CHAPTER 36:
COUNTY POLICIES

    Return to Table of Contents

§ 36.01  NON-SMOKING AREAS DESIGNATED.

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

     PUBLIC BUILDING.  Any structure owned or occupied by the county.

     SMOKING.  The carrying or holding of a lighted cigarette, cigar, pipe or any other lighted smoking equipment, or the inhalation or exhalation of smoke from any lighted smoking equipment.

     (B)   Except as provided in division (C), the entire County Courthouse building and the entire County Governmental Office Building are hereby designated as non-smoking areas.

    (C)  Each duly elected official of the county and administrative department head of the county is hereby authorized and empowered to designate a smoking area within the confines of the rooms controlled by his or her respective office or department so long as such designated smoking area is:

         (1)   Located where it is neither visible nor accessible to the general public;

         (2)   Located where it does not interfere with non-smoking employees; and

         (3)   Conspicuously posted as a designated smoking area.

(BCC Ord. 1987‑19, passed 8‑31‑87; Am. BCC Ord. 1993‑13, passed 3‑29‑93)

§ 36.02  MEDICAL CARE CO-PAYMENTS BY CERTAIN JAIL INMATES.

     (A)   As used in this section, the term JAIL INMATE shall include and apply to all persons confined to the County Criminal Justice Center except that it shall not include or apply to any person who:

         (1)   Maintains a policy of insurance from a private company covering medical care, dental care, eye care or any other health care-related service, including but not limited to prescription drugs and non-prescription medications.

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

         (3)   Is committed to the Department of Correction.

     (B)   (1)   Except as provided in division (C), every jail inmate shall be required to make co-payments  of up  to $10  for each provision of any of   the following services provided by the county: medical care, dental care, eye care or any other health care-related service, including but not limited to prescription drugs and non-prescription medications.

               (2)   The County Sheriff shall prepare, maintain and post a listing of the exact co-payment charges to be made under this division, which list may be amended from time to time by the Sheriff.       

      

(C)  A jail inmate is not required to make the co-payment required under division (B) if:

         (1)   The jail inmate does not have funds in his or her commissary account or trust account at the time the service is provided;

         (2)   The jail inmate does not have funds in his or her commissary account or trust account within 30 days after the service is provided;

         (3)   The service is provided in an emergency;

         (4)   The service is provided as a result of an injury received in the County Criminal Justice Center; or

         (5)   The service is provided at the request of the County Sheriff or his or her authorized staff.

(BCC Ord. 1995‑13, passed 4‑3‑95)

§ 36.03  USE AND ACCESS TO THE COUNTY COURTHOUSE LAWN.

     (A)   Findings and determinations.

         (1)   A review of the board minutes and other investigations discloses the to the best of the Board of County Commissioner's knowledge that:

              (a)   With apparently but one exception, the Board of County Commissioners has maintained strict control over access to the Courthouse lawn, and such access has been limited in nature.

              (b)   In the limited instances there access  has been permitted, it has been granted by the Board of County Commissioners to civic, non-profit organizations such as the United Way and Chamber of Commerce.

             (c)   For the past few years, a small gas torch has been erected on the northeast corner of the Courthouse lawn and lit in observance of Domestic Abuse Week.  This torch burns for a few days annually and no signage or any sort accompanies the torch.  Apparently, the Board of County Commissioners has never authorized this display by formal resolution.

             (d)   In December 1996, the Courthouse maintenance staff place christmas lights on the evergreen trees growing on the Courthouse Lawn.

             (e)   It does not appear that the Board of County Commissioners has ever authorized, either formally or informally, any religious displays or symbols to be placed on the Courthouse lawn.

             (f)    The Board of County Commissioners is currently considering beautification of the Courthouse lawn and has caused the shrubs bordering the lawn to be removed as a first step in such beautification project.

             (g)   It does not appear that the Board of County Commissioners has ever acted by formal resolution to establish any written policy with regard to use of or access to the Courthouse lawn.

             (h)   It does not appear that the Courthouse lawn has ever been an open public forum, but rather any request for a display or other temporary use of the Courthouse lawn has been considered by the Board of County Commissioners on a limited request-by-request basis.

                 (i)    The Board of County Commissioners does not believe that the Courthouse Lawn has been either a traditional or designated public forum.

                 (j)    It does not appear that the Board of County Commissioners has ever declared the Courthouse lawn to be either a traditional public forum or a designated (limited) public forum and no such declarations appear in any board minutes.

          

(2)   The Board of County Commissioners has been advised by the County Attorney that the United States Supreme Court case of Lamb's Chapel v. Center Moriches, 124 L.Ed.2d 352 (1993), and the Seventh Circuit Court of Appeals cases of Rabbi Grossbaum v. Indianapolis - Marion County Building Authority, 63 F.3d 581 (7th Cir. 1995) and 100 F.3d 1287 (7th Cir. 1996), have only recently clarified the extent to which it is constitutionally permissible for a government authority to restrict access to public property, and this Board of County Commissioners seeks to clarify its position with respect to the use of and access of the County Courthouse lawn consistent with the legal principles set forth in these and other applicable court decisions.

     (B)   Declarations.  Based upon the foregoing findings and determinations, be it ordained by the Board of County Commissioners that:

         (1)   The Board of County Commissioners does not now declare the Courthouse lawn to be a traditional public forum or to be a designated (limited) public forum, but now hereby declares the County Courthouse lawn (excluding the sidewalks and any benches which the county may erect and maintain for public seating purposes only, contiguous to and as an extension of the sidewalks) to be a non-public forum.

         (2)   As a non-public forum, the Board of County Commissioners hereby declares that the Courthouse lawn (excluding the sidewalks and any benches which the county may erect and maintain for public seating purposes only, contiguous to and as an extension of the sidewalks) shall be used exclusively by the government for governmental purposes, and no displays, signs or similar structures shall be permitted or authorized to be erected by any non-governmental private group upon the Courthouse lawn for any purpose.

(BCC Ord. 1997‑8, passed 3‑3‑97)  Penalty, see § 10.99

§ 36.04  BUSINESS TRAVEL PROCEDURE.

     The county will reimburse employees and officials for reasonable business travel expenses necessary  for the  conduct of  county business  based upon budgeted allocation. All employees must receive advance travel authorization from their elected official or department manager.

     (A)   Mileage.  Employees utilizing their personal vehicle for county business shall be reimbursed up to $.28 per mile. Mileage will be paid from the place of work or home, which ever is the lesser amount. Travel from home to work and work to home is not considered reimbursable mileage. All claims for mileage shall be filed on a Mileage Claim, General Form 101.

     (B)   Transportation.  Whenever practicable, travel will be accomplished in a county vehicle or via common carrier. Employees are expected to limit travel expenses to reasonable and economical amounts. Air travel shall be reimbursable for coach class only. The expense of parking and or tolls, will be reimbursed based upon a supported receipt. The cost of renting a vehicle, excluding personal usage, shall be reimbursable if suitable local public transportation is not available or practicable. The least expensive practical vehicle shall be rented. Collision Damage Waiver (CDW), or Liability Damage Waiver (LDW) insurance covering the rented vehicle is a reimbursable expense.

     (C)  Subsistence.  Employees may be reimbursed for meals including gratuity for travel up to a per meal rate of $5.00 for breakfast, $8.00 for lunch, and $13.00 for dinner. However, there shall be no reimbursement for breakfast for a departure time of 6:00 a.m. or after and no reimbursement for dinner for travel ending before 6:00 p.m.  An employee receiving a meal(s) without charge shall not be entitled to reimbursement for such meal(s). An employee attending a "State Called" meeting shall be reimbursed an allowance based upon the state directive specific to such meeting. Receipts for meals are not required.

     (D)  Lodging.  An employee may be reimbursed up to a single occupancy room rate of $65.00 plus applicable tax per day. An employee attending a "State Called" meeting and lodges at the meeting hotel/motel site shall be reimbursed at 100% of the state meeting obtained room rate for single occupancy based upon a supported receipt. Employees of the same  sex  are  encouraged  to  share  a  room  when traveling to the same destination and reimbursement shall be at 100% of the double occupancy rate. Receipts must be submitted for lodging expenses.

     (E)   Return of fugitive.  A travel expense advance will be issued based upon an authorized claim form. All reasonable travel expenses will be paid at the rate listed on supported receipts.  Completed travel expense reports and receipts for all related expenses must be submitted to the Auditor's Office within 30 days after travel.

     (F)   Claim filing.  Employees must submit, to the Auditor's Office, completed Howard County Government Travel Expense Report Form, as attached to Resolution No. 1998-CC-21, standard properly itemized receipts, and a Mileage Claim ‑ General Form 101 (applicable to mileage expenses) for all individual expenses within 30 days after travel.

     (G)  General.

         (1)   With prior approval, employees on business travel may be accompanied by a family member or friend, when the presence of a companion will not interfere with successful completion of business objectives. Generally, employees are also permitted to combine personal travel with business travel, as long as time away from work is approved, non‑business and family related expenses are the responsibility of the employee.

         (2)   Abuse of this business travel expense policy, including falsifying expense reports to reflect costs not incurred by the employee, can be grounds for disciplinary action up to and including termination of employment.

         (3)   Employee pay for travel time shall be determined according to applicable provisions of the Fair Labor Standards Act.

(Res. 1998-CC-21, passed - -98)

§ 36.05  PRISONER REIMBURSEMENT OF INCARCERATION COSTS.

     (A)   Pursuant to I.C. 36‑2‑13‑15, the Board hereby elects to implement the provisions of the Act, effective July 1, 1998.

     (B)   Pursuant to I.C. 35‑50‑5‑4 and 36‑2‑13‑15, a court may order persons meeting the qualifications set forth in the Act, to execute a reimbursement plan as directed by the court and make repayments under the plan to the county for the costs permitted by the Act.

     (C)  The County Council of the county shall fix a per diem payable by the prisoners which is reasonably related to the average daily cost of housing a prisoner in the county's facilities.  Pursuant to the Act, the amount of reimbursement shall be the sum of the lesser of such per diem determined by the Council or $30 per day multiplied by each day or part of that such person is lawfully detained for more than six hours, the direct cost of investigating whether the person is indigent, and the cost of collecting the amount for which the person is liable.

     (D)  The Board of Commissioners hereby directs the Sheriff of Howard County to develop and implement a plan to collect and account for prisoner reimbursements pursuant to the Act.  With respect to reimbursement payments which the Sheriff fails to collect, the Board of Commissioners hereby authorizes the County Attorney or the Assistant County Attorney to institute legal proceedings to collect such reimbursements. As an alternative, the Board of Commissioners may enter into a contract for collection services under I.C. 5‑22‑6.5‑1 et seq. In either event, costs of collection may be recovered pursuant to I.C. 36‑2‑13‑15(d)(3).

     (E)   The Board of Commissioners hereby establish a separate, non‑reverting fund for the placement of the funds collected pursuant to the Act, to be designated as the "Howard County Prisoner Reimbursement Fund." Such fund may be used for any purposes now or in the future permitted by law, which purposes currently include the operation, construction, repair, remodeling, enlarging, and equipment of a county jail or a juvenile detention center.

(Ord. 1998-BCC-30, passed 6-15-98; Am. Ord. 1998-CC-32, passed 7-21-98)

§ 36.06  PURCHASING PRACTICES.

     (A)   Designation   of   purchasing  agency.   The

1999 S-1

                                                                   County Policies                                                                  31

 

    Howard County Board of Commissioners is hereby designated as the "Purchasing Agency" for all boards, offices, commissions, councils, departments or other establishments of Howard County, Indiana.

     (B)   Powers of the purchasing agency. The purchasing agency designated in division (A) of this section shall:

         (1)   Assume the duties, powers and responsibilities assigned to purchasing agencies under the Act, I.C. 5-22-1-1, et seq.

         (2)   Establish procedures, not inconsistent with the Act or this section, for obtaining supplies or services in a manner which will obtain the greatest economic value for Howard County.

         (3)   Prepare specifications and notice to bidders and ascertain that required notices are published where bidding and publication of notices are required by law.

         (4)   Designate in writing a purchasing agent to carry out the purposes of this section.  Such purchasing agent shall act as the agent for the purchasing agency in the administration of the duties of the purchasing agency under the Act.  The purchasing agent may not make purchases except as provided in subdivision (C)(3) below.

         (5)   Designate in writing such "Limited Purchasing Agents" as the purchasing agency deems appropriate and define in writing the limitations of their authority consistent with subdivision (C)(4) below.

         (6)   To make or authorize all purchases pursuant to the Act not delegated to the purchasing agent or limited purchasing agents under subdivisions (4) and (5) of this division (B).

     (C)  Small purchase procedures.

         (1)   A "small purchase" is a purchase of supplies with an estimated cost of less than $25,000.00.

(2)   The purchasing agency may make a small purchase on the open market without inviting or receiving quotes or bids.

         (3)   A purchasing agent is authorized to purchase supplies with an estimated cost of less than $10,000.00 on the open market without inviting or receiving quotes or bids.

         (4)   A limited purchasing agent is authorized to purchase supplies with an estimated cost of less than $5,000.00 on the open market without inviting or receiving quotes or bids.

         (5)   In the event the purchasing agency, purchasing agent or limited purchasing agents determine that quotes shall be used to make a small purchase, the procedure outlined in I.C. 5-22-8-3 shall be followed.

     (D)  Preference for supplies manufactured in the United States. Supplies manufactured in the United States shall be specified for all purchases by the purchasing agency and shall be purchased unless the purchasing agency determines in writing that:

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

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

         (3)   The quality of the supplies manufactured in the United States is substantially less than quality of comparably priced available supplies manufactured elsewhere; or

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

    (E)   Purchase of services.  As used in this division, the term SERVICES means the furnishing of labor, time, or effort by a person, not involving the delivery of specific supplies other than printed documents or other items that are merely incidental to the required performance, including (but not limited to) legal, medical, architectural, accounting,  engineering,  appraisal  and insurance  services.   The purchasing agency may purchase services in whatever manner the purchasing agency determines to be reasonable and appropriate.

(Ord. 1998-BCC-29, passed 6-15-98; Am. Ord. 1998-BCC-44, passed 10-19-98; Am. Ord. 1998-BCC-53, passed 11-16-98)

§ 36.07  COMMERCIAL REPRODUCTION OF ELECTRONIC DATA RESTRICTED.

     (A)   Pursuant to the provisions of I.C. 5-14-3-3(e), a person who receives information on paper, disk, tape, drum or any other method of electronic retrieval pursuant to I.C. 5-14-3-3(d) may not use the information for commercial purposes including to sell, loan, give away, or otherwise deliver the information obtained by the request to any other person; provided, however this restriction shall not apply to title companies obtaining a disk from the County Recorder pursuant to county ordinance enacted under the authority of I.C. 5-14-3-8(g).

     (B)   A copy of division (A) shall be conspicuously posted in all offices and the restriction contained in division (A) shall be offered to any persons who obtain copies of any public information from the county.

     (C)  Any person who violates the terms and conditions of this section by failing to pay or violating this division, shall be guilty of an infraction and may be fined up to $2,500.  In the event there is a violation of division (A), each violation shall be deemed a separate offense.

(Ord. BCC-1999-01, passed 1-6-99)

§ 36.08  FEES FOR COPIES OF DOCUMENTS AND COPIES OF ELECTRONICS FORMATTED DATA.

     (A)   The Howard County Recorder shall charge the following amount in addition to all filing fees mandated by statute.  The County Recorder shall charge at the rate of $2.35, per megabyte (payable on a monthly basis) for documents retrieved on magnetic disk, plus a $5.00 handling fee per disk to compensate for personnel's time, plus 105% of the cost of the disk, if a disk has not been provided.

    (B)   The Howard County Recorder shall deposit all such fees received in the Recorder's perpetuation fund maintained by the Howard County Auditor to be used for perpetuation of records in the office.

(Ord. HCC-1999-04, passed 1-26-99)

§ 36.09  FEES FOR AUDITOR’S MAPPING.

     It is hereby ordained by the Board of Commissioners and County Council that the Auditor shall charge for mapping as follows:

     (A)   Map, orthphotos, and data sales.

         (1)   $25 per CD.

         (2)   $1 per 3.5" floppy disk.

     (B)   Electronic data reproduced on laser, ink jet printing, or any other copies shall be sold as follows:

         (1)   8½ x 11 - $.50 per sheet per side.

         (2)   8½ x 14 - $.50 per sheet per side.

         (3)   11 x 17 - $1 per sheet one side.

         (4)   24 x 36 photocopy prints - $3.

         (5)   32 x 36 photocopy prints - $4.

     (C)  The following shall be charged for Inkjet Plotter Costs. These charges will be based on the width of the stock paper available at the department times the length used, and not the size of the original:

         (1)   Film - $3 per square foot.

         (2)   Heavy coated bond - $.90 per square foot.

         (3)   Regular bond - $.50 per square foot.

     (D)  Reimbursement for mailing costs: (not including copy costs)

         (1)   Less than or equal to 4 oz. - $.50 for envelope and postage;

         (2)   First class greater than 4 oz., and less than or equal to 2 lbs. - $5;

         (3)   All other - cost plus $5.

     (E)   Nothing herein shall be construed to require any employee of Howard County to provide information contained on or within a public document of an agency or department by telephone. Department heads and elected officials may, but are not required to take requests for documents by phone.

     (F)   Payment for information under this section shall be made at the time of delivery. However, an office may agree to invoice a person for the charge if that person or company has promptly paid invoices in the past. Any person, or their designee, requesting data shall be liable for the total charges for the request. Any person, or their designee, who fails to pay the charges shall be liable for the charges, plus interest, attorney’s fees, and costs of collection.

     (G)  Nothing herein shall compel any office to charge a fee for copies if the fee imposed by this section is contrary to state law. In the event the fees in this section are contrary to any charges established by state statute, the state statute shall apply.

     (H)   Pursuant to the provisions of I.C. 5‑14‑3‑3(e), no person other than those authorized by the county may reproduce, store, grant access, deliver, or sell any information obtained from any department or office of the county to any other person, partnership, or corporation. In addition, any person who receives information from the county shall not be permitted to use any mailing lists, addresses, or data bases for the purpose of selling, advertising, or soliciting the purchase of merchandise, goods, services, or to sell, loan, give away, or otherwise deliver the information obtained by the request to any other person.

     (I)    A copy of division (H) shall be conspicuously posted in all offices where electronic data is sold and the restriction contained in division (H) shall be offered to any persons who obtain copies of any public information from the county.

     (J)   Any person who violates the terms and conditions of this section by failing to pay or violating division (H), shall be guilty of an infraction and may be fined up to $2,500. In the event there is a violation of division (H), each violation shall be deemed a separate offense.

     (K)   Pursuant to I.C. 5-14-3-8.5, the Howard County Council hereby establishes the Howard County Electronic Data Fund. All fees charged under this section shall be deposited in the fund. All funds in the Electronic Data Fund shall be used only for the purposes set out in I.C. 5-14-3-8.5 and shall be subject to appropriation by the Howard County Council.

     (L)   Any unit of government within Howard County which has provided electronic data used by Howard County to create the electronic data covered by this section shall receive copies of the data for that unit’s exclusive use free of charge.

     (M)  Any person or unit of government who has  a dispute, or seeks relief from the terms of this section may seek resolution of that dispute or relief from the Board of Commissioners of Howard County.

(Ord. BCC 2000-17, passed 4-3-00; Am. Ord. BCC 2000-16, passed 5-1-00)

§ 36.10  FEES FOR PHOTOCOPIES AND FACSIMILE TRANSMISSIONS.

     (A)   Definitions.  As used in this section:

     COPY.  A hard paper reproduction of a public record produced by a photocopy machine such as a Xerox or similar machine.

     PUBLIC RECORD.  Any writing, paper or document made public under I.C. 5-14-3-1, et seq. and which can be reproduced on a photocopy machine or transmitted on a facsimile machine.

     (B)   Application.  This section shall apply to the furnishing of copies and facsimile transmission of public records in all Howard County offices, agencies, commissions and departments.

(C)  Copy fee. The fee for providing a copy of a public record is hereby fixed at $.20 per page.

     (D)  Facsimile transmission fee.  The fee for providing facsimile transmission of a public record is hereby fixed at $.00 per page.

     (E)   Exception. The fees fixed in divisions (C) and (D) hereof shall not apply where Indiana statutes establish or authorize a different fee.

(Ord. CC 1999-29, passed 6-22-99)

Return to Table of Contents

Copyright 1999 by Howard County, Indiana
Website Maintained by Cyberville Webworks

Cyberville Webworks