I.C. 36-4-6) C. Fiscal Branch (I.C. 36-4-10) D. Judicial Branch (I.C. 33-10.1-1-3) II Executive Branch A. The Mayor is the city executive and head of the executive branch. He or she shall faithfully perform the duties and responsi- bilities contained in I.C. 36-4-5 and other statutes of the State of Ind i an a. B. The Mayor shall be the chief administrator of the city and shall have control of the day-to-day operations of the following executive departments which are hereby established: 1. Department of Community Development a. Plan Commission (I.C. 36-7-4 et seq.) b. Board of Zoning Appeals (I.C. 36-7-4-900 et seq.) 2. Engineering Department 3. Fire Department a. Fire Pension Board (I.C. 36-8-7 [1925 Fund] & I.C. 36-8-8-[1977 Fund]) 4. Department of Law (pursuant to I.C. 36-4-9-12 -- City Attorney and attorney for Plan Commission, Board of Zoning Appeals) 5. Metropolitan Police Department a. Police Pension Board (I.C. 36-8-6 [1925 Fund] & I.C. 36-8-8 [1977 Fund]) 6. Street Department 7. Public Utilities, Water and Wastewater The chiefs of the Fire and Metropolitan Police Departments and the heads of the Department of Community Development (pursuant to I.C. 36-4-9-2), Engineering Department, Department of Law, Street Depart- ment, and the Public Utilities are appointed by the Mayor and serve at his or her pleasure. (I.C. 36-4-9-2) C. There is hereby established a Board of Public Works and Safety within the executive branch. The members of the Board of Public Works and Safety are the Mayor and two voters of the city who shall be chosen by the Mayor and serve at his or her pleasure. The Board shall administer the City of Carmel Public Utilities. (I.C. 36-4-9-5) D. There is hereby established an Economic Development Commission organized under I.C. 36-7-92-1, et seq. III Leg i slat ive Branch A. The legislative branch of the City of Carmel is the Common Council. The council shall have exclusive authority to adopt ordinances and appropriate tax monies received by the City or its municipal-owned utilities companies, approve annual budgets for the City and city-owned utilities, and to perform other necessary and desirable legislative functions ( I.C. 36-4-6). B. The Common Council shall be composed of seven (7) members, five (5) of whom are elected from single-member districts and two (2) of whom are elected at-large. The districts are attached hereto as Exhibit A. Redistricting of councilmanic districts shall be done in 1983 and, at least, every ten (10) years thereafter in accordance with I.C. 36-4-6-4 and 5. The Council may by ordinance require redistricting on a more frequent basis through adoption of appropriate ordinances. C. The Clerk-Treasurer shall be the clerk of the council and shall perform the duties prescribed by I.C. 36-4-6-9 and such others as the council may direct. D. The regular meeting date and time for the Common Council shall be at 7:30 p.m. o'clock on the 1st and 3rd Mondays of each month, unless otherwise established by a simple majority vote. 1. Special meetings of the Council may be called by the Mayor so long as 48 hours advanced notice has been given to each and every Council member either orally or by letter delivered to the Council member's residence by the Mayor's office. 2. Emergency sessions of the Common Council may be called by the Mayor without 48 hours notice if there is a clear and present danger to the city. Such Council meetings may occur only if each and every Council member has been notified either orally or by letter as provided by paragraph D1. E. The Council shall make the following appointments in accord- ance with the Indiana Code and ordinances of the City of Carmel: 1. Three persons in the municipal government to the Carmel Plan Commission to serve terms coterminous with the calendar year; 2. One Carmel citizen to the Carmel Library Board whose term shall be for four (4) years and comply with the charter of the Carmel Library Board; 3. One member to the Carmel Economic Development Commission for a term of four (4) years. Such appointment shall commence on February 1 and comply with the provisions of the Indiana Code; 4. One member to the Carmel Cable Television Committee for a term of two (2) years commencing on April 1 in even-numbered years; 5. Upon the resignation of any Council appointee, the Council shall select a replacement whose term shall extend only until the end of the original appointee's prescribed term of office; 6. In the absence of State statutes to the contrary, the Common Council reserves the right to remove and/or replace any of its appointees to boards and commissions with cause at any time. Such removal or replacement shall require at least a two-thirds (2/3) majority of the Council's membership. F. The Mayor, or in his or her absence, the President Pro Tempore of the Common Council, shall be the presiding officer of the Council pursuant to I.C. 36-4-6-8, and meetings shall be conducted pursuant to the applicable statutes (I.C. 36-4-6-10 through 17) and in accordance with the following rules which are hereby adopted as a part of this ordinance: Go RULES AND PROCEDURES FOR CO~ON COUNCIL I. Organization A. The Common Council shall consist of seven members, five elected from single-member districts of the City and two elected at-large. City councilmanic districts shall be apportioned on the basis of population equally prior to December 31, on the year preceding the next city election. Apportionment shall be based on a simple majority vote of the Common Council. B. The presiding officer of the Common Council shall be the Mayor of the city. The Mayor will: 1. Conduct meetings according to the rules of the Common Council and in absence of appropriate Council rules, will adhere to Roberts Rules of Order; however, Council rules shall supercede Roberts Rules of Order if inconsistencies occur; 2. Use personal discretion in the enforcement of such rules, especially with regard to Council discussions; 3. Not take part in debate on any motion, resolution and/or ordinance being considered by the Council without first relinquishing the chair to the President Pro Tempore for the duration of debate and/or discussion of said motion, resolution and/or ordinance; except the Mayor may respond to questions from Council members on said items without relinquishing the chair; 4. Not vote on any motion, resolution and/or ordinance being considered by the Council unless after any such vote, the Council shall be equally divided on the issue (with at least three (3) votes in the affirmative), whereupon the Mayor may choose to vote in the affirmative if he/she so chooses. ( I.C. 36-4-6-8 C. The Common Council shall elect at its first regular meeting each year from its membership a President Pro Tempore for a term of one year. The President Pro Tempore shall not be eligible to succeed himself/herself for the following year. The President Pro Tempore shall: 1. Serve as presideing officer of the Common Council in the absence of the Mayor or if the Mayor relinquishes the gavel, but after assuming the chair, will not relinquish his/her voting rights on any motion, resolution and/or ordinance being considered by the Common Council; 2. Not take part in discussion or debate on any, resolution and/or ordinance without relinquishing the chair to the Clerk-Treasurer of the City for the duration of discussion and/or debate on said motion, resolution, and/or ordinance. If the Clerk-Treasurer is not present, the President Pro Tempore may designate any Council member as presiding officer for the duration of debate on the question before the Council. D. The Mayor shall appoint at the beginning of each year the following positions: 1. Chaplain 2. Parliamentarian E. Budget Committee. The Common Council shall sit as a committee-of-the-whole in preparing the civil budget of the City and the utilities budgets of the City. The President Pro Tempore shall preside at Budget Committee meetings. Final action on said budgets shall occur at either a regular or special meeting of the Common Council. The President Pro Tempore may create sub-committees to the Budget Committee for the purpose of preparation of budget requests to the full Budget Committee. F. All other committees of the Common Council shall be created by simple majority vote by the Council. I I. Order of Bus iness. A. The Common Council shall conduct its order of business as follows: 1. Invocation 2. Pledge of Allegiance 3. Recognition of City Employees or Outstanding Citizens 4. Approval of Minutes 5. Action on Mayoral vetoes 6. Old Business 7. New Bus iness 8. Other Bus ines s 9. Announcements 10. Adjournment B. The agenda of the Common Council shall be prepared by the Clerk-Treasurer of the City. Council members, the Mayor and/or Clerk-Treasurer may add items to the agenda, but all agenda items must be received in the office of the Clerk-Treasurer by noon on the Wednesday immediately preceding the Council meet- ing. The Clerk-Treasurer shall mail or cause to be delivered the agenda and all supporting materials to each Council member within 24 hours of final receipt of agenda items. Any addi- tional items to be added to the agenda requiring action by the Council which are not included in the prepared agenda must be typed or written in memorandum form along with a brief ration- ale for inclusion on the agenda and distributed to each Council member, the Mayor and Clerk-Treasurer prior to the start of the Council meeting. When the Council has concluded its New Busi- ness, the Mayor shall ask if any other business is to come before the council, whereupon any Council member wishing to add an additional item to the agenda and who has first submitted the title and rationale for the item to Council members prior to the start of the meeting, shall move to add said item to the agenda. Following a second by one other Council member, the presiding officer shall immediately call for a vote on the question of adding such item to the agenda, without first allowing any discussion and/or debate on the content of the proposed agenda item. A two-thirds (2/3) vote of Council members must be received in order to add the item to the agenda. No other items may be added to the agenda without the Common Council suspending its rules which shall require a unanimous vote of all those present. C. At the end of the regular agenda the presiding officer shall afford the opportunity to any member of the Common Council to make announcements and/or provide verbal and/or written information to the other members of the Common Council so long as such items do not require immediate action or discussion by the Council. The Mayor and Clerk-Treasurer shall be afforded such privilege, also. III. Rules and Procedures A. A quorum shall be required for all meetings of the Council in order for the Common Council to conduct any official business. A quorum shall be defined as one over half the membership of the Common Counc i 1. B. All Council meetings shall be open to the general public and to all news media as set forth in the statutes of the Indiana Code; except those sessions of the Common Council which have been previously announced as Executive Sessions. Such executive sessions shall be closed to the general public and the news media so long as at least 48-hours prior notice has been given and the topics to be discussed are restricted to such items as provided for in the Indiana Code. C. Contempt and Disorder in the Council Room. No person shall use violent or contemptuous language, behave in a disorderly man- ner, or refuse to obey the orders of the Mayor or presiding officer in the Council room while the Common Council is in session. The Mayor or presiding officer may order the removal from the Council room of anyone who intentionally disturbs the decorum of a council meeting. D. A simple majority shall be required to pass any motion, resolu- tion, and/or ordinance or amendments thereto pending before the Common Council, unless otherwise stipulated in the Rules and Procedures of the Common Council of the City of Carmel, Indiana, or in the constitution or statutes of the State of Indiana. A simple majority shall be defined as four (4) coun- cil members, except when three members of the Council have voted in the affirmative and three members of the Council have voted in the negative, then the Mayor may vote in the affirma- tive in order to create a simple majority. E. A two-thirds (2/3) majority shall be defined as five (5) mem- bers of the Common Council voting in the affirmative. F. A three-fourths (3/4) majority shall be defined as six (6) mem- bers of the Common Council voting in the affirmative. G. All appointments made by the Common Council to boards, commis- sions, special ad hoc committees, standing committees, task forces, etc. shall be made by a simple majority vote of the Common Counc i 1. l0 H. All ordinances of the City of Carmel unless otherwise required by applicable statute shall require a simple majority vote for passage with the following exception: 1. Any ordinance which comes before the Common Council as a result of a negative recommendation from the Carmel Plan Commission, then in such instance, said ordinance must receive a majority of five (5) votes in the affirmative for passage. I. All ordinances brought before the Common Council must rest for two readings which must occur at two different meetings of the Common Council. This provision may be waived if the Common Council votes unanimously in the affirmative to suspend the rules following first reading and act upon the ordinance at the same meeting in which it is introduced. A unanimous vote shall be defined as all of members present voting in the affirmative. Abstentions shall be considered as voting in the negative in this instance. A two-thirds (2/3) majority vote of the Council is required to enact an ordinance on first reading. J. First reading of any ordinance shall be its introduction, whereupon one Council member shall move it to be introduced and one other shall second said motion. Following said motion, the presiding officer shall read the ordinance in its entirety unless the Common Council by simple majority vote moves to suspend the rules and waive the reading of the ordinance except by title. No vote shall be taken on the first reading of the ordinance except motions to amend the ordinance, or as other- wise provided by these rules. K. Amendments to ordinances may be added at either first or second reading by simple majority vote. L. Resolutions and motions by the Council may be passed by simple majority vote in the affirmative at the same meeting of their introduction. M. Every ordinance, order or resolution of the Common Council shall, immediately upon its passage enrollment, attestation and signature of the Clerk and presiding officer, be presented by the Clerk to the Mayor, and a record of the time of such presentation made by the Clerk. If the Mayor approves such ordinance, order or resolution, he/she shall enter his/her approval thereon and sign the same, and the ordinance, order or resolution shall become law. If he/she does not approve the ordinance, order or resolution, he/she must return it to the Clerk with his/her objections stated in writing within ten (10) calendar days after receiving it, and the Clerk shall present the same to the Common Council at its next meeting. If the Mayor fails to discharge his/her duty by approving or disapproving such ordinance, order or resolution within the time named, such failure shall be deemed a disapproval; and in all cases of disapproval by the Mayor, such ordinance, order or resolution shall not become a law unless, at its next regular or special meeting after the time named for the Mayor's action, the Council shall again pass the same by a two-thirds (2/3) vote of all the members-elect. It shall be the duty of the ]2 Clerk-Treasurer of the City to place on the agenda any and all ordinances, orders or resolutions, which have received the disapproval of the Mayor, at the next regular or special meet- ing o f the Counc i 1. IV. Clerk-Treasurer A. The Clerk-Treasurer of the City of Carmel shall serve as clerk to the Common Council. The Clerk-Treasurer shall be responsi- ble for: 1. Taking and keeping of minutes of all regular and special meetings of the Common Council; 2. Maintaining all the official records of the Common Council including all ordinances, resolutions and orders passed by the Common Council; 3. Providing the Budget Committee or its subcommittees of the Common Council all information it may request with regard to the finances of the City; 4. Preparing the agenda of the Common Council and causing it to be delivered to all members of the Common Council and the Mayor as well as those media who have requested such notifi- cation; 5. Preparing in ordinance or resolution form those ordinances, and/or resolutions which may from time to time be requested by members of the Common Council. B. The Clerk-Treasurer shall be empowered to delegate to employees of his/her office the aforesaid responsibilities and shall, if necesssary, include a budget request to the Common Council, remuneration for such assistance from the budget of the Common Counc i 1. ]3 C. The Clerk-Treasurer shall perform all those other responsi- bilities set forth in the Indiana Code as regards his/her relationship to the Common Council. V. The City Attorney A. Unless otherwise determined by a simple majority vote of the Common Council, the City Attorney of the City of Carmel, as appointed by the Mayor of the City of Carmel, shall serve as attorney to the Common Council and shall: 1. Provide legal assistance in preparation of resolutions, orders and ordinances that might be requested by members of the Common Council; 2. Prepare such resolutions, orders and ordinances at the request of members of the Common Council; 3. Represent the Common Council in any litigation to which the Common Council members may be a party as a consequence of their collective or individual official responsibilities; 4. Provide to individual Council members legal advice on any question regarding the official work of said Council members. B. The City Attorney shall perform all those other responsibi- lities set forth in the Indiana Code as regards his/her relationship to the Common Council. VI. This ordinance shall amend and supercede any other provisions of the Code of the City of Carmel with regard to the Rules and Procedures of the City of Carmel, Indiana. No provision of this ordinance may conflict with the Constitution and/or statutes of the United States of America or the Constitution and statutes of ]4 the State of Indiana, which shall supercede the provisions of this ordinance. IV Fiscal Branch A. The Clerk-Treasurer is the fiscal officer of the City and the head of the fiscal branch. He or she shall perform the duties assigned by I.C. 36-4-10, and such other duties as the Common Council may, by ordinance, require. B. The Clerk-Treasurer is hereby authorized, pursuant to I.C. 36-4-11-4, to hire the number of employees authorized by the city legislative body and may, at his or her discretion, appoint a deputy. Such employees shall work under the exclusive direction of the Clerk- Treasurer, and shall serve at the pleasure of the Clerk-Treasurer. V Judicial Branch A. There is hereby established a City Court of Carmel to be headed and operated by a City Judge elected and seated pursuant to I.C. 33-10.1-1-3. VI Effect of Prior Ordinances All ordinances previously adopted by the City of Carmel that do not conflict with the provisions of this ordinance and as codified by the Carmel City Code, as amended, shall remain in full force and effect. ]5 ALL OF WHICH IS ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL this ~%_ day of ~~'-~ , 1983. Attest: Date: f the Ci of Carmel ]6