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MINUTES OF THE CITY-COUNTY COUNCIL AND

SPECIAL SERVICE DISTRICT COUNCILS OF

INDIANAPOLIS, MARION COUNTY, INDIANA

REGULAR MEETINGS MONDAY, MAY 18, 2009

The City-County Council of Indianapolis, Marion County, Indiana and the Indianapolis Police Special Service District Council, Indianapolis Fire Special Service District Council and Indianapolis Solid Waste Collection Special Service District Council convened in regular concurrent sessions in the Council Chamber of the City-County Building at 7:02 p.m. on Monday, May 18, 2009, with President Cockrum presiding. Councillor Cockrum led the opening prayer and invited all present to join him in the Pledge of Allegiance to the Flag.

ROLL CALL The President instructed the Clerk to take the roll call and requested members to register their presence on the voting machine. The roll call was as follows:

27 PRESENT: Bateman, Brown, Cain, Cardwell, Cockrum, Day, Evans, Gray, Hunter, Lewis, Lutz, Mahern (B), Mahern (D), Malone, Mansfield, McHenry, McQuillen, Minton-McNeill, Moriarty Adams, Nytes, Oliver, Plowman, Sanders, Scales, Smith, Speedy, Vaughn 2 ABSENT: Coleman, Pfisterer

A quorum of twenty-seven members being present, the President called the meeting to order.

INTRODUCTION OF GUESTS AND VISITORS Councillor Evans recognized president of the Pike Township Democrat Club, Emma Johnson. Councillor B. Mahern recognized members of the hospitality industry, hotel workers, in attendance and thanked them for their service to the community as ambassadors for the city. Councillor McHenry recognized park rangers in attendance.

OFFICIAL COMMUNICATIONS The President called for the reading of Official Communications. The Clerk read the following:

TO ALL MEMBERS OF THE CITY-COUNTY COUNCIL AND POLICE, FIRE AND SOLID WASTE COLLECTION SPECIAL SERVICE DISTRICT COUNCILS OF THE CITY OF INDIANAPOLIS AND MARION COUNTY, INDIANA

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Ladies And Gentlemen : You are hereby notified the REGULAR MEETINGS of the City-County Council and Police, Fire and Solid Waste Collection Special Service District Councils will be held in the City-County Building, in the Council Chambers, on Monday, May 18, 2009, at 7:00 p.m., the purpose of such MEETINGS being to conduct any and all business that may properly come before regular meetings of the Councils.

Respectfully, s/Bob Cockrum President, City-County Council

May 4, 2009 TO PRESIDENT COCKRUM AND MEMBERS OF THE CITY-COUNTY COUNCIL AND POLICE, FIRE AND SOLID WASTE COLLECTION SPECIAL SERVICE DISTRICT COUNCILS OF THE CITY OF INDIANAPOLIS AND MARION COUNTY, INDIANA: Ladies and Gentlemen: Pursuant to the laws of the State of Indiana, I caused to be published in the Court & Commercial Record and in the Indianapolis Star on Wednesday, May 6, 2009, a copy of a Notice of Public Hearing on Proposal Nos. 162 and 163, 2009, said hearing to be held on Monday, May 18, 2009, at 7:00 p.m. and on Proposal No. 150, 2009, said hearing to be held on Thursday, May 21, 2009, at 5:30 p.m. in the City-County Building Respectfully, s/Melissa Thompson Clerk of the City-County Council May 15, 2009 TO PRESIDENT COCKRUM AND MEMBERS OF THE CITY-COUNTY COUNCIL AND POLICE, FIRE AND SOLID WASTE COLLECTION SPECIAL SERVICE DISTRICT COUNCILS OF THE CITY OF INDIANAPOLIS AND MARION COUNTY, INDIANA: Ladies and Gentlemen: I have approved with my signature and delivered this day to the Clerk of the City-County Council, Melissa Thompson, the following ordinances: FISCAL ORDINANCE NO. 7, 2009 – appropriates $2,900,000 in the 2009 Budget of the Department of Public Works (Transportation General Fund) to fund street, curb, sidewalk, access ramp and traffic signal improvements in the 86th Street TIF district, financed by a transfer from revenue in the 86th Street TIF subfund FISCAL ORDINANCE NO. 8, 2009 – appropriates $514,308 in the 2009 Budget of the Department of Parks and Recreation (Parks and Federal Grants Funds) to fund after school activities, trail system repairs and expansion, pool staff, monitoring costs of the Summer Food Program, and restoration and maintenance activities at area parks FISCAL ORDINANCE NO. 9, 2009 – appropriates $637,223 in the 2009 Budget of the Department of Public Safety (Federal Grants Fund) to implement re-entry programs for females incarcerated at Liberty Hall and males at the Plainfield Re-Entry Facility, financed by federal grants from the Department of Justice FISCAL ORDINANCE NO. 11, 2009 – appropriates $3,250,000 in the 2009 Budget of the Department of Metropolitan Development (Federal Grants, Transportation and Consolidated County Funds) to fund various regional pavement, traffic and route planning activities with associated data gathering, financed by grants from the Federal Highway Administration, matching funds from the Department of Public Works, and contributions from partners and neighboring municipalities GENERAL ORDINANCE NO. 35, 2009 – authorizes intersection controls in the McGregor Highlands subdivision (District 25) GENERAL ORDINANCE NO. 36, 2009 – authorizes intersection controls in the Moeller Estates at Wildwood Farms, Sections 2, 4, 6 and 7 (District 25) GENERAL ORDINANCE NO. 37, 2009 – authorizes intersection controls in the Hanover subdivision, Sections 1 and 3 (District 25) GENERAL ORDINANCE NO. 38, 2009 – authorizes intersection controls in the Bluff View Meadows subdivision (District 22)

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GENERAL ORDINANCE NO. 39, 2009 – amends the Code to enhance the city's ability to enforce the provisions of Chapter 575, Environmental Public Nuisances, including amendments regarding high weeds and vegetation GENERAL RESOLUTION NO. 5, 2009 – approves certain public purpose grants totaling $1 million for the support of the arts GENERAL RESOLUTION NO. 6, 2009 – approves the city's Edward Byrne Memorial Justice Assistance Grant application to obtain funds to assist efforts to prevent or reduce crime and violence SPECIAL RESOLUTION NO. 16, 2009 – recognizes Thursday, May 7, 2009, National Day of Prayer SPECIAL RESOLUTION NO. 17, 2009 - recognizes former Council President Dr. Beurt R. SerVaas on his 90th Birthday Celebration Respectfully, s/Gregory A. Ballard, Mayor

ADOPTION OF THE AGENDA

The President proposed the adoption of the agenda as distributed. Without objection, the agenda was adopted.

APPROVAL OF THE JOURNAL

The President called for additions or corrections to the Journal of May 4, 2009. There being no additions or corrections, the minutes were approved as distributed. PRESENTATION OF PETITIONS, MEMORIALS, SPECIAL RESOLUTIONS, AND

COUNCIL RESOLUTIONS PROPOSAL NO. 204, 2009. The proposal, sponsored by Councillors Cain, Nytes, Speedy, Cardwell, Sanders, Pfisterer, Moriarty Adams, Day, Plowman, McQuillen, Scales, Coleman, Hunter, Lewis, McHenry and Minton-McNeill, recognizes Paul Estridge and Company for their work on the "Extreme Makeover: Home Edition" initiative and continued work in the Martindale-Brightwood neighborhood. Councillor Cain read the proposal and presented Mr. Estridge with a copy of the document and Council pin. Mr. Estridge thanked the Council for the recognition and said that this honor belongs to thousands who came together in the community to do amazing things. He thanked city workers and the Mayor and staff for supporting this effort, for without that support, it could not have been achieved. Councillor Cain moved, seconded by Councillor Nytes, for adoption. Proposal No. 204, 2009 was adopted by a unanimous voice vote. Proposal No. 204, 2009 was retitled SPECIAL RESOLUTION NO. 18, 2009, and reads as follows:

CITY-COUNTY SPECIAL RESOLUTION NO. 18, 2009 A SPECIAL RESOLUTION recognizing Paul Estridge and Company for their work on the “Extreme Makeover: Home Edition” initiative and continued work in the Martindale-Brightwood neighborhood. WHEREAS, the vision of the Estridge Company is to serve and enrich the lives of each other, their families and everyone they touch; to grow through their entire lives; and to live according to Biblical principles; and WHEREAS, an employee of the Estridge Company realized that the vision of the company and the “Extreme Makeover: Home Edition” show were complimentary to one another; and


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WHEREAS, a partnership was formed between the Estridge Company and the “Extreme Makeover” show under the conditions that a home would be built that any in the neighborhood could aspire to own and that the build would reach much further than the actual home, but also into the neighborhood; and WHEREAS, through the agreement, the plan was to build a home and a community center and to begin neighborhood transformation; and WHEREAS, over 200 companies participated in the initiative by donating labor, supplies and financial contributions, and over 5,000 volunteers worked to demolish two houses and build one new home and one new center for Pack House 2000; and WHEREAS, in addition, 1,200 trees were planted along six miles of street; five miles of alleys were graded, cleared and redressed; 30 streets, plus yards, alleys and vacant lots were cleaned and cleared of trash; 22 homes were repainted, re-roofed or rehabbed; 22 homes were landscaped; new siding was provided for one church; free wireless internet access was provided to 450 homes; and 100 neighborhood children were equipped with new notebook computers; and WHEREAS, this initiative also resulted in the gifting of IPS School #37 to the Martindale-Brightwood neighborhood to establish a new community center; now, therefore:

BE IT RESOLVED BY THE CITY-COUNTY COUNCIL OF THE CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA:

SECTION 1. The Indianapolis City-County Council proudly recognizes Paul Estridge and Company for their contributions in revitalizing the Martindale-Brightwood community through a partnership with “Extreme Makeover: Home Edition.” SECTION 2. The Council applauds the Estridge Company for not only working to rebuild a house, but also for rebuilding the community as a whole and providing necessary resources for the continued success of the neighborhood. SECTION 3. The Mayor is invited to join in this resolution by affixing his signature hereto. SECTION 4. This resolution shall be in full force and effect upon adoption and compliance with IC 36-3-4-14.

PROPOSAL NO. 205, 2009. The proposal, sponsored by Councillor Sanders, honors Dr. Michael Copper on the occasion of his retirement as Lawrence Township Superintendent of Schools. Councillor Sanders read the proposal and stated that she will present the document to Dr. Copper at a later date. She moved, seconded by Councillor Moriarty Adams, for adoption. Proposal No. 205, 2009 was adopted by a unanimous voice vote. Proposal No. 205, 2009 was retitled SPECIAL RESOLUTION NO. 19, 2009, and reads as follows:

CITY-COUNTY SPECIAL RESOLUTION NO. 19, 2009 A SPECIAL RESOLUTION honoring Dr. Michael Copper on the occasion of his retirement as Lawrence Township Superintendent of Schools

WHEREAS, Dr. Michael Copper has served the children of Indiana for the last 40 years as a Math teacher, Coach, Director of Student Services, Associate Principal, Principal, Associate Superintendent, and Superintendent; and

WHEREAS, in 1965 Dr. Copper hit 409 consecutive free-throws for a High School record that still

stands today, and in 2005 was inducted into the Indiana State University Hall of Fame; and WHEREAS, Dr. Copper continuously sought professional growth by serving as charter member,

president, chairman or member of many of the Educational Service Groups in the Midwest; and WHEREAS, Dr. Copper’s (also known as Dad and Pops) number one priority has always been his

40 year marriage to Suzanne, and his commitment to his two children Dr. Chad Copper (Nancy) and Mrs. Kristie Smith (Ryan), and his 3 (soon to be 4) grandsons (Caleb, Austin and Griffin); now, therefore:

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BE IT RESOLVED BY THE CITY-COUNTY COUNCIL OF THE

CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA: SECTION 1. The City County Council congratulates Dr. Copper on his most successful career in education and wishes him well as he steps into the next phase of his journey; SECTION 2. The Council honors the work he has accomplished and recognizes that his decisions were always made with integrity and fairness for all children. SECTION 3. The Mayor is invited to join in this resolution by affixing his signature hereto. SECTION 4. This resolution shall be in full force and effect upon adoption and compliance with IC 36-3-4-14.

PROPOSAL NO. 118, 2009. Councillor Vaughn reported that the Public Safety and Criminal Justice Committee heard Proposal No. 118, 2009 on May 6, 2009. The proposal, sponsored by Councillors Vaughn and Brown, appoints Robert L. Bingham to the Domestic Violence Fatality Review Team. By a 7-0 vote, the Committee reported the proposal to the Council with the recommendation that it do pass. Councillor Vaughn moved, seconded by Councillor Brown, for adoption. Proposal No. 118, 2009 was adopted on the following roll call vote; viz:

27 YEAS: Bateman, Brown, Cain, Cardwell, Cockrum, Day, Evans, Gray, Hunter, Lewis, Lutz, Mahern (B), Mahern (D), Malone, Mansfield, McHenry, McQuillen, Minton-McNeill, Moriarty Adams, Nytes, Oliver, Plowman, Sanders, Scales, Smith, Speedy, Vaughn 0 NAYS: 2 ABSENT: Coleman, Pfisterer

Proposal No. 118, 2009 was retitled COUNCIL RESOLUTION NO. 53, 2009, and reads as follows:

CITY-COUNTY COUNCIL RESOLUTION NO. 53, 2009 A COUNCIL RESOLUTION appointing Robert L. Bingham to the Domestic Violence Fatality Review Team.


SECTION 1. As a member of the Domestic Violence Fatality Review Team, the Council appoints:

Robert L. Bingham

SECTION 2. The appointment made by this resolution is for a term ending December 31, 2009. The person appointed by this resolution shall serve at the pleasure of the Council and for sixty (60) days after the expiration of such term or until such earlier date as successor is appointed and qualifies.

PROPOSAL NO. 135, 2009. Councillor Lutz reported that the Rules and Public Policy Committee heard Proposal No. 135, 2009 on May 12, 2009. The proposal, sponsored by Councillor Lutz, confirms the Mayor's nomination of Dan Ladendorf to the City-County Ethics Commission. By a 7-0 vote, the Committee reported the proposal to the Council with the recommendation that it do pass. Councillor Lutz moved, seconded by Councillor Scales, for adoption. Proposal No. 135, 2009 was adopted on the following roll call vote; viz:



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CITY-COUNTY COUNCIL RESOLUTION NO. 54, 2009 A COUNCIL RESOLUTION confirming Mayor Gregory A. Ballard’s nomination of Dan Ladendorf to the City-County Ethics Commission.

WHEREAS, pursuant to Sec. 293-332(a) of the “Revised Code of the Consolidated City and

County,” a City-County Ethics Board nomination is subject to confirmation by the City-County Council and the terms of the initial five (5) members of the ethics commission shall be staggered, as follows: one (1) term shall end on December 31, 2009; two (2) terms shall end on December 31, 2010; and, two (2) terms shall end on December 31, 2011; and

WHEREAS, at the time of the initial appointments, the Mayor shall indicate which initial term ends

on which date and each appointment thereafter shall be for a term of three (3) years ending on December 31; and

WHEREAS, the Office of the Mayor has submitted to this Council the name of Dan Ladendorf to serve an initial term as a member of the City-County Ethics Commission; now, therefore:

BE IT RESOLVED BY THE CITY-COUNTY COUNCIL OF THE CITY OF INDIANAPOLIS AND MARION COUNTY, INDIANA:

SECTION 1. Dan Ladendorf is hereby confirmed by the City-County Council to serve as a member of City-County Ethics Commission. SECTION 2. Dan Ladendorf’s term shall commence upon the passage of this resolution and expire on December 31, 2009, unless otherwise removed by the City-County Council under § 293-332(d). SECTION 3. This resolution shall be in full force and effect upon adoption and compliance with Ind. Code § 36-3-4-14.

Councillor Vaughn reported that the Public Safety and Criminal Justice Committee heard Proposal Nos. 151-153, 155, 156 and 161, 2009 on May 6, 2009. He asked for consent to vote on these proposals together. Consent was given. PROPOSAL NO. 151, 2009. The proposal, sponsored by Councillors Minton McNeill and Vaughn, appoints Linda Hogan to the Early Intervention Planning Council. PROPOSAL NO. 152, 2009. The proposal, sponsored by Councillor Vaughn, appoints Paul Mullin to the Board of Public Safety. PROPOSAL NO. 153, 2009. The proposal, sponsored by Councillor Vaughn, appoints Edward Bartkus to the Domestic Violence Fatality Review Team. PROPOSAL NO. 155, 2009. The proposal, sponsored by Councillor Vaughn, appoints K. Sue Leonard to the Domestic Violence Fatality Review Team. PROPOSAL NO. 156, 2009. The proposal, sponsored by Councillor Vaughn, appoints Tracy Lynn McQueen to the Domestic Violence Fatality Review Team. PROPOSAL NO. 161, 2009. The proposal, sponsored by Councillors Vaughn and Brown, appoints Alfarena Ballew to the Domestic Violence Fatality Review Team. By 7-0 votes, the Committee reported the proposals to the Council with the recommendation that they do pass. Councillor Vaughn moved, seconded by Councillor Plowman, for adoption. Proposal Nos. 151-153, 155, 156 and 161, 2009 were adopted on the following roll call vote; viz:


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CITY-COUNTY COUNCIL RESOLUTION NO. 55, 2009 A COUNCIL RESOLUTION appointing Linda Hogan to the Early Intervention Planning Council.


SECTION 1. As a member of the Early Intervention Planning Council, the Council appoints:

Linda Hogan SECTION 2. The appointment made by this resolution is for a term ending December 31, 2009. The person appointed by this resolution shall serve at the pleasure of the Council and for sixty (60) days after the expiration of such term or until such earlier date as successor is appointed and qualifies.


CITY-COUNTY COUNCIL RESOLUTION NO. 56, 2009 A COUNCIL RESOLUTION appointing Paul Mullin to the Board of Public Safety.


SECTION 1. As a member of the Board of Public Safety, the Council appoints:

Paul Mullin SECTION 2. The appointment made by this resolution is for a term ending December 31, 2009. The person appointed by this resolution shall serve at the pleasure of the Council and until a successor is appointed and qualified.


CITY-COUNTY COUNCIL RESOLUTION NO. 57, 2009 A COUNCIL RESOLUTION appointing Edward Bartkus to the Domestic Violence Fatality Review Team.



Edward Bartkus



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CITY-COUNTY COUNCIL RESOLUTION NO. 58, 2009 A COUNCIL RESOLUTION appointing K. Sue Leonard to the Domestic Violence Fatality Review Team.



K. Sue Leonard



CITY-COUNTY COUNCIL RESOLUTION NO. 59, 2009 A COUNCIL RESOLUTION appointing Tracy McQueen to the Domestic Violence Fatality Review Team.



Tracy McQueen



CITY-COUNTY COUNCIL RESOLUTION NO. 60, 2009 A COUNCIL RESOLUTION appointing Alfarena Ballew to the Domestic Violence Fatality Review Team.



Alfarena Ballew


PROPOSAL NO. 174, 2009. Councillor Lutz reported that the Rules and Public Policy Committee heard Proposal No. 174, 2009 on May 12, 2009. The proposal, sponsored by Councillor Lutz, confirms the mayor's nomination of Gary Roberts to the City-County Ethics Commission. By a 7-0 vote, the Committee reported the proposal to the Council with the

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recommendation that it do pass. Councillor Lutz moved, seconded by Councillor Cain, for adoption. Proposal No. 174, 2009 was adopted on the following roll call vote; viz:



CITY-COUNTY COUNCIL RESOLUTION NO. 61, 2009 A COUNCIL RESOLUTION confirming Mayor Gregory A. Ballard’s nomination of Gary Roberts to the City-County Ethics Commission.

WHEREAS, pursuant to Sec. 293-332(a) of the “Revised Code of the Consolidated City and

County,” a City-County Ethics Board nomination is subject to confirmation by the City-County Council and the terms of the initial five (5) members of the ethics commission shall be staggered, as follows: one (1) term shall end on December 31, 2009; two (2) terms shall end on December 31, 2010; and, two (2) terms shall end on December 31, 2011; and

WHEREAS, at the time of the initial appointments, the Mayor shall indicate which initial term ends

on which date and each appointment thereafter shall be for a term of three (3) years ending on December 31; and WHEREAS, the Office of the Mayor has submitted to this Council the name of Gary Roberts to serve an initial term as a member of the City-County Ethics Commission; now, therefore:


SECTION 1. Gary Roberts is hereby confirmed by the City-County Council to serve as a member of City-County Ethics Commission. SECTION 2. Gary Roberts’ term shall commence upon the passage of this resolution and expire on December 31, 2011, unless otherwise removed by the City-County Council under § 293-332(d). SECTION 3. This resolution shall be in full force and effect upon adoption and compliance with Ind. Code § 36-3-4-14.

PROPOSAL NO. 183, 2009. Councillor Smith reported that the Metropolitan Development Committee heard Proposal No. 183, 2009 on May 11, 2009. The proposal, sponsored by Councillor Smith, appoints Matthew Symons to the Metropolitan Board of Zoning Appeals, Division I. By a 7-0 vote, the Committee reported the proposal to the Council with the recommendation that it do pass. Councillor Smith moved, seconded by Councillor Day, for adoption. Proposal No. 183, 2009 was adopted on the following roll call vote; viz:



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CITY-COUNTY COUNCIL RESOLUTION NO. 62, 2009 A COUNCIL RESOLUTION appointing Matthew Symons to the Metropolitan Board of Zoning Appeals, Division I.


SECTION 1. As a member of the Metropolitan Board of Zoning Appeals, Division I, the Council appoints:

Matthew Symons SECTION 2. The appointment made by this resolution is for a term ending December 31, 2009. The person appointed by this resolution shall serve at the pleasure of the Council and until a successor is appointed and qualified.

INTRODUCTION OF PROPOSALS

PROPOSAL NO. 185, 2009. Introduced by Councillor McQuillen. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which approves a form of amendment to the Lease of certain secondary jail facilities with Building Authority and authorizes the execution of such amendment , the issuance of refunding bonds by the Authority, and related matters"; and the President referred it to the Administration and Finance Committee. PROPOSAL NO. 186, 2009. Introduced by Councillor McQuillen. The Clerk read the proposal entitled: "A Proposal for a General Resolution which approves the issuance of refunding bonds of the Indianapolis Public Transportation Corporation and certain special taxing districts "; and the President referred it to the Administration and Finance Committee. PROPOSAL NO. 187, 2009. Introduced by Councillor Hunter. The Clerk read the proposal entitled: "A Proposal for a Fiscal Ordinance which approves an appropriation of $42,100 in the 2009 Budget of the Department of Metropolitan Development (Federal Grants Fund) to fund various historic preservation commission initiatives in the Irvington neighborhood, funded by a Preserve America Grant through the U.S. Department of Interior"; and the President referred it to the Metropolitan Development Committee. PROPOSAL NO. 188, 2009. Introduced by Councillors Lewis and Evans. The Clerk read the proposal entitled: "A Proposal for a Fiscal Ordinance which approves an appropriation of $892,344 in the 2009 Budget of the Department of Metropolitan Development (State Grants and Redevelopment Funds) to fund the repayment of a revolving loan on the Riverside Brownfield project, extension of Intech Boulevard in a Certified Technology Park, and to assist with site improvements at the Lafayette Square Mall consistent with Community Revitalization Enhancement District (CRED) guidelines"; and the President referred it to the Metropolitan Development Committee. PROPOSAL NO. 189, 2009. Introduced by Councillor MahernB. The Clerk read the proposal entitled: "A Proposal for a Fiscal Ordinance which approves an appropriation of $7,118,000 in the 2009 Budget of the Department of Metropolitan Development (Federal Grants Fund) to provide rental assistance, security and utility deposit payments, housing search and placement and other activities associated with homelessness prevention and to develop and provide affordable rental housing and create economic opportunities primarily for people with low-to moderate

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incomes, financed by federal stimulus funds for homelessness prevention and community development block grants (CDBG) and an available line of credit rollover in the HOME fund with the U.S. Department of Housing and Urban Development (HUD)"; and the President referred it to the Metropolitan Development Committee. PROPOSAL NO. 190, 2009. Introduced by Councillors Pfisterer and MahernB. The Clerk read the proposal entitled: "A Proposal for a Fiscal Ordinance which approves an appropriation of $24,236,000 in the 2009 Budget of the Department of Metropolitan Development (Federal Grants Fund) to purchase foreclosed and abandoned housing and to develop, rehabilitate, rent or resell such housing in order to stabilize neighborhoods and stem the decline of housing values, financed by Housing and Urban Development (HUD) as part of the Neighborhood Stabilization Program (NSP)"; and the President referred it to the Metropolitan Development Committee. PROPOSAL NO. 191, 2009. Introduced by Councillors Cain and Day. The Clerk read the proposal entitled: "A Proposal for a Council Resolution which appoints Mary L. Ellingson to the Indianapolis Greenways Development Committee"; and the President referred it to the Parks and Recreation Committee. PROPOSAL NO. 192, 2009. Introduced by Councillors Day, McQuillen and Brown. The Clerk read the proposal entitled: "A Proposal for a Fiscal Ordinance which approves a transfer of $215,430 in the 2009 Budget of the Department of Parks and Recreation (Parks Fund) to purchase pool chemicals"; and the President referred it to the Parks and Recreation Committee. PROPOSAL NO. 193, 2009. Introduced by Councillor Vaughn. The Clerk read the proposal entitled: "A Proposal for a Council Resolution which appoints Sheila Carlisle to the Domestic Violence Fatality Review Team"; and the President referred it to the Public Safety and Criminal Justice Committee. PROPOSAL NO. 194, 2009. Introduced by Councillors Moriarty Adams and Pfisterer. The Clerk read the proposal entitled: "A Proposal for a Fiscal Ordinance which approves an appropriation of $90,000 in the 2009 Budget of the Marion Superior Court (Local Grants and Drug Free Community Funds) to provide technical and research assistance, juvenile justice system strategy sessions, supplies, a community court recidivism study and alcohol and drug treatment for community court defendants"; and the President referred it to the Public Safety and Criminal Justice Committee. PROPOSAL NO. 195, 2009. Introduced by Councillors Vaughn, Moriarty Adams and Scales. The Clerk read the proposal entitled: "A Proposal for a Fiscal Ordinance which approves a transfer and additional appropriation of $410,000 in the 2009 Budgets of the Department of Public Safety and Indianapolis Metropolitan Police Department (Federal Grants and Federal Law Enforcement Funds) to fund a contract with Health and Hospital Corporation related to the Urban Area Security Initiative and to conduct investigations into dog fighting and potential fraud cases related to the Supplemental Nutrition Assistance Program"; and the President referred it to the Public Safety and Criminal Justice Committee. PROPOSAL NO. 196, 2009. Introduced by Councillor Vaughn. The Clerk read the proposal entitled: "A Proposal for a Fiscal Ordinance which approves an appropriation of $5,927,001 in the 2009 budgets of various city departments and county agencies to implement public safety, criminal justice and job creation programs under the Edward Byrne Memorial Justice Assistance Grant (JAG) program, funded with stimulus dollars through the Economic Recovery Act"; and the President referred it to the Public Safety and Criminal Justice Committee.


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PROPOSAL NO. 197, 2009. Introduced by Councillor Hunter. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which authorizes a multi-way stop at the intersection of Bolton Avenue and Lowell Avenue (District 21)"; and the President referred it to the Public Works Committee. PROPOSAL NO. 198, 2009. Introduced by Councillor Plowman. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which authorizes intersection controls at Lakeland Trails Boulevard and Ridge Harvest Lane and Lakeland Trails Boulevard and Silver Lake Place (District 25)"; and the President referred it to the Public Works Committee. PROPOSAL NO. 199, 2009. Introduced by Councillor Plowman. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which authorizes intersection controls in the Greythorne subdivision, Sections 2 and 3 (District 25) "; and the President referred it to the Public Works Committee. PROPOSAL NO. 200, 2009. Introduced by Councillor Hunter. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which authorizes intersection controls in the Mayfair Village subdivision, Section 1 (District 21)"; and the President referred it to the Public Works Committee. PROPOSAL NO. 201, 2009. Introduced by Councillors Minton McNeill and MahernD. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which authorizes a change in parking meters on the south side of Washington Street by the new JW Marriott Hotel being constructed on the southwest corner of Washington and West Streets (Districts 15 and 19)"; and the President referred it to the Public Works Committee. PROPOSAL NO. 202, 2009. Introduced by Councillor Evans. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which amends Chapter 511, Air Pollution Control, of the Revised Code to formally codify noxious odor emission standards and to regulate noxious odor emissions in Indianapolis and Marion County"; and the President referred it to the Public Works Committee. PROPOSAL NO. 203, 2009. Introduced by Councillor Cockrum. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which amends Chapter 151 of the Revised Code to add a new council rules with respect to procedures for reviewing tax rates, levies and budgets of certain taxing units"; and the President referred it to the Rules and Public Policy Committee.

SPECIAL ORDERS - PRIORITY BUSINESS PROPOSAL NO. 206, 2009. Introduced by Councillor Smith. Proposal No. 206, 2009 is a proposal for Rezoning Ordinance certified by the Metropolitan Development Commission on May 7, 2009. The President called for any motions for public hearing on this zoning map change. There being no motions for public hearing, the proposed ordinance, pursuant to IC 36-7-4-608, took effect as if adopted by the City-County Council, was retitled for identification as REZONING ORDINANCE NO. 45, 2009, the original copy of which ordinance is on file with the Metropolitan Development Commission, which was certified as follows:

REZONING ORDINANCE NO. 45, 2009. 2009-ZON-003 761 HAUGH STREET (Approximate Address), INDIANAPOLIS

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WAYNE TOWNSHIP, COUNCIL DISTRICT # 14 FREDERICK ANDREWS requests rezoning of 0.1 acre, from the I-2-U (W-5) District, to the D-5 (W-5) classification to legally establish residential uses.

SPECIAL ORDERS - PUBLIC HEARING

Councillor Vaughn reported that the Public Safety and Criminal Justice Committee heard Proposal Nos. 162 and 163, 2009 on May 6, 2009. He asked for consent to vote on these proposals together. Consent was given. PROPOSAL NO. 162, 2009. The proposal, sponsored by Councillors Vaughn and Moriarty Adams, appropriates $70,691 in the 2009 Budget of the Public Defender Agency (Federal Grants Fund) for salaries and benefits of a juvenile master social worker, reclassification of two program coordinator positions and computer and telephone expenses for these positions. PROPOSAL NO. 163, 2009. The proposal, sponsored by Councillor Vaughn, appropriates $864,484 in the 2009 Budget of the Marion County Prosecutor (Federal and State Grants Funds) as the result of grant awards not originally anticipated during the 2009 budget process. By 7-0 votes, the Committee reported the proposals to the Council with the recommendation that they do pass. Councillor Sanders asked if any of these funds are stimulus dollars that were not anticipated grants. Councillor Vaughn said that his recollection is that some of those grants were money the Indiana Criminal Justice Institute received through that program, but he is not sure which ones. Councillor Sanders asked if she can get a breakdown of what money went to gang prevention. Councillor Vaughn said that an exhibit was provided to committee members. He does not have it with him tonight, but can provide it to Councillor Sanders. Councillor Lewis stated that if some of these funds for Proposal No. 163, 2009 are coming from the Indiana Criminal Justice Institute, she will need to abstain from voting to avoid the appearance of a conflict of interest. Consent was given to abstain. President Cockrum called for public testimony at 7:38 p.m. There being no one present to testify, Councillor Vaughn moved, seconded by Councillor McQuillen, for adoption. Proposal Nos. 162, 2009 was adopted on the following roll call vote; viz:


Proposal No. 162 2009 was retitled FISCAL ORDINANCE NO. 13, 2009, and reads as follows:

CITY-COUNTY FISCAL ORDINANCE NO. 13, 2009 A FISCAL ORDINANCE amending the City-County Annual Budget for 2009 (City-County Fiscal Ordinance No. 54, 2008) by appropriating Seventy Thousand Six Hundred Ninety-One Dollars ($70,691) in the Federal Grants Fund for purposes of the Marion County Public Defender Agency and reducing other accounts, where applicable.

BE IT ORDAINED BY THE CITY-COUNTY COUNCIL OF THE CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA:

SECTION 1. To provide for expenditures the necessity for which has arisen since the adoption of the annual budget, Section 1.06(b) of the City-County Annual Budget for 2009 be, and is hereby, amended by the increases and reductions hereinafter stated for purposes of the Marion County Public Defender Agency


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to fund the following: the salary and benefits of a Juvenile Master Social Worker ($52,000), the reclassification of two Program Coordinator positions ($13,041), and computer and telephone expenses for these positions ($5,650) as part of the Juvenile and Adult Alternative Placement Program, financed by a grant from the Indiana Criminal Justice Institute. SECTION 2. The sum of Seventy Thousand Six Hundred Ninety-One Dollars ($70,691) be, and the same appropriated for the purposes as shown in Section 3 by reducing the accounts as shown in Section 4, where applicable. SECTION 3. The following increased appropriation is hereby approved: MARION COUNTY PUBLIC DEFENDER AGENCY FEDERAL GRANTS FUND 1. Personal Services 65,041 2. Supplies 0 3. Other Services and Charges 5,650 4. Capital Outlay 0 TOTAL INCREASE 70,691 SECTION 4. The said increased appropriation is funded by grant revenues, not previously appropriated, that will be deposited into the following fund:

FEDERAL GRANTS FUND Grant revenues supporting the appropriations in Section 3 70,691 70,691 SECTION 5. There is a local match of $106,037 as part of the Adult Alternative Placement Program grant. This match has been already accounted for in the Marion County Public Defender Agency’s 2009 County General Fund appropriations. This grant involves four full-time FTE’s, which are within the 2009 authorized strength for the Marion County Public Defender Agency. SECTION 6. Except to the extent of matching funds approved in the ordinance, the council does not intend to use the revenues from any local tax regardless of source to supplement or extend the appropriations for the agencies or projects authorized by this ordinance. The supervisor of the agency or project, or both, and the controller are directed to notify in writing the city-county council immediately upon receipt of any information that the agency or project is, or may be, reduced or eliminated. SECTION 7. This ordinance shall be in full force and effect upon adoption and compliance with IC 36-3-4-14.

Proposal No. 163, 2009 was adopted on the following roll call vote; viz:

26 YEAS: Bateman, Brown, Cain, Cardwell, Cockrum, Day, Evans, Gray, Hunter, Lutz, Mahern (B), Mahern (D), Malone, Mansfield, McHenry, McQuillen, Minton-McNeill, Moriarty Adams, Nytes, Oliver, Plowman, Sanders, Scales, Smith, Speedy, Vaughn 0 NAYS: 1 NOT VOTING: Lewis 2 ABSENT: Coleman, Pfisterer

Proposal No. 163, 2009 was retitled FISCAL ORDINANCE NO. 14, 2009, and reads as follows:

CITY-COUNTY FISCAL ORDINANCE NO. 14, 2009 A FISCAL ORDINANCE amending the City-County Annual Budget for 2009 (City-County Fiscal Ordinance No. 54, 2008) by appropriating Two Hundred Seventy-Seven Thousand Three Hundred Thirty-Four Dollars ($277,334) in the Federal Grants Fund and Five Hundred Eighty-Seven Thousand One Hundred Fifty Dollars ($587,150) in the State Grants Fund for purposes of the Marion County Prosecutor’s Office and reducing other accounts, where applicable.


SECTION 1. To provide for expenditures the necessity for which has arisen since the adoption of the annual budget, Section 1.06(c) of the City-County Annual Budget for 2009 be, and is hereby, amended by

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the increases and reductions hereinafter stated for purposes of the Marion County Prosecutor’s Office to provide for the full appropration of federal and state grants that were not originally anticipated during the formation of the 2009 budget or have increased in the amount awarded since the adoption of the 2009 budget. SECTION 2. The sum of Eight Hundred Sixty-Four Thousand Four Hundred Eighty-Four Dollars ($864,484) be, and the same appropriated for the purposes as shown in Section 3 by reducing the accounts as shown in Section 4, where applicable. SECTION 3. The following increased appropriation is hereby approved: MARION COUNTY PROSECUTOR FEDERAL GRANTS FUND 1. Personal Services 0 2. Supplies 8,020 3. Other Services and Charges 229,512 4. Capital Outlay 39,802 TOTAL INCREASE 277,334 MARION COUNTY PROSECUTOR STATE GRANTS FUND 1. Personal Services 518,751 2. Supplies 10,223 3. Other Services and Charges 44,210 4. Capital Outlay 13,966 TOTAL INCREASE 587,150 SECTION 4. The said increased appropriation is funded by grant revenues that will be deposited into the following fund: FEDERAL GRANTS FUND Grant revenues supporting the appropriations in Section 3 277,334 277,334 STATE GRANTS FUND Grant revenues supporting the appropriations in Section 3 587,150 587,150 SECTION 5. There is no local match required for any of the grant awards that are part of the proposed increase in the appropriation authority. SECTION 6. Except to the extent of matching funds approved in the ordinance, the council does not intend to use the revenues from any local tax regardless of source to supplement or extend the appropriations for the agencies or projects authorized by this ordinance. The supervisor of the agency or project, or both, and the controller are directed to notify in writing the city-county council immediately upon receipt of any information that the agency or project is, or may be, reduced or eliminated. SECTION 7. This ordinance shall be in full force and effect upon adoption and compliance with IC 36-3-4-14.

SPECIAL ORDERS - FINAL ADOPTION

PROPOSAL NO. 83, 2009. Councillor Hunter reported that the Public Works Committee heard Proposal No. 83, 2009 on March 12, April 23 and May 14, 2009. The proposal, sponsored by Councillors Hunter and Moriarty Adams, amends the Code to make towing and storage fees for abandoned vehicles consistent with the franchise fees for towing and storage charged by franchise wreckers. By a 9-0 vote, the Committee reported the proposal to the Council with the recommendation that it do pass as amended.


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Councillor Hunter made the following motion:

Mr. President: I respectfully move that the opening paragraph and Sec. 611-307 (b) of Proposal No. 83, 2009 be amended by substitution to read as follows: PROPOSAL FOR A GENERAL ORDINANCE to amend the Revised Code of the Consolidated City and County to allow the abandoned vehicle towing and storage fees to match the fees set out in the contract between the metropolitan law enforcement agency and the franchise wreckers.

- AND- Sec. 611-307. Towing and storage charges. (b) Except as specified in subsection (a) above, an owner or lien holder who claims a vehicle removed and stored by the department of public works shall be charged a twenty-five dollar ($25.00) towing fee and ten dollars ($10.00) per day storage fee. a towing fee consistent with the towing fee set out in the contract entered into between the metropolitan law enforcement agency and the franchised wreckers. The storage fee shall be consistent with the storage fee set out in the contract entered into between the metropolitan law enforcement agency and the franchised wreckers. The storage fee shall be allowed to accumulate for a maximum period of sixty (60) days.

Councillor Smith seconded the motion. Councillor Lutz asked to abstain in order to avoid the appearance of a conflict, as he represents the towing company in his law firm. Consent given. Councillor Oliver asked what the current towing fees are. Councillor Hunter said that they are $65 for one contractor and $25 for another, and the storage on abandoned contracts cost $10 a day on one contract and $15 a day for the other. He said that they are not voting on a dollar amount, but are just trying to create parity. Proposal No. 83, 2009 was amended by a voice vote. Councillor Vaughn asked if the towing fees are different for the Sheriff’s Department. Councillor Hunter said that since they consolidated, the plan is that they all go through the Office of Code Enforcement to create consistency. Councillor Hunter moved, seconded by Councillor Cain, for adoption. Proposal No. 83, 2009, as amended, was adopted on the following roll call vote; viz:

26 YEAS: Bateman, Brown, Cain, Cardwell, Cockrum, Day, Evans, Gray, Hunter, Lewis, Mahern (B), Mahern (D), Malone, Mansfield, McHenry, McQuillen, Minton-McNeill, Moriarty Adams, Nytes, Oliver, Plowman, Sanders, Scales, Smith, Speedy, Vaughn 0 NAYS: 1 NOT VOTING: Lutz 2 ABSENT: Coleman, Pfisterer

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Proposal No. 83, 2009, as amended, was retitled GENERAL ORDINANCE NO. 40, 2009, and reads as follows:

CITY-COUNTY GENERAL ORDINANCE NO. 40, 2009 PROPOSAL FOR A GENERAL ORDINANCE to amend the Revised Code to allow the abandoned vehicle towing and storage fees to match the fees set out in the contract between the metropolitan law enforcement agency and the franchise wreckers.

BE IT ORDAINED BY THE CITY-COUNCIL OF THE CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA

SECTION 1. Section 611–307 of the “Revised Code of the Consolidated City and County” regarding towing and storage charges hereby is amended by the deletion of the language that is stricken –through, and by addition of the language that is underscored, to read as follows: Sec. 611-307. Towing and storage charges.

(a) An owner or lienholder who claims a vehicle impounded and declared abandoned by the metropolitan law enforcement agency shall be charged a towing fee and a per-day storage fee consistent with the provisions of the contract entered into between the metropolitan law enforcement agency and franchised wreckers as provided in article II of this chapter.

(b) Except as specified in subsection (a) above, an owner or lien holder who claims a vehicle

removed and stored by the department of public works shall be charged a twenty-five dollar ($25.00) towing fee and ten dollars ($10.00) per day storage fee. a towing fee consistent with the towing fee set out in the contract entered into between the metropolitan law enforcement agency and the franchised wreckers. The storage fee shall be consistent with the storage fee set out in the contract entered into between the metropolitan law enforcement agency and the franchised wreckers. The storage fee shall be allowed to accumulate for a maximum period of sixty (60) days. SECTION 2. The expressed or implied repeal or amendment by this ordinance or any other ordinance or part of any other ordinance does not affect any rights or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date of this ordinance. Those rights, liabilities and proceedings are continued, and penalties shall be imposed and enforced under the repealed or amended ordinance as if this ordinance had not been adopted. SECTION 3. Should any provision (section, paragraph, sentence, clause, or any other portion) of this ordinance be declared by a court of competent jurisdiction to be invalid for any reason, the remaining provision or provisions shall not be affected, if and only if such remaining provisions can, without the invalid provision or provisions, be given the effect intended by the Council in adopting this ordinance. To this end the provisions or this ordinance are severable. SECTION 4. This ordinance shall be in effect from and after its passage by the Council and compliance with Ind. Code § 36-3-4-14.

PROPOSAL NO. 122, 2009. Councillor Vaughn reported that the Public Safety and Criminal Justice Committee heard Proposal No. 122, 2009 on April 15 and May 6, 2009. The proposal, sponsored by Councillors Vaughn and Hunter, transfers the park rangers division from the department of parks and recreation to the Indianapolis Metropolitan Police Department of the department of public safety. By a 7-0 vote, the Committee reported the proposal to the Council with the recommendation that it do pass as amended. Councillor Sanders stated that she is confused, because she thought the action in the budget took care of this consolidation. Councillor Hunter said that the legal authority still remained under the Parks Department Director. Councillor Sanders said that this raises a concern for her that IMPD had no authority over Park Rangers in a park, and a park ranger’s direction prevails in a park setting. Councillor Hunter said that this is correct, and both officers have the same authority, and this amendment would actually create parity in the training. Councillor Vaughn asked if there is any distinction between an IMPD officer and a Department of Natural Resources (DNR) park


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officer. Councillor Hunter said that a DNR Park Ranger would then have jurisdiction. Councillor Sanders said that this was specific to a county park ranger. Councillor Gray asked if the park rangers will ever find a permanent home, instead of being bandied back and forth. President Cockrum said that he believes that is the intent of this proposal. Councillor Vaughn moved, seconded by Councillor Hunter, for adoption. Proposal No. 122, 2009, as amended, was adopted on the following roll call vote; viz:

26 YEAS: Bateman, Brown, Cain, Cardwell, Cockrum, Day, Evans, Gray, Hunter, Lewis, Lutz, Mahern (B), Mahern (D), Malone, Mansfield, McHenry, McQuillen, Minton-McNeill, Nytes, Oliver, Plowman, Sanders, Scales, Smith, Speedy, Vaughn 0 NAYS: 1 NOT VOTING: Moriarty Adams 2 ABSENT: Coleman, Pfisterer

Councillor Gray said that when doing this before, there were problems with park rangers out in the neighborhood writing tickets and making arrests. He asked if they are a part of IMPD. Councillor Hunter said that the intent is to make them full IMPD officers, but they are assigned to parks areas. Proposal No. 122, 2009, as amended, was retitled GENERAL ORDINANCE NO. 41, 2009, and reads as follows:

CITY-COUNTY GENERAL ORDINANCE NO. 41, 2009 PROPOSAL FOR A GENERAL ORDINANCE to amend the Revised Code to transfer the park rangers division from the department of parks and recreation to the Indianapolis metropolitan police department of the department of public safety.


SECTION 1. Section 241-203 of the "Revised Code of the Consolidated City and County," regarding divisions of the department of parks and recreation, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 241-203. Divisions.

The department of parks and recreation shall be composed of the following divisions:

(1) Administration division; (2) Park maintenance division; (3) Community recreation division; (4) Golf division; (5) Greenways division; (6) Park rangers division; (76) Resource development division; (87) Environmental and interpretive services division; and, (98) Sports and special revenue facilities division.

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SECTION 2. Section 241-306 of the "Revised Code of the Consolidated City and County," regarding the park rangers division of the department of parks and recreation, hereby is REPEALED. SECTION 3. Article II of Chapter 279 of the "Revised Code of the Consolidated City and County," regarding the organization of the Indianapolis Metropolitan Police Department, hereby is amended by the addition of a NEW Division 6 regarding park rangers, to read as follows:

DIVISION 6. PARK RANGERS Sec. 279-261. Created; duties and responsibilities.

(a) There is hereby created a branch of the Indianapolis metropolitan police department to be known as the park rangers division, which branch shall be under the direction and command of the chief or his or her designee.

(b) The park rangers division shall:

(1) Provide for the safety and security of all park and recreation facilities, services, and customers of the city department of parks and recreation;

(2) Manage the park ranger program; (3) Manage the park ranger weed & seed program; (4) Develop and manage educational safety programs for the department of parks and recreation; (5) Develop, manage and execute safety policy and procedures at park and recreation facilities of the

department of parks and recreation; (6) Implement and manage OSHA standards and monitor compliance in the department of parks and

recreation; (7) Enforce state statutes, city ordinances and rules of the department of parks and recreation on

properties owned by the department of parks and recreation; (8) Develop and perform environmental and safety programs for school and civic groups; (9) Develop and implement community policing strategies for properties owned by the

department of parks and recreation; and (10) Perform such other duties and responsibilities as may be assigned by the chief.

Sec. 279-262. Administration; uniform and insignia.

(a) Members of the park rangers division shall be appointed by the chief. The administrative policies of the park rangers division, as well as the supervision, promotion, and discipline of members of the division, shall be established and administered by the chief or his or her designee by the adoption of rules and regulations governing the same.

(b) All manner of uniform, badge, insignia, equipment and other identifying characteristics of the

park rangers division shall be designed and established by the chief, subject to the approval of the director of the department of public safety.

Sec. 279-263. Eligibility for appointment; application and examinations.

(a) Any citizen of the United States who is a resident of the county and who is not younger than twenty-one (21) nor older than sixty-five (65) years of age shall be eligible to make application to become a member of the park rangers division. Applicants shall make application in the form and manner and undergo such physical and academic examinations and interviews as the chief shall require.

(b) No person shall be Persons appointed to the park rangers division of the Indianapolis Metropolitan Police Department (IMPD) until he or she has shall completed the IMPD Law Enforcement Training Board Academy, within one year of hiring and serve a training and probationary period specified by the chief, except those persons transferring to the park rangers division from a recognized police agency or association with a LETB Certification. Current officers appointed to the park rangers division prior to this section’s passage into law shall be grandfathered at the discretion of the Public


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Safety Director. Persons appointed in the park rangers division shall adhere to the annual in-service requirements under Indiana Administrative Code governed by the Indiana Law Enforcement Training Board.

Sec. 279-264. Conferral of police powers.

Members of the park rangers division shall have the same police powers as regular members of the metropolitan law enforcement agency pursuant to Section 279-223 of the Code, subject to such limitations as the chief may establish by adopting rules and regulations governing the same, and further subject to the approval of the director of the department of public safety. Sec. 279-265. Qualifications; mandatory retirement age; termination procedure.

(a) A member of the park rangers division may not be a member of any regular police force.

(b) Members of the park rangers division may serve from their appointment until reaching the mandatory retirement age of seventy (70) years, or until terminated pursuant to subsection (c) of this section.

(c) Any member of the park rangers division may be terminated by the chief for any reason after

consultation with the director of the department of public safety.

Sec. 279-266. Unlawful impersonation of a park ranger.

It shall be a violation of this code for a person to wear a uniform, badge or insignia of the park rangers division, or hold himself or herself out to be a member of the park rangers division, unless that person has been duly appointed and sworn as provided by Section 279-262 of the code. SECTION 4. Notwithstanding any provision of this ordinance to the contrary, the provisions of this SECTION shall govern the transfer of the park rangers division from the department of parks and recreation to the Indianapolis metropolitan police department.

(a) The park rangers division of the department of parks and recreation shall, on the effective date of this ordinance, be transferred to the Indianapolis metropolitan police department and shall constitute the park rangers division created under SECTION 3 of this ordinance, subject thereafter to all the rights and responsibilities provided in NEW Division 6 of Chapter 279, Article II of the code.

(b) The members of the park rangers division of the department of parks and recreation shall, on the effective date of this ordinance, cease to be employees of the department of parks and recreation and shall become employees of the Indianapolis metropolitan police department as provided in SECTION 3 of this ordinance. Such members retain their law enforcement powers and their status as sworn officers throughout the process of the transfer of the park rangers division; therefore, such members shall not need to take an additional oath of office to perform their duties as employees of the Indianapolis metropolitan police department.

(c) Such transferred members shall retain credit for all purposes for their length of service in the

park rangers division prior to the transfer; however, no member shall be entitled to retain his or her appointed rank of corporal, sergeant, lieutenant, captain, or major. Members with one of these appointed ranks shall, on the effective date of this ordinance, serve at the pleasure of the director of the department of public safety, and may be reassigned to the rank of ranger without cause.

(d) The Indianapolis metropolitan police department shall assume all labor agreements that are in

effect on the effective date of this ordinance with respect to such transferred members. SECTION 5. The expressed or implied repeal or amendment by this ordinance of any other ordinance or part of any other ordinance does not affect any rights or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date of this ordinance. Those rights, liabilities, and proceedings are continued, and penalties shall be imposed and enforced under the repealed or amended ordinance as if this ordinance had not been adopted. SECTION 6. Should any provision (section, paragraph, sentence, clause, or any other portion) of this ordinance be declared by a court of competent jurisdiction to be invalid for any reason, the remaining provision or provisions shall not be affected, if and only if such remaining provisions can, without the invalid provision or provisions, be given the effect intended by the Council in adopting this ordinance. To this end the provisions of this ordinance are severable.

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SECTION 7. This ordinance shall be in effect from and after its passage by the Council and compliance with Ind. Code § 36-3-4-14.

PROPOSAL NO. 130, 2009. Councillor Hunter reported that the Public Works Committee heard Proposal No. 130, 2009 on April 23 and May 14, 2009. The proposal, sponsored by Councillor Gray, establishes a 25 mph speed limit on Illinois Street between 29th Street and 32nd Street (District 8). By a 9-0 vote, the Committee reported the proposal to the Council with the recommendation that it do pass as amended. Councillor Nytes said that the Children’s Museum does not close until 5:00 p.m., and asked if it should be amended past 4:30 p.m. Councillor Hunter said that he would gladly send the proposal back to committee to discuss this. Councillor Cockrum asked if it typical school zones are in effect from 8:30 a.m. to 4:30 p.m. Councillor Hunter said that this is correct. Anthony Bridgman, Childrens Museum of Indianapolis, said that he would like it extended to 5:30 p.m. if possible. He said that they close at 5:00 p.m., and if it is extended to 5:30 p.m., that would be acceptable to him. Jeff Roeder, DPW, said that the department is amenable to try and work it out with Councillor Gray and museum, but they tried to provide consistency with school zones by ending the time frame at 4:30 p.m. Councillor Sanders moved to suspend the Rules in order to make an amendment verbally to effect a change in the speed limit time zone. Councillor Gray seconded the motion, and it carried by a unanimous voice vote. Councillor Hunter moved, seconded by Councillor Cardwell, to amend the ending time from 4:30 p.m. to 5:30 p.m. The motion carried by a voice vote, with Councillor Malone casting a negative vote. Councillor Scales said that the original reason for keeping the time limit to 4:30 p.m. was traffic flow during afteroon rush hour. She said that at that time of day, most large school groups have already left the museum and this was discussed in committee. Councillor Hunter said that it was discussed in committee, but the discussion was more about consistency with the school zone language. Councillor Gray said that with the museum closing at 5:00 p.m., and with rush hour at the same time, extending it makes sense to keep guests and employees safe. Councillor B. Mahern added that there was also discussion about neighborhood children walking to and from the museum, which might occur at that exact time. . Councillor Malone asked what streets are affected by this speed zone. Councillor Hunter said that the zone only affects Illinois Street. Councillor D. Mahern said that he supports the proposal for the safety of children and adults, alike, and it should not cause a huge traffic problem for cars to have to slow down for three blocks. Councillor Oliver asked if the dismissal time for the museum is consistentently 5:00 p.m. Mr. Bridgman said that it is. Councillor Oliver said that he also supports the proposal for the safety of children. Councillor Hunter moved, seconded by Councillor Moriarty Adams, for adoption. Proposal No. 130, 2009, as amended, was adopted on the following roll call vote; viz:


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Proposal No. 130, 2009 was retitled GENERAL ORDINANCE NO. 42, 2009, and reads as follows:

CITY-COUNTY GENERAL ORDINANCE NO. 42, 2009 A GENERAL ORDINANCE establishing a 25 mph speed limit on Illinois Street between 29th Street and 32nd Street.


SECTION 1. The Revised Code of the Consolidated City and County, specifically Sec. 441-323, Alteration of prima facie speed limits, be, and the same is hereby amended by the addition of the following, to wit:

Illinois Street, from Twenty-ninth Street to Thirty-second Street 25 MPH between the hours of 8:30 A.M. and 5:30 P.M.

SECTION 2. This resolution shall be in full force and effect upon adoption and compliance with IC 36-3-4-14.

PROPOSAL NO. 136, 2009. Councillor Lutz reported that the Rules and Public Policy Committee heard Proposal No. 136, 2009 on April 21 and May 12, 2009. The proposal, sponsored by Councillor Cockrum, amends the Code with respect to appropriations of funds from federal stimulus grants. By a 7-0 vote, the Committee reported the proposal to the Council with the recommendation that it do pass as amended. Councillor Nytes said that it concerns her when the appropriation process is not used. When they do not have something show up as an appropriation, over time, there is no assurance to track things if not tied to appropriations. President Cockrum said that these items will still go to committee, but will not be introduced first. They will go to committee without introduction and be handled the economic development bonds. Councillor Nytes asked if they will still show up as an appropriation at the end of the year in the accounting system. David Reynolds, City Controller, said that they will. Councillor Nytes asked if they are open for public hearing. President Cockrum said that the public hearing will be at the committee level. Councillor Nytes asked if the proposals are not introduced properly, how the public will know the items are up for discussion at the committee. President Cockrum said that committee agendas are posted a week in advance. Councillor Lutz added that these projects are federal stimulus projects and the guidelines are very specific as to what the dollars can be used for. He said that he shares some of Councillor Nytes’ concerns, but with so many strings attached, he feels some leeway is needed. Councillor Lutz moved, seconded by Councillor McQuillen, for adoption. Proposal No. 136, 2009 was adopted on the following roll call vote; viz:

23 YEAS: Bateman, Brown, Cain, Cardwell, Cockrum, Day, Gray, Hunter, Lewis, Lutz, Mahern (B), Mahern (D), Malone, Mansfield, McHenry, McQuillen, Moriarty Adams, Oliver, Plowman, Scales, Smith, Speedy, Vaughn 4 NAYS: Evans, Minton-McNeill, Nytes, Sanders 0 NOT VOTING: 2 ABSENT: Coleman, Pfisterer

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CITY-COUNTY GENERAL ORDINANCE NO. 43, 2009 A PROPOSAL FOR A GENERAL ORDINANCE amends the Revised Code of the Consolidated City and County with respect to appropriations of funds from federal stimulus grants.


SECTION 1. Article III of Chapter 181 of the Revised Code of the Consolidated City and County be, and is hereby, amended by deleting the stricken-through text and inserting the underlined text, to read as follows:

ARTICLE III. APPROPRIATIONS Sec. 181-301. Definitions.

As used in this article, the following terms shall have the meanings ascribed to them in this section.

Distribution means the act of transferring receipts among funds or taxing units as required or permitted by law without appropriation.

Pay or payment means the act of disbursing money to any person or firm other than

intergovernmental fund settlements. Public fund means and includes any and all money in possession of the city or county for any

purpose except the following:

(1) Money received gratuitously from private persons for designated payments not directly affecting governmental operation;

(2) Money received from nongovernmental sources and held in trust for specified uses; or (3) Direct federal grant for capital equipment to be purchased for a total cost not exceeding one

thousand dollars ($1,000.00). Sec. 181-302. Unlawful disbursements.

It shall be unlawful for the city controller or county auditor to pay any money from any public fund except pursuant to an appropriation by the council, regardless of the source of such fund, unless such payment is authorized in sections 181-303 through 181-3067 of this article. Sec. 181-303. Exception; distribution of taxes or other revenues.

The requirements of section 181-302 of the Code shall not apply to distribution by the county auditor, county treasurer, or city controller in the process of collection and distribution of taxes or other revenues. Sec. 181-304. Exception; special recreation fund and sports account fund.

The requirements of section 181-302 of the Code shall not apply to expenditures from the special recreation fund and the sports account fund established under section 135-361 of the Code. Sec. 181-305. Exception; payment of court judgment or order.

The requirements of section 181-302 of the Code shall not restrict any public official from complying with any valid order or judgment of a court of competent jurisdiction which directs the payment of public funds not appropriated. Whenever the controller or county auditor is directed to make such payment, such official shall notify the clerk of the council of such order, prior to compliance, if at all possible.


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Sec. 181-306. Exception; emergency response team reimbursement.

(a) The requirements of section 181-302 of the Code shall not apply to state or federal reimbursement moneys for emergency response teams, thereby allowing the appropriate officials to disburse such funds upon receipt, provided that within sixty (60) days after the date of team deployment, a fiscal report shall be presented to the city board of public safety and the public safety and criminal justice committee of the council.

(b) With respect to federal funds other than those specified in subsection (a) of this section, the

council, under IC 5-19-1-3, requires that as a condition of approval of the acceptance of any grant, whether from the state or federal government or from a private source, which anticipates or requires any city or county action, the amounts provided from such sources shall not be spent unless appropriations therefor are adopted by ordinance. Sec. 181-307. Exception; federal stimulus funds.

(a) For purposes of this section, “federal stimulus funds” means funds made available to the city or county or any of its agencies from appropriations made by the “American Recovery and Reinvestment Act of 2009".

(b) The requirements of sec. 181-302 shall not apply to funds provided to the city or county from

federal stimulus funds for projects approved by the state or federal government provided the procedures in this section are followed.

(c) Whenever the city submits projects for funding from federal stimulus funds, the city controller

may submit a proposal for a special resolution approving one or more such projects for review by the council committee that would approve the budget of the agency submitting such projects for such funding. If the council committee approves such proposal, it shall be placed on the council agenda at its next meeting under “Special Orders – Priority Business.”

(d) With respect to any project approved by the appropriate committee council that are is approved

for funding by the state or federal government from federal stimulus funds, the city controller may, to the extent authorized by state or federal law or regulations, spend such funds in accordance with the application approved by the committee council without appropriation or further approval by the council. Sec. 181-3078. Penalty.

Any official of the city or county who pays, or causes the payment of, any money of the city or county or any grant money received by the city or county, without an appropriation having been approved for such expenditure in violation of this article, shall be subject to the penalties provided in section 103-3 of the Code and, in addition, such action may constitute grounds for removal or impeachment as provided by law. SECTION 3. This resolution shall be in full force and effect upon adoption and compliance with IC 36-3-4-14.

PROPOSAL NO. 146, 2009. In Chairwoman Pfisterer’s absence, Councillor Day reported that the Administration and Finance Committee heard Proposal No. 146, 2009 on May 5, 2009. The proposal, sponsored by Councillor Vaughn, amends the Code to make technical corrections to provisions that refer to township assessors. By a 6-0 vote, the Committee reported the proposal to the Council with the recommendation that it do pass. Councillor Day moved, seconded by Councillor Vaughn, for adoption. Proposal No. 146, 2009 was adopted on the following roll call vote; viz:



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CITY-COUNTY GENERAL ORDINANCE NO. 44, 2009

PROPOSAL FOR A GENERAL ORDINANCE to amend the Revised Code to make technical corrections to provisions that refer to township assessors.


SECTION 1. Section 131-101 of the "Revised Code of the Consolidated City and County," regarding copies of public records, hereby is amended by the deletion of the language that is stricken-through, to read as follows: Sec. 131-101. Copies of public records; fee schedule.

Pursuant to the provisions of IC 5-14-3-8, the following fee schedule is hereby established for

copies of public records made by the city, the county, and each of their departments and agencies, and township assessors:

(1) For standard-sized photocopies, the fee shall be four cents ($0.04) for each page copied; and (2) For copies produced in any format other than standard-sized photocopies, including but not

limited to over-sized paper, computer tapes, disks, CD's, or microfilm, the fee shall be equal to the direct cost of supplying the information in that form, or the standard cost for selling the same information to the public in the form of a publication if the city, county, department or agency has published the information and made the publication available for sale.

This fee schedule shall apply except in instances in which another fee is specified by statute or ordered by a court. SECTION 2. Section 135-225 of the "Revised Code of the Consolidated City and County," regarding electronic filing of sales disclosure forms, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 135-225. Mandatory electronic filing and certification process.

(a) Findings. The city-county council finds that: (1) State law requires that sales disclosure forms be filed with counties for transfers of real

property. (2) Marion County is a large metropolitan county with over three hundred thousand (300,000)

parcels of real property, tens of thousands of which are sold every year. (3) Especially given the volume of filings, the current system for filing sales disclosure forms is

inefficient and costly to the government, in part because the forms are not filed electronically with the county in the first instance and are processed in paper form by multiple offices of local government. These offices are funded largely from property taxes levied by the county.

(4) Many of those parcels sold every year are properties that contain abandoned and/or blighted

structures that do not produce amounts of property tax revenue sufficient to sustain their burden on the systems of local government, including the system of processing sales disclosure forms when those properties are sold.

(5) According to a September 2004 report issues by the city's abandoned houses work group,

entitled "Reclaiming Abandoned Properties in Indianapolis," among other sales of abandoned and underperforming houses, speculators frequently purchase abandoned houses without the intent or means to renovate or improve them.

(6) Thus, both the total volume of real property sales and the high number of abandoned homes

that produce little or no property tax revenue impose significant burdens on the property tax funded system for processing sales disclosure forms.

(7) Technology is available to allow for much greater efficiency in the filing of sales disclosure

forms and in the transmitting of the required information to the state.


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(b) Required electronic filing. Effective July 1, 2006, the county auditor is authorized to mandate that all sales disclosure forms filed with the county auditor must be filed electronically using a certified program. A program shall be approved and certified by the county auditor and shall be available for certification only after receipt of written approval from all township assessors the county assessor. The written approvals approval by the township assessors county assessor shall be in a form determined by the county auditor and all approvals must be dated within one (1) year of the date of the last approval. The effective date of the certification shall be the date of acceptance of all approvals the approval from the township assessors county assessor and the approval by the county auditor. The program shall be certified for a period of five (5) years after the date of certification.

(c) Revocation of certification. If after certification, a program is determined to be deficient by

the county auditor, the county auditor shall notify the certified provider (the "certified provider") of the program in writing of such deficiencies and the certified provider shall have ten (10) days to correct such deficiencies. If all deficiencies listed are not corrected within such ten-day period, the county auditor may, in writing, revoke the certification. In order for the program to be re-certified, it must meet all of the requirements for the initial certification.

(d) Modification to program. If modifications are made to a program that, in the opinion of the

county auditor are major modifications to the program, the county auditor may, by written notice to the certified provider, require the modified program to meet the requirements for the initial certification prior to being approved for usage.

(e) Fees. The certified provider may charge a transaction fee of up to ten dollars ($10.00) per

usage of the program. The transaction fee may be charged directly to the user by the certified provider, as determined by the county auditor. For every usage of the program for which the certified provider charges a transaction fee, the certified provider shall submit to the city controller a five dollar ($5.00) portion of transaction fee. The city controller shall prescribe the method and timing of submitting those transaction fee revenues, and shall provide for the deposit of all transaction fee revenues received into the housing trust fund established pursuant to I.C. 36-7-15.1-35.5. The certified provider may retain the balance of the transaction fee, In addition, the county auditor may authorize the certified provider to accept sales disclosure form filing fees otherwise required by law (either directly or through the office of the county auditor) and submit the filing fees to the county auditor, as determined by the county auditor.

(f) Assistance to walk-in filers. If the county auditor elects to mandate electronic filing under

subsection (a), the county auditor shall establish a system to assist persons deemed unable to comply with such mandatory electronic filing. SECTION 3. Section 191-41 of the "Revised Code of the Consolidated City and County," regarding the establishment of the city-county internal audit agency, hereby is amended by the deletion of the language that is stricken-through, to read as follows: Sec. 191-41. Established.

There is hereby established a city-county internal audit agency for the purpose of investigating and

auditing all operations of all departments of the city and county, including the offices of the township assessors. Such audits may be conducted either by agency personnel or under contract with independent auditors. This agency shall be responsible directly to the mayor. SECTION 4. Section 202-203 of the "Revised Code of the Consolidated City and County," regarding the powers of the office of finance and management, hereby is amended by the deletion of the language that is stricken-through, to read as follows: Sec. 202-203. Powers of the office of finance and management.

(a) The office of finance and management shall: (1) Administer and be responsible for financial reporting and audits, including the establishment

of accounting policies and procedures, fixed assets, budgets and purchasing for all of the city and county departments, offices and agencies, investment of cash balances for the city, and Barrett law assessment and collection functions of the city;

(2) Prepare estimates of city and county expenditures pursuant to IC 36-3-6-4(g) and IC 36-3-6-5; (3) Prepare, with the assistance of the corporation counsel, proposed appropriations ordinances for

the city and county and special service districts and proposed ordinances fixing the rate of taxation for the taxes to be levied for city and county departments, offices and agencies;

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(4) Examine, from time to time, the officers, departments and division heads and members of the

boards of the city and county as to their organization, accounting records, personnel and other requirements, to ascertain that their respective budgets are being followed and their functions performed and recommend any improvements or economies which might be made in the administrative practices of all the departments, offices and divisions of the city and county;

(5) Ensure that accounting systems for all of the departments of the city and county are kept in

accordance with generally accepted accounting principles for governments; (6) Provide suitable instruction for the use of forms and the methods of keeping all accounting

records and preparation of all financial reports of the city and county; (7) Examine all contracts, purchase orders and other documents which would result in or involve

financial obligations of the city or county and approve the same only upon ascertaining that there is an unexpended and unencumbered balance in the account or fund from which money may be drawn for payment;

(8) Submit a monthly financial report to the mayor, for his presentation to the city-county council,

showing the financial condition of the various accounts and funds of the city and county, including estimated revenues, revenues received, appropriations and allotments for such appropriations, and to furnish to all of the departments, offices and agencies monthly financial reports of their fiscal conditions;

(9) Designate banks and other financial depositories in which the funds of the city shall be

deposited in accordance with applicable law and designate the municipal, state and federal securities which shall constitute proper legal investments for the city;

(10) Prescribe the time and manner in which moneys received by the city shall be deposited in the

designated banks or depositories; (11) Make investments of all city moneys, including pension funds, sinking funds and all other

funds of the city except as otherwise provided and subject to the ordinances of the city-county council and be responsible for the preparation and sale of all bonds and securities issued by the city;

(12) Issue all city licenses to qualified applicants upon receipt of the fee established and fixed

therefor by ordinance; (13) Direct the administrative procedure for, and the accounting, collection and payment of, all

Barrett law assessments within the limits of the city and county, attend to the enforcement of such assessments and provide for the issuance and payment of Barrett law bonds;

(14) Sign and issue all orders for money from the various funds established under Articles I through

VII, inclusive, of Revised Code Chapter 135 to the auditor. No warrants shall be made by the auditor, and no money shall be paid out by the treasurer except on such order;

(15) Require a claim form or order to be presented to the controller from the director, administrator

or officer of a department, division or office of the city or county as a requisite to issuing any order for the payment of money from funds of the city or county, and incidental thereto, the controller shall have power to require evidence that amounts claimed are justly due;

(16) Keep a register of all bonds of the city and county and of the transfers thereof, where so

provided in any such bond, and an account of all outstanding securities; (17) Audit or provide for the audit of the accounts of the departments, divisions and offices of the

city and county; (18) Purchase or authorize the purchase of and maintain records of insurance for city and county

officers and employees and purchase or authorize the purchase of and maintain records of surety bonds for city officers and for county officers or township assessors if requested to do so by such officers;

(19) Allocate parking spaces in the city-county building parking garage and other parking facilities

owned or leased by the city or county;


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(20) Develop and manage an energy efficiency program for the city and county; and (21) Exercise any other powers which may be granted by statute or ordinance or delegated by the

mayor or allocated pursuant to IC 36-3-5-2.8.

(b) The office of finance and management may contract for assistance in the collection of money owed to the city, its departments, special districts or other agencies and to add the costs of collection, if the amount owed exceeds twenty-five dollars ($25.00) and became delinquent after July 1986, to the amount owed and collected.

(c) The office of finance and management shall, in conjunction with the auditor, establish rules

and methods of accounting to ensure timely and accurate transaction of fiscal business matters. The rules and methods shall address such topics as the controller, in conjunction with the auditor, deems necessary, but shall at a minimum include:

(1) Sufficient detail to allow the exchange of information among city and county offices with the

auditor's office and the office of finance and management, and between the auditor's office and the office of finance and management;

(2) Timeframes for the processing of accounts, payroll, distributions, budgets, financial reports,

audits, and purchases; (3) Procedures for preparing financial reports; and (4) Procedures for administering time keeping and payroll functions.

Upon initial establishment and subsequent revisions, these rules and methods of accounting shall be filed with the clerk of the city-county council. The rules and methods of accounting shall be binding upon all offices, agencies, and departments that submit budget estimates to the office of finance and management under IC 36-3-6-4(f). SECTION 5. Section 291-101 of the "Revised Code of the Consolidated City and County," regarding definitions of terms in Chapter 291, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 291-101. Definitions.

As used in this chapter, the following terms shall have the meanings ascribed to them in this section: City shall mean all of the six (6) Unigov city departments as well as the various county and

township assessor's offices. Compensatory leave shall mean time off from regular hours of work which is granted for work

performed or time served beyond the time constituting the normal workweek as determined at the discretion of the city or county office, department, division, bureau or commission involved.

Employee shall mean and include all city and county employees, except police officers, firefighters,

sheriff's deputies and elective officers of the city or county. Full-time employee shall mean an employee who is employed on a year-round basis and works the

full regularly scheduled workweek of the office in which such employee works. Holiday shall mean those days as officially declared in section 291-206 of this chapter. Jury duty leave shall mean time off granted an employee who is summoned for jury duty or as a

witness in an action in any court; provided, however, no employee shall receive compensation in a proceeding in which such employee is a party or has an interest.

Leave without pay shall mean time off granted an employee for which pay is not authorized or

granted. Malingering shall mean pretending illness so as to avoid duties as assigned. Official shall mean any elected city, county or township officer, the presiding municipal court judge

of the Marion Superior Court executive committee, the director of the cooperative extension services, the director of central data processing [information services] or his/her designee.

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Part-time employee shall mean an employee who is employed on a year-round basis, but for less

than the average workweek of the office in which such employee works. Part-time/temporary employee shall mean an employee who is scheduled to work less than the

average scheduled workweek of the office and less than the entire year. Sick leave shall mean time off granted an employee whose illness, injury or disability prevents him

from working. If such illness, injury or disability is compensated under the workmen's compensation laws, the employee shall not be entitled to sick leave compensation.

Supervisor means any individual having authority, in the interest of the employer, to hire, transfer,

suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or responsibility to direct them, or adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment.

Temporary/seasonal employee shall mean an employee who is employed on less than a year-round

basis or for a limited period of time. Vacation leave shall mean paid time off granted for annual vacation or for other personal reasons.

SECTION 6. Sections 291-203 and 291-204 of the "Revised Code of the Consolidated City and County," regarding benefit leave and short term disability leave, respectively, hereby are amended by the deletion of the language that is stricken-through, to read as follows: Sec. 291-203. Benefit leave.

(a) Accrual schedule for city employees and applicable county and township assessor's offices

whose employees normally are scheduled to work a forty-hour week. (1) Employees with less than five (5) continuous years of employment shall accrue benefit leave

monthly at the rate of fourteen and sixty-six hundredths (14.66) hours per month. (2) Employees who have completed five (5) continuous years of employment but less than ten

(10) continuous years of employment shall accrue benefit leave monthly at the rate of eighteen (18) hours per month.

(3) Employees who have completed ten (10) years of continuous employment but less than fifteen

(15) years of continuous employment shall accrue benefit leave monthly at the rate of twenty-one and thirty-three hundredths (21.33) hours per month.

(4) Employees who have completed at least fifteen (15) years of continuous employment shall

accrue benefit leave at the rate of twenty-four and sixty-six hundredths (24.66) hours per month.

(5) Benefit leave can only accrue if the employee works, or is on a paid leave of absence, or is

receiving worker's compensation (or any combination of the three (3)) for more than half of the month.

(b) Accrual schedule for applicable county and township assessor's offices whose employees are

normally scheduled to work a thirty-seven-and-one-half-hour week. (1) Employees with less than five (5) continuous years of employment shall accrue benefit leave

monthly at the rate of thirteen and seventy-five hundredths (13.75) hours per month. (2) Employees who have completed five (5) continuous years of employment but less than ten

(10) continuous years of employment shall accrue benefit leave monthly at the rate of sixteen and eight hundred seventy-five thousandths (16.875) hours per month.

(3) Employees who have completed ten (10) continuous years of employment but less than fifteen

(15) continuous years of employment shall accrue benefit leave monthly at the rate of twenty (20) hours per month.


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(4) Employees who have completed at least fifteen (15) continuous years of employment shall accrue benefit leave monthly at the rate of twenty-three and one hundred twenty-five-thousandths (23.125) hours per month.

(5) Benefit leave can only accrue if the employee works, is on a paid leave of absence, or on

worker's compensation for more than half of the month. (c) Charging benefit leave. Benefit leave shall be charged at the rate the employee is scheduled to

work. (d) Eligibility for accrual. (1) Those employees who are starting to work on or before the fifteenth day of the month shall

have their accounts credited with the appropriate benefit leave time on the first day of the month following the month in which they were hired.

(2) Those employees who are starting to work after the fifteenth day of the month shall have their

accounts credited with the appropriate benefit leave time on the first day of the second month following the month in which they were hired.

(3) Employees who have been terminated or who have resigned from city or county employment

will receive credit for benefit leave for the month they left employment only if they worked past the fifteenth day of the month.

(e) Use of benefit leave. The final right to approve use of benefit leave shall rest with the office,

department, division, bureau or commission involved in order to preserve efficiency and provide the necessary service.

(f) Part-time employees. Part-time employees shall be entitled to benefit leave; however, leave

accrual and pay for these employees shall be prorated based upon the average hours scheduled during the previous six (6) months of employment.

(g) When benefit leave does not accrue. No benefit leave shall accrue while an employee is on

any leave without pay status. No temporary/seasonal or part-time/temporary employee is eligible to accrue benefit leave or pay.

(h) Benefit leave carryover. (1) For city and county employees paid on a biweekly basis: Benefit leave shall be taken within

the calendar year in which it is accumulated or it shall be lost. However, up to a maximum of one hundred seventy-six (176) hours (one hundred sixty-five (165) where appropriate) of benefit leave may be carried over from one (1) calendar year to the next calendar year, provided the officials retain the right to schedule such carryover at their discretion in order to maintain the efficiency of the operation involved. In addition, an employee who is required by management to work during a period which the employee had been previously scheduled to take benefit leave and who is unable due to the demands of his/her position to reschedule the benefit leave for that calendar year may be allowed, with the approval of the mayor or the appropriate elected official or agency head, to carry over an additional eighty (80) hours (seventy-five (75) where appropriate) of benefit leave, subject to such restrictions as may be imposed by the mayor or the appropriate elected official or agency head. Benefit leave in excess of the maximum carryover amount shall be added to an employee's short term disability leave bank, if that bank is not at maximum accrual.

(2) For city employees covered by the current master agreement between the city and the

American Federation of State, County and Municipal Employees: Benefit leave shall be taken within the calendar year in which it is accumulated or it shall be lost. However, up to a maximum of the number of hours which the employee can accrue in a calendar year may be carried over from one (1) calendar year to the next calendar year, provided the officials retain the right to schedule such carryover at their discretion in order to maintain the efficiency of the operation involved. In addition, an employee who is required by management to work during a period which the employee had been previously scheduled to take benefit leave and who is unable due to the demands of his/her position to reschedule the benefit leave for that calendar year may be allowed, with the approval of the mayor, to carry over an additional eighty (80) hours of benefit leave, subject to such restrictions as may be imposed by the mayor. Benefit leave in excess of the maximum carryover amount shall be added to an employee's short term disability leave bank, if that bank is not at maximum accrual.

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(i) Two weeks' notice. Two (2) weeks' notice must be given upon voluntary resignation in order

to receive payment for accrued benefit leave. (j) Termination, separation prior to six months of employment. Employees who are terminated or

separate employment prior to the completion of six (6) months of employment will not be paid for accumulated, unused benefit leave.

(k) Employees transferred from noncity or noncounty entities. Any person who becomes an

employee as a result of a transfer of the duties of his/her former employer to the city or county may, upon the approval of the appropriate official, use his/her most recent hire date with the former employer for the purpose of determining benefit leave accrual.

(l) Advance use of benefit leave. Employees of Marion County offices and agencies (including

Marion County courts) may not use or be paid for benefit leave hours before such hours are accrued. However, an elected official or agency who wishes to allow employees to use benefit leave up to one (1) week in advance may request permission to do so from the Marion County job classification and compensation board. The board may grant permission to the elected official to allow up to one (1) week use of benefit leave under such circumstances as the board deems advisable. Any benefit leave so advanced which remains outstanding upon an employee's termination shall be collected or withheld from the employee's final pay.

Sec. 291-204. Short term disability leave.

(a) Accrual schedule for city employees and applicable county and township assessors offices

whose employees are normally scheduled to work a forty-hour week. (1) Full-time employees shall accrue short term disability leave at the rate of ten (10) hours per

month up to a maximum of four hundred (400) hours. Once the maximum accrual has been reached, employees shall not accrue short term disability leave unless short term disability leave is used, at which time additional short term disability time may be accrued until the maximum accrual is reached once again.

(2) Part-time employees shall accrue short term disability leave on a pro rata basis up to a

maximum number of hours to be determined by ascertaining the percentage of the normal work week which the employee is scheduled to work and applying that percentage to four hundred (400) hours. Short term disability leave shall be used on a pro rata basis based upon the number of hours scheduled in the previous six (6) months. Once the maximum accrual has been reached, employees shall not accrue short term disability leave unless short term disability leave is used, at which time additional short term disability leave may be accrued until the maximum accrual is reached once again.

(3) Temporary and seasonal employees are not eligible to accrue short term disability leave. (b) Accrual schedule for applicable county and township assessors offices whose employees are

normally scheduled to work a thirty-seven and one-half-hour week. (1) Full-time employees shall accrue short term disability leave at the rate of nine and three

hundred seventy-five thousandths (9.375) hours per month up to a maximum accrual of three hundred seventy-five (375) hours. Once the maximum accrual has been reached, employees shall not accrue short term disability leave unless short term disability leave is used, at which time additional short term disability leave may be accrued until the maximum accrual is reached once again.

(2) Part-time employees shall accrue short term disability leave on a pro rata basis up to a

maximum number of hours to be determined by ascertaining the percentage of the normal work week which the employee is scheduled to work and applying that percentage to three hundred seventy-five (375) hours. Short term disability leave shall be used on a pro rata basis based upon the number of hours scheduled in the previous six (6) months. Once the maximum accrual has been reached, employees shall not accrue short term disability leave unless short term disability leave is used, at which time additional short term disability leave may be accrued until the maximum accrual is reached once again.

(3) Temporary and seasonal employees are not eligible to accrue short term disability leave.


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(c) Eligibility to accrue. Employees with hire dates on or before the fifteenth day of the month will be eligible to have short term disability leave credited to them on the first day of the following month. Employees with hire dates after the fifteenth day of the month will be eligible to have short term disability leave credited to them on the first day of the second month following the month of hire. Employees must be on paid status or on worker's compensation for more than half of the month in order to accrue short term disability leave for the month.

(d) Conditions for use. (1) Qualifying period. In order to be eligible to use accrued short term disability leave, a full-time

employee must have an illness or injury which has caused or will cause him/her to be absent from work for more than forty (40) consecutive work hours (thirty-seven and one-half (37 1/2) consecutive work hours for those employees who normally work a thirty-seven and one-half-hour work week). A part-time employee must have an illness or injury which has caused or will cause him/her to be absent from work for a consecutive number of hours which is equal to the number of hours he/she is scheduled to work in a one-week period. Neither full-time nor part-time employees may use short term disability leave during this initial qualifying period.

(2) Short term disability leave may be used only in day-long increments, except in the case of

employees who are receiving temporary total disability benefits as a result of a work-related injury or illness, in which case an employee may elect to supplement these benefits using short term disability leave. In no event shall the disability benefits and the short term disability benefit payments and the amount received from any employer-paid disability insurance total more than the employee's regular rate of pay.

(3) City and county offices and agencies may establish notice requirements as well as

requirements for medical documentation to be provided by employees prior to the approval of use of short term disability leave.

(4) Disability leave. Once disability leave commences all benefit leave, short term disability leave

and other paid leave time shall be exhausted before beginning any unpaid portion of the leave. However, at the discretion of the employee, up to forty (40) hours (thirty-seven and one-half (37 1/2) where applicable) of accrued sick leave as described in section 291-211 below may be reserved for later use in accordance with section 291-211 below.

SECTION 7. Section 291-602 of the "Revised Code of the Consolidated City and County," regarding definitions used in Article VI of Chapter 291, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 291-602. Definitions.

As used in this article (section 291-601 through 291-614), the following terms shall have the

following meanings: City means the employing authorities of Consolidated City of Indianapolis and Marion County. Collective bargaining means to perform the mutual obligation of the employer, by its

representatives, and the exclusive bargaining representative of employees in an appropriate bargaining unit to meet and negotiate in good faith at reasonable times and places with respect to terms and conditions of employment, and any subject covered by a collectively bargained agreement covering city employees on September 1, 2001 with the intention of reaching an agreement.

Confidential employee means any employee who: (1) Works in the office of the mayor; (2) Works in the office of the city-county council; (3) Works in the office of the corporation counsel; (4) Works in the office of finance and management or its human resources division; (5) Is secretary to a department head, director, or elected official; or (6) Is the personal secretary of any supervisor, managerial, or confidential employee.

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Employee means any active employee of the City of Indianapolis or Marion County, but the term employee does not include anyone who is:

(1) An employee of the court; (2) A confidential employee; (3) A managerial employee; (4) A supervisor; (5) An intermittent employee; (6) A student employee; (7) A temporary employee; (8) A member of a board or commission; (9) An individual in the custody of any law enforcement agency who is working in a program

through such an agency; (10) An attorney whose responsibilities include providing legal advice to the city or performing

legal research for the city as a client; (11) An individual who performs internal investigations; (12) A member of the Indianapolis Fire Department, the metropolitan law enforcement agency, or

the Marion County Sheriffs Department who has less than one (1) year of employment with such department or agency; or

(13) An employee of the county treasurer, clerk, auditor, prosecutor, surveyor, assessor, recorder,

or coroner unless the employee or group of employees is voluntarily recognized by the elected official holding said office; or.

(14) An employee of the township assessor of Center Township, Decatur Township, Franklin

Township, Lawrence Township, Perry Township, Pike Township, Warren Township, Washington Township, or Wayne Township unless the employee or group of employees is voluntarily recognized by the township assessor.

Employee organization means an organization: (1) In which employees participate, and (2) That exists for the purpose of representing employees in collective bargaining. Exclusive bargaining representative and bargaining agent mean an employee organization chosen

by employees in an appropriate bargaining unit pursuant to this article or recognized by the city as a representative of an appropriate bargaining unit before the adoption of this article.

Managerial employee means any individual who: (1) Has responsibility for a unit or sub-unit of a division of an agency or department; (2) Participates in the formulation of policy; (3) Is significantly engaged in executive or management functions; (4) Is charged with the responsibility of directing the implementation of management policies,

procedures or practices; or (5) Is involved in administration of collective bargaining agreements or human resources or

personnel decisions, including, but not limited to, staffing, reductions, reorganizations, hiring, discipline, evaluations, pay, assignments, transfers, promotions or demotions.


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Supervisor means any individual who has authority to hire, transfer, suspend, layoff, recall, promote, demote, discharge, assign, reward or discipline other employees, or to adjust grievances, or effectively to recommend any such action. With respect to the Indianapolis Fire Department, "supervisor" includes all personnel at the rank of division chief or above. With respect to the metropolitan law enforcement agency, "supervisor" includes all personnel with the rank of captain or above.

Temporary employee means an individual who is employed for not more than ninety (90) days. Terms and conditions of employment means wages, hours, allowances, fringe benefits, facilities,

equipment and other physical aspects of employment, personnel policies, and the voluntary payment of dues through payroll deduction. SECTION 8. Section 292-1 of the "Revised Code of the Consolidated City and County," regarding defense and indemnification of officers, employees and agents, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 292-1. Defense and indemnification of officers, employees and agents.

(a) The consolidated city and the county shall indemnify and defend their respective officers,

employees and agents, as those terms are herein defined, without expense to those persons, with respect to any action filed against them in their official or individual capacities, or both, if the action complained of was taken within the scope and arising out of the performance of official duties and responsibilities. The corporation counsel, consistent with his or her powers and duties under Chapter 202, Article II, of this Code, shall investigate the circumstances of any such complaint and determine whether the actions of the officer, employee or agent were taken within the scope and arising out of the performance of official duties and responsibilities. The corporation counsel's determination shall be based upon a reasonable interpretation of the law and facts so as to give full effect to the provisions of this section.

(b) Indemnification under this section shall encompass any judgment recovered against any such

officer, employee or agent in any court of law having jurisdiction thereof, arising out of a civil action brought to recover damages to persons or property resulting from alleged acts of negligence, wrongful acts or omissions of an officer, employee or agent acting within the scope of his or her authority and official employment or appointment.

(c) The obligation to indemnify shall not extend to acts of malice, acts of a willful or wanton

nature, criminal acts, acts calculated to accrue to the personal benefit of the individual officer, employee or agent, or acts which are clearly beyond the duties and/or scope of authority of such person. Exoneration by a court of law shall be conclusive as to the absence of malice, criminality and other such conditions. In the absence of such a judicial determination, a determination as to the presence of such conditions shall be made by the corporation counsel and presented to the city-county council in the form of a written finding. The finding of the corporation counsel shall prevail unless the council, within thirty (30) days of the receipt thereof, passes a resolution rejecting the finding.

(d) "Officers, employees and agents," as used in this section, shall include the mayor, deputy

mayors, department directors, members of all boards and commissions of the consolidated city and of the county, all elected or appointed officials of the consolidated city and of the county, including all township assessors, all judges of the Marion Circuit and Superior Courts, attorneys at law employed as independent contractors by the city, or the county, and the township assessors whenever indemnification and defense is required by state law or by contract, members of the city-county council, the Marion County Sheriff's Department Reserve, County Police Officers and all other employees of the consolidated city, or the county, and of the township assessors. SECTION 9. Section 292-3 of the "Revised Code of the Consolidated City and County," regarding surety bonds for city and county officials, hereby is amended by the deletion of the language that is stricken-through, to read as follows: Sec. 292-3. Surety bonds for city and county officials.

(a) It is hereby declared to be the purpose of this section to fix the amounts of individual surety

bonds and authorize a blanket bond for city and county officials. (b) Pursuant to IC 5-4-1-18(c), the City-County Council of Indianapolis and Marion County fixes

the amount of surety bonds for city and county officials as follows:

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Official Bond Amount

County coroner $ 8,500.00

Supervisor Barrett law 60,000.00

City controller 300,000.00

County treasurer 300,000.00

County treasurer (ex officio city treasurer) 300,000.00

County surveyor 8,500.00

County assessor 8,500.00

County auditor 300,000.00

County clerk 300,000.00

County recorder 60,000.00

County sheriff 90,000.00

County prosecutor 8,500.00

Decatur Township assessor 8,500.00

Wayne Township assessor 8,500.00

Warren Township assessor 8,500.00

Washington Township assessor 8,500.00

Perry Township assessor 8,500.00

Pike Township assessor 8,500.00

Franklin Township assessor 8,500.00

Lawrence Township assessor 8,500.00

Center Township assessor 8,500.00 (c) Pursuant to IC 5-4-1-18(b), the city-county council authorizes the purchase of blanket bonds to

cover the faithful performance of city and county officials not covered by individual bonds. The amount of these blanket bonds shall be left to the discretion of the director of the corporation counsel. SECTION 10. Section 575-2 of the "Revised Code of the Consolidated City and County," regarding definitions of terms used in Chapter 575, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 575-2. Definitions.

As used in this chapter, the following terms shall have the meanings ascribed to them in this section.

The word "shall" is always mandatory and not merely directory. Authorized individual means a designee of the director of the department of public works. Environmental public nuisance means: (1) Vegetation on private or governmental property which is abandoned, neglected, disregarded or

not cut, mown, or otherwise removed and which has attained a height of twelve (12) inches or more;

(2) Vegetation, trees or woody growth on private property which, due to its proximity to any

governmental property, right-of-way or easement, interferes with the public safety or lawful use of the governmental property, right-of-way or easement or which has been allowed to become a health or safety hazard;


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(3) A drainage or stormwater management facility as defined in Chapter 561 of this Code on private or governmental property, which facility has not been maintained as required by that chapter; or

(4) Property which has accumulated litter or waste products, unless specifically authorized under

existing laws and regulations, or which has otherwise been allowed to become a health or safety hazard.

Excluded property means:

(1) Cultivated land in commercial, domestic, agricultural or horticultural use; (2) An existing natural or developed forest which does not create a health or safety hazard; (3) Vacant, open lands, fields or wooded areas more than one hundred fifty (150) feet from

occupied property; (4) A nature habitat area more than one hundred fifty (150) feet from an occupied structure on

adjacent property and determined by state and/or local governmental health authorities not to be a health or safety hazard; or

(5) A wetland area designated by the United States Department of Interior Fish and Wildlife

Division on a National Wetlands Inventory Map and/or determined to be a wetland area by the Marion County Soil and Conservation Service and/or the Department of Public Works, Drainage Division.

Governmental property means real estate which is owned, leased, controlled or occupied by the

United States, the State of Indiana, or any political subdivision thereof. Equipment means such equipment as trucks, tractors, bulldozers and similar motor vehicles and

hand-operated equipment such as weed trimmers and similar equipment. Occupant means the person, firm, partnership, association, corporation, business trust, joint stock

company, unincorporated organization, religious or charitable organization, or entity who is from time to time in possession or exercising dominion and control over the real estate or any house or other structure located thereon. Occupant shall include any lessee of the property.

Owner means the record owner or owners as reflected by the most current records in the township

county assessor's office of the township in which the real estate is located. Private property means all real estate within the city except governmental property. Recipient means the owner or occupant to whom notice of violation has been directed. Repeat violation occurs when a property owner or occupant who has previously been issued notice

of a similar environmental public nuisance for the same property or who has been found by a hearing or judicial officer to have allowed a similar environmental public nuisance to exist at the same property allows a subsequent similar environmental public nuisance to exist at that property within eighteen (18) months of the date of the previous notice or finding of violation, whichever is later. A repeat violation does not occur when multiple violations of subsection (4) of the definition of environmental public nuisance are alleged and:

a.(1) The owner or occupant can demonstrate that illegal dumping was the cause of the underlying

violations; and b.(2) The owner or occupant has made a reasonable effort to prevent illegal dumping from

recurring. SECTION 11. Section 701-1 of the "Revised Code of the Consolidated City and County," regarding definitions of terms used in Chapter 701, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 701-1. Definitions.

As used in this chapter, the following terms shall have the following meanings:

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Flora shall mean all trees, shrubbery and other plants which grow to a height of more than twelve (12) inches, but expressly excluding weeds and grasses of all types.

Occupant means the person, firm, partnership, association, corporation, business trust, joint stock

company, unincorporated organization, religious or charitable organization or any owner, person, persons or entities who are from time to time in possession of or exercising dominion and control over any house or other structure located on private property.

Owner shall mean any one (1) or more of the following: (1) The owner or owners in fee simple of a parcel of real estate, including the life tenant or

tenants; (2) The record owner or owners as reflected by the most current records in the township county

assessor's office of the township in which the real estate is located; or (3) The purchaser or purchasers of such real estate under any contract for the conditional sale

thereof. Person means any individual, firm, partnership, association, corporation, business trust, joint stock

company, unincorporated organization, religious or charitable organization or any owner, person, persons or entities.

Private property shall mean all real estate within Marion County, except real estate that is owned,

leased, controlled or occupied by the State of Indiana, Marion County, the Consolidated City of Indianapolis or any departments or agencies thereof.

Tree, when used by itself, shall mean any woody, perennial plant and includes those having a single

main stem which grows to a minimum height of over ten (10) feet. SECTION 12. The expressed or implied repeal or amendment by this ordinance of any other ordinance or part of any other ordinance does not affect any rights or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date of this ordinance. Those rights, liabilities, and proceedings are continued, and penalties shall be imposed and enforced under the repealed or amended ordinance as if this ordinance had not been adopted. SECTION 13. Should any provision (section, paragraph, sentence, clause, or any other portion) of this ordinance be declared by a court of competent jurisdiction to be invalid for any reason, the remaining provision or provisions shall not be affected, if and only if such remaining provisions can, without the invalid provision or provisions, be given the effect intended by the Council in adopting this ordinance. To this end the provisions of this ordinance are severable. SECTION 14. SECTION 8 and SECTION 9 of this ordinance shall be in effect from and after its passage by the Council and compliance with Ind. Code § 36-3-4-14, or January 1, 2011, whichever last occurs. All other SECTIONS of this ordinance shall be in effect from and after its passage by the Council and compliance with Ind. Code § 36-3-4-14.

PROPOSAL NO. 149, 2009. Councillor Cain reported that the Ethics Committee heard Proposal No. 149, 2009 on May 7, 2009. The proposal, sponsored by Councillors Cain, Evans, Lutz, B. Mahern, Moriarty Adams and Smith, adopts ethical standards for conduct by councillors, amending the council rules on conflicts of interest and voting, requiring ethics disclosure statement by councillors, certain council employees and candidates for city-county council, and amending Chapter 293 to conform to such changes. By a 6-0 vote, the Committee reported the proposal to the Council with the recommendation that it do pass as amended. Councillor Mansfield thanked the committee for their hard work on this proposal. She said that she has concerns about item (5) under Sec. 151-1123 (c) and said that she is concerned that a board member may not know about a board receiving funds. She said that she would therefore like to take out the 45-day update and just have the forms filed annually. She made the following motion:


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Mr. President: I respectfully move that Sec. 151-1123 (c) (7) of Proposal No. 149, 2009 be amended by adding the language that is underlined and deleting the language that is stricken-through, to read as follows: Sec. 151-1123. Ethics Disclosure

(c) 7. Any items reported under clauses 1 through 5 4 of this subsection shall be updated within 45 days of the change of such information.

Councillor Lutz seconded the motion, and Proposal No. 149, 2009 was amended by a unanimous voice vote. Councillor Cain moved, seconded by Councillor Moriarty Adams, for adoption. Proposal No. 149, 2009, as amended, was adopted on the following roll call vote; viz:

26 YEAS: Bateman, Cain, Cardwell, Cockrum, Day, Evans, Gray, Hunter, Lewis, Lutz, Mahern (B), Mahern (D), Malone, Mansfield, McHenry, McQuillen, Minton-McNeill, Moriarty Adams, Nytes, Oliver, Plowman, Sanders, Scales, Smith, Speedy, Vaughn 1 NAY: Brown 0 NOT VOTING: 2 ABSENT: Coleman, Pfisterer

Councillor Brown asked for consent to explain his vote. Consent was given. Councillor Brown said that he does not think ethical behavior can be legislated, just as christian or moral behavior. He said that he has no problems with the economic interest form, but to have to disclose where a wife or son works or to be able to challenge a Councillor’s non-abstention goes too far. He said that he is a person who tells the truth and treats people fairly every day, and behavior cannot be legislated. Councillor Lutz said that he agrees that a good set of ten rules was given by the good Lord, and he agrees that if everyone abided by those, these rules would not be needed. He said that this is not perfect, but it gives members standards to live up to and tells them what the community expects. He said that it helps to take the ambiguity out of what they can and cannot do, so that darts cannot be thrown later. Proposal No. 149, 2009, as amended, was retitled GENERAL ORDINANCE NO. 45, 2009, and reads as follows:

CITY-COUNTY GENERAL ORDINANCE NO. 45, 2009 A PROPOSAL FOR A GENERAL ORDINANCE adopting ethical standards for conduct by councillors, amending the council rules on conflicts of interest and voting, requiring ethics disclosure statement by councillors, certain council employees and candidates for city-county council, and amending Chapter 293 to conform to such changes.


SECTION 1. The Revised Code of the Consolidated City and County be, and is hereby amended by adoption a new Division 2 of Article XI of chapter 151, to read as follows:

DIVISION 2. STANDARDS OF ETHICAL CONDUCT FOR COUNCILLORS Sec. 151-1121. General Ethical Considerations.

(a) Purposes. Ethical standards for members of the City-County Council are essential to maintaining public trust in the handling of public affairs of the city and county. The purpose of this Article is to set forth those acts and actions that are incompatible with the best interests of the city and county by directing disclosure by councillors of private financial or other interests in matters affecting the

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city or county. By requiring ethics disclosures and providing a guide for ethical conduct, the council can promote the faith and confidence of its citizens in its government.

(b) Duty to act in public interest. It is the duty of all councillors to act at all times in the best

interest of the public and to avoid any appearance of acting in their own private interest. (c) Acknowledgment of part time councillors. It is recognized that service as a member of the city-

county council is a part-time endeavor and that members of the city-county council are active in the community and elsewhere and that it is necessary that they maintain a livelihood and source of income apart from their council compensation. It is further recognized that state law permits employees of the city and county to be elected as, and serve as, councillors, even though the council must adopt budgets that include appropriations to pay their salaries as employees of the city or county.

(d) Duty to disclose employment and material business interests. It is the duty of each councillor to

disclose his or her employments and positions of control or ownership interests in businesses or civic organizations that have business relationships with, contracts with, or are funded by, the city or county. Sec. 151-1122. Conflicts of Interest, Voting.

(a) Voting. This section establishes standards for determining when a councillor is disqualified from acting or may be permitted to abstain from acting in conflict of interest situations.

(b) Actual conflicts of interest.

(1) Defined. A councillor has an actual conflict of interest whenever the outcome of a vote on a matter before the council would either:

a. confer a direct material pecuniary benefit with a value in excess of $5,000.00 $1,000

which would be received (i) by the councillor, the councillor’s spouse or councillor’s dependent children or (ii) by any business in which the councillor, the councillor’s spouse or councillor’s dependent children have an interest that is required to be disclosed under Sec. 151-1123, which benefit would be materially different from the general benefits conferred generally on the public or the councillor’s constituents, or

b. affect a private personal interest by either conferring any preference or causing any

detriment to the councillor, the councillor’s business, or councillor’s family which would be different from that which would apply to the public or the councillor’s constituents generally.

A councillor, who is also an employee of the city or county or other agency whose budget is subject to approval by the city-county council, shall not be deemed to have an actual conflict of interest either (i) with respect to votes on budgets or revenue proposals, unless the proposal pertains primarily to such employee or the employee’s supervisor, or (ii) with respect to votes on proposals setting the compensation of councillors.

(2) Disclosure of actual conflicts. As soon as it becomes apparent that a councillor has an actual

conflict of interest with respect to a matter before the council, the councillor shall immediately disclose the conflict and thereafter not participate in the debate.

(3) Disqualification from voting. A councillor with an actual conflict of interest shall be

disqualified from voting on the matter. (c) Appearance of a Conflict of Interest.

(1) Voluntary abstention. Whenever a personal relationship, business interest, or civic involvement of a councillor (other than those relationships inherent in the political process and in advocating constituent concerns) is such that it might appear to limit the councillor’s objectivity on the merits of the councillor’s vote, the councillor may request to abstain from voting on such matter. The abstention shall be allowed , unless the abstention prevents the council from deciding the matter, in which circumstances the council by a majority vote of those voting may require the councillor to vote. A vote under such circumstances shall not be grounds for ethical complaints against such councillor.

(2) Debate and disclosure. The appearance of a conflict of interest shall not disqualify a

councillor from debate on the matter if the nature of the perceived conflict of interest is disclosed as soon as it becomes apparent to the councillor.


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Sec. 151-1123. Ethics Disclosure.

(a) All councillors shall file with the clerk of the council an ethics disclosure statement on or before July 1, 2009, and thereafter annually, on or before February 1, or within 30 days of taking office.

(b) Any person filing as a candidate for office of city-county councillor, who has not filed, during

the current calendar year, an ethics disclosure statement under this section, shall file an ethics disclosure statement under this section before, or at the same time as, filing a declaration of candidacy under IC 3-8-2, a petition of nominations under IC 3-8-6 or a declaration of intent to be a write-in candidate under IC 3-8-2-2.5.

(c) An ethics disclosure statement required under this section shall include the following

information:

1. The name, residence address and business address(es) of the councillor. 2. The names and addresses of all employers from whom the councillor received compensation in

excess of $5,000 during the prior calendar year, and if self-employed, the nature of the business or businesses conducted as self-employment and the name or names, if any, under which the business or businesses are conducted.

3. The name and addresses of all employers from whom the councillor’s spouse or councillor’s

dependant children received compensation in excess of $5,000 during the prior calendar year. 4. The name and address of any business entity, doing business with the city or county, or which

solicits doing business with the city or county, in which the councillor, the councillor’s spouse or a councillor’s dependent child

(i) is an officer, or (ii) owns an equity interest or interest in the earnings and profits of such business that,

individually or in the aggregate, exceeds 10%, or (iii) directly or indirectly received compensation in excess of $5,000, in aggregate from any

one such entity, in the past calendar year. 5. The name and address of any organization which receives or applies for funding from the city or

county for which the councillor, councillor’s spouse or a councillor’s dependent child serves as an officer or board member.

6. A list of those persons or firms from which the councillor received gifts, or any other item,

valued over $100, or in aggregate over $250, in the prior calendar year if such person or firm that does, or seeks to do, business with the city or county or seeks to influence council action. Campaign donations, subject to IC 3-9-2 and reported in accordance with law, and gifts from persons, including family members, with whom the councillor has an on going social relationship not related to service on the council, are not subject to reporting under this provision.

7. Any items reported under clauses 1 through 4 of this subsection shall be updated within 45 days

of the change of such information.

(d) The clerk of the council, with assistance of the general counsel, shall prescribe a form for these disclosures. Such statement shall be verified under penalties for perjury. The clerk shall report any failures to file an ethics disclosure statement to the Ethics Committee of the council for such action as that committee may deem appropriate. Sec. 151-1124. Clerk and council staff.

The Clerk of the Council and other employees or staff of the council shall file such disclosures, if any, as the President of the Council shall require. Sec. 151-1125 - Specific conduct prohibited.

(a) Political activity, patronage. Councillors shall not require any council employee to engage in political activity or contribute to any political campaign.

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(b) Use of council property. Councillors shall not use council equipment or supplies for personal,

political, or private business purposes. (c) Travel to conferences. No councillor shall accept reimbursement for travel, meals or lodging

expenses related to municipal conferences unless the councillor attends two hours or more of meetings or official functions per half-day. SECTION 2. Sec. 151-52 of the Revised Code of the Consolidated City and County be, and is hereby, amended by deleting the stricken-through text and inserting the underlined text, to read as follows: Sec. 151-52. Roll call votes.

(a) Recorded votes. All votes upon the final adoption of proposals for ordinances or general resolutions, motions to reconsider or motions to suspend the rules, shall be by roll call vote. If electronic or mechanical voting systems are installed for use by the council, the recording of the vote by such methods shall be the same as a vote by calling the roll and may be used for the roll call at the opening of a meeting and to determine a quorum. All ordinances or resolutions shall be adopted solely upon the affirmative vote of a majority of all members of the council. All members present shall vote on all roll call votes except where unless under Sec. 151-1121 a member is permitted to abstain or is disqualified.

(b) Abstentions. (1) It is recognized that service as a member of the city-county council is a part-time endeavor and

that members of the city-county council are individuals who are active in the community and elsewhere and that it is necessary that they maintain a livelihood and source of income apart from their council compensation.

(2) During the course of council duties, a councillor may be placed in a position where the

councillor has a duty to vote on a proposal in which the councillor has a direct and indirect financial or personal interest. In making a decision pursuant to subsection (a) of this section as regards such councillor's duty to vote when present, the councillor shall consider the following:

a. Whether the councillor's interest in the legislation is so substantial as to affect the

councillor's independence of judgment with respect to such legislation; b. To what extent the councillor's interest in the legislation mirrors the interest of the citizenry

to whom the councillor is directly responsible; c. The effect of the councillor's participation in the voting on the legislation on public

confidence in the integrity of the council; d. The need of the councillor's particular contribution, such as special knowledge of the subject

matter, to the effective functioning of a citizen legislative body; e. Whether the proposal would have a unique, direct and material effect on the councillor's

nonlegislative income, a member of the councillor's immediate family or those of a partnership, corporation or business in which the councillor holds a legal or equitable interest.

(3) Any councillor, who has a direct and material financial or personal interest in any matter

pending before the council, which is so substantial as to affect the councillor's independent legislative judgment shall not be precluded from engaging in the committee or floor discussion and debate concerning such matter if such councillor shall publicly disclose such interest at the first meeting at which the matter is considered after such interest is apparent to the councillor or is suggested by some other person.

(4) Whenever, because of personal, business or financial relationships potentially affected by any

matter pending before the council, a councillor believes that his participation in the matter might cause an appearance of impropriety even though there is not a disqualifying interest


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under subsection (b), such councillor shall disclose such relationship and may request to abstain from any votes on such matters. The presiding officer shall permit such abstention.

(cb) Challenges. Whenever the propriety of voting of a councillor on any matter is challenged by

another councillor and such councillor refuses to abstain, a motion shall be in order to disqualify such councillor on the grounds provided in subsection (b). Such motion shall be decided by majority vote of those present, including the councillor challenged. If the motion to disqualify carries, the vote of such member shall not be counted on the matter with respect to which the councillor was disqualified. Unless the propriety of a councillor's vote is challenged under this subsection prior to the call for the vote by the presiding officer, the right of the councillor to vote shall not thereafter be challenged. SECTION 3. Sec. 293-101 and Sec. 293-102 of the Revised Code of the Consolidated City and County be, and is hereby, amended by deleting the stricken-thorough text and inserting the underlined text, to read as follows: Sec. 293-101. Name and purpose.

(a) This chapter shall be referred to as the ethics code of the consolidated city and county. (b) The purpose of this chapter is to set clear and high ethical standards for the official conduct of

councilors, officials, appointees, and employees of city and county government and persons who have a business relationship with city or county government so that the public will have confidence that the conduct of city and county business is always conducive to the public good.

(c) Public confidence in the integrity of government is essential to the exercise of good

government. Accordingly, those persons under the jurisdiction of the ethics commission should be committed to the following goals:

(1) Duties should be carried out impartially; (2) Decisions and policy should not be made outside of proper channels of city and county

government; (3) Public office should not be used for private gain; and (4) Actions, transactions, or involvements should not be performed or engaged in which have the

potential to become a conflict of interest. (d) This chapter is not meant unduly to restrict or limit the behavior of the officials, appointees, or

employees during the time when they are not on duty. Each councilor, official, appointee, or employee retains lawful rights and privileges as a private citizen to interests of a personal or private financial nature. These rights and privileges will be honored to the extent that they are compatible with an individual's elected office, appointed position, or employment. Sec. 293-102. Definitions.

As used in this chapter, the following terms shall have the meanings ascribed to them in this section. Advisory body means an authority, board, commission, committee, task force, or other body

designated by any name of the city or county government that is authorized to make only nonbinding recommendations.

Agency means an authority, board, branch, bureau, commission, committee, council other than the

city-county council, department, division, office, service, or other instrumentality of city or county government that is established by statute, ordinance, executive order, or other law. The term agency includes the office of mayor and the county offices of the assessor, auditor, clerk, coroner, recorder, sheriff, surveyor, and treasurer. The term does not include any advisory body. The term does not include the city-county council or state offices with county jurisdiction, which are the office of county prosecutor and the judges of the circuit court or superior courts; however, all individuals excluded are invited to comply with this ethics code.

Appointee means a person, other than an official or employee, who is appointed to an agency, a

municipal corporation, or a governmental entity in the county whose budget is subject to the review of the city-county council.

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Assist or assistance means to help, aid, advise, or furnish information to a person, and includes an offer to assist.

Business relationship means dealings with an agency by a person who has: (1) A financial interest in a contract with, or purchase by, an agency; or (2) A license or permit requiring the exercise of judgment or discretion by the agency. Candidate for elected office means a candidate for the office of mayor and the county offices of the

assessor, auditor, clerk, coroner, recorder, sheriff, surveyor, or treasurer. Compensation means any money, thing of value, or financial benefit conferred on, or received by,

any person in return for services rendered, or for services to be rendered, whether by that person or another.

Councillor means a member of the city-county council. Employee means an individual, other than a councillor, an official or appointee, who is employed by

an agency (other than the city-county council) on a full-time, a part-time, a temporary, an intermittent, or an hourly basis, or via an employment contract.

Entertainment means the free admission or token of admission to a sporting contest, concert,

theatrical production, convocation, parade, convention, festival, or other similar show or presentation that is intended for the divertissement of members of the public upon paid admission.

Ethics commission refers to the city-county ethics commission created under section 293-331. Fair market value means the price that would be paid by a willing buyer to a willing seller in a good

faith transaction in which objectively adequate consideration is provided. Financial interest means an interest which will result in an ascertainable increase or decrease in the

income or net worth of the councilor, official, appointee, or employee or a member of that individual's immediate family, but does not include an interest:

(1) Of a councillor, official, appointee, or employee in the common stock of a corporation unless

the combined holdings in the corporation of the councilor, official, appointee, or employee, that individual's spouse, and that individual's dependent are more than one (1) percent of the outstanding shares of the common stock of the corporation; or

(2) That is held as an asset in a blind trust. Immediate family means an individual's spouse or dependent. Information of a confidential nature means information obtained by reason of the position or office

held, and which: (1) A public agency is prohibited from disclosing under IC 5-14-3-4(a); (2) A public agency has the discretion not to disclose under IC 5-14-3-4(b) and that the agency has

not disclosed; or (3) Is not in a public record, but if it were, would be confidential. Official means the mayor and the individuals who hold the county offices of the assessor, auditor,

clerk, coroner, recorder, sheriff, surveyor, and treasurer. Person means an individual, proprietorship, partnership, unincorporated association, trust, business

trust, group, limited liability company, or corporation, whether or not operated for profit, or a governmental entity.

Political activity means taking action to support an individual in his or her campaign for elected

office, or soliciting contributions for a political party or another candidate for any elected public office. Property means money, real property, personal property, goods, supplies, services, deeds, trade

secrets, contract rights, or other interests in or claims to wealth.


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Relative means any person related as grandfather, grandmother, father, mother, stepfather,

stepmother, brother, sister, stepbrother, stepsister, uncle, aunt, husband, wife, son, daughter, stepchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, grandchild, stepgrandchild, niece, or nephew.

Represent means to attend an agency proceeding, write a letter, or communicate with an official,

appointee, or employee of an agency on behalf of a person. Sanctions means any of the following actions: (1) Canceling a contract, or barring a person from entering into a contract with an agency for a

certain period of time; (2) Making restitution or disgorgement; (3) Removal from office, appointment, or employment; (4) Barring an individual from future employment or appointment with the city or county for a

certain period of time; (5) Revocation or suspension of a license, registration, or permit issued by an agency or barring a

person from obtaining such a license, registration, or permit for a certain period of time; or (6) Disciplinary action. Travel expenses means the costs of transportation, lodging, and meals. The term includes actual

travel expenses or an amount approximating those expenses that would be allowed by travel policies and procedures authorized by the city controller. SECTION 4. Division 2 of Article III of Chapter 293 of the Revised Code of the Consolidated City and County be, and is hereby, amended by deleting the stricken-through text and inserting the underlined text, to read as follows:

DIVISION 2. ECONOMIC STATEMENT OF INTEREST

Sec. 293-321. Economic statement of interest required.

The following persons shall file a written economic statement of interest as provided in this division:

(1) Councilors and aAny declared candidate for city-county council; (21) Officials and any declared candidate for elected office; (32) Appointees to agencies; (43) The chief administrative officer of an agency and any employee who directly reports to the

chief administrative officer of an agency; (54) Any employee whose employment is subject to the approval of the council; and (65) Any employee with final purchasing authority and all employees of the purchasing division of

the office of finance and management. Sec. 293-322. Economic statement of interest-when to file.

The economic statement of interest shall be filed with the office of corporation counsel, as follows:

(1) Individuals listed in section 293-321 shall file the statement on or before May 1 of each year, but not earlier than April 1 of each year except as necessary to comply with subdivisions (2) through (4) of this section;

(2) If an individual has not filed under subdivision (1) during the present calendar year and is

filing as a candidate for elected office other than councillor, the individual shall file the statement before, or at the same time as, filing a declaration of candidacy under IC 3-8-2,

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petition of nomination under IC 3-8-6, or declaration of intent to be a write-in candidate under IC 3-8-2-2.5;

(3) An individual listed in subdivisions (3) through (6) of section 293-321 shall file a statement

prior to being appointed to or employed by an agency; and (4) An individual listed in subdivisions (4) through (6) of section 293-321 shall file a statement

within sixty (60) days after leaving employment, unless a subsequent office, appointment, or employment requires the filing of a statement of economic interest.

Sec. 293-323. Economic statement of interest --Contents.

(a) The office of corporation counsel shall devise an economic statement of interest form and make that form available from its website. That form shall not materially change between April 1 and May 1 of each year. Councilors shall use the form devised by the office of corporation counsel unless the ethics committee established by section 151-25 adopts an alternative form.

(b) The economic statement of interest be made under affirmation and set forth the following

information for the period since the previous statement was filed: (1) The name of the individual; (2) The business address of the individual; (3) Any position to which the individual is elected, appointed, or employed; (4) The name of the employer of the individual and the nature of the employer's business; (5) A statement of whether or not the individual, or any member of his or her immediate family,

had a financial interest in any contract with an agency during the past twelve (12) months, other than a contract for employment and, if so, an explanation of the extent of the interest;

(6) The name of any business entity from which the individual received any compensation which,

to the best of his or her knowledge, does or intends to do business with an agency during his or her term of office, appointment, or employment with an agency;

(7) The name of any business entity in which the individual, or any member of his or her

immediate family, owns stocks, bonds, or other investments which constitute ownership of five (5) percent or more of that business or have a value in excess of five thousand dollars ($5,000.00) and which business entity, to the best of his or her knowledge, is doing or intends to do business with an agency; and

(8) Additional information the individual chooses to disclose. (c) The economic statement of interest of councilors and officials also shall include an itemized

list stating the amount and brief description of each item of entertainment, food, drink, honoraria, travel expenses, and registration fees accepted by the councilor or official from a person who has a business relationship with any agency; however, the following items need not be listed:

(1) Items with a face value of less than one hundred dollars ($100.00); and (2) Items that are exempted under subdivisions (2) through (11) of section 293-201(b).

Sec. 293-324. Economic statement of interest --Amendments.

An individual required to file a statement of economic interest shall file an amended economic statement of interest upon discovery of additional information required to be reported. Sec. 293-325. Economic statement of interest --Review.

(a) After an economic statement of interest is submitted, the office of corporation counsel shall examine the statement to ensure that it is complete, legible, and filed properly and in a timely manner.

(b) If a statement is not complete, the office of corporation counsel will notify the person who

filed the statement and afford the person thirty (30) days to provide the requested information.


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(c) The corporation counsel may forward a statement to the ethics commission with the recommendation that an audit be conducted to examine the information on the economic statement of interest.

(d) The office of corporation counsel shall make statements from all councilors and officials

available on its website. Sec. 293-326. Councillors filing for 2009.

The deadline for filing of Economic Statements of Interests under this division by councillors, the clerk of the council and employees of the council is postponed until July 1, 2009, to allow time for the council ethics committee to adopt an alternative form under Sec. 293-323(a). If the alternative form is not adopted by such date, councillors shall file the form required by this division. SECTION 5. This resolution shall be in full force and effect upon adoption and compliance with IC 36-3-4-14.

Councillor Vaughn reported that the Public Safety and Criminal Justice Committee heard Proposal Nos. 164 and 165, 2009 on May 6, 2009. He asked for consent to vote on these proposals together. Consent was given. PROPOSAL NO. 164, 2009. The proposal, sponsored by Councillors Vaughn and Cockrum, amends the Code to allow management tools for dealing with nuisance urban birds while upholding the state's wildlife laws regarding the protection of birds. PROPOSAL NO. 165, 2009. The proposal, sponsored by Councillor Vaughn, amends the Code to correct and standardize the terminology that references the Indianapolis Metropolitan Police Department. By 7-0 votes, the Committee reported Proposal No. 164, 2009 to the Council with the recommendation that it do pass as amended and Proposal No. 165, 2009 to the Council with the recommendation that it do pass. Councillor Vaughn moved, seconded by Councillor Hunter, for adoption. Proposal Nos. 164 and 165, 2009 were adopted on the following roll call vote; viz:

26 YEAS: Bateman, Brown, Cain, Cardwell, Cockrum, Day, Evans, Gray, Hunter, Lewis, Lutz, Mahern (B), Mahern (D), Malone, McHenry, McQuillen, Minton-McNeill, Moriarty Adams, Nytes, Oliver, Plowman, Sanders, Scales, Smith, Speedy, Vaughn 0 NAYS: 1 NOT VOTING: Mansfield 2 ABSENT: Coleman, Pfisterer

Proposal No. 164, 2009, as amended, was retitled GENERAL ORDINANCE NO. 46, 2009, and reads as follows:

CITY-COUNTY GENERAL ORDINANCE NO. 46, 2009 A PROPOSAL FOR A GENERAL ORDINANCE amends the Code to allow management tools for dealing with nuisance urban birds while upholding the state’s wildlife laws regarding the protection of birds.

BE IT ORDAINED BY THE CITY-COUNTY COUNCIL OF THE CITY OF INDIANAPOLIS AND MARION COUNTY, INDIANA:

SECTION 1. The Revised Code of the Consolidated City and County be, and is hereby, amended by deleting the language that is stricken-through and adding the underlined text to read as follows: Sec. 531-410. Protection of birds; exception.

(a) Unless acting pursuant to a valid permit issued by the United States Fish and Wildlife Service and/or the Indiana Department of Natural Resources, it shall be unlawful for a person willfully to injure, molest, attack or disturb in any way a bird, or the nests, eggs, young or brood of birds, in the city; provided, however, this section shall not apply to other than nonmigratory pigeons, starlings or any birds not protected declared or defined by any state or federal law or city ordinance as a public nuisance.

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(b) Whenever it appears, on complaint of residents, merchants, persons in business, owners or

operators of structures or buildings, or citizens generally, or otherwise, that nonmigratory pigeons, starlings, or other birds nonmigratory pigeons, starlings, or other birds birds not protected by state or federal law, constitute a public nuisance in any part of the city, the public safety board shall be authorized to use all necessary means to destroy the birds creating such nuisance, as follows:

(1) The public safety board is authorized to eradicate pests under subsection (a) of this section with firearms and otherwise; where firearms are used for such purpose, it shall not constitute a violation of the Code which pertains to the discharge of firearms in the city or county; and

(2) The public safety board is authorized to issue permits to persons in such instances and under

such terms and conditions as it finds necessary for the public safety to dispose of any nonmigratory pigeons, starlings or other birds declared or defined by state law as a public nuisancebirds not protected by state or federal law, upon the payment of one dollar ($1.00) by each person to the city controller, and any permit so issued shall be revocable at the will of the public safety board.

SECTION 3. This ordinance shall be in full force and effect from and after adoption and compliance with IC 36-3-4-14.


CITY-COUNTY GENERAL ORDINANCE NO. 47, 2009 PROPOSAL FOR A GENERAL ORDINANCE to amend the Revised Code to correct and standardize the terminology that references the Indianapolis metropolitan police department.


SECTION 1. Section 102-14 of the "Revised Code of the Consolidated City and County," regarding the definition of police, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 102-14. Police.

Police, or city police, or county police, means the metropolitan law enforcement agency Indianapolis metropolitan police department established in cChapter 279 of the Code, or a law enforcement officer who is a member of that agency. SECTION 2. Section 151-45 of the "Revised Code of the Consolidated City and County," regarding preservation of order and decorum in council meetings, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 151-45. Preservation of order and decorum.

The president of the council shall preserve order and decorum and, in the case of a disturbance or disorderly conduct in the chamber or in the adjacent lobbies, may cause the areas to be cleared. The president may appoint a sergeant-at-arms to assist in maintaining order and decorum at council meetings. The president may require the county sheriff, a deputy sheriff or an officer of the metropolitan law enforcement agency Indianapolis metropolitan police department to be present to assist in preserving order. SECTION 3. Section 251-133 of the "Revised Code of the Consolidated City and County," regarding the citizens’ police complaint board, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 251-133. Complaint board officers, quorum, attendance, and training.

(a) The voting members shall select one (1) voting member to serve as president of the complaint board.


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(b) Five (5) voting members of the complaint board shall constitute a quorum for the purpose of conducting business, and five (5) voting members must vote in favor of any item before any action or disposition can be taken.

(c) All voting and ex-officio complaint board members must attend a minimum of seventy-five (75) percent of the meetings. The appointing authority shall replace any member who fails to meet this attendance requirement within sixty (60) days of written notice of failure to meet this attendance standard.

(d) All voting members of the complaint board must participate in twenty (20) hours of training in police procedures, to be completed within six (6) months of their appointment, and shall receive an additional twenty (20) hours of such training per year. In addition, each voting member shall be required to accompany an on-duty officer of the metropolitan law enforcement agency Indianapolis metropolitan police department for a minimum of sixteen (16) hours per year, and for a minimum of four (4) hours per occasion, in order to observe police procedures first-hand. The appointing authority shall replace any member who fails to meet these training requirements after written notice to such member of failure to meet these standards. SECTION 4. Sections 251-135 and 251-136 of the "Revised Code of the Consolidated City and County," regarding the citizens’ police complaint office and the complaint investigation and hearing procedures, respectively, hereby are amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows:

Sec. 251-135. Complaint office executive director; staff.

(a) The director of the department of public safety after consultation with the sheriff shall appoint a full-time executive director of the citizens' police complaint office, subject to approval by the city-county council. The executive director shall be supervised by and subject to review and evaluation by the public safety director, with the advice and consent of the members of the citizens' police complaint board. The duties of the executive director shall include:

(1) Managing the citizens' police complaint office, including its staff; and

(2) Enhancing communications and good will between the police and the citizenry.

(b) The executive director shall have the authority to contract with investigators and legal counsel, if the city corporation counsel is not available, to aid in the investigation of complaints filed with or processed by the office.

(c) The executive director shall be in regular communication with the chief of the metropolitan law enforcement agency Indianapolis metropolitan police department and may make recommendations to the chief concerning matters of conduct and recurring issues that are processed by the citizens' police complaint office. The executive director shall also provide periodic reports for publication in the metropolitan law enforcement agency’s department’s annual report.

(d) Staffing and budget recommendations for the citizens' police complaint office shall be made by the public safety director in consultation with the executive director and the citizens' police complaint board.

(e) On a quarterly basis, the executive director shall forward a report of each complaint board member's attendance and each voting member's training, as required by section 251-133, to the member's appointing body, the public safety director, and the chief of the metropolitan law enforcement agency Indianapolis metropolitan police department. Sec. 251-136. Complaint investigation and hearing procedures.

(a) Upon the filing of a complaint, the executive director shall immediately send a copy of the complaint to the chief of the metropolitan law enforcement agency Indianapolis metropolitan police department or the chief's designee. In addition, the officer or officers alleged to be involved in the incident shall be notified of the date of the incident, and given a copy of the complaint. After the filing of a complaint, the complaint board shall table its own investigation for a period of sixty (60) working days to allow the metropolitan law enforcement agency department to conduct its own investigation and to allow the chief to take appropriate action. The chief may request an extension of time to complete the investigation from the public safety director; however, if deemed appropriate or necessary, the complaint board may order the executive director to conduct an independent simultaneous investigation before the end of the investigation conducted by the metropolitan law enforcement agency department. Such action

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must be authorized by a three-fourths ( 3/4) vote of the entire complaint board.

(b) When the investigation is returned to the citizens' police complaint office, the complaint board shall review the investigation conducted by the metropolitan law enforcement agency department and the action taken by the chief, if any. The complaint board may dispose of the complaint by endorsing the findings and action taken by the agency and shall notify the chief of this in writing. If the complaint board does not agree with the action taken by the chief or with the results of the investigation conducted by the agency, the complaint board may, by majority vote:

(1) Order the executive director to conduct an investigation into the allegations of the complaint; and/or

(2) Conduct an informal administrative hearing on the complaint; and/or

(3) Order the executive director to engage in a process of informal mediation to attempt to resolve

the complaint.

(c) If the complaint board determines to hold a hearing, the complaint office shall give written notice to all parties and witnesses at least fifteen (15) days in advance of the scheduled hearing. All testimony at such hearing shall be given under oath and under penalty of perjury.

(d) Upon the completion of the investigation by the complaint office or after the hearing, the complaint board shall make a disposition regarding the complaint. The disposition shall be one (1) or more of the following:

(1) Not sustained (when there is insufficient evidence to prove the allegation(s) made in the complaint by clear and convincing evidence);

(2) Sustained (when there is sufficient evidence to prove the allegation(s) made in the complaint

by clear and convincing evidence);

(3) Exonerated (when the allegation made in the complaint is false or not factual, or the conduct complained of was lawful and proper); and/or

(4) Withdrawn (when the complainant requests that no further action be taken on the case).

The disposition must be made within sixty (60) working days after the agency's investigation is returned to the complaint office or after the conclusion of the investigation conducted by the executive director pursuant to subsection (a) of this section.

(e) The findings and disposition of the complaint board shall be communicated to the chief in

writing within ten (10) days of the date of the disposition.

(f) If the chief does not confirm the findings and disposition of the complaint board within thirty (30) days of disposition, or if there is a conflict between the findings and disposition of the complaint board and the findings of the chief, then the complaint board may, upon a majority vote of its members, require mediation between the chief and the executive director.

(g) Any disciplinary action taken against an officer due to his or her involvement in an incident which resulted in a complaint being filed with the complaint office shall be communicated to the complaint board for disclosure to the public.

SECTION 5. Sections 251-603, 251-604, and 251-605 of the "Revised Code of the Consolidated City and County," regarding the powers, privileges, duties, authority, and uniforms of special police officers, hereby are amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 251-603. Scope of powers, privileges and duties.

(a) Special police officers, during the term of their appointment, have those powers, privileges and

duties as granted in writing by the director of the department of public safety. Such powers, privileges and duties may be subject to any terms, conditions, and limitations as the director deems appropriate or necessary; however, such powers, privileges and duties shall not exceed those powers granted to a member of the metropolitan law enforcement agency Indianapolis metropolitan police department.


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(b) Special police powers are in effect only while fulfilling the specific responsibilities for which the appointment is made. Sec. 251-604. Law enforcement authority.

The special police officers are subject to the authority of the director of the department of public safety and chief of the metropolitan law enforcement agency Indianapolis metropolitan police department. They shall obey all rules, regulations and orders of such agency as they apply to the specific powers granted by the director. Sec. 251-605. Uniforms.

Any uniform worn by a special police officer must be easily distinguishable from the design and colors of the official uniforms of the Indiana State Police and the metropolitan law enforcement agency Indianapolis metropolitan police department. SECTION 6. Article I of Chapter 279 of the "Revised Code of the Consolidated City and County," regarding general provisions with respect to the metropolitan law enforcement agency, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows:

ARTICLE I. IN GENERAL Sec. 279-101. Definitions.


Advisory council means the metropolitan law enforcement advisory council established pursuant to section 279-201 of this chapter.

Board means the metropolitan law enforcement merit board established by section 279-232 of this chapter.

Chief means the chief of the metropolitan law enforcement agency Indianapolis metropolitan police department appointed under section 279-221 of this chapter.

Indianapolis metropolitan police department or department means the Indianapolis metropolitan police department as established by section 279-102 of this chapter.

Metropolitan law enforcement agency or agency means the Indianapolis Metropolitan Police Department, as established by section 279-102 of this chapter.

Sheriff's department means the Marion County Sheriff's Department. Sec. 279-102. Establishment and jurisdiction.

(a) The metropolitan law enforcement agency Indianapolis metropolitan police department is established effective January 1, 2006 through the consolidation of the Indianapolis Police Department and the county police force of the sheriff's department as authorized by IC 36-3-1-5.1, and as provided by this chapter. The agency department constitutes:

(1) The legal successor-in-interest to both the Indianapolis Police Department and the county police force of the sheriff's department; and

(2) The police division of the city department of public safety.

(b) The metropolitan law enforcement agency department shall provide law enforcement services

for the consolidated city effective January 1, 2007. The agency, and may provide law enforcement services in an excluded city as provided in IC 36-1-7. Sec. 279-103. Transfer of members from other departments; effect on length of service and

participation in pension plans; and assumption of labor agreements.

(a) After December 31, 2006:

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(1) Members of the Indianapolis Police Department cease employment with the consolidated city; and

(2) County police officers cease employment as county police officers;

and become members of the metropolitan law enforcement agency Indianapolis metropolitan police department under this chapter.

(b) For purposes of this chapter, whenever a certain length of service with the agency department is required for a particular appointment, a member of the agency department with service as a member of the Indianapolis Police Department or a county police officer with the sheriff's department before January 1, 2007, shall have that service included in determining the member's total length of service with the agency department.

(c) As provided in IC 36-3-1-5.1, a member whose employment transfers to the agency department under this section:

(1) Remains a member of the pension fund, or an employee beneficiary of the pension trust in which the member participated prior to January 1, 2007;

(2) Retains pension fund or pension trust benefits and credit for service earned that accrued prior

to January 1, 2007; and

(3) Continues to earn service credit in the pension fund or pension trust as a member of the agency department for purposes of determining the member's eligibility for benefits.

(d) With respect to agreements with labor organizations, the agency department shall assume all

such agreements that:

(1) Are in effect on the effective date of the consolidation; and

(2) Apply to employees of either the Indianapolis Police Department or the sheriff's department and whose employment transfers to the agency department under this section.

(e) Members of the metropolitan law enforcement agency department may not be assigned to

divisions of the sheriff's department. Provided, however, at the sheriff's discretion, county police assigned to non-law enforcement divisions within the department on December 31, 2006, may continue such assignments through December 31, 2010. The agency department shall charge the department for the costs, including wages and benefits, associated with such a temporary assignment. Such employees shall not hold any rank in the agency department higher than their permanent rank during such temporary assignment.

(f) The chief, with the approval of the director of the department of public safety, shall endeavor to assign and maintain members of the agency department in a manner to achieve the goal of proportional representation of former police officers and sheriff's deputies throughout the divisions and appointed ranks of the agency department, including disciplinary board of captains appointments provided in subsection 279-237(j), through December 31, 2010. Sec. 279-104. Transitional merit process.

(a) Effective January 1, 2006, the existing merit promotions lists of both the Indianapolis Police Department and the sheriff's department shall expire. Prior to January 1, 2007, the two (2) departments shall engage in joint promotional processes for all merit ranks.

(b) For the period from January 1, 2007, through December 31, 2010, the chief, with the approval of the merit board, shall endeavor to promote members of the agency department in a manner to achieve the goal of proportional representation of former police officers and sheriff's deputies throughout the divisions and appointed ranks of the agency department. SECTION 7. Section 279-201 of the "Revised Code of the Consolidated City and County," regarding the law enforcement advisory council, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows:


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Sec. 279-201. Law enforcement advisory council.

(a) The law enforcement advisory council is hereby established, and shall be composed of the following members:

(1) The sheriff; (2) One (1) member appointed by the mayor; (3) Two (2) members appointed by the city-county council, who may not be from the same

political parties; (4) One (1) member with public safety expertise, appointed as provided by the city-county

council; (5) One (1) member with management expertise, appointed as provided by the city-county

council; (6) One (1) member with expertise in municipal finance and budgeting, appointed as provided by

the city-county council; and (7) The public safety director.

(b) The advisory council shall have, at a minimum, the following duties and responsibilities: (1) Review planning and operations of the agency Indianapolis metropolitan police department; (2) Review relevant fiscal matters; (3) Receive citizen input; (4) Make recommendations to the public safety director and chief on matters of priority and

policy; and (5) Exercise all powers necessary, convenient, or appropriate to perform the duties listed in

subdivisions (1) through (4) of this subsection.

(c) The advisory council is a public agency for purposes of IC 5-14-1.5 and IC 5-14-3. (d) Four (4) members of the advisory council constitute a quorum for the transaction of business. (e) The advisory council shall hold regular meetings at least once a month.

SECTION 8. Sections 279-221 through 279-226, inclusive, of the "Revised Code of the Consolidated City and County," regarding the metropolitan law enforcement agency chief, members, members’ powers and duties, budget, uniforms, and civilian employees, respectively, hereby are amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 279-221. Appointment and qualifications of chief; powers and duties.

(a) The metropolitan law enforcement agency Indianapolis metropolitan police department shall be under the direction of a chief, who serves at the pleasure of the director of the department of public safety.

(b) The director of the department of public safety shall appoint the chief of the metropolitan law enforcement agency department, after consultation with the sheriff and subject to city-county council confirmation. The chief shall serve at the pleasure of the public safety director. The chief, after consultation with the sheriff, shall appoint members to the rank of assistant chief, deputy chief, district deputy chief or equivalent positions, and shall present them in person to the sheriff and to the city-county council's public safety and criminal justice committee annually.

(c) In order to qualify for appointment, the chief must meet the requirements under IC 36-8-4-6.5.

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(d) If a person was a member of the metropolitan law enforcement agency department before the person's appointment as the chief of the metropolitan law enforcement agency department, upon the expiration of the person's term as chief, the board shall appoint the person to the permanent rank in the agency department that the person held at the time of the person's appointment as chief.

(e) If the person, during the person's tenure as chief, has qualified, in accordance with the promotion procedure prescribed by the board in its rules, for a rank in the agency department that is higher than the rank the person held before the persons appointment as chief, the board shall, upon the expiration of the person's term as the chief, appoint the person to the rank for which the person has qualified under the promotion procedure, if there is a vacancy in that rank.

(f)The chief shall have the powers and duties assigned to him or her in this chapter, and as otherwise provided by law. Specifically, the chief shall be responsible for establishing a system of orders and procedures for the agency department, hiring and discipline as provided by the merit system, and day-to-day operations of the agency department.

(g) The chief is hereby designated to serve as the co-applicant for a warrant or an extension of a warrant under IC 35-33.5-2. Sec. 279-222. Appointment of members.

Members of the metropolitan law enforcement agency Indianapolis metropolitan police department who are not transferred to the agency department under section 279-103 of this chapter shall be appointed as provided in division 3 of this article.

Sec. 279-223. Members' powers and duties.

(a) Each member of the metropolitan law enforcement agency Indianapolis metropolitan police department has:

(1) The powers set forth in IC 36-8-3-6; and

(2) The powers set forth in IC 36-8-10-9 that are not set forth in IC 36-8-3-6 and that are not reserved to the sheriff under section 281-612 of the Code.

(b) The members of the metropolitan law enforcement agency department shall perform law

enforcement duties as assigned by the director of the department of public safety or as required by law. Sec. 279-224. Budget and salaries; provision for payment of expenses.

(a) The expenses of the metropolitan law enforcement agency Indianapolis metropolitan police department are a part of the department of public safety's budget. The chief, with the approval of the public safety director, shall recommend the number and salary of the members of the metropolitan law enforcement agency department, but the city-county council shall finally determine the budget and salaries of the agency department.

(b) The consolidated city, the police special service district, and the county may levy property taxes as provided by law to provide for the payment of the expenses for the operation of the agency department. Sec. 279-225. Uniforms.

The city shall furnish the members of the agency department with the uniforms or other clothing that they need to perform their duties. However, after one (1) year of service in the agency department, a member may be required by the city to furnish and maintain the member's own uniform or other clothing upon payment to the member by the county of an annual cash allowance. Sec. 279-226. Civilian employees.

(a) The metropolitan law enforcement agency Indianapolis metropolitan police department shall make maximum use of civilian employees in positions not requiring fully trained or empowered police officers. The board shall prescribe and promulgate such rules and regulations as it deems necessary concerning the employment and management of such civilians. The chief, subject to the approval of the director of the department of public safety, shall be responsible for the hiring and supervision of all civilian employees of the agency department.


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(b) All civilian employees of the agency department, other than those in appointive positions, shall be considered merit employees. All civilian personnel management programs shall be administered in accordance with the merit systems outlined in division 3 of this article.

(c) All civilian employees shall serve as probationers for one (1) year from the date of employment. During this time, the employment of such employee may be terminated by the chief with or without cause, and such termination shall be final and not subject to review. If his or her employment is not otherwise terminated, such employee shall become a regular employee at the end of one (1) year and is subject to termination or discipline thereafter in conformity with the agency’s department’s rules and regulations. SECTION 9. Chapter 279, Article II, Division 3 of the "Revised Code of the Consolidated City and County," regarding the metropolitan law enforcement agency merit system, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows:

DIVISION 3. MERIT SYSTEM Sec. 279-231. Designation of merit system.

Pursuant to IC 36-3-1-5.1, the merit system established in this article is hereby designated the merit system for the metropolitan law enforcement agency Indianapolis metropolitan police department. Sec. 279-232. Merit board established.

(a) The merit board for the metropolitan law enforcement agency Indianapolis metropolitan police department is established, effective January 1, 2007.

(b) The board and merit systems of the Indianapolis Police Department and the sheriff's department are abolished, and the duties of those boards are transferred and assumed by the board, effective January 1, 2007 unless otherwise provided in this chapter. Sec. 279-233. Appointment or election of board members; qualifications.

(a) The board consists of seven (7) members as follows:

(1) Four (4) members appointed by the director of the department of public safety;

(2) For the first term of the board, one (1) member appointed by the metropolitan law enforcement consolidation transition authority;

(3) For all subsequent terms of the board, one (1) member appointed by the city-county council;

and

(4) Two (2) members elected by a majority vote of the active members of the agency department.

(b) An active member of the metropolitan law enforcement agency department may not serve on the board.

(c) The term of office for an appointed or elected member of the board is four (4) years, beginning on the date the member is qualified and assumes office, or for the remainder of an unexpired term. Members of the board serve during their respective terms and until their successors have been appointed and qualified.

(d) Not more than:

(1) Two (2) of the members appointed by the public safety director; or

(2) One (1) of the members elected by the members of the metropolitan law enforcement agency department;

may belong to the same political party.

(e) Each member of the board must reside in the county.

(f) Each member of the board may be removed for cause duly adjudicated by declaratory judgment of the Marion Superior Court.

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(g) Each member of the board is entitled to receive reimbursement from the county for actual

expenses incurred while serving as a member.

(h) As soon as practicable after they are appointed and elected, the members of the board shall meet upon the call of the public safety director and organize by electing a president and a secretary from among their membership.

(i) Four (4) members of the board constitute a quorum for the transaction of business.

(j) The board must hold regular monthly meetings throughout the year as is necessary to transact the business of the metropolitan law enforcement agency department. Sec. 279-234. Classification of ranks, grades and positions; appointment of members.

(a) The board shall establish a classification of ranks, grades, and positions for members of the metropolitan law enforcement agency Indianapolis metropolitan police department. For each rank, grade, and position, the chief, with the approval of the board, shall:

(1) Set reasonable standards of qualifications; and

(2) Fix the prerequisites of training, education, and experience.

(b) An individual may not be appointed or reappointed as a member of the metropolitan law enforcement agency department after December 31, 2006, unless the individual:

(1) Is less than thirty-six (36) years of age; and

(2) Passes:

a. The aptitude, physical agility, and physical examination required by the local board; and

b. The statewide baseline standards required by IC 36-8-8-19; however, this subsection does not apply to an individual who becomes a member of the metropolitan law enforcement agency department under section 279-103 of this chapter.

(c) The chief, with the approval of the board, shall devise and administer examinations designed

to test applicants for the qualifications required for the respective ranks, grades, or positions. After these examinations, the chief and the board shall jointly prepare a list naming only those applicants who, in the opinion of both the chief and the board, best meet the prescribed standards and prerequisites. The chief only appoints members of the metropolitan law enforcement agency department from among the persons whose names appear on this list. All members appointed to the metropolitan law enforcement agency department under this chapter are on probation for one (1) year after the date of appointment.

(d) The chief, in his or her sole discretion, may:

(1) Establish a temporary administrative rank or position within the agency department; and

(2) Appoint to and remove from a temporary administrative rank or position a member of the metropolitan law enforcement agency department who meets the requirements in subsection (e) of this section.

(e) Except as provided by sections 279-103 and 279-104 of this chapter, a member who has served

as a member of the agency department at least five (5) years before the appointment and holds the merit rank of at least lieutenant is eligible for appointment to a temporary administrative rank or position described in subsection (d) of this section. A member retains the rank, grade, or position awarded under subsection (c) of this section while serving in a temporary administrative rank or position. A temporary administrative rank or position established under subsection (d) of this section does not diminish or reduce the number and classifications of the existing merit ranks within the metropolitan law enforcement agency department. Subsection (d) of this section and this subsection may not be construed to limit, modify, annul, or otherwise affect a collective bargaining agreement.


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Sec. 279-235. Preferences for employment, promotions and appointments.

(a) Except as provided in subsections (b) and (c) of this section, the board shall give a preference for employment to a war veteran who has been honorably discharged from the United States Armed Forces.

(b) The board shall establish process phases and procedures for use in screening applicants to the department and members seeking promotion or appointment within the department. The board and the chief may use the services of professional consultants from outside the department to assist in developing and administering the process. The process phases shall be established in conformity with standard psychometric procedures, federal and state guidelines relating to selection methods, equal employment opportunity laws, court decisions and decrees that are binding on either the Indianapolis Police Department or the Marion County Sheriff's Department on the original effective date of this section, and generally acceptable law enforcement standards. The process may include, but need not be limited to, such phases as preliminary screening, physical agility testing, written examinations, interviews, background investigations, psychological testing, medical examinations, and polygraph examinations related specifically to the application process.

(c) A person described in subsection (a) of this section may not receive a preference for employment unless the person applies for such employment, and meets all employment requirements prescribed by:

(1) Law, including physical and age requirements; and

(2) The metropolitan law enforcement agency Indianapolis metropolitan police department. Sec. 279-236. Rules and regulations.

The board shall establish written rules and regulations governing the discipline of members of the metropolitan law enforcement agency department. Rules and regulations established under this section must conform to the disciplinary procedure required by section 279-237 of this chapter. Sec. 279-237. Discipline; merit board procedures and appeals.

(a) The civilian police merit board of the metropolitan law enforcement agency Indianapolis

metropolitan police department shall establish disciplinary policies for use in all disciplinary matters of the agency department. The merit board, in conjunction with the chief, subject to approval of the director of the department of public safety, shall establish the rules and regulations for the agency department. All disciplinary charges shall be based on these rules and regulations.

(b) Disciplinary actions within the agency department shall be in one (1) of the following forms:

(1) Written reprimand;

(2) Suspension without pay;

(3) Demotion; or

(4) Discharge.

(c) An officer may be placed on leave with pay for up to thirty (30) calendar days by the chief pending determination of final disciplinary action. Such leave with pay shall be considered a duty status and not a punishment.

(d) The chief shall have the ultimate authority to discipline any member of the agency department, subject only to the restrictions outlined below. In making his determination, the chief may refer the matter to a disciplinary board of captains for recommendation. Following his determination in a disciplinary matter, the chief may:

(1) Issue a written reprimand.

(2) Suspend an officer without pay for up to six (6) calendar months. If the suspension is for more than ten (10) working days, the officer may appeal that portion of the suspension greater than ten (10) days to the merit board. Such appeal must be made within thirty (30) calendar days of notice of the action.

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(3) Demote the officer in rank by one (1) merit rank. Any demotion may be appealed to the merit board within thirty (30) calendar days of notice of action.

(4) Recommend discharge of the officer to the merit board. Upon referral of the matter to the

merit board, the merit board shall conduct a de novo administrative hearing of record as provided in subsection (k) of this section. Pending determination by the merit board, the officer shall be placed on suspension without pay.

(5) Reinstate with pay any officer who previously was suspended without pay.

Provided, however, that the chief shall consult with the director of the department of public safety regarding any discipline exceeding a ten (10) day suspension.

(e) Departmental superiors shall have the authority to discipline subordinate officers as outlined

below. However, these superiors may recommend any of the above disciplinary actions to the chief through the chain of command.

(1) The assistant chief, deputy chiefs and majors may issue a written reprimand or suspend an officer for not more than ten (10) working days without pay. The chief may delegate additional disciplinary authority to the assistant and deputy chiefs.

(2) Captains may issue a written reprimand or suspend an officer for not more than three (3)

working days without pay.

(3) Lieutenants may issue a written reprimand or suspend an officer for not more than two (2) working days without pay.

(4) Sergeants may issue a written reprimand or suspend an officer for one (1) working day without

pay.

(f) Officers in non-merit appointed ranks who are classified by the agency department as exempt executive, administrative or professional employees pursuant to the provisions of the Fair Labor Standards Act are not subject to unpaid disciplinary suspensions other than for violations of safety rules of major significance unless the suspension is for the period of an entire workweek or a specified number of full workweeks.

(g) All disciplinary actions taken by anyone except the chief shall be forwarded in writing to the disciplinary board of captains through the chain of command within three (3) working days of the action. The disciplinary board of captains shall ensure due process and consistency of discipline throughout the department. This disciplinary board may conduct an administrative review of the matter, request further investigation by internal affairs or other appropriate personnel, or hold a hearing on the matter.

(h) If a hearing is held by the disciplinary board of captains, the officer charged shall be notified in writing of the charges, the time and date of the hearing, and the officer's right to receive in advance of the hearing a copy of any witness statement or other document that will be considered at the hearing. In such hearings, and pursuant to departmental policy, the officer shall have the right to have counsel present and to have witnesses subpoenaed by the board of captains to testify in his or her behalf upon advance notice to the board. All testimony before the captains' board shall be under oath, and any individual appearing before the board shall cooperate fully and answer all questions truthfully and directly. The hearing before the captains' board shall be conducted in accordance with the written directives of the chief and the merit board. After the hearing, the board of captains shall, upon majority vote, reduce to writing its findings of either guilty or not guilty.

(i) The disciplinary board of captains shall report the results of its review and/or hearing to the chief for determination. Included in this report shall be the disciplinary board's findings and recommendations. If the finding is "guilty," the disciplinary board shall also make its recommendations for punishment. The chief may concur with the captain's board in full or in part or may fully or partially reverse its recommendations.

(j) The disciplinary board of captains shall consist of three (3) officers holding the permanent merit rank of captain, who shall serve for a period of three (3) months. Each captain shall be selected at random. The names of the captains shall be drawn from a list of all eligible captains by the police officer ranking first on the most current sergeant's promotion list who shall serve for a period of three (3) months and who shall then be succeeded by the next highest ranking officer on such list who shall serve for a three-month period and so forth. If a vacancy occurs on the board of captains by reason of a board


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member becoming unable to perform his duties and serve on such board, the vacancy shall be filled in the same manner in which the board was selected.

(k) Disciplinary actions addressed by the merit board on appeal from the officer shall be handled through administrative hearing. This hearing shall be de novo and shall be a hearing of record. In making an appeal, the officer shall submit a written request for appeal to the merit board within thirty (30) calendar days of notice of disciplinary action. The merit board then shall schedule the hearing, providing the officer with at least fifteen (15) calendar days' notice prior to the hearing date; however, if there are criminal charges pending against the officer that arose from substantially the same conduct, circumstances, or subject matter that gave rise to the disciplinary action, then the merit board shall not conduct the hearing until after such criminal charges have been resolved at the trial level. The evidence before the merit board shall consist of the written charges and action taken on such charges, the findings of fact and recommendations from the chief and/or the disciplinary board of captains, and any other evidence requested by the merit board or presented by the charged officer.

(l) The officer requesting an appeal and the chief may be represented by legal counsel before the merit board.

(m) After hearing the evidence, the merit board shall, by majority vote, reduce its findings and decision to writing. The merit board may fully or partially affirm or reverse any portion of the chief's determination which is appealable. In addition, the merit board may remand the action for further review by the chief.

(n) If the officer is found not guilty by the merit board, any pay he or she may have lost due to suspension, or any rank lost due to demotion, shall be returned to the officer.

(o) Any officer who disagrees with the findings of the merit board shall have the right to file a verified petition to the Superior or Circuit Court of Marion County for a review of the decision. The petition for review must be filed within thirty (30) calendar days after the written decision of the board. The City of Indianapolis shall be the sole defendant in the petition for review. Within thirty (30) calendar days after receipt of a summons, the city shall cause the merit board to file a true and complete copy of the transcript of the hearing with the court. The court, without jury, shall review the record and render its decision as in other administrative reviews. The clerk of the court shall send a copy of the court's decision to the metropolitan law enforcement agency Indianapolis metropolitan police department and the appealing officer. Either party may appeal the decision of the court.

(p) For the purpose of all hearings before the disciplinary board of captains and the merit board, each shall have subpoena power enforceable by the circuit or superior court of the county.

(q) A copy of any disciplinary action taken and of the findings of fact and recommendations of the board shall be forwarded to the charged officer. In addition, if an officer is found guilty, notice of the action shall be forwarded to the merit board and made a permanent part of the officer's personnel record. SECTION 10. Sections 279-241, 279-242, and 279-243 of the "Revised Code of the Consolidated City and County," regarding residency, political activity of metropolitan law enforcement agency members, and members who become sheriff, respectively, hereby are amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 279-241. Residency of members.

A member of the agency department shall reside within Marion County or a county contiguous to Marion County; however, this section does not apply to a member of the agency department who:

(1) Was a member of the Indianapolis Police Department and becomes a member of the agency department under section 279-103 of this chapter; and

(2) Resided outside the county on January 1, 1975.

Sec. 279-242. Political activity of members.

A member of the metropolitan law enforcement agency Indianapolis metropolitan police department may:

(1) Be a candidate for elective office and serve in that office if elected;

(2) Be appointed to an office and serve in that office if appointed;

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(3) Except when in uniform or on duty, solicit votes or campaign funds for the member or others;

and

(4) Not be dismissed, demoted, or temporarily suspended because of political affiliation or activity that is authorized by this section.

Sec. 279-243. Member who becomes sheriff; effect on rank.

(a) If a person who is a member of the metropolitan law enforcement agency Indianapolis metropolitan police department becomes sheriff, either by election or by appointment, upon the expiration of the person's term as sheriff and upon the person's written application, the board shall appoint the person to the rank in the agency department that the person held at the time of the person's election or appointment as sheriff, if there is a vacancy in the agency department.

(b) If the person, during the person's tenure as sheriff, has qualified, in accordance with the promotion procedure prescribed by the board in its rules, for a rank in the agency department that is higher than the rank the person held before election or appointment as sheriff, the board shall, upon the expiration of the person's term as sheriff, appoint the person to the rank for which the person has qualified under the promotion procedure, if there is a vacancy in that rank. SECTION 11. Section 279-245 of the "Revised Code of the Consolidated City and County," regarding procedures in the event of a reduction in force of the metropolitan law enforcement agency, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 279-245. Procedures in the event of reduction in force.

(a) As used in this section, appointing authority means the chief and the board.

(b) When it is necessary for financial reasons for the appointing authority to reduce by layoff the number of members of the metropolitan law enforcement agency Indianapolis metropolitan police department, members shall be laid off in reverse hiring order, with the last member appointed to the agency department being the first to be laid off, until the desired level of employment is achieved.

(c) If the metropolitan law enforcement agency’s department’s membership is increased, the members of the agency department who have been laid off under subsection (b) of this section shall be reinstated before any new member is appointed to the agency department. Members shall be reinstated in reverse of the order in which the members were laid off with the last member laid off from the agency department being the first to be reinstated.

(d) A member of the metropolitan law enforcement agency department who is laid off shall keep the appointing authority advised of the member's current address. The appointing authority shall inform a member of the member's reinstatement by written notice sent by certified mail to the member's last known address.

(e) Not later than twenty (20) days after the date the notice of reinstatement is sent under subsection (d) of this section, the member shall advise the appointing authority whether the member:

(1) Accepts reinstatement; and

(2) Will commence employment on the date specified in the notice.

(f) All reinstatement rights granted to a member under this section terminate on the earlier of:

(1) The date the member fails to accept reinstatement within the time specified in subsection (e) of this section; or

(2) Three (3) years after the date on which a member's layoff begins.

SECTION 12. The title of Chapter 279, Article II, Division 5 of the "Revised Code of the Consolidated City and County" hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows:


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DIVISION 5. RESERVE MEMBERS OF THE METROPOLITAN LAW ENFORCEMENT AGENCY

INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT SECTION 13. Section 279-251 of the "Revised Code of the Consolidated City and County," regarding metropolitan law enforcement agency reserves, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 279-251. Created; chief to supervise; maximum number of members.

Pursuant to authority granted by and subject to the limitations of IC 36-8-3-20, there is hereby created a branch of the metropolitan law enforcement agency Indianapolis metropolitan police department to be known as the metropolitan law enforcement agency Indianapolis metropolitan police department reserves, which branch shall be under the direction and command of the chief or his or her designee. The number of members of the reserves shall be no greater than forty (40) percent of the authorized strength of sworn personnel of the agency department. SECTION 14. Section 279-255 of the "Revised Code of the Consolidated City and County," regarding appointment to the metropolitan law enforcement agency reserves, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 279-255. Appointment; members not to belong to regular police force; conferral of police

powers.

Appointment to the reserves shall be made by the chief. Members of the reserves may not be members of any regular police force. Members of the reserves shall have the same police powers as regular members of the metropolitan law enforcement agency department pursuant to section 279-223 of the Code, subject to such limitations as the chief may establish by adopting rules and regulations governing the same, subject to the approval of the director of the department of public safety. SECTION 15. Section 279-258 of the "Revised Code of the Consolidated City and County," regarding transfer of reserves to the metropolitan law enforcement agency, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 279-258. Transfer of reserves from Indianapolis Police Department and Sheriff's Department.

(a) After December 31, 2006, reserves of the Indianapolis Police Department and reserves of the sheriff's department become reserves of the metropolitan law enforcement agency Indianapolis metropolitan police department under this chapter.

(b) For purposes of this chapter, whenever a certain length of service with the agency Indianapolis metropolitan police department is required for a particular appointment, a reserve of the agency department with service as a reserve of the Indianapolis Police Department or the Sheriff's Department before January 1, 2007, shall have that service included in determining the reserve's total length of service with the agency department. SECTION 16. Sections 279-401 and 279-402 of the "Revised Code of the Consolidated City and County," regarding determination of pension fund membership, and leaves and holidays, respectively, hereby are amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 279-401. Determination of pension fund membership.

(1) A member of the county police force who was an employee beneficiary of the sheriff's pension trust before the consolidation of the law enforcement departments and after the consolidation becomes a law enforcement officer of the consolidated law enforcement Indianapolis metropolitan police department remains an employee beneficiary of the sheriff's pension trust. The member retains, after the consolidation, credit in the sheriff's pension trust for service earned while a member of the county police force and continues to earn service credit in the sheriff's pension trust as a member of the consolidated law enforcement department for purposes of determining the member's benefits from the sheriff's pension trust.

(2) Management of the sheriff's pension trust shall continue as currently constituted.

(3) A member of the police department of the consolidated city who was a member of the 1953 fund or the 1977 fund before the consolidation of the law enforcement departments and after the

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consolidation becomes a law enforcement officer of the consolidated law enforcement department remains a member of the 1953 fund or the 1977 fund. The member retains, after the consolidation, credit in the 1953 fund or the 1977 fund for service earned while a member of the police department of the consolidated city and continues to earn service credit in the 1953 fund or the 1977 fund as a member of the consolidated law enforcement department for purposes of determining the member's benefits from the 1953 fund or the 1977 fund.

(4) Whether members of the agency department are subject to Social Security withholding shall be determined by the Social Security Administration in accordance with federal and state law. No member of the sheriff's department who becomes a member of the agency department and remains in the sheriff's department pension plan will be removed from Social Security against his/her his or her wishes.

(5) A member who is appointed or re-appointed to the metropolitan law enforcement agency department after December 31, 2006, who was not employed by the sheriff's department or the Indianapolis Police Department on December 31, 2006, is a member of the 1977 fund.

(6) Members of the sheriff's department and of the police department shall not suffer any loss in pay, pension, or fringe benefits by reason of such consolidation. Sick leave, longevity and vacation time accrued by such members prior to consolidation shall be credited to members, subject to existing contracts. Nothing in this provision limits the ability of members, their collective bargaining agent and/or the metropolitan law enforcement agency department from negotiating pay, pension, fringe benefits or other job benefits.

(7) No members of the sheriff's department or police department shall be terminated due to this consolidation. Members shall retain the merit ranks they attained prior to consolidation, subject to changes due to disciplinary or other similar action. Sec. 279-402. Leaves and holidays.

(a) Members of the metropolitan law enforcement agency department who were transferred to the agency department from the Indianapolis Police Department or the county police force of the sheriff's department shall retain their leave accruals and holiday schedules as set forth in existing collective bargaining agreements between the Fraternal Order of Police Lodge No. 86 and the respective departments until such time as those agreements may be renegotiated with the metropolitan law enforcement agency department.

(b) Members of the metropolitan law enforcement agency department who are appointed by the agency department after December 31, 2006, who are not covered by subparagraph (a) shall accrue leaves and observe the holiday schedule as set forth in the collective bargaining agreement between the Fraternal Order of Police Lodge No. 86 and the Marion County Sheriff's Department for the period from January 1, 2003 through December 31, 2006 until such time as that agreement is renegotiated with the metropolitan law enforcement agency department.

(c) Upon the negotiation of any collective bargaining agreement(s) between the metropolitan law enforcement agency department and the bargaining agent of the members of that agency department, the leaves and holiday schedules set forth in such agreement(s) shall apply as set forth in such agreement(s). SECTION 17. Section 283-211 of the "Revised Code of the Consolidated City and County," regarding definitions used in Chapter 283, Article II, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 283-211. Definitions.


CJPC means the Marion County Criminal Justice Planning Council.

Executive committee means the voting members of the CJPC.

Participant agencies include the Marion County Sheriff's Department, the metropolitan law enforcement agency Indianapolis metropolitan police department, Marion County Prosecutor, Public Defender, Community Corrections, Indianapolis Marion County Forensic Services Agency (Crime Lab) and Marion County Clerk.

Courts includes the Circuit and Superior Courts of Marion County.


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SECTION 18. Section 283-222 of the "Revised Code of the Consolidated City and County," regarding membership of the criminal justice planning council, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 283-222. CJPC membership.

The CJPC shall be composed of the following members:

(a) Eleven (11) members of the executive committee:

(1) The Marion County Sheriff;

(2) Controller of the City of Indianapolis;

(3) The Marion County Prosecutor;

(4) The Presiding Judge of the Marion Superior Court;

(5) The Marion County Clerk;

(6) The Mayor of the City of Indianapolis;

(7) The chairman of the city-county council public safety committee;

(8) A member of Indianapolis-Marion County City-County Council appointed by its minority leader;

(9) The president of the city-county council.

(10) The chief public defender; and

(11) The public safety director.

and,

(b) Eighteen (18) advisory members:

(1) The chief of the metropolitan law enforcement agency Indianapolis Metropolitan Police

Department;

(2) The Director of Marion County Community Corrections;

(3) The Chief of Marion County Probation;

(4) The Director of the Indianapolis/Marion County Forensic Services Agency (i.e., "Crime Lab");

(5) The Judge of the Marion Superior Court, Juvenile Division;

(6) The Chief of Police of the Beech Grove Police Department;

(7) The Chief of Police of the Lawrence Police Department;

(8) The Chief of Police of the Speedway Police Department;

(9) The Chief of Police of the Southport Police Department;

(10) A representative of the Indiana State Police Department to be designated by its superintendent;

(11) The chairman of the information technology board;

(12) A representative from the Indiana Department of Correction to be designated by its director;

(13) A representative from the Indianapolis-Marion County Building Authority;

(14) The Director of the Metropolitan Emergency Communications Agency (MECA);

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(15) The judge serving as chairman of the Criminal Divisions of the Marion Superior Courts;

(16) A member of the Indianapolis or Marion County Bar Association appointed by the mayor; and

(17) An expert in criminal justice from the Indiana University School of Law appointed by the Marion County Prosecutor; and

(18) The Marion County Auditor.

(c) Advisory members of the CJPC shall participate in the discussions of the CJPC. Advisory

members do not have a vote on matters before the CJPC, nor have authority to make motions, calls for votes or otherwise affect the proceedings of the CJPC. SECTION 19. Section 283-321 of the "Revised Code of the Consolidated City and County," regarding the forensic services board, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 283-321. Board created; members; compensation.

(a) There is hereby created the Indianapolis-Marion County forensic services board, which shall consist of the following persons, who shall be appointed for the following terms:

(1) The coroner;

(2) The sheriff;

(3) The auditor, who shall serve without a vote;

(4) The chief of the metropolitan law enforcement agency Indianapolis metropolitan police department;

(5) One (1) person, appointed by the mayor, who shall have significant professional experience in

forensic medicine, pathology, toxicology, serology, chemistry or other comparable discipline, to serve at the pleasure of the mayor for an initial three-year term and thereafter for a two-year term; and

(6) One (1) person, appointed by the council, to serve at the pleasure of the council for a two-year

term.

(b) Board members shall serve in person or by a person permanently designated and without compensation.

(c) Board members shall be eligible for reappointment. SECTION 20. Section 291-112 of the "Revised Code of the Consolidated City and County," regarding the employee residence requirement, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 291-112. Employee residence requirement.

(a) After August 15, 1977, any person who accepts employment with the City of Indianapolis, or any special service or special taxing district thereof, or Marion County, must have his principal place of residence within the limits of Marion County or become a resident of the county within six (6) months of the date when he accepts such employment; and his position as an employee of such unit of government shall terminate six (6) months from the date that he moves his principal place of residence from the county.

(b) This section shall not apply to persons who have specialized skills or training if there is no suitable applicant for the position residing within the limits of Marion County, and the appropriate elected official or his designee approves.

(c) This section shall not apply to members of the fire forces of the city, who are governed by the provisions of IC 36-8-4-2, or to members of the metropolitan law enforcement agency Indianapolis metropolitan police department, who are governed by section 279-227 and 279-241 of the Code.


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(d) This section shall not apply to those persons who were nonresident employees of the county, the city, or any special service or special taxing district thereof, prior to August 15, 1977.

(e) This section shall not apply to any person who was a nonresident employee of an entity other than the City of Indianapolis, or any special service or special taxing district thereof, or Marion County and who became an employee of one (1) of those entities as a result of a transfer of the duties of his/her employer to the City of Indianapolis, or any special service or special taxing district thereof, or Marion County. However, if at any time during his/her employment with one (1) of those entities, such employee does become a resident, that employee shall thereafter be covered by this section. SECTION 21. Section 291-202 of the "Revised Code of the Consolidated City and County," regarding employee leave allowances, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 291-202. Leave allowances generally.

(a) Leave allowances shall be as indicated in the categories set out in this article. All leave periods are for the total time in any calendar year. Any employee transferring between city and county offices and departments covered by this chapter, within thirty (30) days of terminated employment, shall be considered to be in continued employment for leave purposes and such transfer shall not affect the employee's status as to accrued leave or eligibility for leave.

(b) In accordance with the reduction-in-force plan, in the case of a layoff, those employees laid off will receive credit for their previously accumulated sick leave and short term disability leave and years of service at the time of their reinstatement, provided they are recalled within one (1) year from the date they were laid off.

(c) Effective January 1, 2000, a sworn firefighter or a sworn police officer with the City of Indianapolis, or a sworn officer of the metropolitan law enforcement agency Indianapolis metropolitan police department, who, subsequent to July 1, 1996, retires after twenty (20) or more years of service or is eligible for the disability pension due to a line of duty injury or illness and is rehired by a department of the City of Indianapolis or Marion County in a civilian position within thirty (30) days of the date of retirement will be entitled to be paid for accumulated, unused annual leave time at his/her rate of pay at the time of retirement or eligibility for the disability pension and will be entitled to credit for years of service as a firefighter or police officer in determining benefit leave accrual pursuant to section 291-203. SECTION 22. Section 291-210 of the "Revised Code of the Consolidated City and County," regarding military leave for employees, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 291-210. Military leave.

(a) In general. Military leave shall be granted in accordance with appropriate state and federal law. In accordance with state law, a maximum of fifteen (15) eight-hour working days of paid military leave shall be granted. If an employee exceeds fifteen (15) days of military leave, then he/she may elect to go on leave without pay or to exhaust appropriate paid leave.

(b) Special benefits for certain extended active duty. As a demonstration of the gratitude of the people of Indianapolis and Marion County for city and county public employees whose lives are disrupted and who might suffer financial and personal hardships by answering the call to bear arms for military duty to defend America's freedom and way of life during state or national emergencies, the following supplemental military leave fringe benefits shall be provided to eligible employees whose active duty extends beyond the fifteen (15) days leave provided under subsection (a):

(1) For purposes of this subsection (b), "eligible employee" means any employee of the City of Indianapolis or of Marion County, including merit officers of the Marion County Sheriff's Department, the metropolitan law enforcement agency Indianapolis metropolitan police department, and the Indianapolis Fire Department, that serve in the National Guard or any reserve component of the armed forces of the United States and who by order of the Governor of Indiana or the President of the United States are placed on full-time active duty for more than thirty (30) days.

(2) If an eligible employee's active duty base on a weekly basis is less than the normal work-week

salary or wages earned by the eligible employee at the time of activation, such eligible employee shall receive a weekly payment as a fringe benefit equal to that difference, paid on the same schedule as if the employee were not on military leave.

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(3) If an eligible employee was a participant in a health benefit program provided by the city or

county that covered dependants of the eligible employee, the city or county shall pay the employee/employer contribution for such dependant coverage during such military leave.

(4) The employer contribution to PERF for an eligible employee shall be continued during the

period of military leave.

(5) For each eligible employee who is a Merit Officer of the Marion County Sheriff's Department, the employer shall pay the employee's contribution to the pension plan during the period of military leave.

(6) An eligible employee who serves more than thirty (30) days and less than one hundred eighty

(180) days on continuous active duty shall be granted an additional week of paid vacation leave; and an eligible employee who serves one hundred eighty (180) or more days of continuous active duty shall be granted an additional two weeks of paid vacation leave, in accordance with the department's current policies and procedures.

(7) The benefits provided under this subsection shall be administered as follows:

a. Eligible employees who wish to apply for these benefits shall notify the office of finance

and management and its human resources division as soon as possible after activation of their intent to claim such benefits providing documentation and verification of their orders to full-time active duty.

b. The benefits provided under this subsection shall be paid from the personal services

appropriations of the respective agency who employed the eligible employee; and the Council will entertain transfers or additional appropriation requests from any agency whose budget is inadequate to cover such benefits.

(8) This subsection shall be retroactive to January 1, 2003, for employees hired prior to that date.

SECTION 23. Section 291-216 of the "Revised Code of the Consolidated City and County," regarding on-duty injury leave for public safety officers, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 291-216. Public safety officer on-duty injury leave.

A public safety officer employed full-time by the metropolitan law enforcement agency Indianapolis metropolitan police department who sustains an on-duty injury which causes the public safety officer to be absent from work for more than forty (40) consecutive hours, shall receive forty (40) hours of on-duty sick leave, to be used during the qualifying period for short term disability leave as provided in section 291-204 of the Code, and/or workers' compensation benefits as provided by state law; however, in no event shall the public safety officer be entitled to receive more than his or her regular rate of pay. In order to qualify for this leave, the public safety officer must provide appropriate medical documentation. The leave taken pursuant to this provision shall not be deducted from the public safety officer's accrued benefit leave or short-term disability leave. SECTION 24. Section 291-602 of the "Revised Code of the Consolidated City and County," regarding definitions used in Chapter 291, Article VI, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 291-602. Definitions.

As used in this article (section 291-601 through 291-614), the following terms shall have the following meanings: ascribed to them in this section.

City means the employing authorities of Consolidated City of Indianapolis and Marion County.

Collective bargaining means to perform the mutual obligation of the employer, by its representatives, and the exclusive bargaining representative of employees in an appropriate bargaining unit to meet and negotiate in good faith at reasonable times and places with respect to terms and conditions of employment, and any subject covered by a collectively bargained agreement covering city employees on September 1, 2001 with the intention of reaching an agreement.


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Confidential employee means any employee who:

(1) Works in the office of the mayor;

(2) Works in the office of the city-county council;

(3) Works in the office of the corporation counsel;

(4) Works in the office of finance and management or its human resources division;

(5) Is secretary to a department head, director, or elected official; or

(6) Is the personal secretary of any supervisor, managerial, or confidential employee.

Employee means any active employee of the City of Indianapolis or Marion County, but the term employee does not include anyone who is:

(1) An employee of the court;

(2) A confidential employee;

(3) A managerial employee;

(4) A supervisor;

(5) An intermittent employee;

(6) A student employee;

(7) A temporary employee;

(8) A member of a board or commission;

(9) An individual in the custody of any law enforcement agency who is working in a program through such an agency;

(10) An attorney whose responsibilities include providing legal advice to the city or performing

legal research for the city as a client;

(11) An individual who performs internal investigations;

(12) A member of the Indianapolis Fire Department, the metropolitan law enforcement agency Indianapolis metropolitan police department, or the Marion County Sheriffs Sheriff’s Department who has less than one (1) year of employment with such department or agency;

(13) An employee of the county treasurer, clerk, auditor, prosecutor, surveyor, assessor, recorder,

or coroner unless the employee or group of employees is voluntarily recognized by the elected official holding said office; or

(14) An employee of the township assessor of Center Township, Decatur Township, Franklin

Township, Lawrence Township, Perry Township, Pike Township, Warren Township, Washington Township, or Wayne Township unless the employee or group of employees is voluntarily recognized by the township assessor.

Employee organization means an organization:

(1) In which employees participate, and

(2) That exists for the purpose of representing employees in collective bargaining.

Exclusive bargaining representative and bargaining agent mean an employee organization chosen

by employees in an appropriate bargaining unit pursuant to this article or recognized by the city as a representative of an appropriate bargaining unit before the adoption of this article.

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Managerial employee means any individual who:

(1) Has responsibility for a unit or sub-unit of a division of an agency or department;

(2) Participates in the formulation of policy;

(3) Is significantly engaged in executive or management functions;

(4) Is charged with the responsibility of directing the implementation of management policies, procedures or practices; or

(5) Is involved in administration of collective bargaining agreements or human resources or

personnel decisions, including, but not limited to, staffing, reductions, reorganizations, hiring, discipline, evaluations, pay, assignments, transfers, promotions or demotions.

Supervisor means any individual who has authority to hire, transfer, suspend, layoff, recall,

promote, demote, discharge, assign, reward or discipline other employees, or to adjust grievances, or effectively to recommend any such action. With respect to the Indianapolis Fire Department, "supervisor" includes all personnel at the rank of division chief or above. With respect to the metropolitan law enforcement agency Indianapolis metropolitan police department, "supervisor" includes all personnel with the rank of captain or above.

Temporary employee means an individual who is employed for not more than ninety (90) days.

Terms and conditions of employment means wages, hours, allowances, fringe benefits, facilities, equipment and other physical aspects of employment, personnel policies, and the voluntary payment of dues through payroll deduction. SECTION 25. Section 361-103 of the "Revised Code of the Consolidated City and County," regarding enforcement of rules and regulations regarding litter, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 361-103. Enforcement.

This chapter and the rules and regulations authorized in section 361-104 shall be enforced by the department of public works and/or the authorized designee of the director of the department of public works, the division of compliance of the department of metropolitan development, and the metropolitan law enforcement agency Indianapolis metropolitan police department. SECTION 26. Section 361-107 of the "Revised Code of the Consolidated City and County," regarding recovery of the cost of litter removal, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 361-107. Recovery by city of expenses of litter removal.

(a) The city is damaged by the depositing of litter within the city, and the cost of litter removal has become a significant expense of the city. It is intended that persons responsible for such expenses shall bear the costs of same. In order to recover the cost of litter removal, the city may bring a civil action against any person believed to be responsible for depositing litter. The city may, in order to avoid the necessity of the institution of such action, make an offer of settlement to any person believed to be responsible for depositing litter. If the settlement offer is accepted, no action will be instituted by the city.

(b) The division of compliance of the department of metropolitan development, and the metropolitan law enforcement agency Indianapolis metropolitan police department and their authorized agents, shall be responsible for determining the identity of persons responsible for damaging the city by depositing litter within the city, and, except as provided in subsection (d) of this section, are hereby empowered, as agents of the city, to make to any person believed to be responsible for damaging the city by depositing litter within the city, an offer of settlement as provided in subsection (a) of this section.

(c) The board of public works shall determine a standard amount of the settlement offer authorized to be made by this section. In determining the standard amount of the settlement offer, the board of public works shall consider only such factors as may reasonably be considered when any individual offer of settlement is determined.


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(d) The provisions of subsection (b) of this section shall not be construed to require that a settlement offer be made if the amount of damage caused by the litter being deposited in the city is significantly greater than the standard amount of the settlement offer determined by the board of public works pursuant to subsection (c) of this section. SECTION 27. Sections 391-203 and 391-204 of the "Revised Code of the Consolidated City and County," regarding abatement of nuisances, hereby are amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 391-203. Abatement by the division of compliance; fire department and metropolitan law

enforcement agency; health and hospital corporation.

(a) The division of compliance of the department of metropolitan development, acting in cooperation with the chiefs of the fire department and metropolitan law enforcement agency Indianapolis metropolitan police department and the officers of the health and hospital corporation, is charged with the duty of inspecting any building constituting a nuisance under this chapter and the division, or any of such officials, shall aid in abating any such nuisance and in enforcing the law in all matters within their respective jurisdiction and duties.

(b) Whenever the division of compliance has information from any source, including any of the officials named in subsection (a), that any building is alleged to be a nuisance within the provisions of this chapter, it shall cause an examination thereof to be made. If, in its opinion after such examination, the building constitutes a nuisance within the provisions of this chapter, it shall serve written notice upon the owner of the building or the person in possession, charge or control thereof, directing him to abate the nuisance, if it is abatable, and specifying the defects or things to be corrected to place the building in a safe condition, and to eliminate any condition producing such nuisance. If conditions are such that the defects or things cannot be corrected, eliminated or abated, the owner shall be ordered and required to demolish the building as provided by any applicable statute or by this Code. The notice shall provide and name a reasonable time within which the nuisance shall be abated or the building demolished.

(c) Upon the failure of the person notified to obey the notice given pursuant to subsection (b), the division of compliance, after the expiration of the time specified in the notice, shall cause a summons to be issued to the person requiring him to appear and show cause before the mayor, at a time and place named in the notice, why the nuisance should not be ordered to be summarily abated or, in event the alleged nuisance cannot be abated, why the building should not be demolished. If, upon a hearing of the case, to be conducted under the procedure for the revocation of licenses, the mayor determines that the building cannot be repaired or put in a safe condition, he shall render a decision and order that the building be demolished by the defendant within a time specified and, upon failure of the defendant to demolish it, the demolition shall be done by the city, or by a contractor in its behalf, at the expense of the defendant as provided by the statute thereon. In the event the mayor, upon such hearing, shall find that the building constitutes a nuisance, but that the nuisance can be abated by doing certain things to the building, such as repairs, changes, alterations or renovation, the mayor shall provide in his order how and in what manner the nuisance may be abated, and shall designate the time within which such acts must be begun and completed. In such case, the order shall further provide that if the defendant fails to begin compliance with such order within the time specified, notices shall be placed at all the entrances of the building, stating in substance that the premises therein have been condemned and declared to be a nuisance and unsafe and shall not be further used by any person. All the entrances to the premises upon the sidewalk, street or alley shall be blocked off by barriers or guardrails and may be securely locked. In the event of an appeal to a court being taken from the mayor's order, pending such appeal or other legal action, the division of permits shall cause to be erected on the street or sidewalk adjacent to the entrances of the building signs stating that the building has been declared to be dangerous and unsafe and a public nuisance. Such signs shall not be removed or defaced by any person and shall remain until such appeal or other legal action is finally decided. Sec. 391-204. Abatement of unsafe motor vehicles as nuisance by metropolitan law enforcement

agency.

(a) Any nuisance under this chapter created by the use of unsafe motor vehicles on the streets shall be abated by the metropolitan law enforcement agency Indianapolis metropolitan police department and the members thereof.

(b) Where it is shown that any owner of a motor vehicle drives or permits another to drive the

motor vehicle upon the streets, the driving of which, by reason of its age, condition or any defect therein, is dangerous or likely to cause injury to persons or damage to property, the chief of the metropolitan law enforcement agency Indianapolis metropolitan police department shall cause notice to be given to the owner or other person to remove the vehicle from the streets or to repair it, if the vehicle can be made

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safe by repair. In the event such person refuses to obey the notice, a summons shall be issued requiring him to appear before the mayor to show cause why the vehicle should not be declared a nuisance and abated. If, on the hearing, the mayor finds from the evidence that the vehicle is a nuisance within the meaning of this chapter, he shall enter an order so declaring and stating the terms of the abatement and the conditions upon which the vehicle may be driven upon the streets, if it can be and is repaired. Failure to remove from the streets or to repair such vehicle after the mayor so orders shall constitute a violation of this chapter. SECTION 28. Section 403-6 of the "Revised Code of the Consolidated City and County," regarding notice to police of unknown corpses, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 403-6. Notice to police of unknown corpses by undertakers.

All morticians, undertakers and others engaged in the burial or cremation of the dead, in all cases where unknown and unidentified deceased persons are handled by them, shall promptly notify the metropolitan law enforcement agency Indianapolis metropolitan police department of such fact and request the agency to take a complete set of fingerprints and photographs of the deceased person and investigate the same. Upon such request, it shall be the duty of such agency promptly to comply therewith by taking and investigating such fingerprints and photographs, and to report accordingly to the chief of the agency and to the mortician or funeral director. SECTION 29. Section 431-102 of the "Revised Code of the Consolidated City and County," regarding authority to close public ways, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 431-102. Temporary or emergency authority to close public ways.

(a) The director of the department of public works shall at all times have the right to close or to restrict the public use of any street or public place, or portions thereof, which is in the process of construction or repair, or is otherwise dangerous, or during any fire or other public emergency, and to barricade and bar the use thereof during such period.

(b) Where dangerous for use or travel during any fire or other emergency, the director of the department of public works, the chief of the fire division, the chief of the metropolitan law enforcement agency Indianapolis metropolitan police department, or the county sheriff may close any street until it is made safe and may bar or control all traffic thereon. All other boards controlling any public ways or places shall have like powers. SECTION 30. Section 431-503 of the "Revised Code of the Consolidated City and County," regarding protection of lots below street grade, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 431-503. Protection of lots below street grade.

Any person who owns property adjoining a street or sidewalk, the surface of which property close to any part of the street or sidewalk is lower than the street so as to make a dangerous offset, shall guard and enclose the lot securely on the side next to the street so as to prevent danger to persons passing along the street. It shall be the duty of the chief of the metropolitan law enforcement agency Indianapolis metropolitan police department, or other city officials charged with such duty, to cause written notice to be given to any person subject to this section to comply with this section within a reasonable time, not less than ten (10) days, and any person failing to do so within five (5) days after the expiration of the time fixed by the notice or as extended by the board of public works shall be guilty of a violation. SECTION 31. Section 441-101 of the "Revised Code of the Consolidated City and County," regarding definitions used in chapters 431, 441, 611, 621, and 691, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 441-101. Definitions.

As used in this chapter, chapter 431, chapter 611, chapter 621 and chapter 691, the following terms shall have the meanings ascribed to them in this section:.


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Alley means and includes:

(1) A public highway, either paved or unpaved, usually unnamed and without sidewalks, and being of varying widths upon to thirty (30) feet in width; occasionally having sidewalks, but differing from a public street in that it either intersects or is located within a city square or other tract of land, which is bounded on all or any side by public streets and is a secondary way used primarily to afford access, ingress and egress for rear or side entrances to land or structures abutting thereon, although also open and used for vehicular and pedestrian traffic; provided, however, whenever any public alley has been or hereafter is designated as a street and given a name by ordinance, it shall be deemed to be a public street and shall be subject to the regulations applicable to streets, so long as such ordinance establishing it as a street remains in effect, but upon repeal thereof it shall resume its status of an alley.

(2) The general definition of an alley in subsection (1) shall control in all instances where such

word is used in this Code, except when some other specific definition there is given and applied by any other chapter of this Code.

Authorized emergency vehicle means and includes vehicles of the fire and police forces, ambulances

and other kinds of emergency vehicles of municipal departments and other governmental units, of any public utility corporation, and of any hospital, public or private, as are so designated or authorized by the state safety committee or by any statute, this Code or any other city ordinance.

Bus means and includes every motor vehicle designed and operated as a public carrier of passengers for hire and used for the transportation of persons; and every other vehicle operated by any motive power, other than a taxicab, designed or used for such purpose, but not operated as a public utility carrier.

Business district means and includes the territory contiguous to and including a highway when fifty (50) percent or more of the frontage thereon for a distance of five hundred (500) feet or more is occupied by buildings in use for business.

Central traffic district means and includes all streets, alleys and public highways, and portions of streets, alleys and public highways, in the city within the area described as follows: Aall that area bounded by the north property line of St. Clair Street on the north; the east property line of Noble Street on the east; the south property line of Merrill Street on the south; and the west property line of West Street on the west.

Commercial vehicle means and includes every vehicle, regardless of motive power, including those moved by animal power, used to transport any person or property for hire, except vehicles of a public utility carrier.

Crosswalk means and includes:

(1) That part of a roadway at an intersection of any streets, or other place designed and marked by the city for the purpose of pedestrians crossing such streets, which is included within the space extending the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; and

(2) Any portion of a roadway at an intersection or elsewhere, which is distinctly indicated by the

city or other public authorities for pedestrian crossing by lines or other markings on the surface or by signs posted at such places.

Curb loading zone means and includes a space adjacent to and along a curb reserved and painted for

the exclusive use of vehicles during the loading or unloading of passengers or materials.

Driver and operator means and includes every person who drives or is in actual physical control of a motor vehicle or any other vehicle.

Forty-five (45) degree-angle parking means that vehicles shall be parked with the nearest front wheel as close as reasonably practicable to the curb or, if there is no curb, then to the line of the traveled roadway, and that the vehicle must form an angle of approximately forty-five (45) degrees with the curb or roadway line, when headed in the direction in which it is lawful to drive or operate such vehicle on the respective street or highway.

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Freight loading zone means a space adjacent to and along a curb reserved and painted for the

exclusive use of vehicles during the loading or unloading of freight or passengers.

Intersection means and includes:

(1) The area embraced within the part of the roadway lying in the extension of the lateral curblines or, if none, in the extension of the lateral boundary lines of the roadways of the two (2) or more highways which join one another at, or approximately at, right angles; or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

(2) Where a highway includes two (2) roadways divided by a space eight (8) feet or more in

width, every crossing of each roadway of the divided highway by an intersecting highway shall be regarded as a separate intersection. In the event the intersecting highway also includes two (2) similar roadways eight (8) feet or more apart, every crossing of such divided roadways of such highways shall be regarded as a separate intersection.

Laned roadway means a roadway which is divided into three (3) or more clearly marked lanes for

vehicular traffic, or into two (2) or more such lanes on a divided highway.

Limited-access highway means and includes every highway, street or roadway in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access thereto or therefrom, except at such points only and in such manner as may be determined by the public authority having jurisdiction over the highway, street or roadway.

Motor vehicle means and includes every vehicle which is self-propelled by a motor, or any device using any form of energy or power other than muscular power.

Motorcycle means and includes every motor vehicle having a saddle or seat for the use of the rider and designed to travel on two (2) and not more than three (3) wheels in contact with the ground, but excluding a tractor. All regulations in this chapter applicable to motor vehicles shall apply to motorcycles, unless clearly inapplicable thereto.

Officer means and includes every officer of the metropolitan law enforcement agency Indianapolis metropolitan police department, or any officer having police powers, authorized to direct or regulate traffic, to serve notices or to make arrests for violations of any traffic regulations of the city or state. The word "officer" shall also include any person authorized by the city or other public authorities to direct or regulate traffic or to serve notices for violations of this chapter, but who does not have general police powers.

Official time standard means that whenever certain hours are named in this chapter, or are otherwise made applicable, they shall mean standard time of the zone designated to apply to the city; but whenever daylight saving time is in current official use in the city, all hours so specified herein relating to parking or operation of vehicles shall be deemed adjusted to such daylight saving time.

Official traffic-control devices means and includes all signs, signals, markings and devices, not inconsistent with this Code, placed or erected by authority of a public body or official having jurisdiction thereof, for the purpose of regulating, controlling, warning or guiding traffic.

Owner means a person who holds the legal title of a vehicle; or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof, with the right of purchase upon the performance of the condition stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee, lessee or mortgagor shall be deemed the owner for the purposes of this chapter.

Park means, when prohibited, the standing upon any public street or public place of a vehicle,

whether occupied or not, other than temporarily and for not longer than five (5) minutes for the purpose of and while actually engaged in the loading or unloading of passengers; or temporarily and for not longer than twenty (20) minutes for the purpose of and while actually engaged in the loading or unloading of merchandise or property, but which is not so placed upon the street as unduly to obstruct traffic; or any vehicle so standing temporarily when disabled, if removed in thirty (30) minutes or upon order of a police or fire officer.

Passenger loading zone means a place adjacent to and along a curb reserved and painted for the exclusive use of vehicles during the loading or unloading of passengers.


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Pedestrian means and includes any person afoot.

Private road, driveway or entrance means and includes every way or place in private ownership,

used by the owner and those having express or implied permission from the owner for vehicular travel or for ingress and egress from his premises to any street, but not open for use by other persons.

Railroad means a public carrier of persons or property for hire upon cars, other than streetcars, operated by any motive power upon stationary rails.

Railroad sign or signal means and includes any sign, signal or device erected by authority of a public body or official or by a railroad, and intended to give notice of the presence of railroad tracks or the approach of a railroad train.

Railroad train means an engine with steam, electric or other power, with or without cars coupled thereto, operated upon rails, except streetcars.

Residence district means and includes the territory contiguous to and including a highway, not comprising a business district, when the property on the highway for a distance of five hundred (500) feet or more is in the main improved with residences or residences and buildings in use for business.

Right-of-way means the privilege of the immediate and preferential use of the highway.

Roadway means and includes that portion of a street or highway, improved or unimproved, which is designed or ordinarily used for vehicular travel. In the event a highway includes two (2) or more separate roadways, the term ""roadway"" shall refer to any such roadway separately, but not to all such roadways collectively.

Safety zone means and includes the area or space officially set apart within a roadway for the exclusive use of pedestrians, which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

Sidewalk means and includes that portion of a street between the curblines, or the lateral lines of a roadway, and the adjacent property lines, either used and intended for the use of pedestrians or so designated, and which is either paved or unpaved.

Stop means, when required, a complete cessation of movement.

Stop, stopping or standing means, when prohibited, any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic-control sign or signal, or when disabled by any mechanical failure, in which case it shall be removed as soon as reasonably possible.

Street or highway means and includes:

(1) The entire width between the property boundary lines of every way or public place, publicly maintained, when any part thereof is open to the use of the public for purposes of pedestrian and vehicular travel.

(2) In its broad meaning, as used in this Code, either "street" or "highway" shall include every part

of any public way or place, however designated, and all portions within its confines between property lines, however called and when used also for other purposes, such as roadways, paths, sidewalks, esplanades, parkways, bridle paths, tree rows, grassplots or utility easements.

Through or preferential highway means and includes every street or highway, or portion thereof, at

the entrance to which vehicular traffic from intersecting streets or highways is required by law to stop, or where stop signs are erected as provided in this chapter requiring such stop before entering or crossing the through or preferential highway, except where traffic signals or an officer directs traffic at any intersection.

Traffic means and includes pedestrians, ridden or herded animals, vehicles, streetcars and all other conveyances, either singly or together, while using any street or highway for purposes of travel or while stopping or parking thereon.

Traffic-control signal means and includes any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.

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Traffic division means the traffic division of the metropolitan law enforcement agency Indianapolis

metropolitan police department, or in the event a traffic division is not established or maintained, the term shall be deemed to refer to such agency.

Trailers and tractors means the same as the definitions therefor used by the general laws of the state.

Truck means and includes every motor vehicle designed, used or maintained primarily for the transportation of property.

Vehicle means and includes:

(1) Every conveyance or device in, upon or by which any person or property is or may be transported or drawn in any manner and for any purpose upon a highway, except vehicles or devices moved by human muscular power or used and operated exclusively upon stationary rails or tracks.

(2) Where used generally in this chapter or in this Code, such word shall also include motor

vehicles and motorcycles where not otherwise shown by the context. SECTION 32. Section 441-211 of the "Revised Code of the Consolidated City and County," regarding authority of police and fire officials with respect to traffic, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 441-211. General authority of police and fire department officials.

(a) It shall be the duty of the officers of the metropolitan law enforcement agency Indianapolis metropolitan police department, or such officers and persons as are assigned by the chief of such agency or the board of public safety for such purposes, to enforce all provisions of this chapter and other provisions of this Code, or any other ordinances or state laws applicable to traffic in the city.

(b) Officers of the metropolitan law enforcement agency department, or such persons or officers as are so assigned by the board of public safety or by the chief of such agency, are authorized by this chapter to direct and control all traffic by voice, hand, signs or signals in conformity with this chapter or other traffic laws and regulations. In the event of and during a fire, or any other emergency, or because of the condition of the street, to expedite traffic or to safeguard pedestrians or any person or property, any officers of the metropolitan law enforcement agency department may direct, control, divert or exclude traffic, as conditions may then and there require, notwithstanding any of the provisions of this Code or other ordinances or state traffic laws.

(c) Officers of the fire department, when at the scene of a fire or other occurrence, may direct or assist the police in directing and may limit, divert or exclude traffic at the scene of the fire or in the immediate vicinity thereof, while the emergency continues.

(d) IC 36-9-13 authorizes the Indianapolis-Marion County Building Authority to operate the city-county building and IC 36-8-10-10.6 allows the county sheriff to appoint building authority's security officers as special deputies for enforcing the laws. Thus, for the public safety of all users of the city-county building, such building authority security officers are specifically empowered and directed to enforce all laws, including posted no parking areas, on the public streets and sidewalks around the circumference of the building. Building authority security officers also shall enforce laws and building rules within the city-county building and grounds. SECTION 33. Section 441-221 of the "Revised Code of the Consolidated City and County," regarding the bureau of accident prevention, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 441-221. Created; authority generally.

(a) There is hereby created and continued, in and as auxiliary to the traffic division of the metropolitan law enforcement agency Indianapolis metropolitan police department, a bureau of accident prevention, to make a study of and to aid in avoiding or reducing accidents, reporting and removing dangerous conditions from any causes within the city, and to perform any other duties assigned to it by the board of public works and the superior officer of the traffic division.


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(b) Power is given the board of public works to assign to the bureau of accident prevention any officers or members of the metropolitan law enforcement agency department required for its duties and to provide for the various duties and operation thereof by such rules and regulations therefore as it may from time to time adopt. Bonds may be prescribed for any personnel required and fixed by this Code or by other ordinance, except where any such member of the agency so assigned is under a general bond which includes all duties performed by such member for the bureau. All compensation for such personnel shall be as fixed for their respective ranks in the agency by the annual budget or otherwise. SECTION 34. Section 441-365 of the "Revised Code of the Consolidated City and County," regarding special permits for restricted vehicles in emergencies, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 441-365. Special permits for restricted vehicles in emergencies.

Special permits, without charge, may be issued by the board of public works or by the metropolitan law enforcement agency Indianapolis metropolitan police department for some specific temporary use by restricted vehicles of any street in the city or for marked detours over any boulevards, whenever so necessary for any reason or in any emergency, and regardless of the weight limits prescribed in this division. The total maximum weight, with load, of any vehicle which is not so excepted for and during an emergency may be limited by the board of parks and recreation as to the use of any or all boulevards, based upon recognized engineering tests to determine what weights may be properly and safely borne by any of such particular pavements. SECTION 35. Section 531-712 of the "Revised Code of the Consolidated City and County," regarding enforcement of ordinances with respect to animals, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 531-712. Enforcement authority's rights and responsibilities.

(a) Persons who are individually charged with the enforcement of this chapter shall be designated animal care and control officers, and prior to the performance of any act in connection therewith, shall be appointed and sworn as special police officers pursuant to chapter 251, article VI of the Code. Such animal care and control officers shall also receive appropriate and relevant training and be certified by the National Animal Control Association or other appropriate agency.

(b) It shall be the duty of the metropolitan law enforcement agency Indianapolis metropolitan police department to assist in the enforcement of all provisions of this chapter and other ordinances in relation to animals, and it shall be the duty of all officers of such agency to report at once all violations thereof to police or sheriff's headquarters.

(c) Such officers are authorized to enforce all provisions of this chapter and section 836-5 of this Code, including the right to proceed upon public and private property in the city in pursuit of animals in violation of this chapter.

(d) Such officers are not authorized to enter a privately owned enclosure in pursuit of an animal without the consent of the owner, lessee or other occupant of the enclosure, or other legal process; provided, however, if any animal is believed to be enclosed without adequate food, shelter and water, or dead animals are believed to be enclosed, and such owner or occupant is not present and cannot readily be located, an animal care and control officer may affix a notice to the premises in an obvious location, directing the occupant to contact the officer at a given location and phone number. If neither the occupant nor anyone on the occupant's behalf responds to such notice within twenty-four (24) hours after the notice is affixed, an animal care and control officer may enter the premises to determine if the provisions of this chapter or section 836-5 of this Code have been violated. SECTION 36. Section 591-233 of the "Revised Code of the Consolidated City and County," regarding law enforcement assistance with respect to fire prevention ordinances, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 591-233. Law enforcement assistance.

The chief of the metropolitan law enforcement agency Indianapolis metropolitan police department may, upon request of the chief of the appropriate fire department or bureau, assign such available law enforcement officers as may be necessary to assist the appropriate department or bureau in the enforcement of this chapter.

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SECTION 37. Section 591-627 of the "Revised Code of the Consolidated City and County," regarding display of Halloween amusement permits, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 591-627. Display of permit required.

A permit issued pursuant to this division shall at all times be in a conspicuous place on the premises designated in the permit and shall at all times be subject to inspection by anyone duly authorized by the fire department or metropolitan law enforcement agency Indianapolis metropolitan police department. SECTION 38. Section 611-101 of the "Revised Code of the Consolidated City and County," regarding restrictions of vehicle size, length, and load, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 611-101. Restrictions on size, length and load.

(a) No vehicle shall be loaded and operated on the city streets in violation of any statute or this Code or otherwise so as to damage the street or constitute a hazard to other vehicles and persons lawfully using any street. No articles shall project in the front or rear thereof over four (4) feet and, if projecting, they shall be safeguarded by a red cloth by day and by a red light at night, each visible for five hundred (500) feet from the vehicle.

(b) No vehicles in excess of three (3) shall be connected together and be so operated as a train over the streets, unless in an emergency and after obtaining a special permit therefore, without charge, from the board of public safety or the chief of the metropolitan law enforcement agency Indianapolis metropolitan police department, or his authorized representative.

(c) No trailer or towed vehicle shall be separated more than six (6) feet from the vehicle drawing it, and proper warning lights on the rear of each vehicle shall be used at night, with the light on the back vehicle to be visible to the rear thereof for at least five hundred (500) feet. SECTION 39. Section 611-202 of the "Revised Code of the Consolidated City and County," regarding definitions used in Chapter 611, Article II, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 611-202. Definitions.


Accident means a collision of vehicles or a vehicle and an object on a public street, highway, right-of-way or publicly owned property.

Authority means the metropolitan law enforcement consolidation transition authority established under section 279-201 of the Code.

Committee means the metropolitan law enforcement consolidation transition advisory committee established under section 279-203 of the Code.

Council means the metropolitan law enforcement advisory council established under section 279-205 of the Code.

Franchise means the authority within a designated zone to tow vehicles on behalf of the city.

Franchise fee means that certain sum of money paid by the owner, operator, or authorized representative of same, of a towed vehicle by the franchised wrecker for remittance to the city, as a portion of the towing fee.

Impoundment means the act of taking temporary custody of a vehicle and towing it from a public street, highway or right-of-way to an authorized secured area.

Officer means and includes any member of the metropolitan law enforcement agency Indianapolis metropolitan police department.

Person means and includes all natural persons, firms, partnerships and corporations.


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Police hold means an order from the metropolitan law enforcement agency Indianapolis

metropolitan police department to impound a vehicle because of its suspected involvement in criminal activity.

Storage fee means that certain sum of money charged the owner, operator, or authorized representative of same, for the safekeeping of the impounded vehicle.

Tow means the act of lifting, pushing, pulling or removing a vehicle.

Towing fee means that certain sum of money charged the owner, operator, or authorized representative of same, of a towed vehicle.

Vehicle means a machine propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery, and shall include, without limitation, automobile, truck, trailer, motorcycle, tractor, buggy and wagon.

Wrecker means and includes any person engaged in the business of offering the services of a towing vehicle for use in removing, pulling, lifting or pushing another vehicle which is disabled, and shall include the employees, agents and towing vehicles used in the business of providing towing services. SECTION 40. Sections 611-204, 611-205, and 611-206 of the "Revised Code of the Consolidated City and County," regarding the removal of vehicles constituting a nuisance, and procedures for selecting wreckers, hereby are amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 611-204. Removal of vehicles constituting a nuisance.

Any officer, upon discovering a vehicle parked or left standing so as to constitute a public nuisance pursuant to the provisions of this article, shall cause the vehicle to be removed to an authorized storage place where it shall be impounded and detained as provided in this article. Such vehicles shall be released only upon order of the chief of the metropolitan law enforcement agency Indianapolis metropolitan police department, or upon an order of the judge of any court having jurisdiction over the vehicle. Sec. 611-205. Removal of vehicles; release.

(a) Any officer, upon discovering a vehicle parked or left standing so as to constitute a public nuisance, may cause the vehicle to be impounded. Impounded vehicles shall be released either upon payment by the owner, operator or authorized representative of same of the fees charged for impoundment and storage, or upon order of the chief of the metropolitan law enforcement agency Indianapolis metropolitan police department, or upon order of any court having jurisdiction over the vehicle.

(b) All vehicles impounded by reason of being wrecked or stolen and all vehicles otherwise coming into the custody or control of such agency, and those impounded for parking violations, may be impounded in lots maintained for such purposes by franchised wreckers or in a lot authorized and chosen by the director of the department of public safety, but that lot shall not be operated by any city or county governmental agency. The attendant for any central lot shall collect the towing fees for the franchised wreckers and shall remit same to the wreckers monthly, along with monthly reports to the public safety director in such form as the director shall prescribe. Sec. 611-206. Procedure for selecting wreckers.

(a) Franchise zones. The director of the department of public safety after consultation with the sheriff shall invite bids from wreckers for providing franchised towing services on the geographic basis of zones or on some other basis of distribution of towing services within the consolidated city established by the public safety director for the efficient organization of the removal of vehicles. The public safety director shall establish specifications which shall include but not be limited to the wrecker's towing vehicles, equipment, storage lot and insurance, and shall include same in all invitations to bid. Such specifications for bids shall be designed by the public safety director in consultation with the chief of the metropolitan law enforcement agency Indianapolis metropolitan police department. Bids shall be submitted according to such specifications and the requirements of the city purchasing division. The public safety director after consultation with the sheriff shall award each towing contract to the responsible and responsive bidder who offers to pay the highest franchise fee above the minimum

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franchise fee set by the public safety director or it may reject any and all bids received and call for new bids. A written contract shall be executed between the public safety director and each successful bidder.

(b) Franchise fee. Towing, storage and all other such fees that may be charged by a franchise wrecker as well as a minimum franchise to be paid by the wrecker shall be set by the public safety director and included in the specifications for bids. The amount of the franchise fee shall be established by competitive bidding as provided in subsection (a). Funds realized from the collection of franchise fees shall be deposited in the county general fund. SECTION 41. Sections 611-208 through 611-212, inclusive, of the "Revised Code of the Consolidated City and County," regarding removing and impounding vehicles, hereby are amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 611-208. Procedure for removing and impounding vehicles.

(a) Vehicles involved in an accident may be towed by any wrecker of the owner's or operator's choosing, provided that such wrecker may be summoned promptly to avoid creating a traffic hazard. If the officer on the scene of the accident determines a traffic hazard has been created by the delay in the arrival of the owner's or operator's chosen wrecker, or if the owner or operator does not care to select a wrecker of his own choice, the officer may declare the vehicle a traffic hazard, and it shall become subject to the officer's order to the contractor or other authorized wrecker to remove it from the scene. However, the vehicle shall not be subject to impoundment, but shall be towed to the destination selected by the owner or operator. If the owner or operator is under a disability by reason of injury or arrest, the vehicle shall be subject to impoundment upon order of the officer on the scene.

(b) Vehicles recovered as stolen or which come into the custody of the metropolitan law enforcement agency Indianapolis metropolitan police department for other reasons shall be subject to impoundment upon order of the officer having control of the vehicle.

(c) All other vehicles subject to removal under this article, including those in violation of parking ordinances, may be towed by the franchised wrecker for each designated zone, upon notification and order by an officer, and may be impounded and stored pursuant to the provisions of section 611-205. Sec. 611-209. Communications.

The chief of the metropolitan law enforcement agency Indianapolis metropolitan police department may authorize in writing each franchised wrecker to install emergency frequency monitor radios in its trucks for use in response to accident scenes and the locations of improperly parked vehicles. The franchised wrecker's tow trucks may only use such radios to respond to direct orders from the metropolitan law enforcement agency’s department’s dispatcher. Sec. 611-210. Unauthorized wrecker at scene.

(a) It shall be unlawful for any wrecker to proceed to the scene of an accident for solicitation purposes without having been summoned by either party involved in the accident or an officer at the scene of the accident. Such unauthorized response is declared a traffic hazard and harmful to the health, welfare and safety of the people of the city and county, and, as such, those wreckers so responding are declared public nuisances and subject to impoundment procedures, upon order of the officer at the scene of the accident.

(b) It shall be unlawful for any wrecker to monitor for profit emergency frequency radios installed in tow trucks without having written authorization for an emergency radio installation by the chief of the metropolitan law enforcement agency Indianapolis metropolitan police department. Sec. 611-211. Liability of city, county, and wrecker.

The city or county shall not be liable for any loss or damage which may occur to any vehicle which is removed pursuant to the provisions of this article. The wrecker shall indemnify and hold harmless the city and county, their officers, agents and employees, from any loss, claim, judgment or damages arising from the removal and storage of vehicles pursuant to this article. The wrecker shall have sole responsibility for any articles of personal property which may be contained in any vehicle at the time of its removal; such articles of personal property shall not be held by the contract wrecker in lieu of the service charges authorized herein but shall be returned by him or his agents to the owner thereof upon sufficient identification and proof of ownership. The officer directing the removal of a vehicle shall verify what personal property in plain view is contained in it prior to its removal, report such articles to the metropolitan law enforcement agency Indianapolis metropolitan police department and/or on the


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incident report, and if possible, remove all property of value to such agency's property room pursuant to existing agency regulations. If certain items of personal property cannot be stored by the agency, the wrecker company shall store said items, and the officer in charge shall furnish a copy of the list of said items to the wrecker truck operator for the use of the wrecker service. Said Such list prepared by the officer shall be signed by the wrecker operator after the wrecker operator has verified the existence of the items so listed. Sec. 611-212. Responsibility of wrecker at accident site.

A wrecker directed by an officer or the metropolitan law enforcement agency’s Indianapolis metropolitan police department’s dispatcher to remove vehicles from the scene of any accident shall clean the street or accident location of all debris caused by the accident. SECTION 42. Section 611-214 of the "Revised Code of the Consolidated City and County," regarding notice of vehicle removal, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 611-214. Notice of motor vehicle removal.

(a) Whenever a motor vehicle has been removed, the wrecker who moved said vehicle shall, within two (2) hours, give or cause to be given notice to the metropolitan law enforcement agency Indianapolis metropolitan police department of the fact of such removal and the reasons therefore and of the manner in which such vehicle may be reclaimed. Any such notice shall also be given to the proprietor of the storage lot or garage to which such vehicle is removed.

(b) Such notice shall include:

(1) A description of the vehicle;

(2) Its license number;

(3) The date and time of its removal;

(4) Location from where it was removed;

(5) Its present location;

(6) The name and address of its owner and last operator, if known;

(7) Its final disposition; and

(8) The reason for its removal.

(c) Notice is not required in the event:

(1) The owner or person in charge of such vehicle signs a release from such notice at the scene of the tow;

(2) The reason for the motor vehicle's removal was not an alleged violation of law; and

(3) The wrecker agrees and keeps such release on file for a period of thirty (30) days.

SECTION 43. Section 611-303 of the "Revised Code of the Consolidated City and County," regarding departmental responsibilities for removal, storage and disposal of abandoned vehicles, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 611-303. Responsibilities of the department of public safety and the department of public

works.

(a) The department of public safety and/or the department of public works shall be charged with the responsibility for the removal, storage and disposal of abandoned vehicles which have been impounded by the metropolitan law enforcement agency Indianapolis metropolitan police department pursuant to article II of this chapter and/or IC 9-22-1-1 et seq.

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(b) The department of public safety or the department of public works may enter into contractual arrangements for the disposal of vehicles which have been impounded pursuant to article II of this chapter and/or IC 9-22-1-1 et seq. and have been declared abandoned pursuant to the provisions of IC 9-22-1-1 et seq.

(c) The department of public works shall also be charged with the responsibility for the removal, storage, and disposal of abandoned vehicles other than those designated in subsection (a) of this section.

(d) The department of public works may employ personnel, and acquire equipment, property and facilities, to facilitate the removal of abandoned vehicles.

(e) The department of public works may enter into contractual arrangements with a towing service to provide for the removal, storage and disposal of abandoned vehicles.

(1) The contract for these services shall be awarded on the basis of specifications prepared by the department of public works.

(2) As a prerequisite for submitting a bid or quote, a towing service must maintain processing

equipment capable of disposing of vehicles by crushing or similar means. SECTION 44. Section 611-307 of the "Revised Code of the Consolidated City and County," regarding towing and storage charges, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 611-307. Towing and storage charges.

(a) An owner or lienholder who claims a vehicle impounded and declared abandoned by the metropolitan law enforcement agency Indianapolis metropolitan police department shall be charged a towing fee and a per-day storage fee consistent with the provisions of the contract entered into between the metropolitan law enforcement agency department and franchised wreckers as provided in article II of this chapter.

(b) Except as specified in subsection (a) above, an owner or lienholder who claims a vehicle removed and stored by the department of public works shall be charged a twenty-five dollar ($25.00) towing fee and ten dollars ($10.00) per day storage fee. The storage fee shall be allowed to accumulate for a maximum period of sixty (60) days. SECTION 45. Section 621-218 of the "Revised Code of the Consolidated City and County," regarding enforcement of Chapter 621, Article II with respect to parking meters, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 621-218. Responsibility for enforcement of this article.

The duties of and the responsibility for the enforcement of the provisions of this article involving offenses pertaining to parking of vehicles and parking meters and such other duties as may otherwise be prescribed in this article shall be vested in the board of public safety and the metropolitan law enforcement agency Indianapolis metropolitan police department. SECTION 46. Section 621-225 of the "Revised Code of the Consolidated City and County," regarding notice of parking meter violations, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 621-225. Notice for violation of this article.

Whenever a member of the metropolitan law enforcement agency Indianapolis metropolitan police department, or any other person designated by the board of public safety and charged with the enforcement of this article, shall find that any provision of this article or Code is being or has been violated by the owner, driver or operator of any vehicle, the officer or other authorized person shall notify in writing the owner, driver or operator of the violation, and further procedure shall be as provided in this chapter. SECTION 47. Section 621-309 of the "Revised Code of the Consolidated City and County," regarding removal, impoundment and return of vehicles in snow emergencies, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows:


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Sec. 621-309. Removal, impounding and return of vehicles.

(a) Individuals shall be charged with the responsibility of knowing the priority of their street of residence and deemed to know the same. Further, individuals shall be responsible for ascertaining the priority of the street upon which they are traveling or upon which they have become stalled and deemed to know the same and shall take whatever measures necessary to remove stalled vehicles from those routes in accordance with this article.

(b) The department of public works and the metropolitan law enforcement agency Indianapolis metropolitan police department are hereby authorized to remove or have removed a vehicle from a street to the nearest garage or other place (including another place on a street) or to a garage designated or maintained pursuant to a contract with the City of Indianapolis and Marion County, when:

(1) The vehicle is parked on a part of a priority street on which a declared prohibition is in effect;

(2) The vehicle is stalled on a part of a priority street on which there is a covering of snow or ice, or on which there is a declared parking prohibition in effect and the person who was operating such vehicle does not appear to be removing it in accordance with the provisions of this article;

(3) The vehicle is parked in violation of any parking ordinance or provision of law and is

interfering or about to interfere with snow removal operations.

(c) In the event that it is deemed by any law enforcement officer that a vehicle shall be towed for the purpose of storage, such officer shall order the vehicle towed immediately in accordance with the provisions of this article. In the event that there is an insufficient number of contract wreckers available, the mayor or the mayor's designee shall have the authority to enter into a service contract with other wrecker services for the purpose of towing vehicles during the period of the snow removal operations. Vehicles shall be towed to any approved storage lot owned by a wrecker service. In the event that there is no space available on such a lot, the vehicle shall be stored at such a site designated by the law enforcement officer.

(d) Whenever a vehicle has been removed from a street as authorized in this section and the appropriate agency is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, such agency shall, as soon as possible, give or cause to be given notice in writing to such owner of the fact of such removal and the reasons therefor and of the manner in which such vehicle may be reclaimed. In this event, any such notice shall be given to the proprietor of such storage lot or garage.

(e) Whenever an officer removes or has removed a vehicle from a street under this section and does not know and is not able to ascertain the name of the owner, or for any reason is unable to give the notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of three (3) days, then and in that event the officer shall immediately send or cause to be sent a written report of such removal by mail to the bureau of motor vehicles and shall file a copy of such notice with the proprietor of any storage lot or garage in which the vehicle may be stored.

(f) No person shall recover any vehicle removed in accordance with this section except as provided herein. Before the owner or person in charge of such vehicle shall be allowed to recover it from the place where it has been placed or impounded, he shall present to a member of the appropriate law enforcement agency evidence of his identity and right to possession of the vehicle, and shall:

(1) Sign a receipt for its return;

(2) Pay the cost of removal; and

(3) Pay any cost of storage accrued for each additional day or portion thereof thereafter.

Until paid, these charges constitute a lien on the vehicle which may be enforced in the same manner as a garage keeper's lien in accordance with the provisions of the applicable state statutes.

(g) It shall be the duty of the appropriate law enforcement agency to keep a record of each vehicle

removed in accordance with this section. The record shall include:

(1) A description of the vehicle;

(2) Its license number;

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(3) The date and time of its removal;

(4) Location from where it was removed;

(5) Its present location;

(6) The name and address of its owner and last operator, if known;

(7) Its final disposition; and

(8) The parking violation involved.

(h) This section shall be supplemental to any other provisions of law granting members of the metropolitan law enforcement agency Indianapolis metropolitan police department authority to remove vehicles.

(i) Any party who received a citation for violation of any provision of this article shall pay a penalty of twenty-five dollars ($25.00), which is in addition to any and all other costs as provided in subsection (f) of this section and subsection (a) of section 441-215. The twenty-five dollar penalty shall be deposited in the accounts of the City of Indianapolis.

(j) In the event an individual feels that he has been improperly fined as a result of this article, he may enter a plea of not guilty and shall be entitled to a hearing in the court of appropriate jurisdiction. SECTION 48. Section 621-431 of the "Revised Code of the Consolidated City and County," regarding enforcement of ordinances with respect to loading zones in the regional center, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 621-431. Enforcement.

(a) It shall be the duty of the metropolitan law enforcement agency Indianapolis metropolitan police department to enforce the provisions of this division and of any regulation enacted under this division.

(b) In enforcing the provisions of this division or any regulation enacted under this division, the

above agency is authorized, without limitation, to ticket, and to tow vehicles. SECTION 49. Section 621-501 of the "Revised Code of the Consolidated City and County," regarding stopping, standing or parking next to a fire hydrant, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 621-501. Stopping, standing or parking in proximity to fire hydrant or fire protection systems

with a fire department connection.

It shall be unlawful for the owner, driver or operator of any vehicle to park, stop, stand or permit a vehicle to be parked, to be stopped or to stand at any time, day or night, within twelve (12) feet, measured laterally along the curbline, of any fire hydrant or fire department connection, provided, however, this section shall not apply to any emergency vehicle of a fire department, the metropolitan law enforcement agency Indianapolis metropolitan police department or sheriff's department, emergency medical services, official vehicles of the city, county or state, official volunteer firefighters and emergency medical technicians, and any other type of departmental equipment used by them, while and where actually engaged in authorized work upon the surface or other portions or appurtenances to a highway, except that all such persons shall exercise reasonable care to avoid injury to any person or damage to any property. This section shall not apply to those vehicles stopping or standing when in a line of traffic due to official traffic-control devices, signals or orders of public safety officers. SECTION 50. Section 631-121 of the "Revised Code of the Consolidated City and County," regarding enforcement of general ordinances with respect to parks and recreation, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 631-121. Enforcement of this chapter.

The board of parks and recreation, the director of parks and recreation, park superintendents, recreation supervisors, park police, metropolitan law enforcement agency Indianapolis metropolitan


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police department officers, state law enforcement officers, all health authorities, and the custodians and other employees of the department of parks and recreation appointed and sworn as special police officers pursuant to chapter 251, article VI of the Code, are authorized and empowered to enforce any and all provisions of this chapter and laws of the state and city in all places under the control of the department of parks and recreation. SECTION 51. Section 641-1 of the "Revised Code of the Consolidated City and County," regarding definitions used in Chapter 641, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 641-1. Definitions.


Law enforcement officer means and includes any sworn member of the metropolitan law enforcement agency Indianapolis metropolitan police department, and any person granted law enforcement authority by any other officer or employee of Indianapolis or Marion County to whom law enforcement power has been lawfully granted.

Law enforcement agency means and includes the metropolitan law enforcement agency Indianapolis metropolitan police department, Indiana state police, and the police agencies of all included and excluded cities and towns within the boundaries of Marion County. SECTION 52. Section 645-705 of the "Revised Code of the Consolidated City and County," regarding records of a utility’s work in public rights-of-way, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 645-705. Records.

(a) Each utility having the right to install and locate poles, service lines, conduits or other utility facilities of any kind in the public rights-of-way and places of the city shall at all times maintain a record of the same, their locations in the public streets or public places of the city, and a record of the location and dates of repairs made to those facilities within the last eight (8) years. Such records and copies thereof shall be made available, on demand, to the mayor, the director of public works, the chiefs of the fire department and metropolitan law enforcement agency Indianapolis metropolitan police department, or any board or other city official requiring and requesting such information. All records of all abandoned lines and of the removal of all utility poles, conduits, pipes, lines and other facilities shall be kept by the utility for a period of at least three (3) years and be available to the city authorities, or copies of such records be furnished on demand.

(b) It shall be unlawful for any utility required to keep records by this section to fail to keep such records, or to fail to produce and make them available to the city authorities on written demand. SECTION 53. Section 811-112 of the "Revised Code of the Consolidated City and County," regarding definitions used in Chapter 811, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 811-112. Definitions.


Alarm administrator means the person designated by the director of the department of public safety to discharge the duties and responsibilities as prescribed in this chapter. The alarm administrator shall be an employee of the department.

Alarm business means any individual, partnership, corporation or other entity which does any of the following: monitors, leases, maintains, services, repairs, alters, replaces, moves or installs any alarm system or causes to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure, facility or grounds.

Alarm system means any device used for the detection of an unauthorized entry or attempted entry into a building, structure, facility or grounds, or for alerting others of the commission of an unlawful act within a building, structure, facility or grounds, which when activated causes notification to be made directly or indirectly to the metropolitan law enforcement agency Indianapolis metropolitan police department.

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For the purposes of this chapter, alarm system shall not include:

(1) An alarm installed on a motor vehicle;

(2) An alarm designed so that the metropolitan law enforcement agency Indianapolis metropolitan police department is not notified until after the occupants, an agent of the owner or lessee, or an agent of an alarm system business has checked the alarm site and determined that the alarm was the result of criminal activity of the kind for which the alarm system was designed to give notice;

(3) An alarm which signals or alerts only the occupants of the premises protected by the alarm

system, including an alarm located on a private residence if the only response on activation of the alarm system is a sounding alarm that automatically stops within fifteen (15) minutes after activation; or

(4) An alarm installed upon premises occupied by the United States of America, the state or any

political subdivision thereof.

False alarm means an alarm eliciting a police response when the situation does not require police services. For the purposes of this chapter, this does not include alarms triggered by severe atmospheric conditions or other circumstances not reasonably under the control of the alarm user, installer or maintainer.

Monitor or monitoring means the detection from a remote location of the activation of an alarm system subject to this chapter. SECTION 54. Section 811-212 of the "Revised Code of the Consolidated City and County," regarding application for an alarm business license, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 811-212. Application for license.

(a) All applications for a license required by this article shall be made on forms designed by the alarm administrator and shall include the following information:

(1) The full name and address of the alarm business;

(2) The full name, business address and home address of the owner or manager; and

(3) A telephone number at which the metropolitan law enforcement agency Indianapolis metropolitan police department can notify personnel of the alarm business of a need for assistance at any time.

(b) An alarm business shall promptly notify the alarm administrator in writing of any change in

the information contained in the application form. SECTION 55. Section 811-215 of the "Revised Code of the Consolidated City and County," regarding alarm business operational requirements, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 811-215. Verification of alarm required before notification.

(a) An alarm business which monitors an alarm system located within the city shall not notify the metropolitan law enforcement agency Indianapolis metropolitan police department that an alarm has been activated, until first attempting to verify the activation by reaching the person having control over the property by telephone, or by other means available to the alarm business. Once the agency has been notified, the alarm business shall immediately attempt to contact any other person who the alarm business knows may be able to verify the activation of the alarm. The alarm business shall immediately notify the agency if it is able to contact such other person.

(b) Failure to comply with the provisions of this section shall constitute a violation of this Code. SECTION 56. Section 831-8 of the "Revised Code of the Consolidated City and County," regarding inspection of amusement locations, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows:


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Sec. 831-8. Inspections; report of violations.

It shall be the duty of every law enforcement officer, and all persons designated by the chief of the metropolitan law enforcement agency Indianapolis metropolitan police department, county sheriff and controller, to make frequent inspections of all amusement locations, and amusement machines, and if any gaming, improper or unlawful practices are observed to report the same to the chief of the metropolitan law enforcement agency department or county sheriff for proper action and also to the controller, who thereupon may recommend proceedings to revoke the registration. SECTION 57. Sections 931-104 and 931-105 of the "Revised Code of the Consolidated City and County," regarding notice of claims for damage or loss, and notice of unclaimed vehicles, in a commercial parking facility, respectively, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 931-104. Notification of claims for damage or loss.

Every registrant under this chapter shall notify, within five (5) days, the metropolitan law enforcement agency Indianapolis metropolitan police department of every claim the asserted value of which is five hundred dollars ($500.00) or more, by reason of the loss, theft or conversion of any motor vehicle, or personal property contained therein, while such vehicle was parked at the commercial parking facility. Sec. 931-105. Notification to police of unclaimed vehicles.

Every registrant under this chapter shall immediately give written notice to the metropolitan law enforcement agency Indianapolis metropolitan police department of the license number, make, and name of the owner, if known to the registrant, of every motor vehicle which is left unclaimed in the commercial parking facility for a period of forty-five (45) consecutive days. SECTION 58. Section 996-24 of the "Revised Code of the Consolidated City and County," regarding applications for public vehicle for hire operator’s license, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 996-24. Attachments to the application.

Each application shall be accompanied by:

(1) Two (2) recent photographs of the applicant in a format prescribed by the controller, designed to be easily attachable to the license;

(2) A complete set of the applicant's fingerprints in a format prescribed by the controller;

(3) A copy of the applicant's Indiana driving record certified within ten (10) days prior to

submission of the application;

(4) A copy of the applicant's limited criminal history from the Indiana State Police and from the metropolitan law enforcement agency Indianapolis metropolitan police department, as provided by IC 5-2-5-5; and

(5) Such additional items as the controller deems necessary.

SECTION 59. Section 996-133 of the "Revised Code of the Consolidated City and County," regarding complaints with respect to public vehicles for hire, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored, to read as follows: Sec. 996-133. Complaints.

(a) Any person knowing of the misconduct of any licensee under this article may present a complaint to any police officer of the city or to the controller. The controller shall investigate the complaint with the assistance of the metropolitan law enforcement agency Indianapolis metropolitan police department, if the controller deems such assistance necessary. The metropolitan law enforcement agency department shall file with the controller a report of the facts relating to such conduct. The controller shall then notify the licensee in writing that charges have been filed against him, setting a time for a hearing on such charges as provided in chapter 801, article IV, of the Code.

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(b) If additional complaints or violations of this chapter are observed against a licensee within a twelve (12) month period and after a hearing by the controller found to have merit, the controller shall impose not less than a one (1) week suspension, and if determined to be beneficial by the controller, require the operator to successfully complete the forty (40) hour training program pursuant to section 996-27 during the suspension. SECTION 60. The expressed or implied repeal or amendment by this ordinance of any other ordinance or part of any other ordinance does not affect any rights or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date of this ordinance. Those rights, liabilities, and proceedings are continued, and penalties shall be imposed and enforced under the repealed or amended ordinance as if this ordinance had not been adopted. SECTION 61. Should any provision (section, paragraph, sentence, clause, or any other portion) of this ordinance be declared by a court of competent jurisdiction to be invalid for any reason, the remaining provision or provisions shall not be affected, if and only if such remaining provisions can, without the invalid provision or provisions, be given the effect intended by the Council in adopting this ordinance. To this end the provisions of this ordinance are severable. SECTION 62. This ordinance shall be in effect from and after its passage by the Council and compliance with Ind. Code § 36-3-4-14.

Councillor Hunter reported that the Public Works Committee heard Proposal Nos. 166 and 167, 2009 on May 14, 2009. He asked for consent to vote on these proposals together. Consent was given. PROPOSAL NO. 166, 2009. The proposal, sponsored by Councillor Hunter, establishes that the Council, as the fiscal body of the City and County, is interested in making a purchase of specified land owned by James D. and Ova Hix, pursuant to IC 36-1-10.5-5, for construction of a public works project. PROPOSAL NO. 167, 2009. The proposal, sponsored by Councillor Hunter, establishes that the Council, as the fiscal body of the City and County, is interested in making a purchase of specified land owned by The Riviera Club, Inc., pursuant to IC 36-1-10.5-5, for construction of a public works project. By unanimous votes, the Committee reported the proposals to the Council with the recommendation that they do pass. Councillor Hunter moved, seconded by Councillor Day, for adoption. Proposal Nos. 166 and 167, 2009 were adopted on the following roll call vote; viz:


Proposal No. 166, 2009 was retitled GENERAL RESOLUTION NO. 7, 2009, and reads as follows:

CITY-COUNTY GENERAL RESOLUTION NO. 7, 2009 PROPOSAL FOR A GENERAL RESOLUTION establishing that the City-County Council of the City of Indianapolis and Marion County, Indiana, is interested in making the purchase of specified land.

WHEREAS, the City-County-Council of the City of Indianapolis and Marion County, Indiana (“City-County Council”) is the fiscal body of the City of Indianapolis pursuant to IC 36-1-10.5-1, et seq.; and

WHEREAS, pursuant to IC 36-1-10.5-5 the City of Indianapolis may purchase land only after the

City-County Council passes a resolution to the effect that the City-County Council is interested in making a purchase of specified land; and


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WHEREAS, the City of Indianapolis wishes to purchase permanent drainage easements and right-of-way upon a particular parcel of real estate located in Marion County, which acquisitions are described in Exhibit “A”, and shown in Exhibit “B”, which are attached hereto and incorporated herein (“Real Estate”); and

WHEREAS, the Real Estate is being acquired for a public works project designed to make drainage

improvements to Highland Creek and more commonly identified as Project FC-146-001; and WHEREAS, the City-County Council, having considered the acquisition of the Real Estate

Easements and being duly advised, finds that the City-County Council has an interest in acquiring the Real Estate Easements; now, therefore:


SECTION 1. The City-County Council hereby establishes that the City-County Council has an interest in acquiring the Real Estate described in Exhibit “A” (a copy of which is attached to the official copy of the resolution on file with the Clerk of the Council). SECTION 2. For purposes of Revised Code Sec. 151-66 the Real Estate is owned by James D. and Ova Hix through a deed recorded in the office of the Marion County Recorder as Instrument Number 80-34441. SECTION 3. This resolution shall be in effect from and after its passage by the Council and compliance with Indiana Code § 36-3-4-14.


CITY-COUNTY GENERAL RESOLUTION NO. 8, 2009 PROPOSAL FOR A GENERAL RESOLUTION establishing that the City-County Council of the City of Indianapolis and Marion County, Indiana, is interested in making the purchase of specified land. WHEREAS, the City-County-Council of the City of Indianapolis and Marion County, Indiana (“City-County Council”) is the fiscal body of the City of Indianapolis pursuant to IC 36-1-10.5-1, et seq.; and WHEREAS, pursuant to IC 36-1-10.5-5 the City of Indianapolis may purchase land only after the City-County Council passes a resolution to the effect that the City-County Council is interested in making a purchase of specified land; and WHEREAS, the City of Indianapolis wishes to purchase land through permanent easements and/or temporary work/storage area easements upon a particular parcel of real estate located in Marion County, which acquisitions are described in Exhibit “A”, and shown in Exhibit “B”, which are attached hereto and incorporated herein (“Real Estate”); and WHEREAS, the project for which the Real Estate is being obtained is designed to upgrade and improve Lift Station #507; and WHEREAS, the City-County Council, having considered the acquisition of the Real Estate Easements and being duly advised, finds that the City-County Council has an interest in acquiring the Real Estate Easements; now, therefore:


SECTION 1. The City-County Council hereby establishes that the City-County Council has an interest in acquiring the Real Estate described in Exhibit “A” (a copy of which is attached to the official copy of the resolution on file with the Clerk of the Council). SECTION 2. For purposes of Revised Code Sec. 151-66 the Real Estate is owned by The Riviera Club, Inc., through deeds which were recorded in the office of the Marion County Recorder as Deed Record 1501, Pg 123-124, Deed Record 1562, Pg 754-757, and Instrument Number 70-48834.

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SECTION 3. This resolution shall be in effect from and after its passage by the Council and compliance with Indiana Code § 36-3-4-14.

Councillor Hunter reported that the Public Works Committee heard Proposal Nos. 168-171 and 173, 2009 on May 14, 2009. He asked for consent to vote on these proposals together. Consent was given. PROPOSAL NO. 168, 2009. The proposal, sponsored by Councillor Plowman, authorizes intersection controls at Platinum Place and Sheridan Avenue (District 25). PROPOSAL NO. 169, 2009. The proposal, sponsored by Councillor Moriarty Adams, authorizes parking restrictions on Windsor Drive between Arlington Avenue and Catherwood Avenue (District 17). PROPOSAL NO. 170, 2009. The proposal, sponsored by Councillors Moriarty Adams and Hunter, authorizes parking changes on New York Street (Districts 17 and 21). PROPOSAL NO. 171, 2009. The proposal, sponsored by Councillors Moriarty Adams and Hunter, authorizes parking changes on Michigan Street (Districts 17 and 21). PROPOSAL NO. 173, 2009. The proposal, sponsored by Councillor Gray, authorizes the removal of parking meters on both sides of Illinois Street between 38th Street and 39th Street (District 8). By 8-0 votes, the Committee reported the proposals to the Council with the recommendation that they do pass. Councillor Hunter moved, seconded by Councillor Moriarty Adams, for adoption. Proposal Nos. 168-171 and 173, 2009 were adopted on the following roll call vote; viz:



CITY-COUNTY GENERAL ORDINANCE NO. 48, 2009 A GENERAL ORDINANCE amending the “Revised Code of the Consolidated City and County,” Sec. 441-416, Schedule of intersection controls.


SECTION 1. The “Revised Code of the Consolidated City and County,” specifically, Sec. 441-416, Schedule of intersection controls, be and the same is hereby amended by the addition of the following, to wit: BASE MAP INTERSECTION PREFERENTIAL TYPE OF CONTROL 33 Platinum Pl Sheridan Ave Stop Sheridan Ave SECTION 2. This ordinance shall be in full force and effect upon adoption and compliance with IC 36-3-4-14.


CITY-COUNTY GENERAL ORDINANCE NO. 49, 2009 A GENERAL ORDINANCE amending the “Revised Code of the Consolidated City and County,” Sec. 621-121, Parking prohibited at all times on certain streets.


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SECTION 1. The “Revised Code of the Consolidated City and County,” specifically, Sec. 621-121, Parking prohibited at all times on certain streets, be and the same is hereby amended by the addition of the following, to wit:

Windsor Drive, on the north side, from Arlington Avenue to Catherwood Avenue

SECTION 2. This ordinance shall be in full force and effect upon adoption and compliance with IC 36-3-4-14.


CITY-COUNTY GENERAL ORDINANCE NO. 50, 2009 A GENERAL ORDINANCE amending the “Revised Code of the Consolidated City and County,” Sec. 621-121, Parking prohibited at all times on certain streets; Sec. 621-122, Stopping, standing or parking prohibited at all times on certain designated streets; Sec. 621-124, Parking prohibited during specified hours on certain days; Sec. 621-125, Stopping, standing and parking prohibited at designated locations on certain days and hours; and Sec. 621-202, Parking meter zones designated.


SECTION 1. That the Revised Code of the Consolidated City and County, Indianapolis/Marion County, Indiana, specifically Sec. 621-121, Parking prohibited at all times on certain streets, be, and the same is hereby amended by the deletion of the following, to wit:

New York Street, on the north side, from Arsenal Avenue to Highland Avenue.

New York Street, on the north side, from Oakland Avenue to Parker Avenue.

New York Street, on the south side, from Forest Street to the first alley west of Forest Street. SECTION 2. That the Revised Code of the Consolidated City and County, Indianapolis/Marion County, Indiana, specifically Sec. 621-122, Stopping, standing or parking prohibited at all times on certain designated streets, be, and the same is hereby amended by the deletion of the following, to wit:

New York Street, on the north side, from the first alley west of College Avenue to Arsenal Avenue

New York Street, on the south side, from Arsenal Avenue to State Street

New York Street, on the south side, from Sherman Drive to a point 150 feet west of Sherman Drive SECTION 3. That the Revised Code of the Consolidated City and County, Indianapolis/Marion County, Indiana, specifically Sec. 621-122, Stopping, standing or parking prohibited at all times on certain designated streets, be, and the same is hereby amended by the addition of the following, to wit:

New York Street, on both sides, from a point 520 feet west of Gale Street to Gale Street

New York Street, on the north side, from Meridian Street to Pennsylvania Street

New York Street, on the north side, from Talbott Street to Delaware Street

New York Street, on the north side, from a point 290 feet west of Highland Avenue to State Avenue

New York Street, on the south side, from a point 280 feet west of Capitol Avenue to Capitol Avenue

New York Street, on the south side, from a point 80 feet west of Illinois Street to Meridian Street

New York Street, on the south side, from a point 100 feet west of East Street to East Street

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New York Street, on the south side, from Dickson Street to Highland Avenue

New York Street, on the south side, from a point 150 feet west of Emerson Avenue to Emerson Avenue SECTION 4. That the Revised Code of the Consolidated City and County, Indianapolis/Marion County, Indiana, specifically Sec. 621-124, parking prohibited during specified hours on certain days, be, and the same is hereby amended by the deletion of the following, to wit:

ON ANY DAY EXCEPT SATURDAYS AND SUNDAYS From 7:00 a.m. to 6:00 p.m.

New York Street, on the south side, from Illinois Street to Meridian Street

ON ANY DAY EXCEPT SATURDAYS, SUNDAYS AND HOLIDAYS

From 7:00 a.m. to 6:00 p.m.

New York Street, on the north side, from Alabama Street to East Street

New York Street, on the north side, from Pennsylvania Street to Delaware Street

New York Street, on the north side, from Senate Avenue to Meridian Street

New York Street, on the south side, from Illinois Street to Meridian Street

New York Street, on both sides, from West Street to Senate Avenue SECTION 5. That the Revised Code of the Consolidated City and County, Indianapolis/Marion County, Indiana, specifically Sec. 621-125, Stopping, standing or parking prohibited at designated locations on certain days and hours, be, and the same is hereby amended by the deletion of the following, to wit:

ON ANY DAY EXCEPT SATURDAY AND SUNDAY

From 6:00 a.m. to 9:00 a.m. and From 3:00 p.m. to 6:00 p.m.

New York Street, on the south side, from Senate Avenue to Illinois Street

ON ANY DAY EXCEPT SATURDAY

AND SUNDAY From 3:00 p.m. to 6:00 p.m.

New York Street, on the south side, from State Street to LaSalle Street

New York Street, on the south side, from Delaware Street to East Street

New York Street, on the south side, from Dickson Street to Arsenal Avenue

ON ANY DAY EXCEPT SATURDAYS,

SUNDAYS AND HOLIDAYS From 7:00 a.m. to 9:00 a.m.

New York Street, on the north side, from Sherman Drive to Arsenal Avenue

SECTION 6. That the Revised Code of the Consolidated City and County, Indianapolis/Marion County, Indiana, specifically Sec. 621-202, Parking meter zones designated, be, and the same is hereby amended by the deletion of the following, to wit:

TWO HOURS

New York Street, on the north side, from Pierson Street to Pennsylvania Street

New York Street, on the south side, from a point 47 feet east of Illinois Street to a point 149 feet east of Illinois Street

New York Street, on the south side, from Senate Avenue to Capitol Avenue


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SECTION 7. That the Revised Code of the Consolidated City and County, Indianapolis/Marion County, Indiana, specifically Sec. 621-202, Parking meter zones designated, be, and the same is hereby amended by the addition of the following, to wit:

TWO HOURS

New York Street, on the north side, from a point 106 feet east of Illinois Street to Meridian Street SECTION 8. This resolution shall be in full force and effect upon adoption and compliance with IC 36-3-4-14.


CITY-COUNTY GENERAL ORDINANCE NO. 51, 2009 A GENERAL ORDINANCE amending the “Revised Code of the Consolidated City and County,” Sec. 621-121, Parking prohibited at all times on certain streets; Sec. 621-122, Stopping, standing or parking prohibited at all times on certain designated streets; Sec. 621-124, Parking prohibited during specified hours on certain days; and Sec. 621-125, Stopping, standing and parking prohibited at designated locations on certain days and hours.


SECTION 1. That the Revised Code of the Consolidated City and County, Indianapolis/Marion County, Indiana, specifically Sec. 621-121, Parking prohibited at all times on certain streets, be, and the same is hereby amended by the deletion of the following, to wit:

Michigan Street, on the north side, from a point 100 feet east of Bancroft Street to the first alley east of Bancroft Street

Michigan Street, on the north side, from Sherman Drive to LaSalle Street

Michigan Street, on the south side, from Gray Street to a point 60 feet east of Gray Street

SECTION 2. That the Revised Code of the Consolidated City and County, Indianapolis/Marion County, Indiana, specifically Sec. 621-122, Stopping, standing or parking prohibited at all times on certain designated streets, be, and the same is hereby amended by the deletion of the following, to wit:

Michigan Street, on both sides, from Meridian Street to West Street

Michigan Street, on both sides, from White River Parkway, to West Drive

Michigan Street, on the north side, from Leon Street to Arsenal Avenue

Michigan Street, on the south side, from Davidson Street to Highland Avenue

Michigan Street, on the south side, from New Jersey Street to a point 134 feet east of New Jersey Street

Michigan Street, on the north side, from Pennsylvania Street to Delaware Street SECTION 3. That the Revised Code of the Consolidated City and County, Indianapolis/Marion County, Indiana, specifically Sec. 621-122, Stopping, standing or parking prohibited at all times on certain designated streets, be, and the same is hereby amended by the addition of the following, to wit: Michigan Street, on both sides, from a point 190 feet west of Gale Street to a point 470 feet west of Gale

Street

Michigan Street, on both sides, from White River Parkway, West Drive to Meridian Street

Michigan Street, on both sides, from Delaware Street to Pennsylvania Street

Michigan Street, on both sides, from Pine Street to College Avenue

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Michigan Street, on the north side, from Woodruff Place West Drive to Leon Street

Michigan Street, on the south side, from Leon Street to East Street SECTION 4. That the Revised Code of the Consolidated City and County, Indianapolis/Marion County, Indiana, specifically Sec. 621-124, parking prohibited during specified hours on certain days, be, and the same is hereby amended by the deletion of the following, to wit:

ON ANY DAY EXCEPT SATURDAYS, SUNDAYS AND HOLIDAYS From 7:00 a.m. to 6:00 p.m.

Michigan Street, on the north side, from New Jersey Street to Delaware Street

Michigan Street, on the south side, from East Street to Pennsylvania Street

SECTION 5. That the Revised Code of the Consolidated City and County, Indianapolis/Marion County, Indiana, specifically Sec. 621-125, Stopping, standing or parking prohibited at designated locations on certain days and hours, be, and the same is hereby amended by the deletion of the following, to wit:


From 6:00 a.m. to 9:00 a.m.

Michigan Street, on the north side, from Sherman Drive to Ellenberger Parkway, West Drive.

Michigan Street, on the north side, from East Street to New Jersey Street.

Michigan Street, on the south side, from Rural Street to Highland Avenue.


From 6:00 a.m. to 9:00 a.m. and From 3:00 p.m. to 6:00 p.m.

Michigan Street, on the north side, from LaSalle Street to Arsenal Avenue.

SECTION 6. This resolution shall be in full force and effect upon adoption and compliance with IC 36-3-4-14.


CITY-COUNTY GENERAL ORDINANCE NO. 52, 2009 A GENERAL ORDINANCE amending the “Revised Code of the Consolidated City and County,” Sec. 621-202, Parking meter zones designated.


SECTION 1. The “Revised Code of the Consolidated City and County,” specifically, Sec. 621-202, Parking meter zones designated, be and the same is hereby amended by the deletion of the following, to wit:

TWO HOURS

Illinois Street, on both sides, from Thirty-Eighth Street to Thirty-Ninth Street

SECTION 2. This ordinance shall be in full force and effect upon adoption and compliance with IC 36-3-4-14.

PROPOSAL NO. 175, 2009. Councillor Lutz reported that the Rules and Public Policy Committee heard Proposal No. 175, 2009 on May 12, 2009. The proposal, sponsored by Councillor Cockrum, reviews the 2009 tax rates, tax levies and budgets of certain civil taxing


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units and adopts recommendations with respect to such tax rates, levies and budgets. By a 6-0-1 vote, the Committee reported the proposal to the Council with the recommendation that it do pass. Councillor Lutz stated that he abstained in Committee and asked for consent to do so again to avoid the appearance of a conflict of interest, as he represents a couple of these entitites in his private law practice. Councillor Plowman moved, seconded by Councillor McQuillen, for adoption. Proposal No. 175, 2009 was adopted on the following roll call vote; viz:

26 YEAS: Bateman, Brown, Cain, Cardwell, Cockrum, Day, Evans, Gray, Hunter, Lewis, Mahern (B), Mahern (D), Malone, Mansfield, McHenry, McQuillen, Minton-McNeill, Moriarty Adams, Nytes, Oliver, Plowman, Sanders, Scales, Smith, Speedy, Vaughn 0 NAYS: 1 NOT VOTING: Lutz 2 ABSENT: Coleman, Pfisterer

Proposal No. 175, 2009 was retitled SPECIAL RESOLUTION NO. 20, 2009, and reads as follows:

CITY-COUNTY SPECIAL RESOLUTION NO. 20, 2009 A PROPOSAL FOR A SPECIAL RESOLUTION reviewing the 2009 tax rates, tax levies and budgets of certain civil taxing units and adopting recommendations with respect to such tax rates, levies and budgets.

WHEREAS, the Department of Local Government Finance has advised the City Controller that IC 6-1.1-17-3.5 requires the City-County Council to review and make recommendations with respect to certain tax rates, tax levies and budgets of certain civil taxing units located in Marion County, which rates were adopted by the civil taxing units in 2008 for the calendar year 2009; and

WHEREAS, the city-county council has now considered such tax rates, tax levies and budgets for

2009 of such civil taxing units and has considered the recommendations of the City Controler and Chief Financial Officer of the council; now, therefore:


SECTION 1. The city-county council has reviewed the budgets of the several civil taxing units listed on Exhibit 1, attached to this resolution, and does adopt the recommendations with respect to each respective civil taxing unit as set forth in Exhibit 1. SECTION 2. This resolution shall be in full force and effect upon adoption and compliance with IC 36-3-4-14.

Exhibit 1 A PROPOSAL FOR A SPECIAL RESOLUTION reviewing the 2009 tax rates, tax levies and budgets of certain civil taxing units and adopting recommendations with respect to such tax rates, levies and budgets. Meridian Hills Civil Town Rocky Ripple Civil Town Spring Hill Civil Town Warren Park Civil Town Williams Creek Civil Town Wynnedale Civil Town Homecroft Civil Town Clermont Civil Town Cumberland Civil Town

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Center Township Decatur Township Lawrence Township Perry Township Franklin Township Pike Township Warren Township Washington Township Wayne Township Beech Grove City Beech Grove Public Library Southport Civil City Speedway Civil Town Speedway Public Transportation Speedway City Public Library Lawrence Civil City Lawrence City Redevelopment Commission

PROPOSAL NO. 176, 2009 Councillor Lutz reported that the Rules and Public Policy Committee heard Proposal No. 176, 2009 on May 12, 2009. The proposal, sponsored by Councillor McQuillen, approves the issuance of Waterworks District Net Revenue Bonds in an aggregate principal amount of refunding bonds not to exceed $540,000,000 and other actions in respect thereto. By a 7-0 vote, the Committee reported the proposal to the Council with the recommendation that it do pass. Councillor B. Mahern asked if the issuance of these bonds are also subject to approval by the state regulatory commission. Kevin Taylor, director of the Bond Bank, replied in the negative and stated that they are only subject to approval by the bond bank and Waterworks’ boards. Councillor B. Mahern asked if they are related to the case before the Indiana Utility Regulatory Commission (IURC) at this time. Mr. Taylor said that the rate increases are needed for the Department of Waterworks (DOW) to meet net revenue obligations on the revenue bonds, and this is part of the financing going before the IURC on these rates. Councillor B. Mahern asked why the Council is being asked to vote on approval of these bonds before the outcome of that IURC case. Mr. Taylor said that this is the final step in theis process to re-work the variable debt. Because credit markets are in such a turmoil, unwinding outstanding bonds is much more complicated and time consuming than issuing a regular fixed rate debt. He said that all of this is part of the bond ratings and what agencies expect them to do. He said that they are faced with a rating downgrade if the IURC does not grant a rate increase to meet the debt servcie or if this refunding does not occur. Councillor B. Mahern asked if they will have to revisit this issue again if the IURC makes a different decision, or if this is the last time the Council will have to act on the bonds. Mr. Taylor said that the intent is that this is the last time the Council will need to vote, and he has full expectation that all of this will be put to rest. Councillor Lutz said that this is the refinancing of a current debt and not new debt. Denying the refunding could create real havoc with the Water Company’s long-term debt and credit rating, as well as the city’s overall rating. He asked Jim Steele, Council Chief Financial Officer, to explain what happens if the Council does not approve this refunding. Mr. Steele said that the variable rate debt interest fluctuated drastically and the insurer on the bond was downgrated, with the city’s rating better than the insurer on the debt. He said that if this refunding does not take place, the DOW will face another downgrading from the rating agencies, and he would encourage the Council to approve this to more accurately reflect budget expenditures in the future due to a fixed rate. He said that the annual increase in debt service will continue to increase and it needs to be amortized in a steady, normal way. Councillor Lutz asked what the normal percentage guideline is for a municipal utility with variable rate debt. Mr. Steele said that an acceptable amount of


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variable rate debt is 10 to 15%, but the Water Company is closer to 50%. He said that the new DOW director is having the board amend their fiscal policies so that outstanding variable rate cannot exceed 15%. Councillor Lutz asked if this refunding will help the DOW go from 50% to 5.5%. Mr. Steele said that this is correct. . Councillor Hunter said that the Waterworks board has failed this city, and 50% of variable rate debt even in good times is unacceptable. He said that the Council has learned an important lesson, and they will be watching more closely in the future. Councillor Brown asked if Waterworks board meetings are televised. Councillor Hunter said that they are. Councillor Lutz moved, seconded by Councillor McQuillen, for adoption. Proposal No. 176, 2009 was adopted on the following roll call vote; viz:

27 YEAS: Bateman, Brown, Cain, Cardwell, Cockrum, Day, Evans, Gray, Hunter, Lewis, Lutz, Mahern (B), Mahern (D), Malone, Mansfield, McHenry, McQuillen, Minton-McNeill, Moriarty Adams, Nytes, Oliver, Plowman, Sanders, Scales, Smith, Speedy, Vaughn 0 NAYS: 0 NOT VOTING: 2 ABSENT: Coleman, Pfisterer


CITY-COUNTY GENERAL RESOLUTION NO. 9, 2009 A PROPOSAL FOR A GENERAL RESOLUTION approving the issuance of one or more series of City of Indianapolis, Indiana Waterworks District Net Revenue Bonds in an aggregate principal amount of refunding bonds not to exceed Five Hundred Forty Million Dollars ($540,000,000) and other actions in respect thereto

WHEREAS, the Board of Directors of the Department of Waterworks ("Board") of the City of Indianapolis, Indiana ("City"), being the governing body of the Waterworks District of the City ("Waterworks District"), desires to undertake certain financial transactions to refund certain Refunded Bonds (defined below), if economically feasible; and

WHEREAS, certain events have occurred in the credit markets, including credit deterioration of

bond insurers and lack of liquidity in the variable rate demand securities market for certain credit enhancers, which have caused the interest rates on the Refunded Bonds to increase substantially, and the Board, in consultation with The Indianapolis Local Public Improvement Bond Bank ("Bond Bank"), wishes to reduce the uncertainty of the debt service payments associated with variable interest rates, resolve the current accelerated principal payments and otherwise address this matter by issuing the Refunding Bonds (defined below); and

WHEREAS, IC 36-3-5-8 requires the City-County Council of Indianapolis and of Marion County

("City-County Council") to approve the issuance of bonds by any special taxing district of the City; and WHEREAS, the Waterworks District is a special taxing district of the City pursuant to statute, but

the Waterworks District does not intend to levy any property taxes in the Waterworks District; and WHEREAS, IC 5-1.4 provides that a "qualified entity," which term includes the Waterworks

District as a department of the City created by General Ordinance 112, 2001, may issue and sell its bonds or notes to the Bond Bank; and

WHEREAS, the Executive Director of the Bond Bank has expressed a willingness to purchase the

Refunding Bonds in a negotiated sale subject to approval by the Board of Directors of the Bond Bank; and

WHEREAS, the Board has adopted one or more supplemental bond resolutions in substantially final

form ("Bond Resolution"), authorizing the issuance of the revenue bonds ("Refunding Bonds") of the Waterworks District, to be issued in one or more series, in the aggregate principal amount of Refunding

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Bonds not to exceed Five Hundred Forty Million Dollars ($540,000,000) for the purposes of procuring funds to apply to the costs of refunding the Waterworks District Net Revenue Refunding Bonds, Series 2005G (the "Refunded Bonds"), if economically feasible; and

WHEREAS, the City-County Council has determined that the issuance of the Refunding Bonds

should be approved; now, therefore:

BE IT RESOLVED BY THE CITY-COUNTY COUNCIL OF THE CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA;

SECTION 1. The City-County Council does hereby approve the issuance and sale to the Bond Bank of the Refunding Bonds of the Waterworks District, to be issued in one or more series, in an aggregate principal amount of Refunding Bonds not to exceed Five Hundred Forty Million Dollars ($540,000,000) to refund the Refunded Bonds, if economically feasible, payable solely from the revenues of the Department of Waterworks as specified in the Bond Resolution, which is incorporated herein by reference and a copy of which shall be attached to the official copy of this resolution. SECTION 2. This Resolution shall be in full force and effect upon adoption and compliance with IC 36-3-4-14.

NEW BUSINESS

Councillor Brown stated that he would like for Councillor Vaughn schedule a discussion at the next Public Safety meeting regarding public safety officers handling accident investigations who have been working without a contract since September 2007. He said that the negotiations have stalled, and he would like information about that process. He said that the department is hiring 35 new public assistance officers, and he would like to see how many they have hired and their salary requirements and minority make-up Councillor Hunter recognized Jeff Roeder and other city staff who also played a critical role in the Home Makeover television effort. Councillor Lutz said that he is trying to more effectively communicate with constituents in his district and has prepared a home e-mail list. He said that any constituent who would like to receive updates should send him their e-mail at [email protected] and he will include them on his list.

ANNOUNCEMENTS AND ADJOURNMENT The President said that the docketed agenda for this meeting of the Council having been completed, the Chair would entertain motions for adjournment. Councillor Sanders stated that she had been asked to offer the following motion for adjournment by: ( 1) Councillor Lewis, Gray and Oliver in memory of Charles "Buddy" Majors ; and ( 2) Councillor Sanders and Brown in memory of Leanna Grace Parr Barnes ; and ( 3) Councillor Sanders in memory of Elsa Maschmeyer Iverson and Willa Faye Johnson ; and ( 4) Councillor Oliver in memory of Johnnie Mae Smith and Faith Hughes Councillor Sanders moved the adjournment of this meeting of the Indianapolis City-County Council in recognition of and respect for the life and contributions of Charles "Buddy" Majors, Leanna Grace Parr Barnes, Elsa Maschmeyer Iverson, Willa Faye Johnson, Johnnie Mae Smith and Faith Hughes. She respectfully asked the support of fellow Councillors. She further requested that the motion be made a part of the permanent records of this body and that a letter


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bearing the Council seal and the signature of the President be sent to the families advising of this action. There being no further business, and upon motion duly made and seconded, the meeting adjourned at 8:55 p.m. We hereby certify that the above and foregoing is a full, true and complete record of the proceedings of the regular concurrent meetings of the City-Council of Indianapolis-Marion County, Indiana, and Indianapolis Police, Fire and Solid Waste Collection Special Service District Councils on the 18th day of May, 2009. In Witness Whereof, we have hereunto subscribed our signatures and caused the Seal of the City of Indianapolis to be affixed.

President ATTEST: Clerk of the Council (SEAL)

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