Sec. 5. (a) Except as provided in subsections (b) through (e), the board of a county district consists of the following members: (1) Two (2) members appointed by the county executive from the membership of the county executive. (2) One (1) member appointed by the county fiscal body from the membership of the fiscal body. (3) One (1) member: (A) who is the executive of the municipality having the largest population in the county if that municipality is a city; or (B) appointed from the membership of the legislative body of a town if the town is the municipality having the largest population in the county. (4) One (1) member of the legislative body of the municipality with the largest population in the county appointed by the legislative body of that municipality. (5) One (1) of the following: (A) A member who is the executive of a city in the county that is not the municipality having the largest population in the county and who is appointed by the executive of the county to represent the municipalities in the county other than the municipality having the largest population. (B) A member who is a member of the legislative body of a town in the county that is not the municipality having the largest population in the county and who is appointed by the executive of the county to represent the municipalities in the county
other than the municipality having the largest population. (C) If the county contains only one (1) municipality, a member who is a freeholder whose freehold is located in the conservancy district that: (i) is located entirely within the county; and (ii) contains the greatest number of freeholds of any conservancy district located in the county; and who is appointed to the board of the county district by the board of the conservancy district. (6) One (1) additional member appointed by the county executive from the membership of the county executive. (b) If a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000) is designated as a county district, the executives of the three (3) cities in the county having the largest populations each serve as a member of the board or may appoint a member of the legislative body of their city to serve as a member of the board. If a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000) is designated as a county district, the executives of the two (2) cities in the county having the largest populations each serve as a member of the board. If a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000) is designated as a county district, the board of that county district must include the following: (1) One (1) member of the legislative body of the city having the second largest population in the county, appointed by the president of the city legislative body. (2) One (1) member of the legislative body of a town located in the county, appointed by the judge of the circuit court in the county. (c) If a county having a consolidated city is designated a county district, the board of public works established under IC 36-3-5-6 constitutes the board of the county district. (d) If a county designated as a county district has a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000), the board of the district consists of the following members: (1) One (1) member appointed by the county executive from the membership of the county executive. (2) Two (2) members appointed from the county fiscal body appointed from the membership of the county fiscal body. (3) The executive of each second or third class city or a member of the legislative body of their city appointed by the executive. (4) One (1) member of the legislative body of each town appointed by the legislative body. (5) One (1) member of the legislative body of the municipality with the largest population in the county appointed by the legislative body of that municipality. (6) If a local government unit in the county has an operating final disposal facility located within the unit's jurisdiction, one (1) member of the unit's board of public works appointed by the board of public works. (e) This subsection applies only to a county that does not contain a city. If the county executive and the county fiscal body of a county designated as a county district agree, the board of the district shall consist of the following nine (9) or ten (10) members: (1) The three (3) members of the county executive. (2) Two (2) members of the county fiscal body, chosen by the county fiscal body. (3) One (1) member of each of the town legislative bodies of the four (4) or five (5) towns in the county having the largest population, chosen by each town legislative body. [Pre-1996 Recodification Citation: 13-9.5-2-5.] As added by P.L.1-1996, SEC.11. Amended by P.L.110-1998, SEC.1; P.L.189-2005, SEC.3; P.L.119-2012, SEC.113; P.L.60-2017, SEC.3; P.L.104-2022, SEC.85.
IC 13-21-3-6 Board of joint district; membership Sec. 6. (a) Except as provided in subsections (b) through (d), the board of a joint district consists of the following: (1) One (1) member of the county executive of each participating county. (2) One (1) member of the county fiscal body of each participating county. (3) One (1) member: (A) who is the executive of the municipality having the largest population in the county if that municipality is a city; or (B) if a town is the municipality having the largest population in the county, who is appointed from the membership of the fiscal body of that town. (4) One (1) member of the legislative body of the municipality having the largest population in each participating county, appointed by the legislative body of that municipality. (5) One (1) or more members who are the executives of cities under subsection (b), if applicable. (6) Additional members appointed by the executive of each participating county from the membership of the executive, as permitted under subsection (c). (7) One (1) additional member appointed by the executive of the participating county having the largest population from the membership of the executive if the appointments made under subdivisions (1) through (6) result in an even number of members. (b) If a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000) has joined in a joint district, the executive of the three (3) cities in the county having the largest populations each serve as a member of the board. If a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000) has joined in a joint district, the executive of the two (2) cities in the county having the largest populations each serve as a member of the board. (c) An agreement between two (2) or more counties establishing a joint district may allow the executive of each county to appoint a certain number of additional members from the membership of the executive based upon the proportion of each county's population to the population of the entire district. (d) An agreement among three (3) or more counties establishing a joint district may provide that: (1) the membership; and (2) the terms of office of members; of the board will be determined by the terms of an agreement entered into by the executive of each county governing the operation of the district. All members of a board appointed under this subsection must be elected officials of a county or a municipality. (e) The board of a joint district established under subsection (d) or IC 13-9.5-2-6(d) (before its repeal) after March 1, 1991: (1) must include representation from the largest municipality in each county included in the joint district as recommended by the executive of the largest municipality and approved by the legislative body of the largest municipality; and (2) may include representation from other municipalities in each county included in the joint district as recommended by the executive of a municipality and approved by the legislative body of the municipality. (f) The board of a joint district may allow a member who is appointed from: (1) the county executive; (2) a county fiscal body; or (3) a municipal legislative body; to have the body on which the member serves designate an alternate member from that body to participate and exercise the right to vote with the board if the member is unable to attend a meeting.
[Pre-1996 Recodification Citation: 13-9.5-2-6.] As added by P.L.1-1996, SEC.11. Amended by P.L.119-2012, SEC.114; P.L.104-2022, SEC.86.