TITLE III: ADMINISTRATION


                                 Chapter

 

                                                 30.     GENERAL PROVISIONS

 

                                                 31.     JUVENILE DETENTION

 

                                                 32.     COUNTY ORGANIZATIONS

 

                                                 33.     EMERGENCY MANAGEMENT

 

                                                 34.     PURCHASING PROCEDURES

 

                                                 35.     COUNTY OFFICIALS AND EMPLOYEES

 

                                                 36.     TAX AND FINANCE

















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CHAPTER 30: GENERAL PROVISIONS


Section

 

      30.01     County Commissioner districts

      30.02     County Council districts

      30.03     Executive methods of exercising powers

      30.04     Non-smoking areas

      30.05     Juror fees

      30.06     Health care co-payments by inmates



§ 30.01 COUNTY COMMISSIONER DISTRICTS.


      The county is divided into three Commissioner Districts, designated numerically as follows:


      (A)  District 1 shall consist of Brownstown Township, Driftwood Township, Grassy Fork Township and Washington Township;


      (B)  District 2 shall consist of Hamilton Township, Redding Township, Jackson Township and Vernon Township; and


      (C)  District 3 shall consist of Carr Township, Owen Township, Pershing Township and Salt Creek Township.

(1983 Code, § 1-3-1)



§ 30.02 COUNTY COUNCIL DISTRICTS.


      The county is divided into four single-member council districts, designated numerically as follows:


      (A)  District 1 shall consist of the following precincts: Brownstown 1, Brownstown 2, Brownstown 3, Brownstown 4, Brownstown Township East, Brownstown Township West, Carr, Owen, Pershing and Salt Creek;


      (B)  District 2 shall consist of the following precincts: Driftwood, Grassy Fork, Jackson 4 South, Jackson 6, Jackson 7, Vernon-Crothersville, Vernon North, Vernon South and Washington;


      (C)  District 3 shall consist of the following precincts: Hamilton, Jackson 1 East, Jackson 1 West, Jackson 2 East, Redding East, Redding-Seymour City and Redding West; and


      (D) District 4 shall consist of the following precincts: Jackson 2 West, Jackson 3 North, Jackson 3 South, Jackson 4 North, Jackson 5 East, Jackson 5 North and Jackson 5 South.

(1983 Code, § 1-3-2) (Ord. 2011-27, passed 11-15-2011)



§ 30.03 EXECUTIVE METHODS OF

EXERCISING POWERS.


      (A)  Purpose. This section provides for specific methods for the exercising certain powers granted to the Board of Commissioners by various statutes.

(1983 Code, § 1-4-1)


      (B)  Granting of franchises for cable television systems.


             (1)  The Board of Commissioners is empowered by I.C. 36-2-2-23 and otherwise under state and federal law to grant licenses and franchises for the construction, operation and maintenance of cable television systems in the county. The exercise of this power, including but not limited to authorizing the use of county property or right-of-way may be accomplished by the Board of Commissioners by way of an ordinance, resolution or contract, as determined by the Board of Commissioners.



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             (2)  All grants of licenses and franchises heretofore made by the Board of Commissioners concerning the construction, operation and maintenance of cable television systems in all or any portion of the county, whether made by ordinance, resolution or contract are hereby ratified and approved. All actions of officers and employees of the county taken in connection therewith are also ratified and approved.

(1983 Code, § 1-4-2)



§ 30.04 NON-SMOKING AREAS.


      (A)  Purpose. To bring the county into compliance with I.C. 16-41-37, the State Clean Indoor Air Law. The definitions and penalties designated in the state statute, and its subsequent amendments are incorporated herein by reference.

(1983 Code, § 1-20-1)


      (B)  Non-smoking areas. All buildings occupied by county officials, agencies and employees are hereby designated as non-smoking areas except as follows:


             (1)  Any specific portion of a public building that is occupied by county officials, agencies and/or employees may be designated as a smoking area by the Board of Commissioners only upon written request from the officeholder or head of the agency involved. Those areas may be classified and reclassified at the sole discretion of the Board of Commissioners authorizing that classification or reclassification; and


             (2)  Smoking is permitted outside of county-owned or occupied buildings.

(1983 Code, § 1-20-2)



§ 30.05 JUROR FEES.


      (A)  County Council; fiscal body.


             (1)  This section shall consist of matters of a fiscal nature that have been incorporated herein by


way of ordinances adopted by the County Council, the fiscal body of the county.


             (2)  These matters are authorized by various state statutes to be adopted by ordinance of the county fiscal body.

(1983 Code, § 1-6-1)


      (B)  Supplemental juror fees to be paid from county funds.


             (1)  Jurors of the County Circuit Court, County Superior Court and the County Grand Jury shall be paid, in addition to the fees allowed by I.C. 33-37-10-1, supplemental fees as follows:


                   (a)  Ten dollars for each day the juror is in actual attendance in court until the jury is impaneled; and


                   (b)  Seventeen dollars and fifty cents for each day the juror is in actual attendance after impaneling and until the jury is discharged.


             (2)  The statutory authority for the payment of the supplemental fees is I.C. 33-37-10-1(b).

(1983 Code, § 1-6-2)



§ 30.06 HEALTH CARE CO-PAYMENTS BY

INMATES.


      (A)  A person confined to the county jail shall be required to make a co-payment in the amount provided hereafter for each provision of any of the following services:


             (1)  Medical care: $15;


             (2)  Dental care: $15;


             (3)  Eye care: $15;


             (4)  Any other health care related service: $15; and


             (5)  Prescription handling fee: $15.




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      (B)  The requirements of this section do not apply to a person who:


             (1)  Maintains a policy of insurance from a private company covering medical care, dental care, eye care or any other health care related service; provided the inmate provides complete and accurate information to allow the health care provider to file a claim for services rendered;


             (2)  Is willing to pay for the person’s own medical care;


             (3)  Is committed to the State Department of Corrections;


             (4)  Does not have funds in the inmate’s commissary account or trust account either at the time the medical service is provided, or within 30 days after the service is provided;


             (5)  The service is provided in an emergency;


             (6)  The service is provided as a result of an injury received at the county jail; or


             (7)  The service is provided at the request of the Sheriff or jail administrator.


      (C)  If the original call for medical services is initiated by the Sheriff, follow-up care for the same illness or injury will not require a co-payment if follow-up service is rendered within 30 days of the original medical service.


      (D) Inmates at the county jail shall not be refused medical treatment because of an inability to pay. Should an inmate have a zero balance in the inmate trust or commissary account, the transaction shall be carried on the books for a 30-day period. Should the inmate receive money within the 30-day period, the co-payment will be deducted from the inmate’s account. If the inmate receives no funds, at the end of 30 days an adjustment entry shall be made to negate the medical billing transaction. Within the 30-day period, if the inmate receives monies, the outstanding co-payment shall be deducted prior to a commissary order being processed. Co-payments for medical


services shall be deducted prior to any monies being released to the inmate for bonding or any other purposes.


      (E)  Monies collected shall be deposited into the County General Fund to be used for inmates’ medical care.

(1983 Code, § 1-12-10)




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CHAPTER 31: JUVENILE DETENTION



Section


Juvenile Detention Center

 

      31.01     Adoption of recitals

      31.02     Name of facility

      31.03     Purpose

      31.04     General provisions

      31.05     Juvenile Detention Center Advisory Board


Juvenile Detention Home

 

      31.15     Purpose

      31.16     Establishment

      31.17     Effective date




JUVENILE DETENTION CENTER



§ 31.01 ADOPTION OF RECITALS.


      Each and every recital set forth in Ordinance 1999-5 is adopted into this chapter and incorporated by reference herein.

(Ord. 1999-5, passed 4-20-1999)



§ 31.02 NAME OF FACILITY.


      The name of the facility established by this chapter to house juvenile offenders in the county shall be known as the Jackson County Juvenile Detention Center.

(Ord. 1999-5, passed 4-20-1999)




§ 31.03 PURPOSE.


      (A)  The purpose of this facility is to provide an aid in the development of a more safe, effective, humane and constitutional juvenile detention system.


      (B)  This facility shall be used as a temporary holding facility for juveniles less than 18 years of age who are awaiting disposition of their court cases, return to their family or transfer to a court authorized placement.

(Ord. 1999-5, passed 4-20-1999)



§ 31.04 GENERAL PROVISIONS.


      Upon the effective date of this chapter, all administrative, operational, personnel and budgetary responsibility, supervision for the personnel functions and expenses of the County Juvenile Detention Center shall be vested with the Board of Commissioners of the county, as County Executive, subject to the following terms.


      (A)  The Juvenile Court of the county shall retain continuing authority over the facility to the extent of assuring that the juvenile detention facility continues to act within the certification requirements of the state and the American Correctional Association (“A.C.A.”) and/or other applicable governmental standards.


      (B)  The Juvenile Court Judge of the county may enter orders as will assist the County Executive’s supervision of this facility, from time to time, to enable the juvenile detention facility to remain in operational compliance with the certification


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requirements of the American Correctional Association and/or other applicable governmental standards and to otherwise meet the needs of the juvenile detention system in the county.


      (C)  The Director of the County Juvenile Detention Facility shall be hired by the County Executive and shall report, in his or her work responsibilities and functions, to the executive.


      (D) The Director of the County Juvenile Detention Center, once hired by the County Executive, shall hire other persons as are necessary to meet the professional work and administration responsibilities of the juvenile detention facility, which hiring decisions shall be approved and recorded in the minutes of the County Executive. Additionally, the Director shall be entitled, subject to final approval of the executive, to make other personnel decisions as are necessary for the effective operation of the County Juvenile Detention Center, including decisions relating to the suspension or termination of personnel, if necessary.


      (E)  The annual budget for the County Juvenile Detention Center shall, hereafter, be prepared by the Director after consultation with the judge of the Juvenile Court of the county and after consultation with the County Executive. The annual budget for the County Juvenile Detention Center shall, hereafter, be submitted to the county fiscal body by the Director of the juvenile detention facility as an independent county office subject to the reporting obligations to the County Executive and the Juvenile Court of the county, as set out herein.


      (F)  The Director of the County Juvenile Detention Center may be discharged by the County Executive consistent with the terms of any appointment made by the executive for his or her hiring upon cause shown that is reasonably found by the executive to be detrimental to the operation of the County Juvenile Detention Center.

(Ord. 1999-5, passed 4-20-1999)




§ 31.05 ADVISORY BOARD.


      (A)  The Board of Commissioners of the county hereby further establishes a nine-member “Advisory Board” for the County Juvenile Detention Center, members of which shall be the following:


             (1)  Juvenile Court Judge or his or her appointee;


             (2)  County Sheriff or his or her appointee;


             (3)  Representative of County Commissioners;


             (4)  Representative of County Council;


             (5)  Representative of Juvenile Probation Department;


             (6)  Representative of County Juvenile Home;


             (7)  Representative of County Community Corrections; and


             (8)  Two members at large to be appointed by the Judge of the County Juvenile Court.


      (B)  There shall be no discrimination on the basis of age, race, sex, creed, color or national origin. The Board shall serve without pay, but may be reimbursed for expenses incurred in the performance of their duties and responsibilities as a member of the Board.


      (C)  A County Commissioner shall not serve as president of the County Juvenile Detention Center Advisory Board.


      (D) (1)  The Advisory Board shall constitute the governing body of the County Juvenile Detention Center.


             (2)  The function of the Advisory Board shall include, but not be limited to the following:


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                   (a)  Actively participate in the formulation, organization and management of the County Juvenile Detention Center;


                   (b)  Observe and advise regarding the overall operation and business administration of the Center;


                   (c)  Determine the Center’s staffing needs;


                   (d)  Determine the types of education and counseling programs to be carried on at the facility;


                   (e)  Make an annual report to the Board of Commissioners of the county containing an evaluation of the effectiveness of the programs administered by the center;


                   (f)   Make recommendations concerning future programs;


                   (g)  Make recommendations as to the approval or disapproval of contracts with suppliers;


                   (h)  Hold regularly scheduled meetings;


                   (i)   Elect the following officers: President, Vice-President and Secretary;


                   (j)   Establish standing committees as are necessary to accomplish the work of the Board; and


             (3)  Juvenile offenders from surrounding counties will be considered for participation and detention in the County Juvenile Detention Center based upon such qualifications, conditions, rules and regulations as may be promulgated by the Advisory Board and in accordance with the requirements of the state and the A.C.A.

(Ord. 1999-5, passed 4-20-1999; Ord. 2012-3, passed 3-6-2012)


JUVENILE DETENTION HOME



§ 31.15 PURPOSE.


      The purpose of this subchapter is to provide for the establishment of the Jackson County Juvenile home, as it is incumbent upon the county, to provide a place to keep certain juveniles under the jurisdiction of the Jackson Circuit Court, both before and after final disposition of particular cases, which place possesses facilities for safekeeping and proper care of such children; and there currently exists in the county a custodial agency and institution or home, an agency of the Circuit Court but not a state institution, which home being necessary to the public interest in the conduct of the county’s internal affairs.

(1983 Code, § 1-9-1) (Ord. passed 7-16-1979)



§ 31.16 ESTABLISHMENT.


      There is hereby created and established at the City of Brownstown, State of Indiana, a home to be known as the Jackson County Juvenile Home, which home shall emphasize training, education, treatment, care and rehabilitation of juveniles.

(1983 Code, § 1-9-2) (Ord. passed 7-16-1979)



§ 31.17 EFFECTIVE DATE.


      Effective date of this subchapter is July 25, 1979.

(1983 Code, § 1-9-3) (Ord. passed 7-16-1979)



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CHAPTER 32: COUNTY ORGANIZATIONS



Section

 

      32.01     Drainage Board

      32.02     Cemetery Commission

      32.03     Department of Parks and Recreation

      32.04     Department of Community Corrections

      32.05     Emergency Telephone System Advisory Board

      32.06     County Health Department

      32.07     Department of Redevelopment; Redevelopment Commission

      32.08     Department of Visitor Promotion; Commission

      32.09     Public Defender Board

      32.10     Sheriff’s Reserve Unit



§ 32.01 DRAINAGE BOARD.


      (A)  Purpose. The purpose of this section is to change the composition of the County Drainage Board from one composed of solely the executive to a citizen’s board.

(1983 Code, § 1-5-1)


      (B)  Composition of Board. The County Drainage Board consists of a board of five members, at least one of whom must be a member of the executive, appointed by the executive.

(1983 Code, § 1-5-2)



§ 32.02 CEMETERY COMMISSION.


      (A)  Purpose. The purpose of this section is to establish a County Cemetery Commission pursuant to I.C. 23-14-67-2, which authorizes the Board of Commissioners to appoint a County Cemetery Commission.

(1983 Code, § 1-10-1)


      (B)  County Cemetery Commission; establishment and duties. There is created and established a Commission which shall be known as the County Cemetery Commission, which shall have the authority and responsibility over cemeteries that were established in the county before 1850 and:


             (1)  Are without funds or sources of funds for reasonable maintenance;


             (2)  Have suffered neglect and deterioration; and


             (3)  May be the burial grounds for state pioneer leaders as well as for veterans of every American war including the Revolutionary War.

(1983 Code, § 1-10-2)


      (C)  Membership, composition and terms of Commission.


             (1)  Members. The Commission shall be composed of five members as follows:


                   (a)  One member to reside in County Commissioner’s District #1;


                   (b)  One member to reside in County Commissioner’s District #2;


                   (c)  One member to reside in County Commissioner’s District #3; and


                   (d)  Two members to be chosen at large from the general population of the county.


             (2)  Appointing authority. The appointment of members shall be made by the executives of the county.


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             (3)  Political split. Of the composition of the Commission, no more than three members shall be of the same political party.


             (4)  Terms.


                   (a)  Upon the establishment of the Commission, the members shall initially be appointed as follows:


                        1.     One for a term of one year;


                        2.     One for a term of two years;


                        3.     One for a term of three years;


                        4.     One for a term of four years; and


                        5.     One for a term of five years.


                   (b)  The initial terms expire on the first Monday of January of the first, second, third, fourth and fifth years respectively after the year of the member’s appointment. When an initial term of office expires each new appointment is for a term of five years.


             (5)  Budget. The Commission may prepare and request a levy for the purpose of restoring and maintaining the cemeteries described in division (B) above that were established in the county before 1850.

(1983 Code, § 1-10-3)



§ 32.03 DEPARTMENT OF PARKS AND

RECREATION.


      (A)  Purpose. To establish and create a Department of Parks and Recreation pursuant to I.C. 36-10-3-1 through 36-10-3-39, and convert the heretofore established Department of Parks and Recreation, which was established by an ordinance of the County Council in 1967, from a department


governed by Chapter 311 of the Acts of 1955 of the State General Assembly to a department governed by Acts of 1981, Pub. L. No. 309, codified under I.C. 36-10-3, et al.

(1983 Code, § 1-10-10)


      (B)  Department of Parks and Recreation. There is hereby created and established a Department of Parks and Recreation of the county, which department shall have the authority and responsibilities defined by relevant state statute in I.C. 36-10-3.

(1983 Code, § 1-10-11)


      (C)  Parks and Recreation Board; membership.


             (1)  Membership. The Department of Parks and Recreation shall consist of a Parks and Recreation Board composed of five members appointed as specified herein.


             (2)  Appointing authorities and qualifications.


                   (a)  Two members shall be appointed by the Judge of the County Circuit Court. No more than one appointee under this division (C)(2) may be affiliated with the same political party.


                   (b)  One member shall be appointed by the Board of Commissioners of the county.


                   (c)  Two members shall be appointed by the County Council. No more than one appointee under this division may be affiliated with the same political party.


                   (d)  Members shall be appointed based on their interest in and knowledge of parks and recreation.


                   (e)  Neither a municipal executive nor a member of the County Council, Board of Commissioners or municipal fiscal body may serve on this Board.


             (3)  Terms. Board members shall be appointed for four-year terms. All terms expire on the




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first Monday in January, but a member continues in office until a successor is appointed.

(1983 Code, § 1-10-12)


      (D) Miscellaneous provisions. The qualifications, powers, function and manner of functioning shall be governed by I.C. 36-10-3 as the statute exists on the date of passage of this section and all amendments hereafter made to the Parks and Recreation Law.

(1983 Code, § 1-10-13)



§ 32.04 DEPARTMENT OF COMMUNITY

CORRECTIONS.


      (A)  Purpose. To establish in the county a department of county government to be known as the County Department of Community Corrections, pursuant to the authority of I.C. Title 11, Article 12.

(1983 Code, § 1-15-1)


      (B)  Establishment of the County Department of Community Corrections. There is hereby established a County Department of Community Corrections within the executive branch of the county government for the purpose of formulating and operating community corrections programs in the county. The County Commissioners and the County Community Corrections Advisory Board shall be responsible for the organization, administration and operation of the Department.

(1983 Code, § 1-15-2)


      (C)  County Community Corrections Advisory Board established.


             (1)  In accordance with I.C. 11-12-2-2, there is established a County Community Corrections Advisory Board to be composed of a maximum of 19 members as follows.


                   (a)  The County Board of Commissioners shall appoint the following members who shall be residents of the county:


                        1.     One member of the County Council or the member’s designee;



                        2.     One member who is an educational administrator;


                        3.     One member who is a probation officer;


                        4.     One member who is a mental health administrator, psychiatrist, psychologist or physician;


                        5.     One member who is a representative of a private correctional agency, if such an agency exists in the county;


                        6.     One member who is a victim;


                        7.     One member who is an ex-offender;


                        8.     One member who is an attorney with a substantial criminal defense practice or one public defender; and


                        9.     Four lay persons, at least one of whom is a member of a minority race.


                   (b)  The terms of the initial Board members appointed by the County Board of Commissioners shall expire on December 31, 1994. Subsequent appointments by the County Board of Commissioners to the Advisory Board shall be for four-year terms. No member appointed by the Board of Commissioners may serve more than two consecutive four-year terms.


                   (c)  Ex officio members of the County Community Corrections Advisory Board shall be:


                        1.     The County Sheriff or the Sheriff’s designee;


                        2.     The County Prosecuting Attorney or the Prosecuting Attorney’s designee; and


                        3.     The Mayor of the City of Seymour or the Mayor’s designee.




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                   (d)  The Judge of the Jackson Circuit Court shall appoint to the Advisory Board two judges having criminal jurisdiction, if available, or the judge’s designees, and shall appoint one judge having juvenile jurisdiction. The County Circuit Court Judge may appoint himself or herself to be one of these three potential membership positions.


                   (e)  A vacancy occurring before the expiration of the term of office of an Advisory Board member shall be filled in the same manner as original appointments for the unexpired term. Members may be reappointed.


                   (f)   Designees of officials designated in this division (C)(1) serve at the pleasure of the designating official.


             (2)  The members of the County Community Corrections Advisory Board shall, within 30 days after the last initial appointment is made, meet and elect one member as Chairperson and another member as Vice-Chairperson and appoint a Secretary-Treasurer who need not be a member. The officers of the Advisory Board shall be elected by the Advisory Board and serve for one-year terms.


             (3)  For purposes of transacting business, a majority of the membership of the Advisory Board constitutes a quorum. A vacancy in the membership does not impair the right of a quorum to transact business.


             (4)  Duties of the County Community Corrections Advisory Board:


                   (a)  The Advisory Board shall actively participate in the formulation of a community corrections plan and applications for financial aid that may be filed with the State Department of Corrections, subject to prior approval by the County Board of Commissioners.


                   (b)  The Advisory Board shall oversee the operation of the County Department of Community Corrections.


                   (c)  The Advisory Board shall make an annual report to the County Board of Commissioners containing an evaluation of the effectiveness of community corrections programs and recommendations concerning improvement, modification or discontinuance of each program.


                   (d)  The Advisory Board shall make recommendations to programs receiving financial aid from the Department.


                   (e)  The Advisory Board shall recommend to the County Board of Commissioners the approval or disapproval of contracts with units of local government or non-governmental agencies who desire to participate in the community’s corrections plan.


                   (f)   The Advisory Board shall adopt by-laws for the conduct of its own business and submit a copy of the by-laws to the County Board of Commissioners and keep the Board of Commissioners informed of any amendments to the by-laws.


                   (g)  The Advisory Board may maintain an office, and suggest the employment of a Director and/or other employees that may be required for an effective operation of the Department. Any employment of a Director and/or other employees shall be subject to final approval of the County Board of Commissioners. Any Director of the County Community Corrections Department shall not hold any other local, state or federal government office.


                   (h)  The Advisory Board shall meet at least once quarterly; the frequency, time and place to be determined by the Advisory Board.


                   (i)   The Advisory Board shall assist in the preparation of a budget for the Department. The County Council shall appropriate such funds as it may be necessary for the purposes of funding the activities of the Department.


             (5)  Notwithstanding any other provision of this chapter, no compensated position may be




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established within the County Department of Community Corrections without the prior approval of the Board of Commissioners and without the authorization of the County Council and the making of sufficient appropriations to pay compensation. This provision does not give the County Council any power of approval over the candidates for any positions, but refers only to their general statutory powers to determine the numbers of officers, deputies and employees of county departments, classify positions and adopt schedules of compensation. In addition, it is also the intent of this section that any compensated positions in the County Department of Corrections shall be county employees and shall work under provisions of the County Personnel Policy established in county code.


             (6)  The Advisory Board is a “public agency” as defined in I.C. Title 5, Article 14, relating to public meetings and access to public records.

(1983 Code, § 1-15-3)


             (7)  The Advisory Board may maintain an office and suggest the employment of a Director and/or other employees that may be required for an effective operation of the Department. Any employment of a Director and/or other employees shall be subject to final approval of the Jackson County Board of Commissioners.

(Ord. 1989-9, passed 10-20-1989; Ord. 1992-7, eff. 7-7-1992; Ord. 2009-3, passed 2-17-2009; Ord. 2009-25, passed 11-3-2009)



§ 32.05 EMERGENCY TELEPHONE SYSTEM

ADVISORY BOARD.


      (A)  County Emergency Telephone System Advisory Board.


             (1)  Establishment. There is hereby created and established a county board which shall be known as the County Emergency Telephone System Advisory Board (hereinafter referred to as the E.T.S. Advisory Board).


             (2)  Purpose and duties. The E.T.S. Advisory Board shall advise the County


Commissioners and the County Council concerning the implementation and operation of county-wide enhanced 911 emergency telephone system, which is to be adopted in the county pursuant to I.C. 36-8-16. The E.T.S. Advisory Board shall be responsible for coordinating activities between local government and the service providers or telephone companies concerning implementing and operating the enhanced emergency telephone system, and shall coordinate activities of the emergency response agencies in the county as they relate to the implementation and operation of the enhanced emergency telephone system.

(1983 Code, § 1-10-20)

 

      (B)  Membership.

 

             (1)  The E.T.S. Advisory Board shall be composed of the ten members as follows:

 

                   (a)  The President of the County Fire Chief’s Association;

 

                   (b)  The County Sheriff;

 

                   (c)  The Chief of Police, Town Marshal or chief law enforcement officer of the City of Seymour, the Town of Brownstown, the Town of Crothersville, and the Town of Medora;

 

                   (d)  The Fire Chief of the City of Seymour;

 

                   (e)  The Jackson County Building Commissioner;

 

                   (f)   The County Civil Defense Director; and

 

                   (g)  The Executive Director of the County Ambulance Service.

 

             (2)  Each Board member shall have one vote on all matters considered by the Board.

 

             (3)  The aforementioned officials may designate another individual to serve on the E.T.S. Advisory Board in their stead; however, such designation shall be in writing and approved by the


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County Board of Commissioners as a prerequisite to the appointee serving as an E.T.S. Advisory Board Member. The terms of office for E.T.S. Advisory Board members (or their designees) shall be coterminous with the term of the office which resulted in ex officio membership on this board. The County Sheriff shall be the initial interim Chairperson of the E.T.S. Advisory Board serving until the Board first meets and elects officers.

(1983 Code, § 1-10-21) (Ord. 2011-1, passed 1- -2011)


      (C)  Officers. The E.T.S. Advisory Board shall elect from its membership a Chairperson, a Vice-Chairperson and a Recording Secretary to serve for one-year terms.

(1983 Code, § 1-10-22)


      (D) Meetings. The E.T.S. Advisory Board shall meet at such times and places as may be decided by the board, upon call of the Chairperson, Vice-Chairperson or a majority of the board’s membership.

(1983 Code, § 1-10-23)


      (E)  Finances. The E.T.S. Advisory Board shall not expend any public funds or incur any indebtedness without prior authorization of the County Council.

(1983 Code, § 1-10-24)



§ 32.06 COUNTY HEALTH DEPARTMENT.


      (A)  Establishment.


             (1)  Establishment of Department. There is hereby created and established a county agency which shall be known as the County Health Department (hereinafter referred to as the “Department”).


             (2)  Establishment of Board. There is hereby created and established a county board which shall be known as the County Board of Health (hereinafter referred to as the “Board”). The Board is established pursuant to the authority of I.C. 16-20-2-2 et seq.


             (3)  Purpose. The Board shall be responsible for the operation of the Department


and for the enforcement of state and county health laws and ordinances.

(1983 Code, § 1-10-30)

 

      (B)  Board membership and qualifications.

 

             (1)  The Board shall be composed of seven members, no more than four of which may be members of the same political party. The members of the Board shall be chosen as follows:

 

                   (a)  Four persons knowledgeable in public health, at least two of whom are licensed to practice medicine under I.C. 25-22.5. The other two appointees may be:

 

                        1.     A registered nurse licensed under I.C. 25-23;

 

                        2.     A registered pharmacist licensed under I.C. 25-26;

 

                        3.     A dentist licensed under I.C. 25-14;

 

                        4.     A hospital administrator;

 

                        5.     A social worker;

 

                        6.     An attorney with expertise in health matters;

 

                        7.     A school superintendent;

 

                        8.     A veterinarian licensed under I.C. 25-38.1-3-1 et seq.;

 

                        9.     A professional engineer registered under I.C. 25-31; or

 

                       10.     An environmental scientist.

 

                   (b)  Two representatives of the general public; and

 

                   (c)  One representative of either divisions (B)(1)(a) or (b) above.

 

             (2)  The members of the Board shall all be appointed by the Board of Commissioners of the county.


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             (3)  A member of the Board must:


                   (a)  Be a citizen of the United States; and


                   (b)  Reside in the county.


             (4)  An individual who has a vested interest or stands to gain financially from any activity of the Department or a policy decision of the Board is ineligible to serve on the Board.

(1983 Code, § 1-10-31)


      (C)  Terms.


             (1)  The members of the County Board of Health in existence at the time of the adoption of this section shall be appointed to complete their terms of office, i.e. until December 31, 1991.


             (2)  Appointments of members whose terms commence on January 1, 1994, shall be as follows:


                   (a)  One member shall be appointed for a one-year term;


                   (b)  Two members shall be appointed for two-year terms;


                   (c)  Two members shall be appointed for three-year terms; and


                   (d)  Two members shall be appointed for four-year terms.


             (3)  Members continue to serve until their successors are appointed. When a vacancy occurs, the County Board of Commissioners shall appoint a qualified person to serve the remainder of the unexpired term.


             (4)  Appointments of members made after January 1, 1994 (except for appointments to fill vacancies) shall be for four-year terms.

(1983 Code, § 1-10-32)


      (D) Duties. The Board shall have the duties and powers specified in I.C. Title 16, including the power


to appoint a Health Officer for a four-year term as specified in I.C. 16-1-3.8-9.

(1983 Code, § 1-10-33)


      (E)  Compensation. Board members may receive compensation for performance of their duties as determined by the County Council.

(1983 Code, § 1-10-34)



§ 32.07 DEPARTMENT OF REDEVELOPMENT; REDEVELOPMENT COMMISSION.


      (A)  County Department of Redevelopment.


             (1)  Establishment of Department. There is hereby created and established a county agency which shall be known as the County Department of Redevelopment (hereinafter referred to as the “Department”).


             (2)  Establishment of Commission. There is hereby created and established a county board which shall be known as the County Redevelopment Commission (hereinafter referred to as the “Redevelopment Commission”).


             (3)  Jurisdictional authority. All of the territory within the corporate boundaries of the county except territory within the corporate boundaries of the City of Seymour shall constitute a taxing district for the purpose of levying and collecting special benefit taxes for redevelopment purposes as provided by state statutes.


             (4)  Purpose. The Redevelopment Commission shall be responsible for the operation of the Department and for carrying out duties specified in state statutes.

(1983 Code, § 1-10-40)


      (B)  Membership, composition and terms of Redevelopment Commission.


             (1)  The Redevelopment Commission shall be composed of five members as follows:




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                   (a)  One member to reside in County Commissioner’s District #1;


                   (b)  One member to reside in County Commissioner’s District #2;


                   (c)  One member to reside in County Commissioner’s District #3; and


                   (d)  Two members to be chosen at large from the general population of the county.


             (2)  The appointment of members shall be made by the County Commissioners.


             (3)  The term of office of each original Redevelopment Commissioner shall expire on January 1, 1994. Members appointed after January 1, 1994, shall serve for one year from the first day of January. If a vacancy occurs, a successor shall be appointed in the same manner as the original Redevelopment Commissioner, and the successor shall serve for the remainder of the vacated term. Members may be reappointed to successive terms.


             (4)  Each Redevelopment Commissioner, before beginning his or her duties, must comply with I.C. 36-7-14-7, by taking an oath of office and executing a bond.

(1983 Code, § 1-10-41)


      (C)  Miscellaneous provisions. The powers and manner of functioning of the Department shall be governed by I.C. 36-7-14 and I.C. 36-7-25 as the statutes are written and as they may be amended in the future.

(1983 Code, § 1-10-42)



§ 32.08 DEPARTMENT OF VISITOR

PROMOTION; COMMISSION.


      (A)  County Department of Visitor Promotion.


             (1)  Establishment of Department. There is hereby created and established a county department which shall be known as the County Department of


Visitor Promotion (hereinafter referred to as the “Department”).


             (2)  Establishment of Commission. There is hereby created and established a county board which shall be known as the County Visitor Promotion Commission (hereinafter referred to as the “Commission”), as permitted by I.C. 6-9-18-5.


             (3)  Purpose. The Visitor Promotion Commission shall be responsible for the operation of the Department.

(1983 Code, § 1-10-50)


      (B)  Membership; appointing authorities and terms of Visitor Promotion Commission.


             (1)  Membership. The Visitor Promotion Commission shall be composed of nine members appointed as specified herein. A simple majority of the members must be:


                   (a)  Engaged in a convention, visitor or tourism business; or


                   (b)  Involved in or promoting conventions, visitors or tourism.


             (2)  Appointing authorities and qualifications.


                   (a)  One member shall be appointed by the County Council.


                   (b)  Four members shall be appointed by the Board of Commissioners, and no more than two of these appointees may be affiliated with the same political party. If available and willing to serve, at least one of these appointees shall be engaged in the business of renting or furnishing rooms, lodging or accommodations in the county.


                   (c) 1.     Four members shall be appointed by the Mayor of the City of Seymour, and no more than two of these appointees may be affiliated with the same political party.




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                        2.     If available and willing to serve, at least one of these appointees shall be engaged in the business of renting or furnishing rooms, lodging or accommodations in the county.


                   (d)  Not more than one member may be affiliated with the same business entity.


                   (e)  All Commission members must reside in the county.


                   (f)   Each member of the Commission, before beginning his or her duties, must comply with I.C. 6-9-18-5(g) by taking an oath of office.


             (3)  Terms and vacancies.


                   (a)  After the initial appointments have been made, all subsequent terms of office of Commission members begin on January 1.


                   (b)  The initial terms of two of the appointments made by the Board of Commissioners and two of the appointments made by the Mayor of the City of Seymour shall be designated to expire on December 31, 1997. All other initial terms will expire on December 31, 1998.


                   (c)  All subsequent appointments shall be for two-year terms.


                   (d)  A member whose term expires may be reappointed to serve another term.


                   (e)  If a vacancy occurs, the appointing authority shall appoint a qualified person to serve the remainder of the term.


                   (f)   If an initial appointment is not made by February 1, or a vacancy is not filled within 30 days, the Commission shall appoint a member by majority vote.

(1983 Code, § 1-10-51)


      (C)  Officers and duties of Commission.


             (1)  The members of the Commission shall meet after January 1 each year and elect one member


as President, another member as Vice-President, and another member as Secretary.


             (2)  For purposes of transacting business, a majority of the membership of the Commission constitutes a quorum, and the concurrence of majority of the Commission is necessary to authorize any action.


             (3)  Duties of the County Visitor Promotion Commission include the following:


                   (a)  The Commission shall actively oversee the operation of the County Department of Visitor Promotion;


                   (b)  The Commission shall establish and oversee visitor promotion activities in the county;


                   (c)  The Commission shall make an annual report to the Board of Commissioners concerning an evaluation of the effectiveness of visitor promotion activities in the county and shall make recommendations concerning improvement, modification and continuance or discontinuance of such programs;


                   (d)  The Commission may maintain an office, and employ an Executive Director and other employees that may be required for an effective operation of the Department. The Commission may employ attorneys, accountants and other professionals to assist them in operating the Department;


                   (e)  The Commission shall meet at least once quarterly; the frequency, time and place to be determined by the Commissioners; and


                   (f)   The Commission shall prepare a budget for the Department. The County Council may appropriate the funds as it may deem necessary for funding the activities of the Department. It is intended that all funding for the Department will be appropriated from the County Convention, Recreation and Visitor Promotion Fund.


             (4)  Notwithstanding any other provision of this section, no compensated position may be




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established within the Department without the prior approval of the Board of Commissioners and without the authorization of the County Council and the making of sufficient appropriations to pay the compensation.


                   (a)  This provision does not give the County Council any power of approval over the candidates for any positions, but refers only to their general statutory powers to determine the number of officers, deputies and employees of county departments, classifying positions and adopting schedules of compensation.


                   (b)  In addition, it is the intent of this section that any compensated positions under the Department shall be county employees and shall work under the provisions of the county personnel policy established in the county code.


             (5)  The Commission is a “public agency” as defined in I.C. Title 5, Article 14, relating to public meetings and access to public records. However, confidential health records of employees shall not be considered public records.

(1983 Code, § 1-10-52)


      (D) Executive Director; qualifications and tenure.


             (1)  The Executive Director of the Department shall be appointed by the Commission. Qualifications for the Executive Director will be determined by the Commission.


             (2)  The appointment of the Executive Director shall be permanent unless the Commission determines the Executive Director to be incapable of fulfilling his or her responsibilities which shall include dereliction of duties, malfeasance in office, incompetence, insubordination or deliberate disregard of the directives of superior county or state authorities, or physical or mental incapacity to perform his or her duties.

(1983 Code, § 1-10-53)




§ 32.09 PUBLIC DEFENDER BOARD.


      (A)  Board established. The County Public Defender Board is hereby established for the purpose of providing legal representation to indigent defendants/respondents in criminal, juvenile, probation violation, extradition, child support, civil commitments and other proceedings where the right to counsel has been established by law.

(1983 Code, § 1-10-60)


      (B)  Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.


             BOARD. The County Public Defender Board created under division (A) above.


             INDIGENT DEFENDANT/ RESPONDENT. A person who requests legal representation and is determined by the court to be entitled to legal representation at public expense.


             LEGAL REPRESENTATION.


                   (a)  The services of an attorney provided to a defendant/respondent in a matter originating in a state court in the county involving:


                          1.   A person charged with a crime as defined in I.C. 35-41-1-6;


                          2.   An act of delinquency as defined in I.C. 31-37-1-2;


                          3.   A violation of a condition of probation established as a part of a sentence in a juvenile or criminal matter;


                          4.   Detention of a person subject to extradition to another jurisdiction;


                          5.   Proceedings to collect unpaid child support pursuant to I.C. 31-16-17-12;


                          6.   Civil commitment and contempt proceedings; or




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                          7.   Other proceedings where the right to counsel at public expense has been established by law.


                   (b)  Includes services in connection with all pre-trial, trial and appellate proceedings in which an indigent defendant/respondent has a right to counsel.

(1983 Code, § 1-10-61)


      (C)  Board membership and appointment.


             (1)  The Board shall consist of three members; one member appointed by the County Commissioners; and two members from different political parties appointed by majority vote of the judges who exercise felony or juvenile jurisdiction.


             (2)  The initial term of the member appointed by the County Commissioners shall expire on December 31, 2003. The initial term of one member appointed by the judges shall expire on December 31, 2004, and the initial term of the other member appointed by the judges shall expire on December 31, 2005.


             (3)  After the initial term of each member, appointments shall be for three-year terms. Members of the Board shall serve until their successor is appointed. An appointment to fill a vacancy shall be made by the authority appointing the member vacating the position and shall be for the remainder of the unexpired term.


             (4)  The following persons shall be ineligible to serve as members of the Board: a city, town or county attorney, a law enforcement officer, a judge or a court employee.


             (5)  Board members shall serve without pay but may receive reimbursement for expenses incurred in connection with the member’s duties if approved by the Board.


             (6)  Two members of the Board shall constitute a quorum for the purpose of conducting the


business of the Board. Decisions of the Board shall be approved by a majority of the members present.


             (7)  The Board shall meet at least quarterly or upon call of its Chairperson or any two members of the Board.


             (8)  The Board shall elect its Chairperson by a majority vote of the Board.

(1983 Code, § 1-10-62)


      (D) Powers and duties of the Board. The Board shall have the following powers and duties:


             (1)  Prepare a comprehensive plan for providing legal representation to indigent defendants’ respondents in the county in accordance with I.C. 33-40-7-5. The comprehensive plan shall, at a minimum, provide for:


                   (a)  Legal representation to an indigent defendant/respondent at the earliest possible point in time;


                   (b)  Legal representation to an indigent defendant/respondent by the same attorney or attorneys through the pendency of the matter to the greatest extent possible; and


                   (c)  Professional development, continuing legal education and malpractice coverage for public defenders.


             (2)  Establish policies and procedures for the provision of competent legal representation for indigent defendants/respondents in criminal, juvenile, probation violation, extradition, child support and criminal contempt, and other matters pursuant lo the comprehensive plan;


             (3)  Establish guidelines and procedures for the determination of indigence and for the appropriate reimbursement for legal representation provided at public expense in accordance with I.C. 33-40-6;


             (4)  Recommend an annual operating budget for the agency and monitor the expenditures of funds; and




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             (5)  Prepare and submit to the County Council and the general public an annual report on the operation of the agency.

(1983 Code, § 1-10-63)


      (E)  Authority of judges. Nothing contained in this section shall be deemed to abridge the authority of any judge of a state court of this county from appointing counsel for any person entitled thereto under the Constitution of the United States or the Constitution of the state.

(1983 Code, § 1-10-64)


      (F)  Scope. Nothing contained in this section shall be deemed to create a right of reimbursement pursuant to I.C. 33-9-14, except to the extent that any claims for reimbursement comply with I.C. 33-40-7-4 and the Standards of the State Public Defender Commission.

(1983 Code, § 1-10-65)



§ 32.10 SHERIFF’S RESERVE UNIT.


      (A)  Purpose. To establish, pursuant to I.C. 36-8-3-20, the County Reserves which shall be known as the County Sheriff’s Reserve Unit.

(1983 Code, § 1-12-1)


      (B)  General provisions.


             (1)  There is hereby established the County Police Reserves, which shall be known as the County Sheriff’s Reserve Unit.


             (2)  The maximum number of members of the unit shall not exceed 17.


             (3)  The Sheriff of the county shall, by written rules and regulations, specifically delineate the powers and authority to be exercised by the reserve officers.


             (4)  The Sheriff of the county shall, by written rules, specify a training program for prospective members of the unit and establish a specific probationary period, and no reserve officer


may be appointed until he or she has completed the training and probationary period so specified.

(1983 Code, § 1-12-2)



 


CHAPTER 33: EMERGENCY MANAGEMENT



Section


Pershing Township Fire Protection District

 

      33.01     Establishment of Fire Protection District

      33.02     Definitions

      33.03     Purposes of district

      33.04     Board of Fire Trustees; appointment and terms of office

      33.05     Officers; quorum; compensation; records

      33.06     Powers and duties of the Board of Trustees

      33.07     Other fire protection districts adopted by reference


County Ambulance Services Authority

 

      33.20     Purpose

      33.21     Definitions

      33.22     Establishment of Ambulance Services Authority

      33.23     Authority Board established

      33.24     Executive Director; qualifications and tenure

      33.25     General powers and duties of Executive Director

      33.26     Establishment of Ambulance Services Authority Fund

      33.27     Restriction on emergency ambulance service providers


Department of Emergency Management

 

      33.40     Purpose

      33.41     Definitions and general provisions

      33.42     Security Advisory Council; Director; organization and administration

      33.43     Hazard Mitigation Advisory Board

      33.44     Emergency powers; regulations and procedures


Local Disaster Emergency Declarations

 

      33.55     Local disaster emergency declarations and travel advisories




PERSHING TOWNSHIP

FIRE PROTECTION DISTRICT



§ 33.01 ESTABLISHMENT OF FIRE PROTECTION DISTRICT.


      (A)  The Board of County Commissioners hereby establishes the Pershing Township Fire Protection District, pursuant to the authority specified in I.C. 36-8-11.


      (B)  All of the area in Pershing Township of Jackson County, Indiana, shall be included in the Pershing Township Fire Protection District.


      (C)  The Pershing Township Fire Protection District shall commence operation on the date the Trustees to the Board are appointed as provided herein.

(1983 Code, § 17-1-1)



§ 33.02 DEFINITIONS.


      The definitions of terms contained in I.C. 36-8-11-2 through 36-8-11-24 and specifically those definitions as found in I.C. 36-8-11-2 shall be applicable to the activities conducted under this subchapter.

(1983 Code, § 17-1-2)


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§ 33.03 PURPOSES OF DISTRICT.


      The purposes of the district shall be for fire protection, including the capability for extinguishing all fires that might be reasonably expected because of the types of improvements, personal property and real property within the boundaries of Pershing Township, in the county, and for fire prevention and other purposes or functions related to fire protection and fire prevention as specifically provided in I.C. 36-8-11-4.

(1983 Code, § 17-1-3)



§ 33.04 BOARD OF FIRE TRUSTEES; APPOINTMENT AND TERMS OF OFFICE.


      (A)  The Pershing Township Fire Protection District shall be comprised of a Board of Trustees, composed of five members appointed by the County Commissioners of the county.


      (B)  The Trustees must be qualified by knowledge and experience in matters pertaining to fire protection and related activities in the district.


             (1)  All Trustees shall be residents of Pershing Township, Jackson County, Indiana.


             (2)  The original Board of Trustees shall be appointed for the terms as specified in I.C. 36-8-11-12. The expiration of terms and filling of vacancies on the Board shall be governed by I.C. 36-8-11-12.

(1983 Code, § 17-1-4)



§ 33.05 OFFICERS; QUORUM; COMPENSATION; RECORDS.


      (A)  The officers, quorum, compensation and records to be kept by the Board of Fire Trustees of Pershing Township Fire Protection District shall be governed and controlled by I.C. 36-8-11-14.


      (B)  All records and minutes shall be kept available for public inspection.

(1983 Code, § 17-1-5)


§ 33.06 POWERS AND DUTIES OF THE BOARD OF TRUSTEES.


      The Board of Trustees of Pershing Township Fire Protection District shall have the same powers and duties as provided in I.C. 36-8-11-15, and any amendments thereto.

(1983 Code, § 17-1-6)



§  33.07 OTHER FIRE PROTECTION DISTRICTS ADOPTED BY REFERENCE.


      The county shall, from time to time by ordinance, implement I.C. 36-8-11-4 and others related thereto to create fire districts throughout the county. These ordinances are hereby adopted by reference as part of this code of ordinances as if set forth in their entirety and are available for public inspection in county offices.

(Ord. 2010-2, passed 1-19-2010; Ord. 2010-3, passed 1-19-2010; Ord. 2010-4, passed 1-19-2010; Ord. 2010-5, passed 1-19-2010; Ord. 2010-6, passed 1-19-2010; Ord. 2010-7, passed 1-19-2010; Ord. 2010-8, passed 1-19-2010; Ord. 2011-2, passed 1-19-2011; Ord. 2011-3, passed 2-15-2011; Ord. 2011-12, passed 5-3-2011)




COUNTY AMBULANCE

SERVICES AUTHORITY



§ 33.20 PURPOSE.


      (A)  To establish an agency of county government to be known as the County Ambulance Services Authority as permitted by I.C. 16-31-5-1. The county’s citizens demand and deserve the best available emergency medical care.


      (B)  The Ambulance Authority established by this subchapter will be expected to provide efficient and top-quality ambulance services to all the citizens of the county in the most cost-effective fashion. Due to the distinctive geographic configuration of the county and its population density variations, the most effective method of providing quality ambulance services to all


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of the areas of the county is to establish an ambulance authority to oversee the operation of a county-owned and operated ambulance service.

(1983 Code, § 3-47-1)



§ 33.21 DEFINITIONS.


      For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.


      AMBULANCE. Any conveyance on land, water or air that is used or is intended to be used for the purpose of responding to emergency life-threatening situations, providing emergency transportation service, or providing transportation on a litter or cot.


      AMBULANCE SERVICES. The transportation of patients by ambulance, with or without the administration of emergency medical care to patients before or during the transportation.




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      AUTHORITY. The Jackson County Ambulance Services Authority established by this chapter.


      AUTHORITY BOARD. The Jackson County Ambulance Services Authority Board established in § 33.23 below.


      BOARD OF COMMISSIONERS. The Board of Commissioners of Jackson County, Indiana.


      EMERGENCY AMBULANCE SERVICES. The transportation of emergency patients by ambulance and the administration of emergency medical care to emergency patients before or during the transportation.


      EMERGENCY MEDICAL CARE. The following:


             (1)  Assessment of emergency patients; 


             (2)  Administration of oxygen;


             (3)  Utilization of mechanical breathing devices;


             (4)  Performance of cardiopulmonary resuscitation;


             (5)  Application of dressings and bandage materials;


             (6)  Application of splinting and immobilization services;


             (7)  Utilization of lifting and moving devices to ensure safe transport;


             (8)  Utilization of invasive medical care techniques;


             (9)  Utilization of advanced life support;


            (10) Utilization of an automatic or semi-automatic defibrillator if the defibrillator is used in accordance with training procedures established by the State Department of Homeland Security; and



            (11) Other procedures authorized by the State Department of Homeland Security.


      EMERGENCY MEDICAL SERVICE FACILITY. Those facilities that are licensed and operated under I.C. 16-21-2 and according to I.C. 16-18-2-111 are equipped, prepared, and staffed to provide medical care for emergency patients.


      EMERGENCY MEDICAL SERVICES. The provision of emergency ambulance services or other services, including extrication and rescue services, utilized in serving an individual’s need for immediate medical care in order to prevent loss of life or aggravation of physiological or psychological illness or injury.


      EMERGENCY MEDICAL TECHNICIAN. An individual who is certified by the Indiana EMS Commission to provide emergency medical care at the scene of an accident, illness or during transport.


      EMERGENCY PATIENT. An individual who is acutely ill, injured or otherwise incapacitated or helpless and who requires emergency medical services. The term includes an individual who:


             (1)  Requires transportation on a litter or cot; or


             (2)  Is transported in a vehicle certified by the State EMS Commission as an ambulance.


      INDIANA EMS COMMISSION. The Indiana Emergency Medical Services Commission created by I.C. 16-31-2-1.


      PATIENT.


             (1)  An individual who is acutely ill, injured or otherwise incapacitated or helpless and who requires emergency medical services, or a resident at a convalescent or long-term care facility.


             (2)  The term includes an individual who:


                   (a)  Requires transportation on a litter or cot; or




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                   (b)  Is transported in a vehicle certified by the State Department of Homeland Security as an ambulance.


      PERSON. Any natural person or persons, firm, partnership, corporation, company, association, or joint stock association, and the PERSON’S legal successors, including any governmental agency or instrumentality other than an agency or instrumentality of the United States.

(1983 Code, § 3-47-2) (Ord. 2009-9, passed 5-19-2009)



§ 33.22 ESTABLISHMENT OF AMBULANCE SERVICES AUTHORITY.


      (A)  There is hereby established a County Ambulance Services Authority within the executive branch of the county government for the purpose of establishing, operating, maintaining and regulating emergency ambulance services in the county.


      (B)  The County Commissioners and County Ambulance Services Authority Board shall be responsible for the organization, administration and operation of the Authority.

(1983 Code, § 3-47-3)



§ 33.23 AUTHORITY BOARD ESTABLISHED.


      (A)  There is hereby established a County Ambulance Services Authority Board which shall consist of nine members, appointed as follows.


             (1)  The Board of Commissioners shall appoint four members to the Authority Board who shall be residents of the county. At least one of the appointees shall be a physician with an unlimited license to practice medicine in the state. At least one of the appointees shall be affiliated with the County Schneck Memorial Hospital. The other two appointees may be lay persons. No more than two of these four appointees may be members of the same political party. The terms of the initial Authority Board members appointed by the Board of Commissioners shall expire alternately on December 31, 1991, December 31, 1992, December 31, 1993, and


December 31, 1994. Subsequent appointments by the Board of Commissioners to the Authority Board shall be for four-year terms.


             (2)  The County Council shall appoint one member to the Authority Board. This appointee shall be a resident of the county. The term of the initial Authority Board member appointed by the County Council shall expire on December 31, 1994. Subsequent appointments by the County Council shall be for four-year terms.


             (3)  (a)  Ex officio members, or their designees, of the Authority Board shall be as follows:


                          1.   The County Sheriff;


                          2.   The Police Chief of the City of Seymour;


                          3.   The current President of the County Fire Chiefs’ Association; and


                          4.   The current President of the Board of Commissioners.


                   (b)  These members shall serve on the Authority Board only while holding the office or position specified.


             (4)  A vacancy occurring before the expiration of the term of office of an Authority Board member shall be filled in the same manner as original appointments for the unexpired terms. Except as limited herein, members may be reappointed.


      (B)  The members of the Authority Board shall as soon as possible after the last initial appointment is made, meet and elect one member as Chairperson and another member as Vice-Chairperson and shall appoint a Secretary Treasurer who need not be a member of the Board. The officers of the Authority Board shall be elected by the Authority Board and serve for one-year terms.


      (C)  For purposes of transacting business, a majority of the membership of the Authority Board constitutes a quorum. A vacancy in the membership




Emergency Management27



does not impair the right of the quorum to transact business.


      (D) Duties of the County Ambulance Services Authority Board include the following:


             (1)  The Authority Board shall actively oversee the operation of the County Ambulance Services Authority;


             (2)  The Authority Board shall establish, operate, maintain and regulate emergency ambulance services in the county (subject to adequate funding);


             (3)  The Authority Board shall make an annual report to the Board of Commissioners concerning an evaluation of the effectiveness of the provision of ambulance services in the county and shall make recommendations concerning improvement, modification and continuance or discontinuance of the program;


             (4)  The Authority Board may adopt by-laws for the conduct of its own business and submit a copy of the by-laws to the County Board of Commissioners and keep the Board of Commissioners informed of any amendments to the by-laws;


             (5)  The Authority Board may maintain an office, and employ an Executive Director and other employees that may be required for an effective operation of the Authority. The Authority Board may employ attorneys, accountants and other professionals to assist them in operating the Authority;


             (6)  The Authority Board shall meet at least once quarterly; the frequency, time and place to be determined by the Authority Board; and


             (7)  The Authority Board shall prepare a budget for the Authority. The County Council may appropriate the funds as it may deem necessary for funding the activities of the Authority.


      (E)  Notwithstanding any other provision of this chapter, no compensated position may be established within the County Ambulance Services Authority without the prior approval of the Board of


Commissioners and without the authorization of the County Council and the making of sufficient appropriations to pay the compensation.


             (1)  This provision does not give the County Council any power of approval over the candidates for any positions, but refers only to their general statutory powers to determine the number of officers, deputies and employees of county departments, classifying positions and adopting schedules of compensation.


             (2)  In addition, it is the intent of this section that any compensated positions under the County Ambulance Services Authority shall be county employees and shall work under the provisions of the county personnel policy established in the county code.


      (F)  The Authority Board is a “public agency,” as defined in I.C. Title 5, Article 14 relating to public meetings and access to public records. However, medical records of patients shall not be considered public records.

(1983 Code, § 3-47-4) (Ord. 2009-9, passed 5-19-2009)



§ 33.24 EXECUTIVE DIRECTOR; QUALIFICATIONS AND TENURE.


      (A)  The Executive Director of the Authority shall be appointed by the Authority Board. Qualifications for the Executive Director will be determined by the Authority Board. The Executive Director may hold no other local, state or federal office.


      (B)  The appointment of the Executive Director shall be permanent unless the Authority Board determines the Executive Director to be incapable of fulfilling his or her responsibilities which shall include dereliction of duties, malfeasance in office, incompetence, insubordination or deliberate disregard of the directives of superior county or state authorities, or physical or mental incapacity to perform his or her duties.

(1983 Code, § 3-47-5)




28                                                 Jackson County - Administration



§ 33.25 GENERAL POWERS AND DUTIES OF EXECUTIVE DIRECTOR.


      The Executive Director, subject to the direction and control of the Authority Board shall be the executive head of the Authority and shall have responsibility for the day-to-day administration and operation of the Authority, including the following specific powers and duties:


      (A)  The Executive Director shall be responsible for public relations, information and education concerning ambulance services in the county;


      (B)  The Executive Director shall coordinate within the county all activities concerning providing ambulance services and shall maintain liaison and coordinate with all other affected agencies, public and private;


      (C)  The Executive Director shall coordinate the recruitment and training of all personnel of the Authority and shall oversee disciplinary matters of employees of the Authority;


      (D) The Executive Director may seek, negotiate and enter into (with the approval or ratification of the Board of Commissioners) mutual aid agreements with other public and private agencies concerned with providing ambulance services to residents of the county, and ambulances from the county providing services outside the county;


      (E)  On behalf of the county, the Executive Director may seek and accept from any person, firm or corporation, any gratuitous offers to provide services, equipment, supplies, materials, funds or privileges to use real estate or other premises, for ambulance service purposes;


      (F)  The Executive Director shall issue proper identification and papers to Authority personnel and other people directly concerned with providing ambulance services in the county;


      (G)  The Executive Director shall comply with all state laws and regulations concerning ambulance service providers; and



      (H) The Executive Director, with prior approval of the Authority Board, shall establish fees to be charged for emergency ambulance services provided by the Authority.


             (1)  The Executive Director may establish the necessary accounting and billing procedures to be used for billing and collecting for ambulance services.


             (2)  All money received by the Authority shall be remitted to the County Auditor not later than ten days after the end of the month in which the money is received.

(1983 Code, § 3-47-6)



§ 33.26 ESTABLISHMENT OF AMBULANCE SERVICES AUTHORITY FUND.


      (A)  There is hereby established a non-reverting fund known as the “County Ambulance Services Authority Fund,” to be maintained by the County Auditor.


      (B)  All funds received by the Authority shall be remitted to the County Auditor and shall be deposited in the Fund.


      (C)  This Fund shall be invested as other public monies are invested. The Fund and all earnings thereon shall be used solely for purposes of providing ambulance services and paying expenses incurred by the Authority.


      (D) Any money remaining in this Fund at the end of the year shall not revert to any other fund.


      (E)  The County Auditor shall handle disbursements from this Fund in the same fashion as other county funds are handled.

(1983 Code, § 3-47-7)



§ 33.27 RESTRICTION ON EMERGENCY AMBULANCE SERVICE PROVIDERS.


      (A)  After December 31, 1990, a person may not furnish, operate, conduct, maintain, advertise or otherwise be engaged in providing ambulance services




Emergency Management29



in the county, either paid or voluntary, unless such person is authorized to do so by the Authority Board or unless:


             (1)  The person is authorized to provide ambulance services in any part of another county; and


             (2)  The person has been requested to provide ambulance services:


                   (a)  To the county in which the person is authorized to provide ambulance services, and those services will originate in a county other than Jackson County;


                   (b)  From the county in which the person is authorized to provide ambulance services, and those services will terminate in a county other than Jackson County; or


                   (c)  To the county based upon a mutual aid agreement.


      (B)  A person may not furnish, operate, conduct, maintain, advertise or otherwise be engaged in providing ambulance services on contract in the county, either paid or voluntary, unless such person is authorized to do so by the Authority Board.


      (C)  The Authority Board may penalize a provider or person who violates this section up to $500 per occurrence for each violation that shall be established.


             (1)  A civil penalty may be imposed only after a hearing on the imposition of the penalty has been held by the Executive Director, or his or her designee.


             (2)  Notice of this hearing must be mailed to the provider or alleged violator at least ten days before the date set for the hearing.


             (3)  A provider or person who is penalized under this chapter is entitled to:


                   (a)  Be represented by an attorney;


                   (b)  Present evidence on that person’s behalf; and


                   (c)  Cross-examine witnesses.


      (D) The Authority Board may seek injunctions through the court system against persons who violate this section.

(1983 Code, § 3-47-8) (Ord. 2009-9, passed 5-19-2009; Ord. 2012-1, passed 2-7-2012)




DEPARTMENT OF

EMERGENCY MANAGEMENT



§ 33.40 PURPOSE.


      The purpose of this subchapter is to establish in the County a Department of Emergency Management/Homeland Security and to provide for the exercise of necessary powers during disaster emergencies.

(1983 Code, § 1-13-1)



§ 33.41 DEFINITIONS AND GENERAL PROVISIONS.


      (A)  Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.


             ADVISORY COUNCIL. The Jackson County Emergency Management/Homeland Security Advisory Council as established under this subchapter, pursuant to I.C. 10-14-3-17.


             BOARD. The Board of Commissioners, as elected pursuant to I.C. 36-2-2.


             CHAIRPERSON. The Chairperson of the Jackson County Emergency Management/Homeland Security Advisory Council as established under this chapter, pursuant to I.C. 10-14-3-17.


             COUNTY. Jackson County.


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             DEPARTMENT. The Department of Emergency Management/Homeland Security as established under this subchapter, pursuant to I.C. 10-14-3-17.


             DIRECTOR. The County Director of Emergency Management/Homeland Security as established and appointed pursuant to this subchapter in accordance with I.C. 10-14-3-17.


             DISASTER. Occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or human-made cause, including but not limited to fire, flood, earthquake, wind, storm wave action, oil spill, other water contamination requiring emergency action to avert danger or damage, air contamination, drought, explosion, riot or hostile military or paramilitary action.


             EMERGENCY MANAGEMENT/ HOMELAND SECURITY. The preparation for and the coordination of all emergency functions, other than functions for which military forces or other federal agencies are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters. These functions include, without limitation, firefighting services, police services, medical and health services, rescue, engineering, warning services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to preparation for and coordination of the foregoing functions.


             EMERGENCY MANAGEMENT/ HOMELAND SECURITY VOLUNTEER. Any person who serves without compensation in the Department of Emergency Management/Homeland Security, being first duly rostered, identified and appointed by the Director, including persons and private agencies or governmental units offering


services to the county during emergency situations or mutual aid to other emergency services whom request assistance.


             IDHS. The Indiana Department of Homeland Security established under I.C. 10-19-2-1.


             PARTICIPATING EMERGENCY SER-VICE.


                   (a)  Any county department or agency designated in the emergency operations plan to participate in Emergency Management/Homeland Security activities; and


                   (b)  Any department or agency of the state, another county, a municipal corporation or a volunteer organization designated to participate in the county’s Emergency Management/Homeland Security programs and activities pursuant to a cooperative or mutual aid agreement entered into pursuant to I.C. 10-14-3-16 or I.C. 36-1-7.


             PERSONNEL. County officers, employees, and Emergency Management/Homeland Security volunteers, unless otherwise indicated.


             PLAN or EMERGENCY PLAN. The current County Disaster Emergency Plan described in I.C. 10-14-3-17.


             PRINCIPAL EXECUTIVE OFFICER. Of the county as referred to in I.C. 10-14-3-29 for purposes of declaring a local disaster emergency, and as referred to hereinafter, the Board of Commissioners established under I.C. 36-2-2. If a quorum of the Board of Commissioners (two of the three Commissioners) is unavailable or is incapac-itated, then the following establishes the line of succession for Principal Executive Officer:


                   (a)  Regularly designated President of the Board of Commissioners;


                   (b)  If a quorum of the Board of Commissioners (two of the three Commissioners as




Emergency Management31



established under I.C. 36-2-4-3) is unavailable or is incapacitated, then the regularly designated President of the Board of Commissioners shall serve as the Principal Executive Officer for the purposes of this subchapter until such time that a quorum of the Board of Commissioners is no longer unavailable or incapacitated;


                   (c)  President Pro-Tem of the Board of Commissioners. If both a quorum of the Board of Commissioners and the regularly designated President of the Board of Commissioners are unavailable or are incapacitated, then the President Pro-Tem of the Board of Commissioners shall serve as the Principal Executive Officer for the purposes of this Chapter until such time that either the regularly designated President or a quorum of the Board of Commissioners is no longer unavailable or incapacitated;


                   (d)  If a quorum of the Board of Commissioners, the regularly designated President of the Board of Board of Commissioners, and the President Pro-Tem of the Board of Commissioners are all unavailable or are incapacitated, then the remaining Commissioner of the Board of Commissioners shall serve as the Principal Executive Officer for the purposes of this chapter until a time that the President Pro-Tem, the regularly designated President or a quorum of the Board of Commissioners is no longer unavailable or incapacitated;


                   (e)  County Auditor, if all of the Board of Commissioners are unavailable or incapacitated, then the County Auditor shall serve as the Principal Executive Officer for the purposes of this subchapter until such time that a County Commissioner is no longer unavailable or incapacitated;


                   (f)   County Clerk. If all of the Board of Commissioners and the County Auditor are unavailable or incapacitated, then the County Clerk shall serve as the Principal Executive Officer for the purposes of this chapter until such time that the County Clerk or a County Commissioner is no longer unavailable or incapacitated;


                   (g)  County Recorder. If all of the Board of Commissioners, the County Auditor, and the


County Clerk are unavailable or incapacitated, then the County Recorder shall serve as the Principal Executive Officer for the purposes of this subchapter until such time that the County Auditor, the County Clerk or a County Commissioner is no longer unavailable or incapacitated; and


                   (h)  Director of Emergency Manage-ment/Homeland Security. If all of the Board of Commissioners, the County Auditor, the County Clerk and the County Recorder are unavailable or incapacitated, then the Director of Emergency Management/Homeland Security shall serve as the Principal Executive Officer for the purposes of this subchapter until such time that the County Recorder, the County Auditor, the County Clerk or a County Commissioner is no longer unavailable or incapacitated.


      (B)  General scope and intent: liberal construction of powers. The general intent of this subchapter is to provide for all necessary and indispensable powers and procedures reasonably needed to mitigate, prepare for, respond to and recover from emergency conditions. To this end, all powers, both ministerial and discretionary, as conferred herein shall be liberally construed to supplement and augment, not to limit, any other powers or reasonable exercise of discretion which may ordinarily pertain to county officers, employees, department and agencies.


      (C)  Limitations; non-supersession of emergency powers of County Sheriff. Nothing in this subchapter is intended to supersede or delimit any statutory powers of the County Sheriff.


      (D) Limitations; non-supersession of emergency management/homeland security powers of political subdivisions; conformance of political subdivision emergency management/homeland security rules and regulations with county’s emergency management/ homeland security program and emergency plan. Nothing in this subchapter is intended to supersede or delimit the powers granted under I.C. 10-14-3-17 to any political subdivision to adopt and implement emergency plans and promulgate and enforced Emergency Management/Homeland Security rules and




32                                                 Jackson County - Administration



regulations in the advent of an actual emergency affecting such political subdivision. However, pursuant to I.C. 10-14-3-22, the regulations and procedures as promulgated by the political subdivision may not be inconsistent with the County Emergency Management/Homeland Security Program and Emergency Plan established in accordance with this subchapter.

(1983 Code, § 1-13-2)



§ 33.42 SECURITY ADVISORY COUNCIL; DIRECTOR; ORGANIZATION AND ADMINISTRATION.


      (A)  County Emergency Management/Homeland Security Advisory Council; establishment. In accordance with I.C. 10-14-3-7, there is established the County Emergency Management/Homeland Security Advisory Council which shall consist of the following individuals or their designees:


             (1)  The President of the County Executive;


             (2)  The President of the county fiscal body;


             (3)  The Mayor of each city located in the county;


             (4)  An individual representing the legislative bodies of all towns located within the county;


             (5)  Representatives of such private and public agencies or organizing group considers appropriate, or as may be added later by the County Emergency Management/Homeland Security Advisory Council; and


             (6)  One commander of a local Civil Air Patrol unit in the county or the commander’s designee.


      (B)  County Emergency Management/Homeland Security Advisory Council: officers. The Advisory Council shall have a Chairperson, a Vice-Chairperson and a Recording Secretary. The Advisory Council shall elect these officers for one-year terms.


      (C)  County Emergency Management/Homeland Security Advisory Council: power and duties.

 

             (1)  The Advisory Council shall exercise general supervision and control over the Emergency Management/Homeland Security program of the county.

 

             (2)  The Advisory Council may recommend to the County Executive a County Emergency Management/Homeland Security Director. The County Emergency Management/Homeland Security Director shall be an “at-will” employee of the county. This appointment shall be at the discretion of the County Executive.

 

             (3)  The Advisory Council may recommend termination to the County Executive of the County Emergency Management/Homeland Security Director, if the Advisory Council determines that the Director:

 

                   (a)  Is incapable of fulfilling his or her duties;

 

                   (b)  Has failed to perform his or her duties; or

 

                   (c)  Holds another local, state and federal office.

 

             (4)  The Advisory Council shall consult with the Executive Director of IDHS to obtain his or her opinion regarding the abilities and competence of the County Emergency Management/Homeland Security Director prior to the appointment or termination of the Director. The IDHS Executive Director’s opinion hereunder shall be advisory only.

 

             (5)  The Advisory Council stall meet at least once every six months; the frequency, time and location being determined by the Advisory Council.

 

             (6)  The Advisory Council is a governing body of a public agency, as defined under I.C. 5-14-1.5-2, and as such is subject to all of the requirements of the State Open Door Law (I.C. 5-14-1.5 et seq.). In addition, any records generated, received, retained, maintained, used or filed by the Advisory Council are public records subject to the


2014 S-2


Emergency Management33



State Access to Public Records Act (I.C. 5-14-3-1 et seq.). Also, these public records are subject to the retention schedule adopted by the County Commission of Public Records in accordance with I.C. 5-15-6-1 et seq.

 

      (D) Director Of Emergency Management/ Homeland Security: general powers and duties. The Director, subject to the direction and control of the Advisory Council, shall be executive head of the Department and shall have responsibility for the organization, administration and operation of the Emergency Management/Homeland Security organization, including the following specific powers and duties:

 

             (1)  Keep the Advisory Council fully informed on Emergency Management/Homeland Security activities;

 

             (2)  Keep the Board of Commissioners fully informed on Emergency Management/Homeland Security activities;

 

             (3)  Submit to the Advisory Council and the Board of Commissioners a yearly report on the county’s comprehensive Emergency Management/ Homeland Security, including mitigation, preparedness, response and recovery taken in the previous year and planned and recommended for the year to come;

 

             (4)  Assure that all of the duties and responsibilities of the Emergency Management/ Homeland Security Agency are completed;

 

             (5)  Assure that all county employees and rostered volunteers with responsibilities as part of the County Disaster Emergency Plan receive training in the functions that they are to perform under the Plan;

 

             (6)  Design and conduct exercises of the County Disaster Emergency Plan, as required by IDHS;

 

             (7)  Assure that the County Disaster Emergency Plan addresses all hazards and includes all cities, towns and other population centers within the county;


             (8)  Submit to IDHS the assessment specified in IDHS’s required time frame for submission;


             (9)  Provide to the IDHS annual reports and documentation as mandated;


           (10)  Competently manage the department’s various functions, including among others financial, personnel and logistic;


           (11)  Timely respond to the Chairperson of the Advisory Council;


           (12)  Timely obey the directives of superior state authorities;


           (13)  Assure that the activities of the Department at all times comport with I.C. 10-14-3 and other applicable statutes, rules and county ordinances;


           (14)  Develop an emergency operating center (“EOC”) as a site from which key officials can direct and control operations during a disaster or emergency;


           (15)  Attend, and attain passing grades in, the Emergency Management/Homeland Security Professional Development Series for Emergency Management/Homeland Security presented by the Public Safety Training Institute within four years of first assuming the position of Director;


           (16)  Attend, and attain passing grades in, such Emergency Management/Homeland Security training as may be required by IDHS in subsequent years;


           (17)  Assure the Deputy Director’s attendance at, and passing grades in, the Emergency Management/Homeland Security Professional Development Series for Emergency Management/ Homeland Security presented by the Public Safety Training Institute within four years of assuming the position of Deputy Director;


           (18)  Assure the Deputy Director’s and all paid Emergency Management/Homeland Security staff’s attendance at, and passing grade in, such


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34                                                 Jackson County - Administration



Emergency Management/Homeland Security training as may be required by IDHS in subsequent years;


            (19) Assure ongoing attendance by the Director, the Deputy Director and all paid Emergency Management/Homeland Security staff at further Emergency Management/Homeland Security courses presented by the Public Safety Training Institute to assure continued knowledge of the latest information on Emergency Management/Homeland Security;


            (20) Assume responsibility for public relations, information and education regarding all phases of Emergency Management/Homeland Security;


            (21) Assure coordination within the County of all activities for Emergency Management/ Homeland Security;


            (22) Maintain liaison and coordinate with all other affected agencies, public and private;


            (23) Coordinate the recruitment and training for volunteer personnel and agencies to augment the personnel and facilities of the county for Emergency Management/Homeland Security purposes;


            (24) Seek, negotiate and enter into (with the approval or ratification of the Board of Commissioners and consistent with the State Emergency Operations Plan and program) mutual aid arrangements with other public and private agencies for Emergency Management/Homeland Security purposes, and taking all steps in accordance with such arrangements to comply with or take advantage thereof in the event of an actual emergency affecting the parties;


            (25) Accept any offer of the federal government to provide for the use of the county any services, equipment, supplies, materials or funds for Emergency Management/Homeland Security purposes by way of gift, grant or loan, when the Governor has approved the offer;


            (26) Seek and accept from any person, firm or corporation, any gratuitous offers to provide


services, equipment, supplies, materials, funds or licenses or privileges to use real estate or other premises, to the county for Emergency Management/ Homeland Security purposes;


            (27) Issue proper insignia and papers to Emergency Management/Homeland Security workers and other people directly concerned with Emergency Management/Homeland Security;


            (28) Assure that all volunteers meet the criteria set forth below in division (E)(2)(c) of this section prior to accepting them as members of the Department;


            (29) Make rapid and accurate assessment of the following as soon as an emergency or disaster declaration has been made:


                   (a)  Property damage;


                   (b)  Personal injuries;


                   (c)  Fatalities;


                   (d)  Basic needs; and


                   (e)  Special needs.


           (30)  In addition to the powers and duties expressly provided above, the Director shall be construed to have all powers and duties of a local Emergency Management/Homeland Security director as provided under I.C. 10-14-3. In particular, but not by limitation, the Director, through the Department, may perform or cause to be performed with respect to the county, any function parallel or analogous to those performed on a statewide basis by IDHS under I.C. 10-14-3.


      (E)  Department of Emergency Management/ Homeland Security; establishment; staffing; oath; and prohibition of political activity.


             (1)  There is hereby established a Department of Emergency Management/Homeland Security within the executive branch of the county government for the purpose of utilizing to the fullest




Emergency Management35



extent possible the personnel and facilities of existing county departments all agencies to prepare for and meet any disaster as defined in this chapter. The Director of Emergency Management/Homeland Security shall be responsible for its organization, administration and operation.


             (2)  The Department shall consist of the following:


                   (a)  An executive head of the Department of Emergency Management/Homeland Security, who shall be known as the Director of Emergency Management/Homeland Security, appointed in accordance with division (C) above;


                   (b)  A Deputy Director appointed by the Director with the approval of the Advisory Council. The Deputy Director shall fulfill the duties of the Director in the absence or incapacity of the Director to serves; and assists the Director in the performance of Director’s duties;


                   (c)  Emergency Management/ Homeland Security volunteers, as deemed necessary and appointed by the Director. In addition to the other requirements in this section, the Director shall ensure that all volunteer personnel meet the following qualifications before being placed on the roster as a member of the Department:


                        1.     Be at least 18 years of age or older;


                        2.     Not be convicted of a felony; and


                        3.     Have completed and have on file with the Department an application form.


                   (d)  The employees, equipment and facilities of all county departments and agencies suitable for, or adaptable to Emergency Management/ Homeland Security and designated by the Plan to participate in Emergency Management/Homeland Security activity;



                   (e)  Staff officers with responsibility for Communications and Warning, Health and Medical Care, Law Enforcement, Fire, Search and Rescue, Public Works and Public Information in accordance with the County Disaster Emergency Plan; and


                   (f)   The assistants, clerical help and other employees as deemed necessary and appointed by the Director in accordance with the CEMP.


             (3)  Pursuant to I.C. 10-14-3-27, no person shall be employed or associated in any capacity in any Emergency Management/Homeland Security organization established under this subchapter who:


                   (a)  Advocates a change by force or violence in the constitutional form of the government of the United States or the overthrow of any government in the United States by force or violence; or


                   (b)  Has been convicted of or is under indictment or information charging any subversive act against the United States.


             (4)  Pursuant to I.C. 10-14-3-27 each individual who is appointed to serve in an organization for Emergency Management/Homeland Security shall, before entering upon the individual’s duties, take an oath, in writing, before a person authorized to administer oaths in this state.


                   (a)  The oath shall be substantially as follows:

 

“I________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Indiana against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that will well and faithfully discharge the duties upon which I am abut to enter. I further swear (affirm) that I do not advocate, nor am I a member of any




36                                                 Jackson County - Administration



political party or organization that advocates, the overthrow of the government of the United States or of this state by force or violence; and that during such time as I am a member of the County Department of Emergency Management/Homeland Security I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of Indiana by force or violence.”


                   (b)  For the purpose of this section, the Executive Director of IDHS and the Director shall be authorized to administer the oath provided in division (E)(4)(a) to Emergency Management/Homeland Security and disaster personnel; and may delegate the authority to designated deputies and assistants as may be approved by the Executive Director of IDHS.


             (5)  Pursuant to I.C. 10-14-3-26, the Department and its employees are prohibited from participating in political activity as follows:


                   (a)  The Department shall not participate in any form of political activity nor shall it be employed for political purposes;


                   (b)  Political considerations shall not be a consideration for appointment to the Department or a cause for dismissal except as provided in divisions (E)(3) and (E)(4) above; and


                   (c)  Full-time employees of the department shall not participate in political activities.


             (6)  It is the intent of this division (6) that Emergency Management/Homeland Security and disaster assignments under the Plan shall be as consistent with normal duty assignments as possible.


             (7)  The County Council shall not have any power of approval over particular candidates for any position, but the County Council shall have general statutory powers to determine the numbers of officers, deputies and employees of county departments, classify positions, and adopt schedules of compensation pursuant to I.C. 36-2-5-3(a).


Notwithstanding any other provision of this subchapter, with the exception of the Director, a compensated position may not be established within the Department of Emergency Management/Homeland Security nor shall any person be appointed to that position without authorization and sufficient funding from the County Council.


      (F)  Department Of Emergency Management/ Homeland Security: duties. The Department, subject to the direction and control of the Director, shall prepare and implement the County Disaster Emergency Plan, including the following specific duties:


             (1)  Prepare and distribute to all appropriate officials in written form a clear and complete statement of the emergency responsibilities of all-local agencies and officials and of the disaster chain of command in accordance with I.C. 10-14-3-17;


             (2)  Work closely with officers and employees of incorporated and unincorporated areas of the county to develop a hazard mitigation program to eliminate or reduce potential hazards;


             (3)  Write and implement the County Disaster Emergency Plan, which shall conform to the guidelines contained in the most current state and federal guidance documents and the requirements established under division (H) below. As part of the preparation of this Plan, the Department shall:


                   (a)  Identify and analyze the effects of hazards that threaten the county;


                   (b)  Inventory manpower and material resources from governmental and private sector sources that would be available in a disaster or emergency;


                   (c)  Establish a system to alert key officials in event of a disaster or emergency;


                   (d)  Identify resource deficiencies and work with appropriate officials on measures to correct them;




Emergency Management37



                   (e)  Develop and maintain an emergency communications system, thus assuring proper functioning of emergency communications throughout the county, including all cities and towns;


                   (f)   Take all actions necessary to ensure the continuity of government procedures and systems in the event of a disaster;


                   (g)  Establish and maintain a shelter and reception and care system for both people and animals;


                   (h)  Develop a training program for emergency response personnel ensuring that mitigation, training and exercising have been performed for all the personnel; and


                   (i)   Coordinate with industry to develop and maintain industrial emergency plans and capabilities in support of the County Disaster Emergency Plan.


             (4)  Update the County Disaster Emergency Plan, as needed to keep it current, as required by I.C. 10-14-3-17; and


             (5)  Develop a program to test and exercise the CEMP.


      (G)  Department of Emergency Management/ Homeland Security; budget and finance.


             (1)  The Advisory Council shall advise the Director in the preparation of the budget.


             (2)  The County Council shall appropriate such funds, as it may deem necessary for the purpose of Emergency Management/Homeland Security.


             (3)  All funds appropriated or otherwise available to the Department of Emergency Management/Homeland Security shall be administered by the Director.


      (H) County Disaster Emergency Plan; formulation; content and adoption.


             (1)  A County Disaster Emergency Plan, referred to as the interjurisdictional disaster emergency plan by I.C. 10-14-3-17, shall be adopted by resolution of the Board of Commissioners. In the preparation of this Plan, as it pertains to county organization, it is the intent that the service, equipment, facilities and personnel of all existing departments and agencies shall be utilized to the fullest extent possible.


             (2)  The County Disaster Emergency Plan shall include, at minimum, the following:


                   (a)  An administrative section which includes:


                        1.     Authorities and directives; and


                        2.     Financial management.


                   (b)  A hazard specific section which includes:


                        1.     Unique hazards; and


                        2.     Special events.


                   (c)  An operations section, which includes:


                        1.     Coordination and control;


                        2.     Communication warning;


                        3.     Public information;


                        4.     Resource management; and


                        5.     Information and planning.


                   (d)  An emergency services section which includes:


                        1.     Law enforcement;




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                        2.     Firefighting;


                        3.     Transportation;


                        4.     Health and medical;


                        5.     Search and rescue; and


                        6.     Public works/engineering.


                   (e)  A consequent effects section, which includes:


                        1.     Evacuation;


                        2.     Shelter/mass;


                        3.     Damage assessment;


                        4.     Hazardous materials;


                        5.     Radiological protection; and


                        6.     Energy.


             (3)  In addition, all emergency services within the county shall:


                   (a)  Develop standard operation procedures, standard operation guides and checklist that are drafted subject to the requirements of the County Disaster Emergency Plans;


                   (b)  Coordinate standard operating procedures, standard operating guides and checklist with the Department of Emergency Management/ Homeland Security;


                   (c)  Assure inclusion of the standard operating procedures, standard operating guides and checklists within the County Disaster Emergency Plan;


                   (d)  Perform the functions and duties assigned by the County Disaster Emergency Plan; and


                   (e)  Maintain their portion of the County Disaster Emergency Plan in a current state of readiness at all times.


      (I)   Jurisdiction: Department of Emergency Management/Homeland Security; County Disaster Emergency Plan; and political subdivisions.


             (1)  Except as provided by § 33.41(C) and (D) above, the jurisdiction of the County Department of Emergency Management/Homeland Security shall be comprehensive and inclusive countywide and effective in both the incorporated and unincorporated areas of the county.


             (2)  The jurisdiction and applicability of the County Disaster Emergency Plan, as adopted pursuant to division (H) above and the exercise of any powers of the Principal Executive Officer of the county and of the Board of Commissioners under § 33.44 below, shall be comprehensive and inclusive countywide and effective in both the incorporated areas of the county.


             (3)  All political subdivisions in the county shall:


                   (a)  If they develop a plan for their political subdivision:


                        1.     Ensure that the plan is consistent with the requirements of the County Disaster Emergency Plan;


                        2.     Coordinate the development of the plan with the Department of Emergency Management/Homeland Security; and


                        3.     Ensure inclusion of the plan within the County Disaster Emergency Plan.


                   (b)  Perform the functions of the plan within the County Disaster Emergency Plan; and


                   (c)  Maintain their portion of the County Disaster Emergency Plan in a current state of readiness at all times.


      (J)   Tests of the County Disaster Emergency Plan; other emergency tests.


             (1)  Tests of the County Disaster Emergency Plan may be conducted at any time with or without prior notification to persons other than the Director.




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             (2)  All emergency tests conducted within the boundaries of the county shall be coordinated with the Department.


      (K)  Board of Commissioners; general admin-istrative powers and duties. In time of normal county operations, powers and duties of the Board of Commissioners pertaining to Emergency Management/Homeland Security shall be:


             (1)  Maintaining general supervision over the planning and administration for the Department;


             (2)  Adopting the County Disaster Emergency Plan;


             (3)  Coordinating Emergency Management/ Homeland Security activities consistent with the County Disaster Emergency Plan;


             (4)  Making assignments of county personnel to Emergency Management/Homeland Security activities consistent with the County Disaster Emergency Plan;


             (5)  Making assignments of county personnel to Emergency Management/Homeland Security duties in order to meet situations not covered in the normal duties and powers of those agencies consistent with the County Disaster Emergency Plan;


             (6)  Taking all necessary action in coordination with the Department to conduct tests of the County Disaster Emergency Plan; and


             (7)  Educating themselves as to their responsibilities under the County Disaster Emergency Plan.

(1983 Code, § 13-3-3) (Ord. 2013-25, passed 10-1-2013)



§ 33.43 HAZARD MITIGATION ADVISORY BOARD.


      (A)  County Hazard Mitigation Advisory Board; establishment. There is hereby established the County Hazard Mitigation Advisory Board which shall consist of the following individuals or their designees:


             (1)  The Director of the County Emergency Management/Homeland Security Department;


             (2)  An individual representing the legislative bodies of all towns located within the county;


             (3)  An individual representing the County Solid Waste Management District;


             (4)  An individual representing the County Council;


             (5)  The County Building Commissioner;


             (6)  The County Highway Superintendent;


             (7)  The County Engineer;


             (8)  An individual representing the County Board of Health;


             (9)  An individual representing the Seymour Board of Public Works;


           (10)  The Director of the City of Seymour’s Recycling program;


           (11)  Representatives from landfill owners and waste disposal companies that operate in the county; and


           (12)  Any other representatives that may be designated by the Director of the Emergency Management/Homeland Security Department, the Board of Commissioners or the County Council.


      (B)  County Hazard Mitigation Advisory Board: officers. The Hazard Mitigation Advisory Board shall have a Chairperson, a Vice-Chairperson and a Recording Secretary. The Hazard Mitigation Advisory Board shall elect these officers for one-year terms.


      (C)  County Hazard Mitigation Advisory Board; power and duties. The Hazard Mitigation Advisory Board shall advise the Department in matters involving planning for mitigation, handling and/or


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disposal of hazardous materials in the event of a disaster event in the county.

(1983 Code, § 1-13-3.1)



§ 33.44 EMERGENCY POWERS; REGULATIONS AND PROCEDURES.


      (A)  Applicability of section. This section shall apply whenever:


             (1)  The government, pursuant to I.C. 10-14-3-12, has declared a disaster emergency affecting all or part of the county;


             (2)  The Principal Executive Officer of the county, pursuant to I.C. 10-14-1-29(a), and division (C) below, is preparing to, or has declared a local disaster emergency affecting all or part of the county; and/or


             (3)  The Board of Commissioners has implemented a test of the county’s Disaster Emergency Plan and procedures in accordance with and to the extent necessary to the test.


      (B)  Special emergency powers and duties of Principal Executive Officer; declaration of local disaster emergency.


             (1)  In the event of an actual or threatened disaster emergency affecting the county, if feasible, the Principal Executive Officer of the county shall seek the advice and input of the Director as to the advisability of declaring a local disaster emergency.


             (2)  If the Board of Commissioners, acting as the Principal Executive Officer of the county, is the entity declaring the local disaster emergency, then the statutory requirements contained in I.C. 36-2-2-8 and I.C. 5-14-1.5-5(d) regarding special and emergency meetings of the Board of Commissioners must be met.


             (3)  The Principal Executive Officer of the county may in the event of an actual or threatened disaster emergency affecting the county declare a local disaster emergency, pursuant to I.C. 10-14-l-29(a).


This declaration shall:


                   (a)  Be in writing;


                   (b)  State the nature of the disaster;


                   (c)  State the conditions that have brought the disaster about;


                   (d)  State the area or areas to which the local disaster emergency declaration applies (this may include the entire county or only designated parts thereof); and


                   (e)  State the area or areas to which the local disaster emergency declaration applies. The disaster declaration shall not be continued or renewed for a period in excess of seven days except by or with the consent of the Board of Commissioners.


             (4)  The declaration of a local disaster emergency, as well as any continuation or termination of the declaration shall be:


                   (a)  Announced or disseminated to the general public by the best means available; and


                   (b)  Filed promptly in the offices of the County Clerk; the County Auditor and the Clerk of any incorporated municipality located in the declared disaster area.


             (5)  The declaration shall not be invalidated or ineffective if any of the filing and dissemination requirements cannot be complied with due to the prevailing adverse circumstances.


             (6)  Upon a declaration, the County Disaster Emergency Plan or the component parts thereof as may be relevant to the emergency shall be activated and implemented.


             (7)  Declaration of a local disaster emergency is not necessary if the Governor, pursuant to I.C. 10-14-3-12, has already proclaimed a statewide or area-wide disaster emergency that includes the county.




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      (C)  Board of Commissioners; convention of special emergency meeting.


             (1)  As allowed by I.C. 36-2-2-8 and I.C. 5-14-1.5-5(d), a special meeting of the Board of Commissioners shall be called as soon as possible after the disaster emergency that affects the county has been declared, either by the Governor or by the Principal Executive Officer of the county, to perform their legislative and administrative functions as the situation may demand.


             (2)  As required by I.C. 36-2-2-8(b) and I.C. 5-14-1.5-5(d), the following conditions must be met for this meeting:


                   (a)  The notice for the meeting must include a specific statement of the purpose of the meeting;


                   (b)  News media that have requested notice of meetings must be given the same notice as is given the members of the Board of Commissioners;


                   (c)  The public must be notified of this meeting by posting a copy of the notice at the principal office of the Board of Commissioners, if no such office exists, at the building where the meeting is to be held;


                   (d)  The Board of Commissioners may not conduct any business at this meeting that is unrelated to the disaster emergency declaration; and


                   (e)  All other requirements that are applicable to a meeting that is called to deal with an emergency.


             (3)  In addition, such a meeting shall:


                   (a)  Be held in any convenient and available place;


                   (b)  Continue without adjournment for the duration of the disaster emergency; and


                   (c)  Be recessed for reasonable periods of time as necessary and permitted by the circumstances.


      (D) Principal Executive Officer; special emergency powers and duties.


             (1)  In the event that a disaster or emergency has been declared that affects all or part of the county, and a quorum of the Board of Commissioners cannot be assembled for purposes of the meeting needed under division (C) above, the Principal Executive Officer of the county shall have, on an interim basis, all powers of the Board of Commissioners and may take all such actions with respect to the disaster emergency declaration that the Board of Commissioners would have been authorized to take.


             (2)  When a quorum of the Board of Commissioners is assembled, these interim powers of the Principal Executive Officer of the county shall cease.


      (E)  Board of Commissioners; special emergency powers and duties.


             (1)  At the meeting convened under division (C) above, the Board of Commissioners may exercise any of their normal executive and legislative powers to the extent related to the emergency and necessary to deal therewith.


             (2)  In addition to the powers enumerated in division (E)(1) above, the Board may also exercise any of the following special and extraordinary powers.


                   (a)  The Board of Commissioners may extend the period of a local disaster emergency declared by the Principal Executive Officer of the county, pursuant to division (B) above, to last more than seven days if necessary.


                   (b)  The Board of Commissioners may terminate the local disaster emergency.


                   (c)  The Board of Commissioners may assemble and utilize Emergency Management/ Homeland Security resources, including:


                        1.     Personnel of the Department of Emergency Management/Homeland Security;




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                        2.     Participating emergency services; and


                        3.     Any other resources at the disposal of the Commissioners hereunder for Emergency Management/Homeland Security pur-poses.


                   (d)  The Board of Commissioners may order volunteer forces which have been activated pursuant to the County Disaster Emergency Plan to the aid of the practicable. These volunteer forces shall be under the direction of the Department of Emergency Management/Homeland Security.


                   (e)  In order to control the local disaster or emergency and provide for public health, safety and welfare, the Board of Commissioners may command services and/or requisition the use of:


                        1.     Equipment;


                        2.     Facilities;


                        3.     Supplies; or


                        4.     Other property.


                   (f)   The Board of Commissioners may order the evacuation of all or part of the population from stricken areas of the county, and prescribe:


                        1.     Routes;


                        2.     Modes of transportation; and


                        3.     Evacuation destinations.


                   (g)  The Board of Commissioners may make provision for availability and use of temporary emergency housing, which housing need not necessarily comply with any minimum housing standards, building or zoning regulations and the like, which would govern the use and location of premises for housing purposes during normal times.


                   (h)  Except in accordance with division (E)(2)(a) below, the Board of Commissioners shall not


suspend any provisions of ordinances or procedures, which are mandated by statute.


                   (i)   In the event of a disaster or emergency that has been declared by the Governor, the Board of Commissioners, in accordance with I.C. 10-14-3-17 may waive any procedures or requirements of statute, or of county ordinances reflecting statutory requirements and mandates, pertaining to: 


                        1.     The performance of public works;


                        2.     The entering into contracts;


                        3.     The incurring of obligations;


                        4.     The employment of permanent and temporary workers;


                        5.     The utilization of volunteer workers;


                        6.     The rental of equipment;


                        7.     The purchase and distribution of supplies, materials and facilities; and


                        8.     The appropriation and expenditure of public funds.


                   (j)   The Board of Commissioners may assign any special emergency duties and functions to county:


                        1.     Offices;


                        2.     Departments; and


                        3.     Agencies.


                   (k)  Any unexpended and un-encumbered monies budgeted and appropriated but not otherwise dedicated by law to different purposes may, within the scope of each major budget and appropriation category (major object classification), be utilized and expended for the purpose of carrying out those special emergency duties and functions.




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                   (l)   Pursuant to I.C. 10-14-3-22, the Board of Commissioners may make, amend and rescind the orders, rules and regulations as may be necessary for Emergency Management/Homeland Security purpose and to supplement the carrying out of the provisions of this subchapter. Those orders, rules and regulations:


                        1.     Cannot be inconsistent with any orders, rules or regulations promulgated by the Governor or by any state agency exercising a power delegated to it by the Governor;


                        2.     Cannot be inconsistent with the county’s Emergency Management/Homeland Security program or Emergency Plan;


                        3.     Shall have full force and effect of law when filed in the office of the County Clerk; and


                        4.     Are enforceable by any local or state law enforcing authority in accordance with I.C. 10-14-3-24.


                   (m) The Board of Commissioners may, in accordance with the Plan, request the state or the United States or their agencies and political subdivisions to send aid (including financial assistance) if the situation is beyond the control of the regular and emergency county forces and resources.


             (3)  All actions taken by the Board of Commissioners under this section shall be consistent with, and subordinate to, any actions, orders or regulations made by the Governor or a state agency implementing the State County Disaster Emergency Plan.


      (F)  Officers and employees of incorporated and unincorporated areas of the county; general duties during emergency. During a declared disaster emergency, all officers and employees of incorporated and unincorporated areas of the county shall:


             (1)  Cooperate with and give active support to the Board of Commissioners and the County Emergency Management/Homeland Security Director; and


             (2)  Comply with all orders, rules and regulations issued pursuant to this subchapter by the Board of Commissioners or the County Emergency Management/Homeland Security Director.


      (G)  Noncompliance with emergency orders, rules and regulations: obstruction or impersonations of Emergency Management/Homeland Security author-ities; penalties and enforcement.


             (1)  Whenever this subchapter applies it shall be unlawful and a penal violation for any person to:


                   (a)  Willfully obstruct, hinder or delay the Board of Commissioners, the Director of Emergency Management/Homeland Security, partic-ipating emergency services, authorized Emergency Management/Homeland Security volunteers or other authorities from implementing, carrying out and enforcing the Emergency Plan;


                   (b)  Fail to observe, abide by, and comply with any Emergency Management/Homeland Security duties, orders, regulations and procedures as made applicable to the person by the appropriate authorities; or


                   (c)  Falsely wear or carry identification as a member of the County Department of Emergency Management/Homeland Security or to otherwise falsely identify or purport to be a County Emergency Management/Homeland Security authority.


             (2)  A person who violates the provisions of this subchapter shall be liable for a judgment in favor of the county of up to $2,500 plus attorney fees and plus court costs. Each 24-hour period that any violation continues unabated shall be considered a separate violation for purposes of imposition of sanctions. The County Attorney shall be responsible for prosecuting violations of this subchapter.


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             (3)  Any regular or reserve police officer of the state or any of its political subdivisions is hereby empowered to issue and serve a civil citation against any person found to be committing an offense described above.


      (H) Limitation of liability during disaster emergency or emergency management/homeland security tests. During an Emergency Management/ Homeland Security test or declared disaster emergency, the county, the county’s assigned personnel, participating emergency services, and rostered Emergency Management/Homeland Security volunteers shall be immune from liability to the full extent provided by I.C. 10-14-3 and any other applicable law.


      (I)   Compensation for property commandeered or used during disaster emergency. Pursuant to I.C. 10-14-3-31, compensation for property shall be paid only if the property was commandeered or otherwise used in coping with a disaster emergency and its use or destruction was ordered by the Governor or a member of the disaster emergency forces of the state. Any person claiming compensation for the use, damage, loss or destruction of the property shall make a claim for it. This claim shall be filed and adjudicated as provided in I.C. 32-34.

(1983 Code, § 1-13-4)



§ 33.55 LOCAL DISASTER EMERGENCY DECLARATIONS AND TRAVEL ADVISORIES.


      (A)  Title. This chapter shall be known as the Local Disaster Emergency Declaration Ordinance of the county and shall apply to all roads, highways, or rights-of-way maintained by the county highway department (“Roads”). The mandatory provisions of this chapter and of any local disaster emergency issued pursuant to the prominence, including the prohibitions on travel and the penalties for violating those prohibitions, shall not apply to streets maintained by a city or town within the county nor to a state highway maintained by the state Department of Transportation nor to a federal interstate highway situated within the county.


      (B)  Procedure.


             (1)  The Board, after consultation with the County Sheriff; the County Emergency Management/ Homeland Security Director, and the County Highway Superintendent, if available, or the respective representative designated by each as the person to consult in his or her absence for the purpose of recommending a declaration of local disasters emergency, may declare a local disaster emergency which may also contain a “warning level” travel advisory by executive order when, in the Board's judgment, by majority rule, such order would be appropriate under I.C. 10-14-3-29 and in the best interest of the public safety and welfare of the residents of the county.


             (2)  If only one member of the Board is available to sign the declaration of local disaster emergency, he or she can declare a local disaster emergency if he or she has obtained and documented the verbal or written concurrence of at least one other board member.


             (3)  If, with or without the issuance of a declaration of local disaster emergency, the Board or the Emergency Management Agency Director determines that conditions require an “advisory” or “watch” level of travel advisory, the Board by majority rule, or the Emergency Management Agency Director upon written notice to the Board, may issue and “advisory” or a “watch” travel advisory.


             (4)  Pursuant to I.C. 10-14-3-29.5, a “warning” level travel advisory may be issued only after or as a part of a declaration of local disaster emergency. Such emergency shall continue in effect until the above-mentioned Board members and/or officials or their respective designees who declared the emergency thereafter determine an emergency no longer exists and terminate the emergency order.


             (5)  The Board may declare a “warning” level travel advisory upon its determination that the conditions are appropriate for the issuance of a local disaster emergency under I.C. 10-14-3-29, and the further determination that the criteria set forth in division (C) of this section, below, have been met.


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      (C)  Local travel advisories. A local travel advisory shall be declared in accordance with I.C. 10-14-3-29.5 and this chapter. The purpose of a local travel advisory is to keep the residents of the county informed of the weather and county road conditions and to assist the County Highway Department in the clearing of the county roadways by eliminating stranded vehicles.


             (1)  Advisory level travel advisory. This level may be declared when routine travel or activities may be restricted in areas of the county because of a hazardous situation; citizens should use caution or avoid these areas. Schools and businesses may begin to implement their emergency action plans.


             (2)  Watch level travel advisory. This level may be declared when conditions are threatening to the safety of the public. Only essential travel is recommended (i.e., to and from work, emergency situations, etc.). At this level, emergency action plans should be implemented by business, schools, government agencies and other organizations.


             (3)  Warning level travel advisory. This level may be declared when roads have become impassable and the county Highway Department is not able to keep the roadways cleared due to extreme weather conditions, such as a severe snow fall, high drifts, or blizzard like conditions are present. Travel may be restricted to emergency management workers ONLY and essential emergency travel by members of the public as the Board may further direct, such as privately employed health care workers.


             (4)  Further restrictions that the Board deems necessary may be included within the local disaster declaration.


      (D) Publication. Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly in the office of the clerk of the political subdivision pursuant to I.C. 10-14-3-22(b)(2). Publication and broadcast of an advisory, watch, or warning level travel advisory shall be made or caused to be made by the Board or other officials designating the level of travel advisory using


a press release to all law enforcement agencies, fire departments, hospitals, and news media in the county. The declaration shall be promptly forwarded to the state Department of Homeland Security and shall be kept on file by the county Emergency Management Agency/Department of Homeland Security, County Clerk, and County Auditor.


      (E)  Exemptions. Vehicles which shall be exempt from the travel and parking restrictions imposed in a travel advisory pursuant to this chapter shall include medical assistance, law enforcement, fire department, emergency management, public utility, and fuel hauling vehicles, and employees of any of the above exempt services, if engaged in performing their respective duties. Any other vehicles violating this chapter or any of the parking restrictions contained in a local declaration of disaster emergency or a “warning” travel advisory are subject to removal as deemed necessary by a duly authorized representative of any one or more of the following: the county Highway Department, the County Sheriff's Department, a state conservation officer, or the state police.


      (F)  Penalties. Any persons violating any provisions of this chapter or the vehicle use or parking restrictions contained in a local declaration of disaster emergency or a “warning” travel advisory may be cited by law enforcement for an infraction, shall be fined in an amount not to exceed $100.00, and such shall be enforceable in any court of law, duly authorized by state law. In the addition to such fine, the court shall be authorized to direct to violator to repay the county any monetary losses or expenses incurred in the incident.

(Ord. 2011-28, passed 12-20-2011)


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CHAPTER 34: PURCHASING PROCEDURES



Section

 

      34.01     Definitions

      34.02     Purchasing agents; purchase order

      34.03     Compliance with state purchasing statutes

      34.04     Purchases by Board of Commissioners

      34.05     Contracts

      34.06     Promotion of purchase of supplies manufactured in the United States



§ 34.01 DEFINITIONS.


      For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.


      CONSUMABLE GOODS. Any good that may be consumed, depleted or worn out by use within one year of purchase.


      DESKTOP SUPPLIES. Any supplies used on or in the desk of county employees.


      IT EQUIPMENT AND ACCESSORIES. Any computer, monitor, keyboard, mouse, printer, fax machine or copy machine, or any accessories to complement such items, used by the average office worker. It does not include specialized equipment, such as the surveyor’s blotter or dispatch equipment.


      NON-CONSUMABLE GOODS. Any good that may be counted as inventory, and may not be consumed, depleted or worn out by use within one year of purchase.


      PURCHASE. Includes buy, procure, rent, lease or otherwise acquire. It includes:



             (1)  Description of requirements;


             (2)  Solicitation or selection of sources;


             (3)  Preparation and award of contract;


             (4)  All phases of contract administration; and


             (5)  All functions that pertain to purchasing. (I.C. 5-22-2-24).


      PURCHASING AGENCY. The Board of Commissioners of Jackson County.


      SERVICES. The furnishing of labor, time or effort by a person, not involving the delivery of specific supplies other than printed documents or other items that are merely incidental to the required performance.

(I.C. 5-22-3-30)


      SINGLE-ITEM PURCHASES. Purchases of any single item. It does not include purchases made for repair of county-owned property.


      SOLICITATION. The procedure by which a governmental body invites persons to submit an offer to enter into a contract with the governmental body for the purchase or sale of supplies by the governmental body. It includes an invitation for bids, a request for proposals, and a request for quotes.


      SUPPLIES. Any property that is in the following categories: equipment, goods and materials. It does not include an interest in real property, any


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item that would require license plates or insurance, or IT equipment and accessories.

(Ord. 2007-14, passed 11-6-2007; Ord. 2009-12, passed 6-16-2009; Ord. 2009-18, passed 9-1-2009)

Statutory reference:

      Supplies, see I.C. 5-22-2-38



§ 34.02 PURCHASING AGENTS; PURCHASE ORDER.


      (A)  Purchasing agents.


             (1)  For single-item purchases of less than $3,500, the purchasing agents shall be:


                   (a)  Each elected official or the individuals designated by each elected official; and/or


                   (b)  Each agency supervisor or department head or the individuals designated by each agency supervisor or department head.


             (2)  For single-item purchases of more than $3,500, the purchasing agents shall be the Board of Commissioners or its designee.


             (3)  For purchases of desktop supplies, the purchasing agents shall be:


                   (a)  Each elected official or the individuals designated by each elected official; and/or


                   (b)  Each agency supervisor or department head, or the individuals designated by each agency supervisor or department head.


             (4)  For purchases of IT equipment or accessories, the purchasing agents shall be the Director of Information Technology, or his or her designee.


      (B)  Authorization.


             (1)  For single-item purchases of less than $3,500, a purchasing agent is authorized to make the purchase pending appropriation by the County Council.


             (2)  For single-item purchases of more than $3,500, approval by the Board of Commissioners and appropriation by the County Council is required to purchase such item.


             (3)  For any purchase that requires registration by the state or coverage under the insurance policies of the county, approval of the Board of Commissioners and appropriation by the County Council is required to purchase such item.

(Ord. 2007-14, passed 11-6-2007; Ord. 2009-12, passed 6-16-2009; Ord. 2009-18, passed 9-1-2009; Ord. 2013-16, passed 6-18-2013)



§ 34.03 COMPLIANCE WITH STATE

PURCHASING STATUTES.


      Purchasing agents shall comply with I.C. 5-22 as they relate to county purchases.

(Ord. 2007-14, passed 11-6-2007)



§ 34.04 PURCHASES BY BOARD OF

COMMISSIONERS.


      (A)  For purchases costing between $50,000 and $150,000, the Board of Commissioners shall follow the purchasing procedure specified in I.C. 5-22-8-3 by inviting quotes from at least three persons known to deal in the lines or classes of supplies to be purchased.


      (B)  For purchases costing more than $150,000, the Board of Commissioners shall follow the purchasing procedure specified in I.C. 5-22-7 by competitive sealed bidding unless an emergency exists or the purchase qualifies as a special purchase pursuant to I.C. 5-22-10.

(Ord. 2007-14, passed 11-6-2007)



§ 34.05 CONTRACTS.


      (A)  Notwithstanding any other provisions of this chapter, all contracts and purchases must be approved by the County Board of Commissioners unless the


2014 S-2


Purchasing Procedures47



contract falls under the exceptions set forth in § 34.02(A) above for purchases less than $50,000.


      (B)  All purchases are subject to final approval by the County Board of Commissioners through the claims approval process.

(Ord. 2007-14, passed 11-6-2007)



§ 34.06 PROMOTION OF PURCHASE OF

SUPPLIES MANUFACTURED IN THE

UNITED STATES.


      Each purchasing agent shall purchase supplies manufactured in the United States unless:


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


      (B)  The price of the supplies manufactured in the United States exceeds by an unreasonable amount the price of available and comparable supplies manufactured outside the United States;


      (C)  The quality of the supplies is substantially less than the quality of comparably priced available supplies manufactured outside the United States; or


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

(Ord. 2007-14, passed 11-6-2007)







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CHAPTER 35: COUNTY OFFICIALS AND EMPLOYEES



Section


General Policies

 

      35.01     Payment of mileage

      35.02     Blanket bonds authorized

      35.03     Membership in organizations


County Auditor

 

      35.15     Auditor’s endorsement fee

      35.16     Pay certain claims in advance of approval by County Commissioners

      35.17     Fixed asset ledger


County Sheriff

 

      35.30     Sheriff’s mortgage foreclosure sales project; fee




GENERAL POLICIES



§ 35.01 PAYMENT OF MILEAGE.


      (A)  County officers and employees are entitled to a sum for mileage in the performance of their official duties equal to the sum per mile paid to officers and employees of the state.


      (B)  Any changes in the sum per mile that the state establishes by July 1 of any year shall take effect and be paid to county officers and employees


beginning with mileage expenses incurred after January 1 of the next year.

(1983 Code, § 1-6-5)



§ 35.02 BLANKET BONDS AUTHORIZED.


      County officers and employees, commission members and persons acting on behalf of the county, to the extent permitted by I.C. 5-4-l-18(b), may be covered by a blanket bond or a crime insurance policy endorsed to include and cover their faithful performance.

(1983 Code, § 1-6-6)



§ 35.03 MEMBERSHIP IN ORGANIZATIONS.


      (A)  The Board of Commissioners is authorized to budget, and the County Council is authorized to appropriate funds from the General Fund or from other funds to provide membership for the county and for the elected and appointed officials and members of the county’s boards, council, departments or agencies in local, regional, state and national associations of a civic, educational or governmental nature, which have as their purpose the betterment and improvement of county government operations.


      (B)  The Board of Commissioners is further authorized to budget and the County Council is further authorized to appropriate funds to pay the expenses of duly authorized representatives to attend the meetings and functions of organizations to which the county belongs.

(1983 Code, § 1-11-2)





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COUNTY AUDITOR



§ 35.15 AUDITOR’S ENDORSEMENT FEE.


      (A)  Fee established.


             (1)  A fee of $3 shall be charged for each real property endorsement that the Auditor makes.


             (2)  This fee is in addition to any other fee provided by law.

(1983 Code, § 1-7-80)


      (B)  Use of funds collected. All endorsement fees collected by the Auditor shall be deposited in a dedicated fund for use in maintaining plat books as required by I.C. 36-2-9-18(d).

(1983 Code, § 1-7-81)



§ 35.16 PAY CERTAIN CLAIMS IN

ADVANCE OF APPROVAL BY COUNTY

COMMISSIONERS.


      (A)  Pursuant to I.C. 36-2-6-4.5, the County Auditor is hereby authorized to make payment of the following categories of county expenses in advance of approval by the Board of Commissioners:


             (1)  Property or services purchased or leased from the United States government, its agencies or its political subdivisions;


             (2)  License or permit fees;


             (3)  Insurance premiums;


             (4)  Utility payments or utility connection charges;


             (5)  General grant programs where advance funding is not prohibited and the contracting party posts sufficient security to cover the amount advanced;


             (6)  Grants of state funds authorized by statute;



             (7)  Maintenance or service agreements;


             (8)  Leases or rental agreements;


             (9)  Bond or coupon payments;


           (10)  Payroll;


           (11)  State or federal taxes;


           (12)  Expenses that must be paid because of emergency circumstances; and


           (13)  Expenses described in an ordinance.


      (B)  Each payment of expenses under this section must be supported by a fully itemized invoice or bill and certification by the County Auditor.


      (C)  The County Executive shall review and allow the claim at its next regular or special meeting following the pre-approved payment of the expense.


      (D) A payment of expenses under this section must be published in the manner provided under I.C. 36-2-6-3.

(1983 Code, § 1-7-82)



§ 35.17 FIXED ASSET LEDGER.


      (A)  The County Auditor shall maintain a ledger of all fixed assets owned by the county.


      (B)  The Auditor shall be required to record in the ledger all county-owned assets valued in the amount of $100 or greater.

(Ord. 2009-4, passed 2-17-2009)




COUNTY SHERIFF



§ 35.30 SHERIFF’S MORTGAGE FORECLOSURE SALES PROJECT; FEE.


      (A)  The Sheriff of Jackson County is hereby authorized to establish a Sheriff’s Mortgage




County Officials and Employees51



Foreclosure Sales Project under which the Sheriff of Jackson County shall be authorized to contract with a contractor to fulfill the duties of the Sheriff of Jackson County under I.C. 32-29-7-3 and I.C. 32-29-7-4, subject to a proviso in such contract that the Sheriff remains fully liable for the performance of all statutory duties of the Sheriff in connection with the conduct of mortgage foreclosure sales.


      (B)  The contract negotiated by the Sheriff with the contractor shall be subject to approval and execution by the Board of Commissioners.


      (C)  The contract shall provide for payment to the contractor of a fee up to an amount of $100 for each sale of mortgaged property under a certified judgment and decree as provided for in Subsection (b) of I.C. 32-29-7-3, which shall constitute a portion of the administrative fee of the Sheriff as provided for under subsection (h) of I.C. 32-29-7-3 (“Sheriff’s mortgage foreclosure sales project fee”).


      (D) The Sheriff of Jackson County is authorized to charge an additional fee up to an amount of $100 per certified judgment and decree for sale of mortgaged property, also constituting a portion of the administrative fee of the Sheriff as provided for under Subsection (h) of I.C. 32-29-7-3 (“foreclosure costs fee”) and to deposit this foreclosure costs fee collected by the Sheriff or contracts as costs in the County General Fund for appropriation for operating expenses of the Sheriff’s office.


      (E)  The Sheriff’s mortgage foreclosure sales project fee and the Sheriff’s foreclosure costs fee shall be payable to the Sheriff and must be paid before the order of sale will be processed and scheduled for sale. These fees are payable by the person or entity seeking to enforce the certified judgment and decree.


      (F)  The Sheriff’s Mortgage Foreclosure Sales Project contract shall provide for a complete and accurate accounting of all sale proceeds and be compliant with any reporting or record keeping requirements set forth by the Indiana State Board of Accounts.



      (G)  This section does not apply to sales of time-share interests.

(Ord. 2009-20, passed 9-1-2009)





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CHAPTER 36: TAX AND FINANCE



Section

 

      36.01     Funds adopted by reference



§ 36.01 FUNDS ADOPTED BY REFERENCE.


      The provisions and regulations involving the funds of the county are hereby adopted by reference and set out as fully as if set out at length herein.

Cross-reference:

      Ambulances Services Authority Fund, see § 33.26

      Auditor’s endorsement fee, see § 33.15

      Fees, see also Ch. 110, § 111.25

      Health care co-payments by inmates, see § 30.06

      Health Fund, see Ch. 110

      Juror fees, see § 30.05

      Sheriff’s mortgage foreclosure sales project; fee,

        see § 35.30





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