Title 36, LOCAL GOVERNMENT

Sec. 3. (a) This section applies to cities in the following counties: (1) Lake County. (2) St. Joseph County. (b) Jurisdiction over the following local matters, which before the 1981 regular session of the general assembly have been subjects of statutory concern, is transferred t…

Sec. 4. (a) This section applies to cities in counties other than the following counties: (1) A county having a consolidated city. (2) Lake County. (3) St. Joseph County. (b) Jurisdiction over the following local matters, which before the 1981 regular session of the general assem…

Sec. 5. (a) This section applies to Lake County. (b) Jurisdiction over the following local matters, which before the 1981 regular session of the general assembly have been subjects of statutory concern, is transferred to the legislative body of the county: (1) Frequency of salary…

Sec. 6. (a) This section applies to Allen County. (b) Jurisdiction over the following local matters, which before the 1982 regular session of the general assembly have been subjects of statutory concern, is transferred to the executive of the county: (1) Motor vehicles for the co…

Sec. 7. (a) This section applies to St. Joseph County. (b) The legislative body of the county has jurisdiction over the county data processing agency (formerly governed by IC 17-2-74). [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.17, SEC.4. Amended …

Sec. 8. (a) This section applies to Vanderburgh County. (b) Jurisdiction over the following local matters, which before the 1981 regular session of the general assembly have been subjects of statutory concern, is transferred to the executive of the county: (1) County purchasing a…

Sec. 9. (a) This section applies to the following counties: (1) Elkhart County. (2) Madison County. (3) Tippecanoe County. (4) Delaware County. (5) LaPorte County. (6) Vigo County. (b) Jurisdiction over the following local matters, which before the 1981 regular session of the gen…

Sec. 1. This chapter applies to the following counties: (1) A county having a population of more than four hundred fifty thousand (450,000) and less than seven hundred thousand (700,000). (2) A county having a population of more than one hundred eighty-five thousand (185,000) and…

Sec. 2. The powers of the county are divided between the executive and legislative branches of its government. A power belonging to one (1) branch of the county's government may not be exercised by the other branch. [Pre-Local Government Recodification Citations: 17-1-28-2 part; …

Sec. 3. The board of commissioners elected under IC 36-2-2 is the county executive. The county council elected under IC 36-2-3 is the county legislative body as well as the county fiscal body. [Pre-Local Government Recodification Citations: 17-1-28-3 part; 17-1-28-6 part; 17-1-28…

Sec. 4. (a) All powers and duties of the county that are executive or administrative in nature shall be exercised or performed by its executive, except to the extent that these powers and duties are expressly assigned to other elected officers. (b) The executive shall: (1) report…

Sec. 5. (a) All powers and duties of the county that are legislative in nature shall be exercised or performed by its legislative body. (b) The legislative body may: (1) establish the committees that are necessary to carry out its functions; (2) employ legal and administrative pe…

Sec. 6. (a) A court may issue an order, before final hearing, to stay an election if there is sufficient evidence to withstand a motion for summary judgment that the county has not been divided into districts that comply with IC 36-2-2-4 or IC 36-2-3-4. A preliminary hearing on t…

Sec. 7. (a) This section applies to Lake County. (b) The county executive shall have jurisdiction over both of the following, which were previously under the jurisdiction of the legislative body of the county: (1) The county purchasing agency. (2) The county data processing agenc…

Sec. 7.5. (a) This section applies to St. Joseph County. (b) The county executive shall have jurisdiction over the county purchasing agency, which was previously under the jurisdiction of the legislative body of the county. As added by P.L.24-2023, SEC.4.

Sec. 0.1. This chapter applies to the following: (1) A municipality or township that has a full-time paid police or fire department. (2) A fire protection district established under IC 36-8-11. (3) A fire protection territory established under IC 36-8-19. As added by P.L.207-2023…

Sec. 0.2. As used in this chapter, "commission" refers to the merit commission for a merit system established under this chapter. As added by P.L.207-2023, SEC.3.

Sec. 0.3. As used in this chapter, "department" refers to: (1) the police department of a unit; (2) the fire department of a unit; (3) a district; or (4) a territory. As added by P.L.207-2023, SEC.4.

Sec. 0.4. As used in this chapter, "district" refers to a fire protection district established under IC 36-8-11. As added by P.L.207-2023, SEC.5.

Sec. 0.5. As used in this chapter, "governing board" refers to the following: (1) In the case of a fire protection district, the board of fire trustees appointed under IC 36-8-11-12. (2) In the case of a fire protection territory, the body or board delegated the responsibilities …

Sec. 0.6. As used in this chapter, "territory" refers to a fire protection territory established under IC 36-8-19. As added by P.L.207-2023, SEC.7.

Sec. 1. (a) This section applies only to a municipality or township that has a full-time paid police or fire department. (b) A municipality may exercise the power of establishing a merit system for its police or fire department under this chapter or by ordinance adopted under IC …

Sec. 1.1. (a) This section applies only to a district or territory. (b) The governing board may, by resolution, establish a merit system under this chapter. Before the merit system takes effect, however, the merit system must be approved by a majority of the active members of the…

Sec. 10. (a) Within ninety (90) days after the commission is selected, the commission shall adopt rules governing: (1) the selection and appointment of persons to be employed as members of the department, subject to applicable pension statutes; (2) promotions and demotions of mem…

Sec. 11. (a) The commission may appoint and remove members of the department, except for a member in an upper level policymaking position. The executive of the unit or the governing board shall appoint and may remove a member in an upper level policymaking position. (b) The chief…

vacancies; physical agility test; probation Sec. 12. (a) Subject to IC 36-8-4.7, to be appointed to the department, an applicant must be: (1) a citizen of the United States; (2) a high school graduate or equivalent; and (3) at least twenty-one (21) years of age, but under forty (…

Sec. 13. (a) Rules governing promotions must provide that the following factors be considered in rating a member of the department for a promotion: (1) The score received by the member on a written competitive examination. (2) The score received by the member on an oral competiti…

Sec. 14. (a) Before a written competitive examination may be held to fill a current or expected vacancy in the ranks, the members eligible to take the examination must be notified of the written materials from which the questions will be taken. The commission may employ instructo…

Sec. 15. (a) The commission shall adopt rules for determining a performance rating. The rules must require that a performance rating be made at least once every six (6) months for each member of the department, including probationary members. The rating shall be made by one (1) o…

Sec. 16. (a) When a vacancy in rank occurs, the commission shall certify to the chief of the department the three (3) members with the highest scores on the eligibility list for that particular rank. Within six (6) months the commission, upon the recommendation of the chief, shal…

Sec. 17. (a) The commission may take the following disciplinary actions against a regular member of the department: (1) Suspension with or without pay. (2) Demotion. (3) Dismissal. If a member is suspended under this subsection, the member is entitled to the member's remuneration…

Sec. 18. (a) A member who is aggrieved by a decision of the commission to suspend the member for a period greater than ten (10) calendar days, demote the member, or dismiss the member may appeal to the circuit or superior court of the county as follows: (1) The county in which th…

Sec. 19. (a) In addition to the disciplinary powers of the commission, the chief of the department, may, without a hearing, reprimand or suspend without pay a member, including a police radio or signal alarm operator or a fire alarm operator, for a maximum of five (5) working day…

Sec. 19.3. (a) This section applies to a department that has at least one (1) certified employee, without regard to whether: (1) the employee is an appointed police officer or firefighter; or (2) the department has a merit system to which this chapter does not otherwise apply as …

Sec. 20. A member of the department shall retire from the department when the member reaches the member's seventieth birthday. However, a member of the department who is seventy (70) years of age or older at the time the ordinance or resolution establishing the merit system takes…

Sec. 21. (a) If it is necessary for the safety board or governing board to reduce the number of members of the department, the reduction shall be made by granting a temporary leave of absence, without pay or financial obligation to the unit, territory, or district, to the appropr…

Sec. 22. The department shall print all rules of the commission and furnish a copy to each member of the department. Amendments to the rules take effect thirty (30) days after their adoption if copies have been furnished to all members of the department within that period. Otherw…

Sec. 23. A commissioner who knowingly furnishes information to an applicant for original appointment or to a member eligible for promotion that gives that person an advantage over another person commits a Level 6 felony. [Local Government Recodification Citation: New.] As added b…

Sec. 3. (a) The legislative body of a unit (other than a township) may, by ordinance, establish a merit system under this chapter for the police or fire department of the unit. The legislative body of a township may, by resolution, establish a merit system under this chapter for …

Sec. 4. (a) Within sixty (60) days after the adoption of an ordinance or resolution establishing a merit system, the safety board or governing board shall give at least three (3) weeks' notice to all active members of the department that a meeting will be held to approve or rejec…

Sec. 5. (a) A majority of the active members of the department, by referendum under section 4 of this chapter, may request the: (1) unit's legislative body; or (2) governing board; to establish a merit system for the department. (b) The unit's legislative body or the governing bo…

Sec. 5.5. (a) This section applies to the following: (1) A unit that: (A) has an eligible police department or fire department; and (B) does not have a merit system established under: (i) this chapter; (ii) IC 36-1-4-14; or (iii) a prior statute and retained by ordinance as provi…

Sec. 6. (a) A merit commission consisting of five (5) commissioners shall be established for: (1) each department of a unit; (2) a district; or (3) a territory; having a merit system. (b) The commissioners of a unit are: (1) two (2) persons, who must be of different political par…

Sec. 7. (a) This subsection applies only to a unit. The term of a commissioner is four (4) years. However, one (1) of the executive's initial selections and one (1) of the department's initial selections are for terms of two (2) years. (b) This subsection applies only to a distri…

Sec. 8. (a) An election to be made by the active members of the department shall be made at a meeting called specifically for that purpose by the safety board or governing board. The safety board or governing board shall give at least three (3) weeks' notice of the meeting to all…

Sec. 9. (a) Not later than thirty (30) days after the commission is selected, the commission shall adopt rules to govern the commission, including the time and place of regular monthly meetings and special meetings that are necessary to transact the business of the commission. A …