Sec. 2-1              Term of Office.

Sec. 2-2             Powers and Duties.

Sec. 2-3              Compensation of Clerk-Treasurer.

Sec. 2-4              Deputies and employees.

Sec. 2-5 -2-6.     Reserved.

Sec. 2-7              Appointment, Compensation, Tenure.

Sec. 2-8             Powers and Duties.

Sec. 2-9             Deputy Marshals.

Sec. 2-10           Building Commissioner.

Sec. 2-11           Reserved.

Sec. 2-12           Appointed Town Officers.

Sec. 2-13 -2-15     Reserved.

Sec. 2-16             Sick Leave.

Sec. 2-17              Vacations.

Sec. 2-18              Compensation and Salary.

Sec. 2-19              Official Surety Bonds.

Sec. 2-20             Old Age and Survivor's Insurance Program.

Sec. 2-21              Holiday Pay.

Sec. 2-22              Overtime.

Sec. 2-23              Mileage.

Sec. 2-24 -2-25     Reserved.

Sec. 2-26              Commissions established.

Sec. 2-27              Economic Development Commission.

Sec. 2-28             Plan Commission.

Sec. 2-29 -2-33   Reserved.

Sec. 2-34              Boards Established.

Sec. 2-35             Board of Aviation Commissioners.

Sec. 2-36             Board of Zoning Appeals.

Sec. 2-37             Park Board and Board of Parks and Recreation.

Sec. 2-38 - 2-42 Reserved.

Sec. 2-44              Payment of Membership Dues to Organizations.

Sec. 2-45              Departments of the Town.

Sec. 2-46 -2-50   Reserved.

Sec. 2-51              Cumulative Capital Improvement Fund.

Sec. 2-52              Sewage Bond and Interest Fund.

CHAPTER 2 - TOWN ADMINISTRATION

Sec. 2-1 Term of Office.

(a) The Town Clerk-Treasurer is an elected position whose term of office is for four (4) years, beginning at noon on January 1st after his or her election and continuing until a successor is elected and qualified.¹

(b) The Town Clerk-Treasurer is elected by the voters of the entire Town.²

Sec. 2-2 Powers and Duties.

(a) The Town Clerk-Treasurer may administer oaths, take depositions, and take acknowledgments of instruments as required by law.³

(b) The Town Clerk-Treasurer is the Clerk of the Board of Trustees and whenever the Board of Trustees has an even number of members, the Clerk-Treasurer is an ex officio member for the purpose of casting the deciding vote to break a tie.⁴

(c) The Town Clerk-Treasurer may perform all duties prescribed by law, which include but are not limited to the following:

(1) receive and care for all Town monies, and pay them out upon order of the Board of Trustees:

(2) keep accounts of all Town monies;

(3) files monthly reports with the Board of Trustees showing all receipts and disbursements of the Town treasury for the preceding month;

(4) maintain records which are open for inspection by the Board of Trustees;

(5) maintain custody of the Town Seal and records of the Board of Trustees;

(6) issue all licenses; and

(7) attend all Board of Trustee meetings and maintain a recording of its preceedings.⁵

Sec. 2-3 Compensation of Clerk-Treasurer

(a) The offices of Clerk and Treasurer are combined so that the position may be filled by one (1) person. (Ord. No. 170, 1917)

(b) The compensation for the services of the person holding the office of Clerk-Treasurer, shall be paid out of funds in the Town Treasury, and upon proper claim being field and allowed, said amount shall be fixed by the Town Board of Trustees. (Ord. No. 171, 1916)

Sec. 2-4 Deputies and Employees.

(a) The Clerk-Treasurer may appoint the number employees authorized by the Board of Trustees.

(b) Deputies and employees so hired serve at the Clerk-Treasurer.

Sec. 2-5 to 2-6 Reserved for Future use.

 

Article 2. Town Marshal

 

Sec. 2-7 Appointment, Compensation, Tenure.

(a) The Board of Trustees shall appoint a Town Marshal and fix his compensation.⁷

(b) The Town Marshal serves at the pleasure of the Board of Trustees and is subject to the State minimum basic training requirements.⁸

Sec. 2-8 Powers and Duties.

(a) The Town Marshal is the chief police officer of the Town and all powers and duties prescribed by law.

(b) Such powers and duties include but are not limited to following:

(1) serve and execute orders directed by the Town Board of Trustees;

(2) make arrests and detain in custody until the arrest has. been investigated;

(3) suppress breaches of peace;

(4) execute search and arrest warrants;

(5) enforcement of local ordinances;

(6) give notice of any nuisance and abate the same when ordered. (Ord. No. 4, 189)

(c) Any Marshal or deputy. who shall make any false return of any writ or other instrument whereon a return is required, or who shall fail to return the same on the return day thereof, or who shall fail to perform any duties incumbent upon him by Ordinance or law, shall with his securities be liable on his bond to any person so injured, to the extent of the injury. (Ord. No. 4, § 8, 189_)

Sec. 2-9 Deputy Marshals.

(a) The Town Board of Trustees authorizes the Town Marshal to appoint such Deputy Marshal and/or Relief Night Marshal as the needs of the Town shall require, and they shall assist the Marshal in his official duties. (Ord. No. 136, 1910)

(b) All deputies shall file their certificates of appointment and bonds, along with the oath of office, upon the approval of the Town Board of Trustees. (Ord. No. 132, 1909)

(c) Compensation of Deputy Marshals shall be set by the Town Board of Trustees.

(d) Deputy Marshals shall have the powers and liabilities of the of the Marshall in executing the orders of the Town Board of Trustees and enforcement of laws.¹⁰

Sec. 2-10 Building Commissioner.

The Building Commissioner is the Zoning Inspector designated by the Town Board of Trustees. He is charged with enforcement of the Zoning Chapter and related ordinances. (See Sections 10-34 and 10-35 for the duties of the Zoning Inspector)

Sec. 2-11 Reserved for Future Use

Article 3. Appointed Town Officers

Sec. 2-12 Town Officers.

(a) The Town Board of Trustees may employ such persons to effectively carry out the needs and services of the Town. Such persons compensation and terms of employment shall be set by the Board.

(b) Positions which the Board may appoint may include but not be limited to the following:

(1) Town Manager¹¹
(2) Town Attorney
(3) Town Engineer
(4) One or more Street Commissioners (Ord. No. 5)
(5) One or more Firefighters (Ord. No. 5)
(6) Town Marshal

(c) Duties shall be set forth for each position by the Town Board Trustees.

Sec. 2-13 to2-14 Reserved for Future Use.

Article 4 - Town Employees, Compensation, Bonds, Mileage, Vacations Benefits

Sec. 2-16 Sick Leave.

All full time employees of the Town are allowed five (5)days sick leave per year. (Ord. 82-4-12, 1982)

Sec. 2-17 Vacations.

(a) All full time employees of the Town are entitled to the following paid vacations:

One (1) week vacation after six (6) months of employment, or
Two (2) weeks vacation after one (1) year of employment
(Ord. 68-1, 1968)

(b) One (1) to three (3) days before the vacation leave period of a Town Officer or employee begins, the Town may pay him the amount of compensation he will earn while he is on vacation leave.¹²

Sec. 2-18 Compensation and Salary.

The Town Board of Trustees shall fix the compensation and salary of all Town employees and officers by appropriate ordinance.

Sec. 2-19 Official Surety Bonds.

Individual official surety bonds required by I.C. 5-4-1-18 shall be provided by the Town.  A blanket bond may be obtained to cover the faithful performance of all other employees, commission members, and persons acting on behalf of the Town, so required to be covered.

Sec. 2-20 Old Age and Survivors Insurance Program.

All positions not covered by an existing retirement plan as of January 1, 1952, shall be covered by the Federal Old Age and Survivors insurance as provided by law. (O.A.S.I. Res. No. 2 1951)

Sec. 2-21 Holiday Pay.

Sec. 2-22 Overtime.

Sec. 2-23 Mileage.

Mileage shall be governed by the applicable State law and shall be approved by the Town Board of Trustees.

Sec. 2-24 to2-25 Reserved for Future Use

Article 5 - Commissions, Boards, and Departments

Sec. 2-26 Commissions Established.

(a) The Town of Kentland shall establish such commissions as deemed necessary by the Town Board of Trustees to efficiently and effectively carry out the services and functions of the Town.

(b) The following Commissions are established:

(1) Economic Development Commission
(2) Plan Commission

Sec. 2-27 Economic Development Commission.

(a) The Kentland Economic Development Commission is established to investigate, study and survey job opportunities, industrial diversification, and economic stability, development and welfare in and near the Town of Kentland. (Ord. 76-9-13 and Ord. 77-2-14)

(b) The Commission shall carry out the duties and powers as set forth in I.C. 36-7-12-1 through 36-7-12-37, as it may be amended from time to time.
(Ord. 77-2-14)

Sec. 2-28 Plan Commission.

(a) A Plan Commission for the Town of Kentland, Indiana is established. It shall consist of three (3) persons in the Town government of the Town, and four (4) additional members to be appointed by the President of the Town Board of Trustees, with not more than two (2) of whom shall be members of the same political party. (Ord. 220, §1, 1951)

(b) The Plan Commission shall have and possess all the duties, rights, and powers under its enabling statute of I.C. 36-7-4-102 Area Planning Law, and all amendments thereto. ¹³

(c) The duties of the Plan Commission shall be:

(1) to promote the orderly development of the governmental units of the Town of Kentland, Indiana, and its environs;

(2) to improve the public health, safety, convenience and welfare of the Town;

(3) to plan for the future development of the Town.

(4) to plan the development and to set off into zones the real estate within the corporate limits of the Town;

(5) to plan and recommend the passage of ordinances providing for specific zones for types of improvements and to divide the town and the real estate therein into residential, business, school and park districts or zones;

(6) to recommend the passage of ordinances for the districting and zoning of the Town; and

(7) to do and perform any and all other things authorized by the Plan Commission in connection with the planning and zoning of the Town.
(Ord. 220, §3, 1951)

Sec. 2-29 through 2-33 Reserved for Future Use.

Sec. 2-34 Boards Established.

(a) The Town of Kentland shall establish such boards as are deemed necessary by the Town Board of Trustees to efficiently and effectively carry out the services and functions of the Town.

(b) The following Boards are established:

(1) Board of Aviation Commissioners
(2) Board of Parks and Regulations
(3) Board of Zoning Appeals
(4) Kentland Conservancy Director
(5) Park Board

Sec. 2-35 Board of Aviation Commissioners. ¹⁴

(a) Establishment. A Board of Aviation Commissioners is established. It shall consist of four (4) members no more than two (2) of whom shall be of the same political party. They shall be appointed by the Board of Trustees and serve for the terms provided by statute.
(Ord. No. 72-5 §1, 1972)

(b) Powers. The Board of Aviation Commissioners shall constitute a municipal authority and shall perf6rm the duties and have the powers granted to it by statute.
(Ord. 72-5 §2, 1972)

(c) Organization. The Board of Aviation Commissioners shall choose, annually, at its first regular meeting in January, one of its members President, and another of its members Vice-President, who shall perform the duties of the President during the absence or disability of the President.
(Ord. 72-5 §3, 1972)

(d) Reports. The Board of Aviation Commissioners, on or before the first day of February of each year, shall make a report to the Town Board of Trustees of Kentland, with a full statement of its receipts and disbursements for the preceding year, and shall also report the acquisition of airport facilities of other property which may have come under the control of the Board.
(Ord. 72-5 §4, 1972)

(e) Regulations. The Board of Aviation Commissioners shall have the power to make any reasonable rules and regulations, not in conflict with the laws of the State of Indiana or the laws or regulations of the United States for the management and control of its airport and landing facilities.
(Ord. 72-5 §5, 1972)

(f) Authority To Receive Contributions from the Public.

The Board of Aviation Commissioners shall have the authority to receive contributions from the general public and shall make an accounting of the contributions so received in its annual report to the Town Board of Trustees.

Sec. 2-36 Board of Zoning Appeals.

The Board of Zoning Appeals is addressed in Chapter 10, entitled Zoning of this Code.

Sec. 2-37 Park Board and Board of Parks and Recreation.

The powers, duties, and authorities of the Park Board and Board of Parks and Recreation are addressed in Chapter 5 of this Code.

Sec. 2-38 through 2-42 Reserved for Future Use

Sec. 2-43 Town Appointments.

The Town of Kentland, Indiana has appointments to the following organizations:

(1) Alcoholic Beverage Board
(2) Kankakee-Iroquois Regional Planning
(3) Lake-Porter County Regional Transportation arid Planning Commission (Res. 9-15-69)
(4) Library Board

Sec. 2-44 Payment of Membership Dues to Organizations.

(a) The Town Board of Trustees is authorized to budget and appropriate funds from the General Fund or from other funds to provide membership for the Town and the elected and appointed officials and members of the municipality'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 municipal operation.
(Ord. 83-1-10)

(b) The Town Board of Trustees is further authorized to budget and appropriate funds to pay the expenses of duly authorized representatives to attend the meetings and functions of organizations to which the municipality belongs.
(Ord. 83-1-10)

Sec. 2-45 Departments of the Town.

(a) The Town of Kentland shall establish such departments as are deemed necessary by the Town Board of Trustees to efficiently and effectively carry out the services and functions of the Town.

(b) The following departments are established:

(1) Building Commissioner
(2) Department of Economic Development
(3) Department of Parks and Recreation
       (Ord. 1976-8-14)
(4) Kentland-Jefferson Township Volunteer
        Fire Department
(5) Municipal Sewage. Works Department
        (Ord. 77-2-14)
(6) Waterworks Department

(c) The departments established by this Section shall perform the administrative functions assigned to them by statute and ordinance.

Sec. 2-46 through 2-50 Reserved for Future Use

Sec. 2-51 Cumulative Capital Improvement Fund.

(a) Fund Established: The Cumulative Capital Improvement Fund is created as a special fund.

(b) Purposes: The cigarette taxes allotted to the Town by reason of the Indiana Cigarette Tax Law shall be deposited therein. This fund shall be a cumulative fund and all of the monies deposited into it shall be appropriated and used solely for capital improvements as hereinafter defined and none of such monies shall revert to the general fund or be used for any purposes other than capital improvements.

(c) Definition: The term "capital improvements" means the construction or improvement of any property owned by the Town of Kentland, Indiana, including but not limited to streets, thoroughfares and sewers and the retirement of general obligation bonds of the Town of Kentland issued, and the proceeds used for the purpose of constructing capital improvements. The term capital improvement shall not include salaries of any public officials or employees except those which are directly chargeable to a capital improvement.

Sec. 2-52 Sewage Bond and Interest Fund.

The Sewage Board and Interest Fund is created governed by all applicable State and local laws.

¹ I.C. 36-5-6-3 addresses the Clerk-Treasurer's term of office.

² I.C.36-5-6-4 addresses the election of the Clerk-Treasurer.

³ I.C. 36-5-6-5 authorizes the Clerk-Treasurer to administer oaths and related powers.

⁴ I.C. 36-5-2-8 sets forth the Clerk-Treasurer's role to the legislative body (Board of Trustees).

⁵I.C. 36-5-6-6 sets forth the powers and duties of the Town Clerk-Treasurer.

⁶I.C. 36-5-6-7 authorizes the Clerk-Treasurer to appoint deputies and employees.

⁷I..C. 36-5-7-2 authorizes the Board of Trustees to appoint a Town Marshal.

⁸I.C. 36-5-7-3 addresses the tenure, training; and removal procedures for Town Marshal.

⁹I.C. 36-5-7-4 sets forth the powers and duties of Town Marshals.

¹⁰ I.C. 36-5-7-6 sets forth the law governing Deputy Marshals.

¹¹ I.C. 36-5-5-1 through 36-5-5-8 sets forth the duties and authorization to appoint a Town Manager.

¹² I.C. 36-5-4-7 sets forth the vacation leave provisions for Town Officers and employees.

¹³ I.C. 36-7-4-100 through 36-7-4-1106 addresses Planning and Development.

¹⁴ I.C. 36-9-2-3 authorizes Towns to establish, aid, maintain, and operate airports.