Indiana News 92 1

Association of Indiana Counties Inc. PRESORTED STANDARD

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Volume 22 Number 6 6 Number 22 Volume November/December 2016 November/December INDIANA INDIANA NEWS

92 Fired up.

Communities across Indiana depend on their county officials to make important decisions that will benefit citizens. As Indiana’s largest law firm, Barnes & Thornburg LLP is passionate about assisting many county officials with legal issues they face on a daily basis, including: • Financing county facilities • Generating economic development strategies • Litigating cases when necessary • Developing county employment policies • Addressing environmental issues You can’t teach that kind of passion. But when you come to us for advice, you can certainly expect it.

Uncommon Value

Elkhart Fort Wayne Indianapolis South Bend 574-293-0681 260-423-9440 317-236-1313 574-233-1171

ATLANTA CHICAGO DALLAS DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, D.C.

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BTL_FiredUp_2016AIC_R1.indd 1 3/16/16 10:13 PM What’s Inside Fired up.

Uncommon Value Calendar l issue for pecia JANUARY S 1-2 New Year’s Day 16 Martin Luther King Jr. Day newly elected 24-27 ICAA Winter Conference Hyatt Regency, Indianapolis 31 AIC Board Meeting 10:30 a.m. officials Hyatt Regency, Indianapolis 31 AIC Institute Class Human Resources (3 credit hours) Features Extras 31-2/1 Legislative Conference Hyatt Regency, Indianapolis 2 Fast Track Your Influence and Leadership 11 NEO Guidebook Order Skills through AIC Involvement Form FEBRUARY By David Bottorff 1 Legislative Conference 13 2017 AIC Institute Schedule Hyatt Regency, Indianapolis 4 Learning How to be a Resource for 3-5 Coroner Training Statewide Policymakers Update Your Contact Info Sheraton Hotel & Suites 19 By Ryan Hoff Keystone Crossing, Indianapolis 4 Newly Elected Coroners 6 Essential Info for NEOs on State Offices Training Sheraton Hotel & Suites Keystone Crossing, Indianapolis 12 AIC Institute for Excellence in County 17-19 Coroner Training Government Sheraton Hotel & Suites Keystone Crossing, Indianapolis By Christine Traina Elkhart Fort Wayne Indianapolis South Bend 25-3/1 NACo Legislative Conference 574-293-0681 260-423-9440 317-236-1313 574-233-1171 Marriott Wardman Park, 16 Changing of the Guard: Draining the Washington D.C. Swamp By Mark Ford and Eileen Moore, Ice Miller LLP indianacounties.org ATLANTA CHICAGO DALLAS DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, D.C. btlaw.com 20 2017 Legislative Conference

www.IndianaCounties.org November/December 2016 INDIANA NEWS 92 1

BTL_FiredUp_2016AIC_R1.indd 1 3/16/16 10:13 PM The Director’s Chair

INDIANA NEWS 92

The official magazine of Association of Indiana Counties, Inc. 101 West Ohio Street, Suite 1575 Indianapolis, Indiana 46204-2051 (317) 684-3710 FAX (317) 684-3713

www.indianacounties.org Karen Avery, Editor Fast Track Your OFFICERS President: Terri Rethlake, St. Joseph County Clerk First Vice President: Larry Hesson, Hendricks County Council Influence and Second Vice President: Steve Crabtree, Switzerland County Council Third Vice President: Stacey O’Day, Allen County Assessor Treasurer: Anton Karl Neff, Owen County Council Leadership Skills

STAFF David Bottorff, Executive Director through AIC [email protected] Ryan Hoff, Director of Government Relations & General Counsel [email protected] Involvement Karen Avery, Director of Public Relations [email protected] By David Bottorff, Executive Director Christine Traina, Director of Planning and Professional Development [email protected] [email protected]

The Association of Indiana Counties, Inc. (AIC) was founded in 1957 for the betterment of county government. Each of Indiana’s To those leaving office: No matter why your term in a county office is ending, 92 counties are members of the AIC. The AIC Board of Directors is we want to thank you for serving the citizens of Indiana. For some, the made up of elected county officials and is responsible for overall AIC policy and management. AIC serves its members through lobbying, decision to leave county office is due to term limits while other officials choose education, publications, research, and technical assistance. to move on to other challenges. Still others may have been defeated due to a local issue or a national trend. You put your name on the ballot and ran for Indiana News 92 is published bi-monthly by the AIC at 101 W. county office. You subjected yourself to making difficult decisions for your Ohio St., Suite 1575, Indianapolis, IN 46204-2051. It is distributed community. You opened up yourself to criticism and headaches. As you leave to county elected officials, county employees, state and federal legislators, state agency personnel, National Association of office, I hope you leave with a sense of accomplishment and satisfaction. Counties (NACo), universities, non-profit associations, media, and organizations interested in the betterment of county government. As we bid farewell and thanks to county officials whose terms end Dec. 31, For advertising rates and other information, please contact Karen 2016, we prepare for the incoming class of newly elected officials. Avery, Editor. New officials do not always immediately take advantage of county official All county members receive annual subscriptions to organizations that are designed to assist county elected leaders. Too Indiana News 92 magazine through payment of county dues. often I have heard county officials express regret that they did not become Subscription Rate: $25.00 per year. more involved in the Association of Indiana Counties (AIC) or their affiliate Postmaster: Send address corrections to: organizations earlier in their county service. AIC 101 West Ohio Street, Suite 1575 Attending AIC events and being active in the AIC is a fast track for learning Indianapolis, IN 46204-2051 about emerging issues. Participation also gives members the opportunity to create and influence public policy on a county level, statewide level and even

2 INDIANA NEWS 92 November/December 2016 Association of Indiana Counties Inc. The Director’s Chair

on the national level. Our training classes through the Institute for Excellence in County Government are opportunities that can help you learn about county government and be a more influential leader in your community (Learn more on page 12).

The training and education classes as well as opportunities for leadership and camaraderie are just a few reasons members enjoy active participation in the AIC. With partisan politics IMPORTANT AIC EVENTS disregarded, active members create lifelong friends, colleagues and confidants. Our money saving programs can help you WINTER mitigate liability to the county while saving and earning money for AIC Annual Legislative Conference your county. Held before the halfway point of the legislative session, attend this event to learn about what bills are active The AIC’s legislative, training, awards and ad hoc committees that may impact your county office. Become an are great ways to get involved in the association. The AIC’s influencer by meeting with your legislators about 36-member board of directors offers many opportunities for important bills during the conference. involvement. Our 12 district officers and 18 affiliate positions are great opportunities to be involved at the board level. (See info about the 2017 conference on page 20.)

SPRING We know your first priority is to your office AIC District Meetings and your county’s taxpayers. However, Held shortly after the legislative session ends, AIC staff travel to each of AIC’s six districts for elections of district remember that the AIC wants to help you officers. A president and vice president are elected become a better county official so you can for each district to serve one-year terms following the district meeting. AIC staff provide updates on the bills better serve your taxpayers. that were passed into law during the legislative session. We also recognize winners of the third grade county government essay contest at each district meeting. Being active in the AIC also opens the door for involvement in the National Association of Counties (NACo). The AIC has FALL appointment authority to NACo’s 10 policy committees. The association’s 10 policy-related steering committees cover a full AIC Annual Conference array of domestic policy issues impacting county governments The AIC Annual Conference is the largest gathering and our local communities. These committees meet at least twice of county officials across Indiana. For nearly 60 years each year to review and make recommendations on public policy county officials have met once per year to network with issues and legislation. The policy development process initiated their peers across the state and to receive a full day of by the steering committees is the foundation for the American training with the AIC’s Institute for Excellence in County County Platform which is used to deliver the county government Government. Most AIC affiliate associations also hold message to the president’s administration, Congress and the a half or full day breakout session. AIC county affiliate American public. associations include those that represent: assessors, auditors, clerks of the circuit court, commissioners, We know your first priority is to your office and your county’s coroners, council members, recorders, surveyors, and taxpayers. However, remember that the AIC wants to help you treasurers. Although not elected positions and not become a better county official so you can better serve your allowed to vote on AIC board issues, other advisory taxpayers. associations that have influence and serve on the AIC board of directors include those representing highway The AIC President will be making committee appointments this supervisors, IT directors, and ADA & spring. If you are interested in committee service, contact David Title VI Coordinators. Bottorff at [email protected].

www.IndianaCounties.org November/December 2016 INDIANA NEWS 92 3 Politics & Policy

Learning How to be a RESOURCE for Statewide Policymakers

By Ryan Hoff, General Counsel and Director of Government Relations [email protected]

As new county elected officials assume office, the AIC and our capacity. These issue experts have the ability to bridge any gaps affiliate member associations will be preparing and providing in information for you and provide a more meaningful and personal resources for new officials to use in their official duties. There viewpoint on the data provided, giving context to what you are will be handbooks, guidelines, recommendations, presentations reading. and manuals to assist newly elected officials, but perhaps the most important resource is the people who have the institutional However, just as county officials rely on other people as resources knowledge of what it takes to effectively serve in your official to assist them in their daily work, legislators will also be looking for resources to assist them in crafting new laws. For years, there was a very stable core of state legislators in Indiana that had been in office for many years, and therefore had a more detailed knowledge and understanding of a wide range of issues, based upon personal history in crafting policy over the years. However, there has been a massive turnover in membership of the Indiana General Assembly,

NAVIGATING INDIANA CODE

Reviewing Indiana Code can be a daunting task, even for legal professionals. However, if you break down the thousands of pages by its structure it starts to make sense. The Indiana Code is broken down into Title, Article, Chapter and Section (TACS). The 36 Titles are broken into subject matter area, and within each Title the laws narrow each concept into finer detail as you progress into each Article, Chapter and Section. Be sure to look closely at the definitions that will apply to each because they are the keys to very specific application of law instead of what you may consider to be general terms of everyday use.

4 INDIANA NEWS 92 November/December 2016 Association of Indiana Counties Inc. thus eliminating decades of institutional knowledge of issues and the laws already on the books. To whom will they look for filling the gaps in information on issues, especially AIC AFFILIATE PRESIDENTS those issues which deal with county government? Assessors’ Association Judy Sharp, Monroe County Assessor BECOMING A RESOURCE (812) 349-2502 As local officials, it is important that you also become a resource for legislators. When [email protected] legislation is introduced that impacts your office, who are the issue experts who can provide the context and more meaningful personal viewpoint on that legislation? Auditors’ Association County officials live these issues daily, and are positioned to be the most trusted Tera Klutz, Allen County Auditor sources of information for legislators. And as a trusted resource, you are then in a (260) 449-7241 position to help shape laws that impact your office and the taxpayers who rely on your [email protected] office. Clerk’s Association But how do you become a resource? First, open the lines of communication with your Laura Martin, Randolph County Clerk legislators. They really do want to hear from local officials who will be implementing the (765) 584-4214 laws they make. Provide consistent information and feedback so they know you will [email protected] be a reliable source of information over time. When you talk to your legislators, ask for their personal email and cell phone numbers. Communication with their legislative office Commissioner’s Association Mike Yoder, Elkhart County Commissioner is more often overlooked or lost in the process than personal communication. Also, (574) 535-6743 give feedback both before and after their official actions. Over time, they will become [email protected] educated on issues and will be more likely to support your viewpoint as they cast votes in the Indiana General Assembly. Coroners’ Association Leslie Cook, Adams County Coroner Furthermore, schedule time during the legislative session to visit the Indiana (260) 724-3123 Statehouse. Legislators are extremely busy during the legislative process, but an in- [email protected] person visit will be an obvious sign that you are paying attention to their work. A visit from citizens from their district, especially other elected officials, will almost always be Council Association the most important voice that a legislator will hear during their day. AIC hosts its Annual Linda Sanders, Shelby County Council Legislative Conference during legislative session, and that is one obvious occasion to (317) 788-5854 schedule a visit. However, any visit is well received. Be sure to lean on the AIC staff that [email protected] understand the legislative calendar and will be happy to help you plan the best time to visit based on the issues that concern you the most. Recorders’ Association Jon Miller, Porter County Recorder Either way, county officials are well-positioned to establish themselves as a valuable (219) 465-3476 personal resource for legislators making laws that impact your office. The key is [email protected] to make yourself available through consistent communication and displaying your commitment to your office. If you would like any further tips in communicating with your Surveyors’ Association Ken Hedge, Boone County Surveyor legislators or need any further insight into how the legislature functions, the AIC staff is (765) 325-2721 here to assist! [email protected]

Treasurers’ Association Paula Stewart, Lawrence County Treasurer (812) 275-2431 Stay Connected. [email protected] Follow the AIC on Twitter, Facebook and YouTube! Note: The affiliate associations have various Use the hashtag #IndianaCounties when calendars for electing their leadership. This list of posting news about your county. officials is in effect for Jan. 1, 2017.

www.IndianaCounties.org November/December 2016 INDIANA NEWS 92 5 Newly Elected Official Essentials // State info

The must -know Essential Info for NEOs on State Offices

My best advice to NEO’s is this: Be sure to tap into the resources available at the DLGF, the State Board of Accounts “ and the AIC and your peers across the state. They will personally respond to your questions and will save you valuable time in your problem solving efforts. - Ryan Goodwin, Morgan County Council ”

6 INDIANA NEWS 92 November/December 2016 Association of Indiana Counties Inc. One thing I would have appreciated knowing before becoming an elected county auditor is that an auditor has a significantly “ different definition in county government than in the private sector or general public. But I have no regrets as it has been a very educational experience; I’m grateful for the opportunity to serve my community. – Tera Klutz, Allen County Auditor ”

The one thing I wish I had known before assuming my county elected offices in both the clerk’s office and now the “ recorder’s office is: The general public really has no idea what you do all day and it is up to me to educate them on the services we provide and how we can serve their needs. – Jill Jackson, Johnson County Recorder ”

Indiana Department of Local Government Finance (DLGF)

The Indiana Department of Local Government Finance (DLGF) is responsible for ensuring property tax assessment and local government budgeting are carried out in accordance with Indiana law. The DLGF is charged with publishing property tax assessment rules and annually reviewing and approving the tax rates and levies of every political subdivision in the state, including all counties, cities, towns, townships, school corporations, libraries, and other entities with tax levy authority.

The DLGF Budget Division works closely with local officials in preparing their annual budgets and to monitor and enforce statutory compliance with Indiana law. The division’s staff provides recommendations to the DLGF commissioner on matters related to budgets, rates, levies, exceptions to property tax controls and taxpayer exceptions to tax rate increases. Throughout the year division staff are involved in training and participate in budget hearings and appeals throughout the state. The division maintains field offices throughout the state to better serve local units of government.

The DLGF is a great resource for reminders of upcoming deadlines for the property tax system and Gateway system. Be sure to sign up for their memos.

To view a list of important contacts at the DLGF visit http://in.gov/dlgf/2338.htm.

www.IndianaCounties.org November/December 2016 INDIANA NEWS 92 7 Newly Elected Official Essentials // State info

Indiana State Board of Indiana Secretary of Accounts (SBOA) State’s Office

The Indiana State Board of Accounts (SBOA) is The office of Indiana Secretary of State (SOS) dedicated to providing the citizens of the State of is one of five constitutional offices originally Indiana with complete confidence in the integrity designated in Indiana’s State Constitution of and financial accountability of state and local 1816. Sixty-one Hoosiers have served as the third government. highest-ranking official in state government.

The SBOA is charged by state law with many Secretary of State Connie Lawson is a former AIC responsibilities that impact county government. member and served as Hendricks County Clerk Some of those areas include: (1) collection of of the Circuit Court for eight years. During her financial reports annually from every state or local tenure, she was named elections administrator government unit, entity, or instrumentality; and of the year by the Indiana State Election Board (2) collection of all Conflict of Interest Statements and clerk of the year by the Indiana Clerk’s from State and Local Government Officials. For a Association. She also served as president of more thorough list of SBOA responsibilities visit the Indiana Clerk’s Association and chair of the http://in.gov/sboa/4438.htm. groups’ legislative committee. After her service in Hendricks County, Lawson served in the Indiana INTERNAL CONTROLS State Senate for 16 years where she championed Also of interest to county officials is the new elections reform, among many other issues. requirement for internal controls. Historically, the duties of the Indiana SOS’s Pursuant to Indiana Code 5-11-1-27(e), the office included the maintenance of state records SBOA has developed the Uniform Internal Control and preservation of the state seal, but as state Standards for the Indiana Political Subdivisions government expanded so did the responsibilities manual, which contains the acceptable minimum of the SOS. Present-day duties include level of internal control standards. chartering of new businesses, regulation of the securities industry, oversight of state elections, Pursuant to Indiana Code 5-11-1-27(g), after commissioning of notaries public, registration of June 30, 2016 all Indiana political subdivisions trademarks and licensing of vehicle dealerships must have their own local policy regarding internal throughout Indiana. controls and ensure that personnel receive training on Internal Controls. There are four main divisions that comprise the Secretary of State’s office: Business Services The Uniform Internal Control Standards for Division, Election Division, Securities Division and Indiana political subdivisions can be found by Auto Dealer Services Division. at http://in.gov/sboa/5071.htm. This page also includes approved training materials for political ELECTION DIVISION subdivisions. The Indiana election division is part of the Indiana Secretary of State’s Office. It is a great resource To view a list of important contacts at the SBOA for nearly anything election-related. From visit http://www.in.gov/sboa/4442.htm. campaign finance laws, the Help America Vote Act (HAVA), vote centers, electronic poll books and voter turnout statistics, the Indiana Election Division is there to help you help voters.

To view a list of important contacts at the SOS’s office visit http://in.gov/sos/2361.htm.

8 INDIANA NEWS 92 November/December 2016 Association of Indiana Counties Inc. I wish I had known about the requirements of The essential the Indiana Department of Local Government STATE AGENCY INFO “ Finance (DLGF) and the services and information provided to local government. In addition, a DLGF better understanding of the Indiana State Board (888) 739-9826 of Accounts and how they relate to county www.in.gov/dlgf government would have been very beneficial. SBOA - Paul Sinders, Clay County Commissioner (317) 232-2513 www.in.gov/sboa ” Secretary of State (317) 232-6531 One thing I would have appreciated www.in.gov/sos/2341.htm understanding is that everything you do as State Treasurer “ an elected official is pretty much controlled (317) 232-6386 by Indiana code and that there are multiple www.in.gov/tos resources available to help you follow that code, State Auditor including the State Board of Accounts, (317) 232-3300 www.in.gov/auditor the Department of Local Government Finance and the Indiana County Treasurers Association. Public Access Counselor (317) 234-0906 – David Reinhardt, Clark County Treasurer ” www.in.gov/pac

Indiana State Treasurer’s Office

The office of the Indiana State Treasurer is one of five constitutional offices and has broad responsibilities and authority in the areas of investment and finance. In addition to being the State of Indiana’s chief investment officer and banker, the treasurer serves as chairperson or a member of numerous state boards, commissions and authorities.

Indiana State Treasurer Kelly Mitchell serves as the 55th Indiana State Treasurer, the fifth highest-ranking statewide government official. Prior to becoming state treasurer Mitchell worked in the state treasurer’s office as the director of TrustINdiana, Indiana’s local government investment pool. Before joining the state treasurer’s office, Mitchell was a county commissioner for eight years in Cass County. During her tenure as commissioner, she served as president of the Cass County Board of Commissioners for five years and was named First-Term Commissioner of the Year by the Association of County Commissioners.

The Indiana State Treasurer is required by state statute to fulfill many responsibilities. Some of those roles that impact county government include:

• Managing TrustINdiana, the local government investment pool created to provide all Indiana local units of government the opportunity to invest in a common pool of investment assets that preserves the principal of the public funds, remains highly liquid, and maximizes the return on investment.

• The Indiana State Treasurer serves as chair of the Indiana Bond Bank, which has the mission to assist local government in obtaining low-cost financing for important public work, including school facilities and leasing essential equipment items.

www.IndianaCounties.org November/December 2016 INDIANA NEWS 92 9 Newly Elected Official Essentials // State info

I wish I had known how detailed the job truly is and why you need to continually monitor legislation for changes that “ happen yearly in the office. It is also important to attend all meetings so you can keep up with the changes. When you take office you must be prepared to be a hands-on clerk who is ready to hit the floor running and be ready to multitask every day. There is never a dull moment in the clerk’s office. – Debbie Walker, Henry County Clerk ”

Indiana State Auditor’s Office Indiana State Public Access Counselor The mission of the Indiana State Auditor’s office is to carry out the constitutional responsibilities The Indiana Public Access Counselor (PAC) of the Indiana State Auditor by: informing the provides advice and assistance concerning public about Indiana State government’s finances; Indiana’s public access laws to members of maintaining the state’s financial records and the public and government officials and their reports and paying the state’s bills and employees employees. accurately and efficiently; taking a leadership role in the development of the state’s financial policy; Among its many responsibilities the PAC upholding the public’s trust and confidence by establishes and administers a program to train ensuring that Hoosiers’ tax dollars are accounted public officials and educates the public on the for and spent transparently; serving as a check rights of the public and the responsibilities of public and balance within the executive branch to sustain agencies under public access laws. accountability among state and local governmental entities; and providing quality customer service to The PAC also interprets public access laws and all who conduct business with the State of Indiana. issues advisory opinions upon the request of a person or a public agency. The counselor may not Before becoming Indiana State Auditor, Suzanne issue an advisory opinion concerning a matter if a Crouch served as the State Representative for lawsuit has been filed under the Open Door Law or House District 78 which encompasses parts the Access to Public Records Act. of Vanderburgh and Warrick Counties. Prior to serving in the House of Representatives, Crouch The PAC’s office provides answers to critical spent eight years as Vanderburgh County Auditor. questions on Indiana’s Open Door Law. The Public During that time, her office received its first clean Access Counselor handbook, found at http:// bill of health in decades from the Indiana State www.in.gov/pac, is a great resource for all county Board of Accounts. Crouch then went on to serve officials and provides information about public as a Vanderburgh County Commissioner until meetings – what is considered a meeting, where joining the House. She presided as president of you can meet, procedures for official actions, etc. that body during her third year in office. The handbook also goes into detail about public records requests – when and how public records Crouch has been elected to serve as Indiana may be requested, how to respond to public Lieutenant Governor. Her successor had not records requests, etc. been appointed at the time of printing for this publication.

To view a list of important contacts at the state auditor’s office visit http://in.gov/auditor/2334.htm.

10 INDIANA NEWS 92 November/December 2016 Association of Indiana Counties Inc. 2017 Guide to Indiana Guide to Indiana County County Government Government

2017 Edition A PUBLICAITON OF ASSOCIATION OF INDIANA COUNTIES, INC.

101 West Ohio Street, Suite 1575 Order Form Indianapolis, Indiana 46204 Phone (317) 684-3710 • Fax (317) 684-3713 www.indianacounties.org

Price per publication:

$25 per book for active AIC Associates and members. Complimentary copies were provided to $30 for non-members. Quantities are limited. attendees of the AIC’s 2016 NEO Seminar. Order while supplies last. Additional copies are available for a nominal fee.

Requested Publication: 2017 Guide to Indiana County Government Quantity requested: ______

Supplies are limited and available on a first come first served basis.

Note: active AIC vendor or member status will be verified prior to shipment of book(s)

The 2017 Guide to County Government outlines the roles and responsibilities for affiliate Indiana County offices. In many cases the Indiana Code is included for reference. AIC affiliate offices include: assessors, auditors, clerks of the circuit court, commissioners, coroners, council members, recorders, surveyors, and treasurers.

This order confirms that recipients who purchase or access data in this “Guide” will not use the data within this book and repackage it for profit. All references in print or verbally to this data must be credited to the Association of Indiana Counties.

Total Price for Invoice: $______

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Email ______Phone (______) - ______

Please email or fax order form to: Karen Avery at [email protected] / (317) 684-3713. Questions? Call Karen at (317) 829-3656.

www.IndianaCounties.org November/December 2016 INDIANA NEWS 92 11 AIC Institute for Excellence

AIC Institute for Excellence in County Government EDUCATING COUNTY OFFICIALS SO THEY CAN BETTER SERVE TAXPAYERS

By Christine Traina, Director of Planning and Professional Development [email protected]

With the many facets and complexities of government, well- Many affiliates now have training requirements upon assuming office educated people are needed to ensure that government functions per legislation passed by the Indiana General Assembly in recent run smoothly. The AIC has devoted its resources to improving years. The courses offered through the AIC Institute for Excellence government through its educational program called AIC Institute for program are approved within affiliate curriculums. For a full list Excellence in County Government. In order to graduate and receive of training requirements, visit www.indianacounties.org and click certification, you are required to complete thirty (30) credit hours on the “Training & Education” tab located on the right side of the during your first term in office per the certification requirements listed homepage. below. Graduates will receive their certificates at the AIC Annual Conference held each fall. CERTIFICATIONS. Classes are hosted in both live and webinar versions to accommodate different learning styles and schedules. We Institute Certificate understand the value of attending a class and having interactions Each year the AIC offers six core courses which include: Human between the presenters and attendees, but we also know that travel Resources, Legal & Ethical Issues, Budget & Finance, Leadership, budgets are tight and not everyone can afford the time to be out of Communications, and Legislative Affairs. To earn your Institute the office for a day. Certificate, you must accumulate thirty (30) credit hours within your first term. Twenty-five (25) of these credit hours must be from core “Continuing education is important as an elected official. courses and must include one Budget & Finance course. I have attended Institute classes for many years, and they have given me the opportunity to expand my knowledge of Continuing Education Certification issues directly related to being an elected official. I have used Because education is a never-ending process, we have many people who continue their participation in the program. To earn your the information from the classes in many aspects of my job Continuing Education Certification, you must have previously earned especially the leadership and human resources courses.” your Institute Certificate and completed twenty (20) hours within one – Jane Grove, Randolph County Treasurer calendar year.

12 INDIANA NEWS 92 November/December 2016 Association of Indiana Counties Inc. Masters Pins Budget & Finance I To reward those who have truly made education a priority, the Hosted in conjunction with the AIC District Meetings Institute Masters Pin is given to those who have accumulated a May 3 – Northwest; May 4 – Northeast; May 11 – West number of credit hours in the program. Central; May 16 – East Central; May 17 – Southwest; May 18 – • Silver Masters Pin – 75 total credit hours Southeast • Gold Masters Pin – 125 total credit hours This course will review budget development, management, and best practices. Participants will hear from budget experts and learn from • Platinum Masters Pin – 180 total credit hours real examples. Attendees will be able to identify important deadlines • Lifetime Achievement Award – 240 total credit hours for advertising and adopting the county budget. Attendees will learn the funds that make up the county’s budget and how much each of the funds will increase for the following year. The course will also 2017 CURRICULUM. identify when the county council has binding and non-binding review of other local units’ budgets. Human Resources Tuesday, Jan. 31 This is required training for County Recorders. In many county offices there is not a person trained and responsible for human resource issues such as an HR Manager. How do you Elective – ADA Compliance manage medical issues in the workplace? Who do you talk with Tuesday, June 13 when you need office conflict resolution? What are proper hiring practices? This course will address these and other HR issues. This class will review Title VI of the Civil Rights Act of 1964 and the Attendees will become familiar with the Family Medical Leave Act Americans with Disabilities Act (ADA). It will take an in-depth look and be able to identify circumstances that may put the county at risk at the county’s responsibilities regarding these regulations with of lawsuits related to personnel policies and practices. research and applicable examples.

This is required training for County Recorders. 2017 SCHEDULE AT A GLANCE

Legal & Ethical Tuesday, Jan. 31 3 credits Human Resources March March TBD 5 credits Legal & Ethical This course will look at legal and ethical implications within the county offices focusing on the Open Door Law, Access to Public Thursday, April 27 3 credits Communications Records Act, and the Social Media Law. Attendees will learn potential risks of employer and employee use (and abuse) of online May - Prior to AIC’s 3 credits Budget & Finance I media and discuss pointers to help employers avoid possible social District Meetings media landmines. They will also gain a better understanding of when public notice is necessary for meetings, how to announce said Elective – ADA Tuesday, June 13 3 credits meetings, and the distribution of minutes or memoranda. Compliance

This is required training for County Recorders. Friday, June 23 2 credits Budget & Finance II

Communications Elective – Technology in Thursday, July 13 3 credits the Workplace: Cyber Thursday, April 27 Security This course will provide participants with a foundation for effectively communicating with the media while best representing their county Elective – Internal August TBD 3 credits and their county office. Attendees will learn some common pitfalls Controls when interacting with the media and some tips on how to avoid them. They will also gain the skills to create a Media Standby Monday, Sept. 25 3 credits Leadership Document, an easy-to-use tool that preps the user to for tough Tuesday, Nov. 21 5 credits Legislative Affairs questions from the news media.

www.IndianaCounties.org November/December 2016 INDIANA NEWS 92 13 AIC Institute for Excellence

Budget & Finance II U.S. Counties Friday, June 23 This course will take a deeper look into key budget issues affecting counties. FREE for NACo Elective – Technology in the Member Counties Workplace: Cyber Security Thursday, July 13 Be a Live Healthy county This course will discuss the keys to building a strong culture of security within your county. It will with health discount also share tips to ensure users do the right thing programs for residents when it comes to security

Elective – Internal Controls Help your residents save on August everyday prescription, dental Beginning July 1, 2016, there are new and health costs. requirements that local units must comply with for internal controls. This class will review those requirements and give guidelines for how best to Prescription Discounts at more be in compliance. than 68,000 pharmacies nationwide. Free to residents – they can save Leadership an average of 24%* off retail prices. Monday, Sept. 25 Dental and Health Discounts at a This course addresses the essential skills of national network of providers. Low- successful leadership that go beyond technical expertise, such as the ability to inspire and direct fee programs save residents 15% others. Participants in the course will evaluate to 50% on dental and health costs. their own leadership perspective—how they see life, analyze problems, negotiate issues, make The Live Healthy program also decisions, and interact with others. They will also includes marketing materials to explore the value of good communication and the reach your residents. importance of maintaining relationships.

Legislative Affairs Become a Live Healthy county – it’s free! Visit Tuesday, Nov. 21 www.naco.org/health or call toll-free 1-888-407-6226. This course provides attendees with an insider’s perspective on the Indiana General Assembly. Hear from professional lobbyists about the ins and outs of The Live Healthy discount program is NOT insurance. lobbying and some tricks of the trade. Learn what * Savings may vary by drug and by pharmacy. key issues your AIC staff members are following for The Prescription Discount Card is operated the 2018 Legislative Session. Participants will also by CVS/caremark®. The Discount Medical Organization for NACo Health and Dental get the opportunity to experience Organization Day Discounts is Alliance HealthCard of Florida, Inc. at the Statehouse. All rights reserved. ©2015 CVS/caremark. 106-35891a 100515

14 INDIANA NEWS 92 November/December 2016 Association of Indiana Counties Inc. GUARANTEED THEY’RE NOT THINKING ABOUT INSURANCE COVERAGE RIGHT NOW.

Downey Public Risk has provided insurance and risk management for more than 1,000 municipalities, counties, schools, and emergency service organizations. At Downey, we work with local, independent insurance agents to offer coverage plans that address the specific needs of those organizations. Contact us at 1-800-382-8837. www.downeypublicrisk.com Legal Insight

CHANGING OF THE GUARD Draining the swamp: How much change is legal?

By Mark Ford and Eileen Moore, Ice Miller LLP

Once the excitement of the campaign is over, and the election Determining whether a position is a policymaking or confidential one results are official, newly elected (and re-elected) county officials can be challenging. The wrong decision on this isolated issue often face a number of decisions, including decisions relating to results in litigation. The Supreme Court has stated that the ultimate employees and staffing. Every newly elected official considers question is really not whether the above labels fit a particular “changing the guard” (some now call it “draining the swamp”) to position, but “whether the hiring authority can demonstrate that assure that the individuals who work in the office’s key positions party affiliation is an appropriate requirement for the effective will be loyal and actively supportive of the official’s public agenda. performance of the public office involved.” But can an incumbent employee be terminated legally? The answer is “yes.” The basic rule to remember is that employees The leading Seventh Circuit Court (Indiana is in the Seventh Circuit) may be dismissed if they can be classified as “policymakers” or decisions defining the policymaker exception state that the test to “confidential” employees, as the courts have defined those terms. determine if a person is a policymaker requires the official to ask this Although this classification will be simple in some cases, in others it question: will be more difficult to assess. In other words, tread carefully. Does the position authorize, either directly or indirectly, LEGAL ISSUES meaningful input into government decision making on issues where there is room for principled disagreement on goals or The First Amendment prohibits a public employer from making their implementation? an employment decision about an employee (or an independent contractor) based on political affiliation, unless party affiliation is This is obviously a very subjective standard and therein lies the an appropriate requirement for the position involved. The U.S. rub. The analysis that a newly elected official must make is also Supreme Court has established the general proposition that a difficult because the court has stated that the job analysis must public employer can dismiss an employee for political reasons only focus on the powers of the office, not on the activities of the if the employee is in a policymaking or confidential position. The person holding the office. This means that some positions in which court has also acknowledged that there may be circumstances individuals have informally functioned as policymakers, appearing under which political affiliation may be an appropriate consideration otherwise to meet the test for the exception may not, in fact, be though the position is neither policymaking nor confidential in policymakers because the inherent or statutory powers of the office nature. Nevertheless, most cases ultimately turn on whether the are not that of a policymaker under the test. The courts have also employee fits into either the policymaking or confidential category.

16 INDIANA NEWS 92 November/December 2016 Association of Indiana Counties Inc. considered as relevant whether the individual has a high salary, sensitive communications and information which are critical to the which indicates he or she is in a position of influence, whether the policymaking process. The official can also consider whether loyalty individual has responsibility for many employees and broad duties, is such an issue for a position that the individual might, if disloyal, or whether the individual acts as an advisor or formulates plans interfere with a given political program. for the implementation of broad goals. However, no one factor is conclusive as to whether an employee is a policymaker. A few Personal secretaries, speech writers, agency heads, and policy examples of positions found to be policymaking are as follows:

A city park administrator was a policymaker where he organized and coordinated recreation programs, prepared budgets, interviewed and recommended candidates for hire, and negotiated and signed contracts for the construction of a new civic center and all other contracts and leases executed by the parks and recreation commission.

A deputy county auditor was a policymaker as a function of the office since a deputy has the same power and authority under state law as the auditor.

An executive director of a county housing authority fit the description of an official whose political views can promote or defeat a political program and, as such, he was found to be a policymaker subject to political firing.

A chief administrative law judge of a state department of professional regulation was a policymaker where he oversaw activities of subordinates, developed hearing program goals, formulated procedures for hearing programs, and provided legal advice to professional discipline boards.

The department head of the city’s animal shelter and animal control operations was a policymaker where he had broad authority to implement, flesh out, and enforce animal control policies.

The courts consider a “confidential employee” as a person in a position who has special access to and close communications with an elected official or appointed policymaker. For a person to be considered in a confidential position he or she would likely need to be a party to politically www.IndianaCounties.org November/December 2016 INDIANA NEWS 92 17 Legal Insight

TOP 8 Practical Recommendations for the Newly Elected Official The newly elected official can take certain precautions and steps to reduce the likelihood of litigation: 1 Don’t make any public ministerial category may not by actual changes in duties. acknowledged areas of statements, or private be dismissed merely because Any reasons for discharge other disagreement between the ones to the extent possible, they are affiliated with the than political affiliation should be newly elected official and the about replacing, demoting, or other party. Dismissals of these clearly documented before the prior administration. This record transferring people upon being employees for competency discharge is initiated. will assist in substantiating the elected to office. You can talk or budgetary reasons should defense that a particular position If performance or competency about improving government be well documented before involved duties for which political is doubted, there should be efficiency and performance by being implemented. In order affiliation was an appropriate documentation to support that making personnel changes, but to have sufficient time to requirement to implement the conclusion. The record should you should indicate that these review personnel records public’s mandate. show how the transition team decisions will be based on non and investigate financial found the employee to be political job performance criteria. considerations, you should incompetent, as compared to Legal advice should consider postponing termination 7 the superior qualifications of the be sought before any decisions until after you take Don’t promise anyone person’s replacement. Before employment decisions are 2 office. Those holding jobs a job, promotion, employees are terminated for made by any individual who in the clearly policymaking/ salary increase, or other budgetary reasons, a financial is given the authority to make confidential category may be benefit. Such promises may plan should be available those decisions, especially dismissed simply because they be used as evidence that showing that decisions were when the position change belong to the other party, as the subsequent employment made irrespective of the could be viewed as politically newly elected official will want decisions were made on the political affiliations of the motivated. to have the policymaking team basis of impermissible political affected employees. Study and on board from the first day in considerations. discussion of all of these factors order to set the tone for the new 8 Once in office, the newly must occur before any talk of administration. elected official should 3 After the election, terminations begins. It might be encouraged to establish prepare a list of all be most sensible to develop and follow a system for positions and analyze which 5 The mixed function a reorganization plan which making all employment related ones fall within the exceptions category will be the might eliminate some positions decision making as objective to the anti patronage principles largest and, by far, the and redefine others. Employee as possible. This includes described above. You can then most problematic. The job qualifications should then be establishing and updating begin to make plans as to how descriptions should be studied reviewed in detail. A comparison personnel policies and job you want to fill those positions. to determine the duties for of the backgrounds of the to descriptions and implementing which political affiliation is be-dismissed employees and all procedures necessary for an appropriate requirement the replacement candidates Gather all job ensuring conformance with 4 for effective performance. should then occur. The record descriptions for those policies. Job descriptions There may be opportunities should then demonstrate that non-merit employees and should be detailed and reflect to revise job descriptions, the replacements had superior categorize them into three the policymaking or confidential and the development of these qualifications. groups: clearly ministerial, nature of a position and descriptions should stress formal specifically designate whether clearly policymaking/ job related criteria. In order to rely It would be useful to that position is considered confidential, and those involving on that job description in making 6 compile a record of policymaking or confidential. mixed functions. Individuals future employment decisions, campaign promises and holding jobs in the clearly any revisions must be justified

18 INDIANA NEWS 92 November/December 2016 Association of Indiana Counties Inc. making supervisors are generally deemed to be in positions in which loyalty is a reasonable requirement. As noted above, the Don’t forget to... question is answered by looking at the position’s general scope of responsibility, not the particular activities engaged in by the incumbent employee. The fact that an employee legally serves at the pleasure of an elected official or body is legally irrelevant; UPDATE the nature of duties is the determinative factor. Examples of confidential employees include: YOUR AIC CONTACT A mayor’s secretary was a confidential employee where she was in a position that would make her privy to INFORMATION. confidential information and maintained a role in various projects and initiatives of the mayor. The AIC will be mailing membership cards and updating the AIC’s Directory of County Officials A secretary to a sheriff was a confidential employee very soon. Please be sure to let us know your since the nature of the position placed her in a position preferred mailing address for official AIC notices controlling lines of communication. and updates. An executive coordinator to the village manager was a confidential employee because she reported directly to and Visit www.IndianaCounties.org to update your worked closely with a policymaker. contact information For both policymaking and confidential positions the courts will usually allow elected officials to rely on official job descriptions Email your contact information to Karen Avery at to determine whom they may replace on political grounds. [email protected] However, the job description represents only a provisional safe harbor. Elected officials may rely on job descriptions only Fax your contact information to to the extent that they are objective and reliable, as shown 317.684.3713 attn: Karen Avery by the methods by which they are created and updated. The courts will not allow an elected official to rely on the official job Scan this QR Code and get description if evidence suggests that it has been altered not to reflect actual changes in the duties of a position but, rather, to right to the update form on allow him or her to fill the position with a political favorite. Any smartphone or tablet such evidence is beyond damaging to successfully defending the process in place. indianacounties.org In summary, the decision-making process by the NEO is a nuanced one and requires study. A “rush to judgment” is not recommended as often any number of factors come into play and require balancing. The courts stand ever-ready to protect the First Amendment rights of public employees. It remains, however, that the First Amendment is a guarantee, not an obstacle, when appropriately considered in the context of continuing public employment.

Ice Miller LLP serves as counsel to the Association of Indiana Counties. For further information on this topic, please contact Mark W. Ford at [email protected] or (317) 236 2366 or Eileen P.H. Moore at [email protected] or (317) (888) 463- 1974 | cbbel-in .com 236-2260.

www.IndianaCounties.org November/December 2016 INDIANA NEWS 92 19 AIC Legislative Conference

2017 AIC Legislative Conference

Mark your calendars for the 2017 AIC Legislative Conference on Jan. 31 & Feb. 1, 2017 at the Hyatt Regency hotel in downtown Indianapolis. During this two-day conference you will learn more about the legislative process as well as have further in-depth discussions on current legislative issues affecting local government. Networking with other county officials, meeting with affiliate groups and associate members, visiting with state legislators (all 150 are our invited guests) are all important reasons not to miss this event.

Attend the AIC Legislative Conference and be a part of the solution on how local government should be funded and administered. Learn about the top issues currently affecting counties with a priority on the critical issue of road funding. You will also have the opportunity to meet with your affiliate group and discuss the key issues the legislature is discussing that could affect your office. With hundreds of county government officials converging on the Indiana Statehouse over these two days, we can make an impact! Tuesday, January 31 – Wednesday, February 1, 2017

Online registration is open for county officials and HYATT REGENCY INDIANAPOLIS vendors at www.indianacounties.org. One-day and Register online at www.indianacounties.org two-day registrations are available. A block of rooms for the nights of Monday, Jan. 30 and Tuesday, Jan. 31 has been reserved at the Hyatt Regency REGISTRATION FEES: Indianapolis for $119 per night. Reservations must be made by Jan. 9, 2017 to be guaranteed the Tuesday Only Wednesday Only Both Days room rate. Reservations can be made online at https://resweb.passkey.com/go/AC17 or through a County Officials $50 $75 $100 link on the AIC’s website. The hotel is conveniently Associate Members $75 $100 $150 located just diagonally opposite the Statehouse. Be sure to check your email and the AIC website for Non-Associate Members $100 $125 $175 details on the conference. Stay Connected. Follow the AIC on Twitter, Facebook and YouTube!

20 INDIANA NEWS 92 November/December 2016 Association of Indiana Counties Inc. Heavy responsibilities. Plenty of pitfalls.

REGISTRATION FEES:

Tuesday Only Wednesday Only Both Days

County Officials $50 $75 $100 Losing your immunity; contracting without proper Associate Members $75 $100 $150 precautions; dealing with employees; accepting grants, gifts or subsidies without knowing the consequences; Non-Associate Members $100 $125 $175 or thinking good intentions will outweigh bad results is fraught with risks you have to manage… or trouble will surely come calling. You don’t have to figure it out alone. AIC endorsed for over 25 years. Bliss McKnight’s insurance and risk management programs include knowledgeable people to help you 800-322-3391 avoid “getting into trouble”. [email protected]

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