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Learn. Network. Repeat. NOVEMBER / DECEMBER 2015 ACTION LINES INDIANA ASSOCIATION OF CITIES AND TOWNS MAGAZINE

2015 November-December Actionlines

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Learn.Network.

Repeat.

NOVEMBER / DECEMBER 2015

ACTION LINES INDIANA

ASSOCIATION OF CITIESAND TOWNS MAGAZINE

ACTIONLINESNOVEMBER / DECEMBER 2015 3

IN WRITING

16 FROM THE EXECUTIVE DIRECTOR Matt Greller discusses endings and new beginnings of elections

17 BLISS MCKNIGHTFirst Amendment rights of employees

IN PLACE

18 NEO PREVIEWGlance at upcoming Newly Elected Officials training

23 ANNUAL CONFERENCE HIGHLIGHTS 2015Save the date for 2016

CONTENTS

Actionlines (ISSN 1092-6259) is published by the Indiana Association of Cities and Towns. Statements of fact and opinion are the responsibility of the authors alone and do not imply an official opinion on the part of the officers, staff or membership of IACT. Indiana elected municipal officials receive an annual subscription to this publication through payment of their munici-pality’s membership dues. IACT Associate Members receive an annual subscription to this publication through payment of their annual membership dues. The annual subscription rate is $50. POSTMASTER: Send address changes to Actionlines, 125 W. Market St., Suite 240, Indianapolis, IN 46204.

ACTIONLINES

IACT OFFICERS

Duke Bennett President

Terre Haute Mayor

Greg GoodnightFirst Vice President

Kokomo Mayor

Lloyd WinneckeSecond Vice President

Evansville Mayor

Matthew GrellerExecutive Director &

Chief Executive Officer

REGULAR STAFF CONTRIBUTORS

Rhonda CookDeputy Director and

Chief Federal and State Policy Officer

Brian GouldGovernment Affairs

Director

Natalie HurtSpecial Events & Conferences Director

Erin Jamison-KoenigCommunications Coordinator

Jennifer SimmonsDeputy Director & Chief Operating Officer (COO)

Jodie WoodsGeneral Counsel

ADVERTISING

Anne TrobaughCorporate Relations Director

Indiana Association of Cities and Towns125 W. Market St. Suite 240 Indianapolis, IN 46204 Phone (317) 237-6200 Fax (317) 237-6206www.citiesandtowns.org

VOLUME 18 / ISSUE 6NOVEMBER / DECEMBER 2015

IN BRIEF

25 NEO SPOTLIGHT

COVER STORY: Newly Elected Officials trainings taking place this winter.

DEPARTMENTSIN ACTION

6 MUNICIPAL DEADLINES

7 QUESTION OF THE MONTH Can government video tapes be reused or taped over every 30 days?

9 INPRS Two important updates from Indiana Public Retirement System

IN VIEW

10 MEMBER NEWS

11 CALENDAR & EVENTS

12 WEBINARS

13 MEMBER Q&A Bill Oeding, Valparaiso City Administrator

18Photo above courtesy of Massimo Catarinella.

The Indiana Association of Regional Councils is a 501 (c)(3) statewide association of regional planning organizations that promotes regional strategies and solutions to address local issues.

ACTIONLINES NOVEMBER / DECEMBER 20156This feature should not be considered a complete list of deadlines. If you know of an important deadline, please submit it to Erin Jamison-Koenig at [email protected].

MUNICIPAL DEADLINES

NOVEMBER

17 Last possible date for first publication of notice to taxpayers of public hearing notice on budgets and tax levies for two schools participating in a reorganization approved in a general election effective for property taxes payable in the immediate following year. IC 36-1.5-4-7

17 Only if the proposed 2016 budgets, tax rates, or tax levies are modified by the TAB or county auditor, the county auditor is required—within 15 days of the modification—to publish a notice of the adopted tax rates for the various funds in each taxing district (“TAB chart”). For Marion County and counties containing a second class city, this publication must occur by December 16. IC 6-1.1-17-12

20 Last day to report and make payment of state and county income tax withheld during October to the Department of State Revenue, Indianapolis.

24 Last possible date for second publication of notice to taxpayers of public hearing on budgets and tax levies for two schools participating in a reorganization approved in a general election effective for property taxes payable in the immediately following year. IC 36-1.5-4-7

27 Deadline for public hearing on budgets, tax rates, and tax levies for two schools participating in a reorganization approved in a general election effective for property taxes payable in the immediate following year. IC 36-1.5-4-7

27 Ten or more taxpayers or one taxpayer that owns property that represents at least 10% of the taxable assessed valuation in the political subdivision may appeal the TAB or county auditor’s modification of a political subdivision’s budget, tax rate, or tax levy by filing an objection with the county auditor. The statement must be filed not later than ten days after the publication of the “TAB chart.” For Marion County and counties containing a second class city, this appeal must occur by December 28. IC 6-1.1-17-13. (Unit may appeal TAB Chart to Department for increase in its tax rate or levy as modified by TAB or county auditor).

DECEMBER

7 Deadline for governing body to meet and fix the tax levies, tax rates, and budget for each school participating in a reorganization approved in the general election and effective for property taxes payable in the following year. IC 36-1.5-4-7(b).

7 Last day for auditor to certify 2016 budgets, tax rates, and tax levies for reorganized school corporations to the Department (if a public question is approved by voters in 2015). IC 36-1.5-4-7

16 Last day for the Department to accept additional appropriation requests for the 2015 budget year from units as prescribed by the Department.

20 Last day to report and make payment of state and county income tax withheld during November to the Department of State Revenue, Indianapolis.

30 Deadline for units to file shortfall excess levy appeals with the Department. IC 6-1.1- 18.5-12(a)(2)

31 Deadline for towns to adopt salary ordinance for 2016. IC 36-5-3-2. Note that the ordinance must be adopted the year before it is effective.

31 Deadline for counties other than Marion County to adopt salary ordinance for 2016. IC 36-2-5-3

JANUARY

1 Effective date for LOIT rate changes adopted by ordinance after August 31 and before November 1. IC 6-3.5-1.1-1.5; IC 6-3.5-6-1.5; IC 6-3.5-7-4.9

1 Assessment and valuation date for all tangible property except annually assessed mobile homes under IC 6-1.1-7 (2016 pay 2017 tax bills). IC 6-1.1-1-2; IC 6-1.1-1-19; IC 6-1.1-2-1.5.

1 Date by which annexation must become effective so that reorganized unit can seek adjusted max levy for 2017.

1 Deadline for establishing new taxing units.

ACTIONLINESNOVEMBER / DECEMBER 2015 7

QUESTION OF THE MONTH

Can government video tapes be reused or taped over every 30 days?

ANSWER: Not exactly. For local government record preservation and destruction purposes IC 5-15-6-1 defines a record by adopting the definition applicable to the agencies of state of Indiana. For video records it is in pertinent part,

“...all documentation of the informational, communicative, or decision making processes of ... local government, its agencies and subdivisions made or received by ... local government or its employees in connection with the transaction of public business or government functions, which documentation is created, received, retained, maintained, or filed by that ... local government or its successors as evidence of its activities or because of the informational value of the data in the documentation, and which is generated on: ... magnetic, electronic, or machine readable media; or ... any other materials, regardless of form or characteristics....”

The general rule is that all items meeting the definition of records must be retained unless they may be properly destroyed. Proper destruction of public record video tapes may be done if they are not considered “permanent records” by the Indiana Archives and Records Administration. Most of them probably will not be of such historical value. In fact the Public Records Oversight Commission has adopted a Retention Schedules for Routine Surveillance Recordings such as security camera video of municipal property, public safety body and dashboard cameras video. It is the new GEN 10-43 of the County/Local General Retention Schedule. You may find it at www.in.gov/iara in the Records Management Division. It provides that this kind of video may be destroyed after 30 days if: the agency lacks notice, actual or constructive, that evidence of illegal activity is captured or the evidence captured may constitute only an infraction and not a felony or misdemeanor or the video will not need to become evidence in a court proceeding (then it is the responsibility of the court) or there is no actual or constructive notice to the localgovernment entity that a tort claim notice may be filed against it pertaining to the substance of the video. You may want to consult your local attorney if you have questions to make this determination.

However, unless there is a change in the schedules, once it is determined to be eligible for destruction, there is a process by which the shortened retention time may be implemented. First obtain state form 44905 entitled Notice of Destruction of Non-permanent Records (Local Government Public Records). Next fill out the form and mail it the proper parties (listed on the form). You probably do not want to do this anymore than monthly as you must then wait 30 days after the form 44905 is filed before you can actually destroy the video by reuse or “taping over”. Although the “30 days” retention is really at least 60 days it is still better than 3 years plus.

? OTM

ACTIONLINES JULY / AUGUST 20158

ACTIONLINESNOVEMBER / DECEMBER 2015 9

IN ACTION

ACTIONLINES 9

INPRS to Offer New ASA Only Plan to Employers

JO ANN KLOOZ PUBLIC INFORMATION SPECIALIST, INDIANA PUBLIC RETIREMENT SYSTEM

Local government employers can soon offer the PERF Annuity Savings Account (ASA) Only retirement plan for their employees beginning July 1, 2016.

Employers can offer the PERF ASA Only, PERF Hybrid, or both to their employees. The PERF ASA Only plan is similar to a defined contribution (DC) plan and the employee decides how the funds in their account are invested. Unlike the PERF Hybrid plan, which requires 10 years of service for employees to vest, employees enrolled in the PERF ASA Only plan will be 100% vested in their retirement account in just five years. This al-lows employees to fully vest in their retirement account sooner, while potentially providing a lower cost retire-ment solution for employers.

The PERF ASA Only plan requires a 3% contribu-tion, which may be paid by either the employer or the employee. Employees are 100% vested in any funds they contribute to their PERF ASA Only plan while employer contributions are vested over the course of five years in 20% increments.

If a political subdivision offers a retirement benefit, only PERF may be offered, although pre-existing DC plans are grandfathered in. Supplemental plans may also be offered in addition to PERF participation.

Employers can submit a resolution to INPRS as early as January 2, 2016 to enroll in the PERF ASA Only plan. May 31 is the deadline for July 1 enrollment and Novem-ber 30 is the deadline for January 1 enrollment. Enroll-ment in the plan will continue to be offered twice a year moving forward.

In the coming months, INPRS will be providing more information about the new ASA Only plan for employers through their monthly employer update emails. To get signed up for these updates, please call INPRS at 1-888-876-2707. Additional information will also be available on the INPRS website at www.inprs.in.gov.

Hero’s Honor- INPRS’ New Special Death Benefit

A special death benefit was passed in 2015 by the Indi-ana General Assembly. Known as HEA 1080, the benefit covers a line-of-duty death in the amount of $150,000 for emergency medical service providers. Employers can buy coverage at $100 per year for each employee.

This benefit applies to:

- Emergency medical service providers employed by a political subdivision,- Police officers and firefighters* who work for post- secondary educational institutions (non-state), and- Firefighters who work for a public use airport that maintains a fire department.

*accredited by the North Central Association

If employers choose to cover their police, firefight-ers, or emergency medical service staff, the entire staff of police, firefighters or emergency medical service workers must be included. Open enrollment is from November 1 through November 30, 2015.

To download the Special Death Benefit Enrollment form, visit INPRS’ website at www.inprs.in.gov. Upon completion, employers must complete the form and submit it to:

Indiana Public Retirement System Attn: Finance Department One North Capitol, Suite 001 Indianapolis, IN 46204

INPRS’ finance department will prepare an invoice based on the number of employees enrolled and payment will be due within 30 days of billing. One-year cover-age begins on the latter of Jan. 1 or the date payment is received.

ACTIONLINES NOVEMBER / DECEMBER 201510

INVIEW

INSIDE• Member News• Calendar• Webinars• Member Q&A

MEMBER NEWS

Bluffton has become a “Gigabit City,” with universally available internet speeds up to one hundred times faster than a typical residential broadband connection. The term “Gigabit City” had its genesis in Google’s effort in Kansas City to ensure universal access to ultra-high speed broadband.

The Indiana Chamber of Commerce has named Car-mel its 2015 Community of the Year. The chamber says the Hamilton County city has “re-invented itself” from a small town to one of the fastest-growing cities in the United States. The chamber will honor Carmel at its annual Award Dinner in November.

Indiana Coatings Inc., a newly incorporated woman-owned industrial coatings supplier, plans to establish a new facility in Berne. The company plans to have 120 new jobs created by 2018.

Clarksville Police Department has been awarded a $250,000 grant for more police officers. The grant comes from the U.S. Justice Department’s Community Oriented Policing Services.

Kokomo Municipal Stadium has been chosen to host the Prospect League’s 2016 All-Star Game. The new stadium is home to the Kokomo Jackrabbits baseball team and was named “Best Summer-Collegiate Ball-park” for 2015 by Ballpark Digest.

The Bicentennial Trail connecting Avon and Browns-burg trail systems was selected as a Legacy Project by the Indiana Bicentennial Commission. The towns are sharing the costs to construct the one-mile trail and construction will begin in 2016.

Residents will soon be able to connect online any-where in downtown South Bend. The city is creating a Wi-Fi bubble in hopes to bring more people to down-town and put South Bend on the map.

Startup Weekend Bloomington will hold its annual entrepreneurship competition in October. The event calls on participants to take business ideas from con-cept to launch in 54 hours.

Huntingburg Mayor Denny Spinner has announced a “major” project that will bring high-speed internet to the city. “High-Speed Huntingburg” is expected to bring Fiber-to-the-Home for all residences and businesses within the city limits. The privately-funded project will start in the spring. - IBB

IACT would like to thank its 2015

Strategic Partners:

ACTIONLINESNOVEMBER / DECEMBER 2015 11

IN VIEW

CALENDARIACT CALENDAR

NOVEMBER

17 Webinar – Aging in Place: Creating Senior-Friendly Communities

19 Webinar – New Affordable Care Act Taxes and Reporting Requirements - Are You Prepared?

DECEMBER

1 NEO Regional, Jeffersonville

2 NEO Regional, Evansville

3 NEO Regional, Merrillville

5 NEO Regional, Carmel

7 NEO Regional, Fort Wayne

9 IACT Board of Directors Meeting, Indianapolis

9-11 IACT Mayors School, Indianapolis

15 Webinar – You Won the Election – Now What? Keeping Out of Trouble with the 1st Amendment Rights of Employees

17 Webinar – 2016 Legislative Preview

JANUARY

19 IACT Clerk-Treasurer’s Workshop, Indianapolis

19-21 IACT Newly Elected Officials Boot Camp, Indianapolis

28 Webinar – INPRS and the New Annu-ity Savings Account for Government Employees

NOVEMBER

4-7 NLC Congress of Cities & Exposition, Nashville, TN

13 Southern Mayors Roundtable, Vernon

20 Northern Mayors Roundtable, Warsaw

AFFILIATE CALENDAR

AFFILIATE CALENDAR cont.

A

B

D

J

F-I

EK

M

L

C

A

DECEMBER

8 IMPACT Winter Meeting, Columbia City

17 Northern Mayors Roundtable, Goshen

JANUARY

20-22 84th Conference of Mayors Winter Meeting, Washington DC

B

C

D

E

F

G

H

I

J

K

L

M

ACTIONLINES NOVEMBER / DECEMBER 201512

IN VIEW

Aging in Place: Creating Senior-Friendly Communities November 17Improving and nurturing the quality of life in your community takes a comprehensive approach that makes your city or town appealing not only to the new residents you hope to attract, but also the people who live there today and well into the future. Join Dr. Phil Stafford of the Indiana University Bloomington Center on Aging and Community and John Marron of the Indiana University Public Policy Institute for an IACT webinar on the eco-nomics of developing strong aging in place strategies. Partici-pants will also learn about many approaches and resources for fostering age- and ability-friendly communities.

New Affordable Care Act Taxes and Reporting Requirements - Are You Prepared? November 19The new IRS filings related to the Affordable Care Act (ACA) shared responsibility penalties will be due early next year. The administrative burden associated with completing these forms will be significant for many municipalities. Participants will receive a refresher on the Sledgehammer and Mallet penalties, and then a detailed discussion on the new IRS forms that will need to be distributed and filed next year. In addition, this webinar also address the upcoming Cadillac Tax and how municipalities can best prepare for the bumpy road ahead. NOTES: This webinar will be most helpful for municipalities with at least 50 full-time equivalent employees. Smaller towns with fully insured medical plans are not responsible for the IRS filings related to the shared responsibility penalties. This content will be nearly identical to the Annual Conference workshop of the same title.

You Won the Election – Now What? Keeping Out of Trouble with the 1st Amendment Rights of EmployeesDecember 15Under many circumstances, the First Amendment protects public employees from being terminated or having their jobs adversely impacted for political reasons. If a newly elected official dismisses, demotes or reassigns an employee because

of their political affiliation, activity, or speech, that public official can be sued and may ultimately be held liable for violating the employee’s rights under the 1st Amendment of the United States Constitution. Designed for your legal counsel, this webinar will provide information on how to avoid lawsuits from employees alleging adverse employment actions because of their political activities, speech or affiliation which can cripple a new admin-istration, tie up resources and potentially cost huge amounts of money. CLE credit is pending for this webinar.

2016 IACT Legislative PreviewDecember 17Attend this webinar to see what the 2016 Legislative Session has in store. Being a non-budget year, this is the “short session” which will start in January and wrap-up by the end of March. The fast-paced short session has much discussion and debate in store. Learn about IACT’s initiatives for 2016 which include increased road and street funding for locals, greater flexibility with accounting and funds, levy adjustments for rapidly growing cities and towns and the ability to adopt a food and beverage tax at the local level. Most importantly, learn how you can be effec-tive in making cities and towns more prosperous and efficient by engaging in discussion at home with your state legislators!

INPRS and the New Annuity Savings Account for Government EmployeesJanuary 28Local government employers can soon offer the PERF Annuity Savings Account (ASA) Only retirement plan for their employees beginning July 1, 2016. Find out more about what the ASA Only option will mean for you and for your employees.

Does your municipality have an IRS issue? The IRS periodically conducts webinar on topics of interest to local governments such as the taxability of fringe benefits, em-ployees v. independent contractors, travel reimbursement plans and payroll tax treatment of rehiring your retired employees. Visit http://www.irsvideos.gov/Governments to view past webinars.

WEBINARS

The IACT Municipal Management Institute (MMI) was created to provide innovative, quality education programs to municipal officials across Indiana.

Institute participants are given the opportunity to sharpen their management and leadership skills, learn new techniques for tackling common local issues and improving services for citizens, all while working toward certification as an IACT “Certified Mu-nicipal Official” (CMO). As officials complete each MMI level they

are recognized by the Association, and, more importantly, will benefit their community with the knowledge and experience that they gain.

All IACT webinars noted above qualify for one MMI credit.

Thank you to our MMI sponsor, Wessler Engineering.

MMI CREDIT

Earn Municipal Management Institute Credits While Sharpening Your Skills

ACTIONLINESNOVEMBER / DECEMBER 2015 13

IN VIEW

BILL OEDING VALPARAISO CITY ADMINISTRATORMEMBER Q&A

Bill Oeding has served as the City Administrator in Val-paraiso since 2009. He manages the city’s leadership team, which includes public safety, utilities, services and future planning; he serves as a vital link between the com-munity and those who provide city services.

Previously, Bill served as the city’s public works director, where he led initiatives to improve efficiency, save the city money and improve the environment. He has also served as the chamber of commerce president, county tourism director and assistant parks director.

Valparaiso has sited quality of place as a top priority for the future progress of the city. There has been a great deal of coverage on the ValPLAYso park system and what an amazing attraction this is for the city. Can you discuss some additional initiatives the city has taken to keep quality of place as a focus point?

Valparaiso has recently completed a 30 year visioning plan called Valpo Next. Valpo Next was designed to solicit resident input and opinion on what residents want their city to look like in 30 years. The outcome was fantastic and helped us establish a road map for the future.

As City Administrator, one of your duties from the May-or and Council is oversight of financial management for the city. Valparaiso, similar to every community in the state, has taken many steps to increase efficiency while maintaining a high standard of services for citi-zens. Will you share a couple examples of successes the city has implemented?

Probably the biggest undertaking was combining the wastewater treatment plant, water department and sewer

department under one department…Valparaiso Utilities. Under one department the three departments have been able to reduce labor costs, increase customer response time and reduce overall operating costs. Recently, the Utilities Department and Public Works Department have started sharing a new operations facility and have started collaborating on work projects. It is our long term vision to have them operating as one department.

Another responsibility that falls upon the city adminis-trator is managing city wide communication. Can you discuss a couple recent events where the city has been effective at communicating local decision making to the public?

Communication is always tough. You can’t rely on the me-dia to handle your messaging and marketing. To that end, we started a city newsletter, City Talk Live, which is direct mailed to each resident. By doing this, we are now certain the residents are receiving the message we want them to know.

As a follow up to the previous question. Social me-dia not only allows the public a different insight into local government, it is also seen as a feasible way to increase transparency. How has the city of Valparaiso continued to increase the successful implementation of this tool?

Social media certainly has dominated communication. It does allow for transparency. The challenge is that often incorrect information is shared very quickly. If we aren’t careful and deliberate in how we manage social media, things can get out of control quickly.

Transportation and infrastructure funding or lack of funding is going to be a top priority for the upcoming legislative session. As municipalities are finding ways to make every penny stretch to keep up with dilapi-dated roads, how does Valparaiso successfully plan to maintain or improve current roadways?

Over the years we have taken steps to better fund our roads. We have been successful but road maintenance costs continue to rise and the winters have caused a great deal of damage. Though we have been aggressively funding our roads, we are still currently underfunded. We continue to look for funding opportunities.

Continued on page 15 >>

ACTIONLINESNOVEMBER / DECEMBER 2015 15

IN VIEW

You started as City Administrator in 2009 but you held several positions with the city prior to that. What do you feel has been the city’s greatest accomplishment since you started your new position?

Here is a list of a few accomplishments:

• Established a Fire Territory• Construction of a downtown park and 4 years

later the expansion of the park• Development of several roundabouts• Construction of a new public works and utilities

operations facility• Additional pathways throughout the city• Expansion of the Chicago Dash bus service• Completion of ValpoNext long term visioning plan• Economic Development: - Pratt $260 million expansion - Attracting additional retail - Façade improvements in downtown, - A & M Stabilizer moving to town and locating in the old Northcoast Building - The development of many businesses parks

• Rebuilding ValPlayso – parks kids designed and community built playground

• Repair and replacement of miles of sidewalks• Developed a stormwater plan and the completed the

majority of the plan…has reduced flooding and basement backups.

• Completed the Vale Park and State Road 49 grade separated interchange…eliminated accidents

There are often road blocks to accomplishing the long term goals of a community, which are caused by a wide variety of factors. What do you anticipate being one of the biggest obstacles for Valparaiso in the next decade and how does the city plan to prepare for it?

Valparaiso City Administration and residents have a vi-sion for the future. With the engagement of residents, we believe we can complete the process necessary to be suc-cessful. The challenge is how do we accomplish the vision with current funding restrictions? We don’t have a lot of options open to us which causes a lot of local frustration.

Oeding continued from page 13

ACTIONLINES NOVEMBER / DECEMBER 201516

INWRITING

COLUMNS• From the Executive Director• Guest Column

FROM THE EXECUTIVE DIRECTOR & CEO MATTHEW C. GRELLER

Elections are Followed by Tough Goodbyes and the Excitement of New Beginnings

Like many of you who are going through the rigors of a mu-nicipal election year, this isn’t my first rodeo. Knowing how the process works doesn’t make it any easier, however, to close one chapter in the life of IACT and get ready to usher in a new one.

There is the logistical work that goes along with setting up eleven days of training to take place in the weeks following the November election. We’re also working quickly to ensure IACT has the names and proper contact information for all newly elected officials. And, we double our efforts to communicate what we do to more than 1,000 new municipal officials who might not be familiar with the services IACT provides.

More than the spreadsheets and communications efforts, it’s the personal side that makes this quadrennial ritual most dif-ficult. It’s inevitable at this point in every municipal term to stop and think about those who will soon put an exclamation point on their time in municipal government. Many of the people who won’t be returning to office are among the best Indiana has to offer. Leaders who have pushed themselves and their constitu-ents to dream big and act big. Leaders who took the challenges that come with navigating a municipal budget and still managed to put communities on the map in terms of creating quality places where people want to live and raise their families.

The change is significant, of course. But, there is also an excitement that comes with knowing the IACT membership will soon be infused with emerging leaders with new ideas and perspectives. I love getting to know so many people who have a passion for their town or city, who each have a different story to tell about what drove them to seek the privilege of becoming a Hoosier municipal official. There is something very inspiring

about watching newly elected officials discover what a huge dif-ference their actions make on their community and the strength of our state as a whole.

It’s those, for whom the excitement of serving never wanes, that keep us going here at IACT. While each election year we say goodbye to many dedicated leaders, we are fortunate there are so many more still serving and even more who will soon feel that same pull.

If you are one of those who is winding down your term in of-fice, thank you! We have appreciated your dedication to munici-pal government and IACT. And in true IACT fashion, no matter the circumstances surrounding your reason for leaving office, we have one more request of you. Please consider recommending to your successor that they take part in at least one of IACT’s Newly Elected Officials training sessions. While this transition can sometimes be painful for both incumbents and candidates, as well as IACT, we all share a common desire to provide service to Indiana’s municipalities. Making sure every municipal leader in Indiana has the available tools to perform at their best is a goal we should all aspire to achieve.

Best of luck to all IACT members as so many of you slog through the last days of this political season and first weeks of a transition!

All IACT Newly Elected Officials training sessions are open to all IACT members. In fact, we encourage veteran municipal officials to attend. Come to refresh your skills, share your experiences, and make new connections that can help you down the road!

Don’t Miss Out on the Newly Elected Officials Training!

ACTIONLINESNOVEMBER / DECEMBER 2015 17

IN WRITING

Keeping Out of Trouble With the 1st Amendment Rights of Employees

GUEST COLUMNSUBMITTED BY IACT PARTNER BLISS MCKNIGHT

Don’t Miss Out on the Newly Elected Officials Training!

Congratulations to all newly elected officials! Now you now face the task of gathering your new local

government team so your administration can begin implement-ing the initiatives and strategies for which the voters put you in office.

Such change can involve reorganization, reduction of expenses, shifting of budget priorities and discontinuing some activities, often to create efficiencies or make room for new initiatives and strategies.

But change of any magnitude also impacts employees. And this is one place where you need to be very careful. If you are not careful, the political and legal consequences can end up be-ing pretty dreadful.

MARK YOUR CALENDAR IACT and Bliss McKnight will be addressing this essential topic at the upcoming NEO Mayors School-on December 10th; also in a webinar designed for your legal counsel on December 15th—Attorneys receive CLE credits

Under many circumstances, the First Amendment protects public employees from being terminated or having their jobs adversely impacted for political reasons. If a newly elected official dismisses, demotes or reassigns an employee because of their political affiliation, activity, or speech, that public official can be sued and may ultimately be held liable for violating the employee’s rights under the 1st Amendment of the United States Constitution.

For instance, it is common for a new administration to takes steps to reorganize, reduce expenses, and develop greater ef-ficiencies. After all, isn’t this what the voters elected you to do? But when your new initiatives and strategies result in job posi-tions being eliminated, shifted or downgraded, you need to be

prepared for accusations that your motives were purely political. At NEO training, you will learn essential steps that will help

demonstrate that your actions were not politically motivated.There are certain LIMITED circumstances where politically

motivated employment decisions are constitutionally permis-sible.

At NEO training, you will learn when political loyalty (par-tisan or personal), confidentiality and trust CAN be considered when making decisions about employees.

Lawsuits by employees alleging adverse employment actions because of their political activities, speech or affiliation can cripple a new administration, tie up resources and potentially cost huge amounts of money. And getting tied up in this kind of litigation is almost always bad politics.

This is why IACT and Bliss McKnight, the insurance profes-sionals IACT has exclusively endorsed for over 30 years, are bringing this important educational opportunity to you during NEO training and to your legal counsel through a webinar (for which CLE credit is available). See you there!

ACTIONLINES NOVEMBER / DECEMBER 201518

2014 LEGISLATIVE ROUNDUPIN PLACE

LEARN. NETWORK.REPEAT.

ACTIONLINESNOVEMBER / DECEMBER 2015 19

2014 LEGISLATIVE ROUNDUP

1,000 Newly Elected Officials and Veterans will Turnout for NEO!

Every four years, the Indiana Association of Cities and Towns (IACT) conducts Newly Elected Officials Training to provide basic information and tools for city and town officials, helping them manage their first weeks in office and build a foundation for a successful term. Four years ago, IACT’s Newly Elected Officials Training assisted more than 1,000 city and town officials. The 2015-2016 program, presented by Vectren, promises to be bigger and better and will benefit both municipal government newcomers and veterans alike.

Regional Training Dates and locations shown on the map below

IACT Regional Training sessions are held soon after munici-pal elections. The day-long workshop will be offered in five loca-tions across the state and will focus on the first weeks in office, including what to expect at the first council meeting. You will be given critical tools that you will need during transition and when you hit the ground running on day-one. These training sessions are staffed by veteran municipal officials, IACT staff and leading municipal experts.

Mayors School [December 9-11, 2015] Sheraton Indianapolis Hotel at Keystone Crossing

Following Regional Training, Mayors School is an in-depth conference offered specially for Indiana mayors and will arm them with the knowledge and confidence to meet the challenges that come with a new term in office. The intensive schedule, tai-lored to mayors of all sized communities, provides both detailed instruction and round-table style interaction. Mayors School also allows newly elected mayors to meet and quickly begin es-tablishing relationships with one another and the many veteran mayors who will be in attendance.

IACT Clerk-Treasurer’s Workshop [January 19, 2016] The Westin Indianapolis Hotel & Indiana Convention Center

Offered in conjunction with IACT Boot Camp, this critical gathering of elected municipal fiscal officers is a must attend for new and veteran clerk-treasurers. Referenced as a “called meet-ing” by the Indiana State Board of Accounts, the workshop will offer timely instruction on the state’s expectations of its newest fiscal stewards.

Boot Camp for Newly Elected Officials [January 19-21, 2016] The Westin Indianapolis Hotel & Indiana Convention Center

Last on the Newly Elected Official (NEO) training docket is IACT Boot Camp. Just like it sounds, Boot Camp is an intensive three-day conference that is jam-packed with instruction from veteran municipal officials and experts in municipal govern-ment. A look into the basic operations of government, detailed overviews of municipal finance and budgeting, ethics, purchas-ing and much more will be covered by our respected panelists of veteran officials and experts.

Boot Camp promises to be that one place where those new to an office or administration can go get their questions answered. For veteran municipal officials, Boot Camp offers many op-portunities to refresh your skills and brush up on some of the latest laws and best practices. Highlights of the three-day event are extensive workshops, several peer networking opportuni-ties, a can’t miss exhibit hall packed with municipal experts, and your own copy of the sought after 2016 IACT Indiana Elected Municipal Officials Handbook.

Kick-off your boot camp experience at the Welcome Recep-tion at the Colts Grill. Don’t miss this chance to network and enjoy refreshments with your peers. Catch the latest game and check out Colts memorabilia while enjoying this casual event.

Whether you are new to office, returning for your second term, a seasoned veteran, or an appointed official looking to brush up on your skills, there is something for you at Boot Camp!

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Workshops

Peer Networking

You will really feel like you’ve entered Boot Camp when you dive into the menu of workshop topics we have planned for you. IACT is offering 19 different workshops during this three-day event on a diverse set of topics that range from public safety to public finance. We have assembled a first-class group of experts and respected veteran officials to assist the IACT staff in bringing you this intensive and enriching program.

Kicking off the program on Tuesday will be two early-bird workshops. The IACT Medical Trust – A Cost Savings Tool for Covering Rising Healthcare Expenses will introduce IACT members to IACT’s program to help address shrinking municipal budgets. This one-hour session will help city and town officials understand the different Trust offerings as well as what it means to become a member. This hour could help you begin putting your community on a path to more predictable healthcare costs.

Also offered on Monday is Basic Training: Advocating for your Community and IACT at the Indiana Statehouse. IACT’s Legislative Team will help participants understand how you can be influential with lawmakers and make a difference for your community and communities all around the state.

At IACT, we hear it time and time again: one of the best things we offer is a time and place for municipal officials to come together and just talk with each other. This platform leads the way for relationship building and the sharing of information that can help you solve problems or bring in-novative new methods to your community. IACT Boot Camp is no different. In addition to several other occasions for important group discussions, we are offering specific Peer Networking Session during Boot Camp. On Wednesday, mayors, city council members, town council members, clerks and fiscal officers, department heads and staff, and town managers will have time to get together with just your peers for a comprehensive discussion about what to expect and get your questions answered.

Visit a plethora of experts in our exhibit hall during IACT Boot Camp. The exhibit hall will provide a venue for you to meet and network with IACT Associate Member company representa-tives. Exhibitors will consist of engineering and consultant firms, law firms, insurance companies, nonprofits, state agencies and other important organizations that do business with and have an interest in municipal government in Indiana.

The Indiana Elected Municipal Officials Handbook is a reference guide published by IACT for city and town officials. The handbook reviews the structure and operations of city and town government, applicable statues and sources of state and federal programs. Each municipal official registered for Boot Camp will receive one of these coveted handbooks.

Exhibit Hall

Handbook

Newly Elected Officials Training presented by:

NEO HIGHLIGHTS

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Diverse Schedule of Events and Deserving Honorees made 2015 IACT Annual Conference & Exhibition a Hit!

ERIN JAMISON-KOENIGCOMMUNICATIONS COORDINATOR, IACT

Whether it was the 25 workshops and peer networking ses-sions, the huge exhibit hall with 150 vendors, non-profits and state agencies, or the IACT Annual Awards Program presented by Umbaugh, the feedback on this year’s event has been out-standing! The message from Keynote Speaker Josh McManus was a theme heard throughout the Conference – it doesn’t take big money to create quality communities. It takes creativity, enthusiasm, and lots of partnerships to build communities where people want to live and raise their family.

NEW IACT OFFICERS

Kokomo Mayor Greg Goodnight was elected the 2016 IACT President. He will be joined by Evansville Mayor Lloyd Winnecke as 1st Vice President and Nashville Clerk-Treasurer Brenda Young as 2nd Vice President. All three [pictured above] will take office on January 1.

2015 IACT ANNUAL AWARDS

Communities and individuals from across the state were recognized as 2015 IACT Annual Awards winners for outstand-ing achievement, successful innovation and strong leadership in municipal government. The 2016 Annual Awards Brochure will be available early next year. Please take a good look at your local projects, team members and corporate partners and consider making a nomination.

IACT LEGISLATOR OF THE YEAR

Representative Ben Smaltz [pictured below] was honored as IACT’s Legislator of the Year. The Representative was on hand to accept the award and offer city and town leaders some outstanding comments in support of more local decision making authority.

Save These Important Dates!

2016 IACT Legislative DayFebruary 17Indianapolis

2016 IACT Annual Conference & ExhibitionOctober 4-6We’re back in French Lick!

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