Chapter I · Administration

Article 10. Band Commission

Sections 1-1001 to 1-1008 · 8 sections

1-1001 Commission; Created.

There is hereby created and established a Band Commission of the City established for the purposes of overseeing the development and operation of a City band.

(Ord. 1911, Sec. 3; Code 2002, 81501; Ord. 2361; Code 2014)

1-1002 Membership.

The Band Commission shall be composed of eight (8) members appointed by the Mayor and confirmed by the Governing Body. Terms shall be for three (3) years and shall follow the schedule of staggered terms which currently exists for the Band Commission. All members shall continue to serve until their successor shall have been appointed and confirmed. A nonvoting student representative position may be created to serve as a member of the Band Commission, such position to be appointed by a majority vote of the Band Commission.

(Ord. 1596, Sec. 3, Ord. 2305; Code 2002, 81502; Ord. 2361; Code 2014)

1-1003 Officers and Staff.

The Band Commission shall annually select a chairperson, vicechairperson, and secretary and such officers as may be deemed necessary for the conduct of its business.

(Ord. 1911, Sec. 3; Code 2002, 81503; Ord. 2361; Code 2014)

1-1004 Director’s Position.

The Band Commission is responsible for selecting and recommending to the City Manager a qualified and competent band director who shall serve as an independent contractor of the City. The director is not a member of the Band Commission. The Band Commission is responsible for creating and maintaining a contract for the director’s position which must be approved by the City Manager. In general, the director shall help form and direct the summer concert series, establish and manage rehearsal needs and schedules, and provide to the Band Commission his or her professional opinion on matters relating to operation and financing of the band.

(a)Compensation. The director shall be compensated at a rate and schedule determined to be mutually acceptable to the director, Band Commission and City Manager. Payment of the director shall be carried out through the City’s accounts payable.

(b)Insurance. The director, while acting in his or her capacity as an independent contractor of the City, shall provide their own liability insurance naming the City as additionally insured.

(c)Evaluation. The Band Commission shall annually review the director’s activities. Such evaluation shall be in writing and presented to the City Manager.

(d)Discipline and/or Termination. The Band Commission may recommend to the City Manager termination of the director. The City Manager can effect termination of the director in accordance with procedures outlined in the contract.

(Ord. 1911, Sec. 3; Code 2002, 81504; Ord. 2361; Code 2014; Ord. 2500)

1-1005 Duties.

The Band Commission shall have the following responsibilities:

(a)Concerts. The Band Commission is responsible for ensuring that a minimum of eight (8) concerts are provided during the months of June and July. Such concerts shall be free and open to the general public, shall be held once a week beginning on the second Thursday in June of each year, and on each subsequent week for eight (8) weeks. The concerts are to be conducted at the bandstand in Kelley Murphy Park and shall commence about 8:30 p.m. If, because of rain or other cause beyond the control of the band, the concert cannot be held at Kelley Murphy Park it shall be relocated to Clark Middle School or other suitable location. An additional (9th) concert shall be conducted in conjunction with Tiblow Days celebrations. Other venues, times or additional concerts may occasionally be agreed to by the Band Commission and director, with concurrence from the City Manager.

(b)Budget. The Band Commission is responsible for preparation of an annual budget for the City band program and shall make recommendation of such to the City Manager for inclusion in the City’s annual budget. The band budget shall be approved by a majority of all Band Commission members prior to the Band Commission chairperson presenting a recommendation to the City Manager during the City’s normal budget session. The budget shall include a detailed plan of expenditures and priorities recommended to meet the capital improvement and operational needs of the City band. The City Manager and City Council, through the budget review process may accept, modify, or reject all or part of the band budget recommendation.

(c)Outside Sources. The Band Commission may make application for outside financial support, including inkind matching grants, upon involvement, approval, and under signature of the City Manager. Matching grants or certain fundraising activities may require approval by the City Council.

(d)Operations. The Band Commission and director must jointly review and make recommendations to the City Manager on substantive operational changes.

(e)Reports. The Band Commission must make an annual report on the operation of the City band program to the Governing Body in the month of January of each year. Such report must be submitted in writing to the City Manager in a manner timely enough for inclusion in the City Council agenda.

(Ord. 1911, Sec. 3; Code 2002, 81505; Ord. 2361; Code 2014)

1-1006 Funds and Equipment.

All funds, equipment and assets of the City band program shall be ultimately administered by the City Manager. The Band Commission has authority to make expenditures necessary to provide for a quality City band, provided such expenditures are within the limits of its annually adopted budget. The Band Commission, band director and band members are responsible for the careful treatment, use and storage of all City band equipment.

(Ord. 1911, Sec. 3; Code 2002, 81506; Ord. 2361; Code 2014)

1-1007 Use of City Employees.

The City Manager may assign certain City employees to assist in the maintenance and operation of the City band program, including responsibilities for setting up and removing equipment, cleaning or maintaining grounds, providing security, etc. Employees assigned to assist in this capacity may be guided by the director or Band Commission chairperson in their duties.

(Ord. 1911, Sec. 3; Code 2002, 81507; Ord. 2361; Code 2014)

1-1008 Meetings.

The Band Commission will meet at least quarterly. The chairperson or the vicechairperson may call special meetings at any other time by giving written notice to the members a week in advance of the meeting. A simple majority of the positions on the Band Commission constitutes a quorum. Action by the Band Commission requires a vote of a majority of those attending the meeting at which the vote is taken.

(Ord. 1911, Sec. 3; Code 2002, 81508; Ord. 2361; Code 2014)