Parowan

Chapter 1 - - ESTABLISHMENT OF THEATER BOARD

Section 31-1-1. Board Terms Section 31-1-2. Required Meetings Section 31-1-3. Board Officers Section 31-1-4. Removal and Vacancies

The City of Parowan (City) does by this ordinance establish, from the citizens residing within Parowan City, a Theater Board (Board) with powers and duties hereunder specified.

31-1-1. Board Terms. A Board of seven (7) persons, with one (1) alternate, is hereby established. One (1) elected official shall be appointed to the Board at all times. Said elected official shall be exempt from term limits herein set and shall be appointed by assignment of the Mayor and consent of the City Council. A term shall consist of two years with additional terms approved by the City Council upon reapplication of Board member. The terms shall be staggered as directed by the City Council. Terms of office expire on June 30 of each year. The Theater Manager shall not considered a member of the Theater Board.

30-1-2. Required Meetings. Board members shall meet as often as the Board or City Council deems necessary and shall, annually, determine a regular meeting time and place by majority vote with a quorum present. Other meetings may be scheduled, as the need arises, by the Board Chair, the Mayor, or the elected official serving on the Board.

30-1-3. Board Officers. The Board shall annually elect a Chairperson and Secretary for the fiscal year. The duties of the Chairperson are to assure that all meetings are appropriately scheduled, conduct all meetings, to make proper and needful assignments to the Board members and the Theater Manager, and to perform all other functions necessary to assure that the Board serves the best interest of Parowan City. In the absence of the Chairperson, a Chair pro-tempore shall be elected by the Board members present to take charge of a particular meeting.

The Secretary shall i) take, clarify, and transcribe minutes; ii) assure that agendas are appropriately posted; and iii) assure that minutes and agendas are appropriately deposited with the City Recorder.

31-1-4. Removal and Vacancies. Any Board member may be removed at the discretion of the City Council. Repeated failure to carry out assignments, absence at three (3) consecutive meetings, or absence at five (5) meetings in any twelve (12) month period may be sufficient grounds for removal. The Board, by majority vote, may recommend removal of any Board member to the Mayor and City Council for discussion and/or action.

In the event of a premature vacancy in the Board, the alternate shall take the place of the vacating member. A new alternate Board member shall be appointed by the provisions of this Ordinance for the unexpired term of the alternate vacating the Board.

Chapter 2 - - DUTIES OF THEATER BOARD

31-2-1. Duties of Theater Board

31-2-1. Duties of Theater Board. The Board shall:

1) Meet as outlined in Section 31-1-2 above.

2) Actively promote and market the Theater for the enhancement of the arts in Parowan.

3) Recommend and, where directed by the City Council, assist in applying for and receiving grants, bequests, gifts, donations, or funds for the benefit of the Theater.

4) Give general guidance and direction to, and receive regular reports from, the Theater Manager.

5) With advise and consent of the City Council, establish the operating procedures of the Theater and its acceptable uses and fees.

6) Forecast, annually, the events to be produced in or through the auspice of the Theater.

7) Report not less than annually to the City Council, in a regularly scheduled meeting, those items deemed important to the Board such as funding issues, use statistics, use policies, capital needs, physical facility concerns, trends, and/or other items of importance.

8) Carry out the intent of the City regarding the Theater as discussed by the City Council and as expressed to the Board by an authorized representative of the City.

9) Assure that the Theater is not used for shows, exhibits, or other uses that are primarily prurient in nature.

10) Assure adherence to and/or initiate the provisions of this ordinance.

Chapter 3 - - THEATER MANAGER

Section 31-3-1. Theater Manager Section 31-3-2. Powers and Duties Section 31-3-3. Vacancy Section 31-3-4. Non-Manager

31-3-1. Theater Manager. A Theater Manager (Manager) may be hired according to the appropriate City job description and personnel policy, to care for the basic maintenance and day- to-day care of the Theater. The Manager shall adhere to the procedures set forth by the Board and the policies of the Board and the City. Said Manager shall carry out the wishes of the Board and report to the Board, on a monthly basis, regarding the level of completion of items identified for action, new items of concern, scheduled events, financial condition, and issues generally related to the Theater.

Said Manager shall be paid from the funds of the City. Benefits shall be addressed by City personnel policy for the appropriate job description.

31-3-2. Powers and Duties. The Manager shall not be a voting member of the Board and may not act as an elected officer of the Board. The Manage may, however, with the approval of the Board, act as the executive officer of the Board, carry out policies and act as spokesperson for matters involving the Theater so long as the Manager continues to express the defined wishes and intents of the Board regarding the Theater. The Manager will assist the Board in marketing and advertising the Theater, generally care for the calendaring and maintenance of the Theater and, in general, coordinate all activities, public and private, related to the Theater.

The Manager shall be present during all times when the Theater is in use unless the Theater is being used for extended rehearsals. During these times the Manager must take adequate measures to assure that the Theater is opened and locked as necessary and that the physical elements of the Theater are adequate for the needs of the users.

The Manager shall attend all meetings of the Board excepting, unless invited, legal and lawful executive sessions.

31-3-3. Vacancy. In the event that the Manager resigns, is terminated or cannot fulfill the duties of the Manager, a search committee will be established by the City. Said committee will consist of not less than two (2) members of the Board and shall be conducted in accordance with current City personnel procedures.

31-3-4. Non-Manager. In the event that the Theater is temporarily or permanently without a Theater Manager, the Chairperson shall assure that the Board members are assigned to perform the tasks as outlined in Chapter 3.

Chapter 4 - - FUNDING AND COMPENSATION

Section 31-4-1. Funds and Funding (Accounts Receivable, Accounts Payable, Petty Cash ) Section 31-4-2. Compensation

31-4-1. Funds and Funding (Accounts Receivable, Accounts Payable, Petty Cash). Annual budgetary funding for the Theater shall be in compliance with generally accepted accounting principles for municipal governments and in accordance with City budgetary practice and auditory regulations. The Board Officers and Manager will be active participants in the budgetary process, both capital and operational.

Petty cash or any like system will not be allowed. Neither the Manager nor Board members shall be allowed to expend cash from any source. All monies collected from the use of the Theater shall be deposited with the appropriate officer of the City within twenty-four (24) hours of receipt. These monies will include monies for the use of the Theater, box office receipts, vending receipts, donations, and all other monies. All expenditures will be in accordance with proper City policy with approved vendors and on a credit basis. All payments will be in accordance with proper accounts payable procedures of the City.

31-4-2. Compensation. With the exception of the Manager, no Board member nor participant shall be compensated for his or her time, efforts, travel, profession, work or labor in or for the Theater unless recommended by the Board and pre-authorized by the City Council.

Chapter 5 - - FINAL AUTHORITY

Section 31-5-1. Final Authority

31-5-1. Final Authority. Parowan City is the recognized owner and operator of the Parowan Community Theater and shall be the final authority on any action related to the Theater.

This Title 31 - Parowan Community Theater Board was adopted by the Parowan City Council on May 13, 2004 (Refer to Ordinance No. 2004-05-01)