Title 36, LOCAL GOVERNMENT

Sec. 5. (a) This section applies to second class cities. (b) The fiscal officer is the head of the city department of finance. The fiscal officer shall do the following: (1) Prescribe the form of reports and accounts to be submitted to the department. (2) Sign and issue all warra…

Sec. 5.5. (a) A clerk or clerk-treasurer may hire or contract with competent attorneys or legal research assistants on terms the clerk or clerk-treasurer considers appropriate. (b) Employment of an attorney under this section does not affect a city department of law established u…

Sec. 7. (a) This section applies to third class cities. (b) The clerk shall appoint the number of deputies and employees needed for the effective operation of the office, with the approval of the city legislative body. The clerk's deputies and employees serve at the clerk's pleas…

Sec. 8. (a) As used in this section, "training courses" refers to training courses, workshops, training institutes authorized by IC 5-11-14, formal academies, special seminars, and other in-service training related to an office described in section 2 of this chapter that are deve…

Sec. 9. If the clerk or clerk-treasurer is unable to perform the fiscal requirements of the clerk's or clerk-treasurer's position, the city shall hire or contract with a qualified certified public accountant to: (1) provide guidance to the clerk or clerk-treasurer regarding the p…

Sec. 1. As used in this chapter, "unrestricted funds" has the meaning set forth in IC 36-6-9-4.5. As added by P.L.173-2025, SEC.39.

Sec. 2. A township shall establish a fund for the improvement and maintenance of the roads and infrastructure within the township's boundaries. As added by P.L.173-2025, SEC.39.

Sec. 3. Before a township enters into a written memorandum of understanding under section 4 of this chapter, the township board must adopt a resolution in favor of providing money for the improvement and maintenance of roads and infrastructure. As added by P.L.173-2025, SEC.39.

Sec. 4. A township must enter into a written memorandum of understanding with a city, town, or county, as applicable, for, subject to section 5 of this chapter, the transfer of funds from a fund established under section 2 of this chapter to the city, town, or county for the purp…

Sec. 5. A transfer of funds from a fund established under section 2 of this chapter for a purpose allowed under this chapter must be accomplished in the same manner that a township makes transfers from the rainy day fund as set forth in IC 36-1-8-5.1, except that the amount of th…

Sec. 1. This chapter applies to the units indicated in each section. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.309, SEC.29. Amended by Acts 1981, P.L.310, SEC.68.

Sec. 2. (a) This section applies to the following units: (1) Municipalities. (2) Counties. (b) A unit may adopt ordinances that define as restricted fire limits those areas in which congestion of buildings would be conducive to the spread of fire and that prevent the spread of fi…

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The addition of section 11.5 of this chapter by P.L.228-1991 applies only to county police officers and jail employees who suffer an injury or contract an illness after June 30, 1991. (2) The amendments made…

Sec. 0.3. A county fiscal body action taken before July 1, 1994, to directly appropriate money from the appropriate source to a sheriff's pension trust plan is legalized and validated to the same extent as if P.L.152-1994 had been enacted. As added by P.L.220-2011, SEC.673.

Sec. 1. This chapter applies to all counties. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.309, SEC.61.

Sec. 10. (a) Except for the position of chief deputy, the position of prison matron, and in a county with a population of more than fifty thousand (50,000), temporary administrative ranks or positions established and appointed by the sheriff, the sheriff, with the approval of the…

Sec. 10.4. (a) Subject to subsection (c), the board shall give a preference for employment according to the following priority: (1) A war veteran who has been discharged from the armed forces of the United States under conditions other than conditions set forth in IC 10-17-12-8.1…

appointment; qualifications; duties Sec. 10.6. (a) The sheriff may appoint as a special deputy any person who is employed by a governmental entity as defined in IC 35-31.5-2-144 or private employer, the nature of which employment necessitates that the person have the powers of a …

Sec. 11. (a) The sheriff may dismiss, demote, or temporarily suspend a county police officer for cause after preferring charges in writing and after a fair public hearing before the board, which is reviewable in the circuit court, superior court, or probate court. Written notice …

Sec. 11.1. (a) As used in this section, "appointing authority" means the sheriff and the board. (b) If it is necessary for the appointing authority to reduce the number of members of the department by layoff for financial reasons, the last member appointed to the department must …

Sec. 11.5. (a) As used in this section, "care" includes: (1) medical and surgical care; (2) medicines and laboratory, curative, and palliative agents and means; (3) X-ray, diagnostic, and therapeutic service, including service during the recovery period; and (4) hospital and spec…

Sec. 12. (a) The department and a trustee may establish and operate an actuarially sound pension trust as a retirement plan for the exclusive benefit of the employee beneficiaries. However, a department and a trustee may not establish or modify a retirement plan after June 30, 19…

Sec. 12.1. (a) This section applies to an employee beneficiary who: (1) retires after June 30, 1997; and (2) served in a county that has adopted an ordinance stating that the maximum monthly pension for an employee beneficiary who retires after June 30, 1997, shall be determined …

Sec. 12.2. (a) This section applies to a county that adopts a deferred retirement option plan as part of its retirement plan under this chapter. (b) As used in this section, "DROP" refers to a deferred retirement option plan established under this section. (c) As used in this sec…

Sec. 12.5. (a) This section applies after June 30, 2009, to active employee beneficiaries in a retirement plan established under this chapter. (b) As used in this section, "public retirement fund" refers to any of the following, either singly or collectively: (1) The public emplo…

Sec. 12.6. (a) This section applies to eligible employees of the departments of: (1) Warren County, retirement plan effective January 1, 2008; (2) Pike County, retirement plan effective January 1, 2010; and (3) Perry County, retirement plan effective January 1, 2018; who were emp…

Sec. 13. Except as provided in section 19 of this chapter, a sheriff may participate in the pension trust in the same manner as a county police officer. In addition, a sheriff who is not participating in the pension trust after the creation of the pension trust in the sheriff's c…

Sec. 14. (a) The department may establish and operate a death benefit program for the payment of death benefits to deceased employee beneficiaries. The department may provide these benefits by the creation of a reserve account, by obtaining group life insurance, or both. However,…

Sec. 15. (a) The department may establish and operate a disability benefit program for the payment of disability expense reimbursement and pensions to employee beneficiaries with a disability. The department may provide these benefits by the creation of a reserve account, by obta…

Sec. 16. (a) The department may establish and operate a dependent's pension benefit for the payment of pensions to dependent parents, surviving spouses, and dependent children under eighteen (18) years of age of former employee beneficiaries. The department may provide these bene…

Sec. 16.3. (a) This section applies to a surviving spouse of an employee beneficiary who: (1) died before July 1, 2005; and (2) was a member of a retirement plan established under section 12 of this chapter. (b) A monthly pension paid under section 16(c) of this chapter, before i…

Sec. 16.5. (a) As used in this section, "dies in the line of duty" has the meaning set forth in IC 5-10-10-2. (b) This section applies to the survivors of an eligible employee who dies in the line of duty. (c) After December 31, 2003, the department that employed the eligible emp…

Sec. 17. (a) The death benefit, the disability benefit, and the dependents' pension may be operated as one (1) fund, known as the police benefit fund, under the terms of a supplementary trust agreement between the department and the trustee for the exclusive benefit of employee b…

Sec. 19. (a) Except as provided in subsection (c), a person entitled to an interest in or share of a pension or benefit from the trust funds may not, before the actual payment, anticipate it or sell, assign, pledge, mortgage, or otherwise dispose of or encumber it. In addition, t…

Sec. 2. As used in this chapter: "Board" refers to the sheriff's merit board established under this chapter. "Department" refers to the sheriff's department of a county. "Eligible employee" means the sheriff of a county or a county police officer. "Employee beneficiary" means an …

Sec. 20.1. (a) A county sheriffs' standard vehicle marking and uniform commission is established. The commission consists of three (3) members, not more than two (2) of whom may be of the same political party. Members of the commission shall be appointed by the governor for four …

Sec. 21. (a) This section applies to any county that has a jail commissary that sells merchandise to inmates. (b) A jail commissary fund is established, referred to in this section as "the fund". The fund is separate from the general fund, and money in the fund does not revert to…

Sec. 22. (a) This section applies to any county that operates a county jail. (b) The sheriff shall hold in trust separately for each inmate any money received from that inmate or from another person on behalf of that inmate. (c) If the inmate or the inmate's legal guardian reques…

Sec. 23. (a) This section applies to a county that adopts the provisions of this section by an ordinance of the county fiscal body. (b) The county fiscal body may provide for: (1) an annual cost of living payment to employee beneficiaries who are retired or have a disability, or …

Sec. 3. (a) The fiscal body of each county shall, by ordinance, establish a sheriff's merit board to be known as the _________________________ county sheriff's merit board (inserting the name of the county). (b) The board consists of five (5) members. Three (3) members shall be a…

Sec. 4. (a) A county police force is established in each county. The members are employees of the county, and the sheriff of the county shall assign their duties according to law. (b) The expenses of the county police force are a part of the sheriff's department budget. The board…

Sec. 4.5. (a) As used in this section, "body armor" has the meaning set forth in IC 35-47-5-13(a). (b) After December 31, 2010, a county shall provide an active member of the department with body armor for the torso. The county shall replace the body armor for the torso according…

Sec. 5. (a) Each sheriff shall appoint a prison matron for the county. The sheriff shall set the qualifications for that position. Except as provided in subsection (b), the sheriff has complete hiring authority over the position of prison matron. (b) A prison matron who was a cou…

Sec. 5.5. (a) Except as provided in subsection (b), the sheriff has complete hiring authority over the position of chief deputy. (b) A chief deputy who was a county police officer appointed under section 10(b) of this chapter immediately before being hired as chief deputy is enti…

Sec. 6. (a) A sheriff may appoint additional deputy sheriffs or assistants if an emergency arises that requires them for: (1) promoting public safety and conserving the peace; (2) repressing, preventing, and detecting crime; and (3) apprehending criminals. (b) The county executiv…

Sec. 7. (a) The state examiner of the state board of accounts shall fix the exact amount per meal that the sheriff of each county receives for feeding the prisoners in the sheriff's custody. Subject to the maximum meal allowance provided in this section, the state examiner shall …