Title 36, LOCAL GOVERNMENT

Sec. 2. The town legislative body shall appoint a town marshal and fix the town marshal's compensation. [Pre-Local Government Recodification Citation: 18-3-1-16 part.] As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.127-2017, SEC.151.

Sec. 3. The marshal serves at the pleasure of the town legislative body. However, before terminating or suspending a marshal who has been employed by the town for more than six (6) months after completing the minimum basic training requirements adopted by the law enforcement trai…

Sec. 4. The marshal is the chief police officer of the town and has the powers of other law enforcement officers in executing the orders of the legislative body and enforcing laws. The marshal or the marshal's deputy: (1) shall serve all process directed to the marshal or deputy …

Sec. 5. The town legislative body may require the marshal to serve as street commissioner, chief of the fire department, or both. [Pre-Local Government Recodification Citation: 18-3-1-20 part.] As added by Acts 1980, P.L.212, SEC.4.

Sec. 6. (a) The town legislative body shall by ordinance fix the number of deputy marshals. The town legislative body may by ordinance authorize the marshal to appoint deputy marshals. Deputy marshals have the powers and liabilities of the marshal in executing the orders of the l…

Sec. 7. (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 town shall provide the town marshal and active deputy marshals of the town with body armor for the torso. The town shall replace the body armor for the …

Sec. 1. This chapter applies to all townships. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.212, SEC.5.

Sec. 2. An officer of a township may appoint and remove all deputies and other employees in the officer's office, shall appoint deputies and other employees necessary for the proper discharge of the officer's duties, and is responsible for the official acts of the officer's deput…

Sec. 3. The legislative body shall make annual appropriations for assistants in township offices. Payments shall be made to assistants on vouchers verified by the claimant and approved by the officer in whose office the assistant is employed. [Pre-Local Government Recodification …

Sec. 1. This chapter applies to any area consisting of two (2) or more counties (referred to as a "region" in this chapter). [Pre-Local Government Recodification Citation: 18-7-1.1-3(f).] As added by Acts 1981, P.L.309, SEC.26.

Sec. 10. (a) A commission may organize into not more than two (2) subregions and provide for the organization of two (2) subregional planning committees, and for meetings and rules of procedure of those committees. These rules of procedure shall be adopted as a part of the rules …

Sec. 11. (a) The commission shall appoint an executive director who shall serve at the pleasure of the commission as reviewed and recommended by the executive board. The executive director must be qualified by training and experience in the management of public agencies and knowl…

Sec. 12. (a) The commission shall prepare and adopt an annual appropriation budget for its operation, which shall be apportioned to each participating county on a pro rata per capita basis. After adoption, any amount that does not exceed an amount for each participating county eq…

Sec. 13. (a) An economic development district is a group of adjacent counties that: (1) contains at least two (2) redevelopment counties; (2) includes an economic development growth center; and (3) has been officially designated as an economic development district by the federal …

Sec. 2. (a) The legislative bodies of all the counties in a region may, by concurrent resolutions, request the establishment of a regional planning commission (referred to as a "commission" in this chapter). Official copies of the resolutions must be forwarded to the governor, wh…

Sec. 3. (a) A county may request a change in its participation from one (1) commission to another, or request to join a commission if it is not participating, under subsection (b). (b) The legislative body of the county must, by resolution, request the inclusion of the county in …

Sec. 4. (a) The following members of the commission shall be appointed from each county in the region: (1) A representative of the county executive who may be either a member of the executive or a person appointed by it. (2) A representative of the county fiscal body who must be …

quorum Sec. 5. (a) At its first regular meeting in each year the commission shall elect from its members a chair, vice chair, secretary, and a treasurer, not more than two (2) of whom may be from the same county. If the region is divided into subregions under section 10 of this c…

Sec. 6. (a) The commission shall elect from among its members an executive board consisting of: (1) the four (4) officers of the commission; (2) one (1) member of the commission from each county in the region; (3) one (1) additional member of the commission from each county in th…

Sec. 7. (a) The commission shall institute and maintain a comprehensive policy planning and programming and coordinative management process for the region. It shall coordinate its activities with all units in the region and shall coordinate the planning programs of all units and …

Sec. 8. Counties in the region may enter into agreements with other states, but these agreements do not affect other counties, subregions, or the region. One subregion may also contract with other subregions for services or programs. [Pre-Local Government Recodification Citation:…

Sec. 9. Whenever the commission receives a petition signed by a majority of the commission members representing a county affected by a particular program, objecting to the establishment of the program within that county, the commission may not implement the program in that county…

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The addition of section 26 of this chapter by P.L.223-1986 applies only to fund members who die after March 10, 1986. (2) The addition of section 12.1 of this chapter by P.L.171-1990 applies to all benefits …

Sec. 1. (a) This chapter applies to pension benefits for members of fire departments hired before May 1, 1977, in units for which a 1937 fund was established before May 1, 1977. (b) A firefighter with twenty (20) years of service is covered by this chapter and not by IC 36-8-8 if…

Sec. 10. (a) The local board shall determine how much of the 1937 fund may be safely invested and how much should be retained for the needs of the fund. Investments are restricted to the following: (1) Interest bearing direct obligations of the United States or of the state or bo…

Sec. 11. (a) Benefits paid under this section are subject to section 2.5 of this chapter. (b) If a member of the fire department becomes seventy (70) years of age or is found upon examination by a medical officer to have a physical or mental disability and to be unable to perform…

Sec. 12.1. (a) Benefits paid under this section are subject to section 2.5 of this chapter. (b) A member who has been in service twenty (20) years, upon making a written application to the fire chief, may be retired from all service with the department without a medical examinati…

Sec. 12.2. (a) This section applies to an active or retired member who dies other than in the line of duty (as defined in section 12.4 of this chapter). (b) If a member of the fire department or a retired member of the 1937 fund dies and leaves: (1) a surviving spouse; (2) a chil…

Sec. 12.3. (a) This section applies to a member who died in the line of duty (as defined in section 12.4 of this chapter) before September 1, 1982. (b) If a member of the fire department or a retired member of the 1937 fund dies and leaves: (1) a surviving spouse; (2) a child or …

Sec. 12.4. (a) This section applies to an active member who dies in the line of duty after August 31, 1982. (b) If a member dies in the line of duty after August 31, 1982, the surviving spouse is entitled to a monthly benefit, during the spouse's lifetime, equal to the benefit to…

Sec. 12.5. (a) If a local board determines that a fund member has a temporary or a permanent disability, the local board shall also make a recommendation to the board of trustees of the Indiana public retirement system (referred to in this section as "the system board") concernin…

Sec. 12.7. (a) Not less than thirty (30) days after a member retires from a fire department covered by this chapter, the member may: (1) be rehired by the same unit that employed the member as a firefighter for a position other than that of a full-time, fully paid firefighter; an…

Sec. 13. (a) Benefits paid under this section are subject to section 2.5 of this chapter. (b) Upon the death of a disabled, retired, or discharged member of the fire department who was receiving or entitled to receive a pension at the time of the member's death, or upon the death…

Sec. 14. (a) The local board shall meet annually and prepare an itemized estimate, in the form prescribed by the state board of accounts, of the amount of money that will be receipted into and disbursed from the 1937 fund during the next fiscal year. The estimated receipts consis…

Sec. 15. If the appropriations for any of the purposes contemplated in section 14 of this chapter are exhausted before the end of the fiscal year for which the appropriations have been made, the unit's fiscal body shall make the necessary additional appropriations according to IC…

Sec. 16. (a) After a member of the fire department has been retired upon pension because of disability, the local board may require the retired member to again be examined by competent physicians or surgeons. After the examination, the local board shall conduct a hearing under IC…

Sec. 17. (a) The local board may require and provide for a physical examination of applicants for employment in the fire department. (b) A person who: (1) is at least thirty-six (36) years of age; or (2) fails to pass the physical examination required by the local board; may not …

Sec. 18. (a) Notwithstanding section 17 of this chapter, each member of the fire department who was in active service on March 2, 1937, but who was not a member of the firemen's pension fund, is conclusively considered to be a member of the 1937 fund and shall pay, in addition to…

Sec. 2. As used in this chapter, "fire company" means each organization or group doing duty as part of the fire department, including engine companies, hose companies, those in the telephone or telegraph service, inspectors, mechanics, watchmen, and others in charge of apparatus …

Sec. 2.5. (a) As used in this chapter, "Internal Revenue Code": (1) means the Internal Revenue Code of 1954, as in effect on September 1, 1974, if permitted with respect to governmental plans; or (2) to the extent not inconsistent with subdivision (1), has the meaning set forth i…

Sec. 2.7. As used in this chapter, "Americans with Disabilities Act" refers to the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and any amendments and regulations related to the Act. As added by P.L.4-1992, SEC.36.

Sec. 2.9. The 1937 fund shall be administered in a manner that is consistent with the Americans with Disabilities Act, to the extent required by the Act. As added by P.L.4-1992, SEC.37.

Sec. 20. All money that is collected and received by the local board or an officer of it by virtue of subdivisions (1) through (4) of section 8 of this chapter shall be paid to the unit's fiscal officer, who shall credit this money to the 1937 fund. The 1937 fund is a public fund…

Sec. 21. Payments to beneficiaries and dependents from the 1937 fund shall be made upon a warrant of the unit's fiscal officer upon a verified schedule of beneficiaries and dependents and the amount payable to each. The schedule shall be prepared and verified by the secretary, si…

Sec. 22. (a) The 1937 fund may not be, either before or after an order for distribution to members of the fire department or to the surviving spouses or guardians of a child or children of a deceased, disabled, or retired member, held, seized, taken, subjected to, detained, or le…

Sec. 23. The unit's fiscal officer is the custodian of all money belonging to the 1937 fund, and all money belonging to the fund shall be promptly paid to the officer. The officer is liable on the officer's bond for the faithful performance of all duties imposed upon the officer …