Title 36, LOCAL GOVERNMENT

Sec. 3. The legislative body of a unit shall codify, revise, rearrange, or compile the ordinances of the unit into a complete, simplified code excluding formal parts of the ordinances. [Pre-Local Government Recodification Citations: 18-5-12-1 part; 18-5-12-4.] As added by Acts 19…

Sec. 4. The legislative body of a unit may incorporate by reference into an ordinance or code any material. The ordinance or code must state that two (2) copies of the material are on file in the office of the clerk for the legislative body for public inspection, and the copies m…

Sec. 5. A printed code that has taken effect constitutes presumptive evidence in any legal proceeding: (1) of the provisions of the code; (2) of the date of adoption of the code; (3) that the code has been properly signed, attested, recorded, and approved; and (4) that any public…

Sec. 6. If the legislative body determines, and declares in a provision of a code, that the provision is a restatement or reenactment of an original ordinance or amendment thereof, then the legal conditions for the effectiveness of an original ordinance need not be met. Such a re…

Sec. 1. This chapter applies to all counties not having a consolidated city. [Pre-Local Government Recodification Citation: Acts 1971, P.L.258, SECTION 16.] As added by Acts 1980, P.L.212, SEC.1.

Sec. 10. Before the county fiscal body's annual meeting under IC 36-2-3-7(b)(2), the county auditor shall prepare: (1) an ordinance fixing the rate of taxation for taxes to be collected in the next calendar year; and (2) an ordinance making appropriations by items for the next ca…

recommendations Sec. 11. (a) At the county fiscal body's annual meeting under IC 36-2-3-7(b)(2), the county auditor shall present the budget estimates filed with the county auditor under section 9 of this chapter and the ordinances prepared by the county auditor under section 10 …

Sec. 12. (a) If, after the adjournment of its annual meeting under IC 36-2-3-7(b)(2), the county fiscal body finds that an emergency requiring additional appropriations exists, it may make additional appropriations at a special meeting. Estimates of the necessary amount of additi…

Sec. 13. (a) As used in this section, "compensation" means the total of all money paid to, or on behalf of, an elected county officer for performing duties as an elected county officer, regardless of the source of funds from which the money is paid. The term includes all employee…

Sec. 14. (a) This chapter does not affect the salaries of judges, officers of courts, prosecuting attorneys, deputy prosecuting attorneys, and county sheriffs whose minimum salaries are fixed by statute, but the county fiscal body may make appropriations to pay them more than the…

Sec. 2. (a) The county fiscal body shall fix: (1) the rate of taxation for county purposes; and (2) the rate of taxation for other purposes whenever the rate is not fixed by statute and is required to be uniform throughout the county. (b) The county fiscal body shall appropriate …

Sec. 3. (a) The county fiscal body shall fix the compensation of officers, deputies, and other employees whose compensation is payable from the county general fund, county highway fund, county health fund, county park and recreation fund, aviation fund, or any other fund from whi…

Sec. 3.5. (a) The county fiscal body shall establish a salary schedule in which the salary of a county assessor who has attained a level three certification under IC 6-1.1-35.5 is at least one thousand five hundred dollars ($1,500) more than the salary of a county assessor who ha…

Sec. 3.7. (a) As used in this section, "body" refers to either of the following: (1) The county fiscal body. (2) The county executive. (b) As used in this section, "compensation" has the meaning set forth in section 13 of this chapter. (c) The county fiscal body may establish a s…

Sec. 4. (a) Before July 2 of each year, each officer, board, commission, and agency subject to this chapter shall file with the county auditor a statement that shows in detail the positions for which compensation will be requested in the annual budget for the next year and the am…

Sec. 5. (a) Before the Thursday after the first Monday in August of each year, each county officer and township assessor (if any) shall prepare an itemized estimate of the amount of money required for the officer's or assessor's office for the next calendar year. Each budget esti…

Sec. 6. (a) Before the Thursday after the first Monday in August of each year, each clerk of a court in the county shall prepare a separate estimate of the amount of money required for each court for which the clerk is responsible for the next calendar year. If a court has two (2…

Sec. 7. Before the Thursday after the first Monday in August of each year, the county executive shall prepare an itemized estimate of all money to be drawn by the members of the executive and all expenditures to be made by the executive or under its orders during the next calenda…

Sec. 8. A certificate, verified by the officer preparing it and stating that in the officer's opinion the amount fixed in each item will be required for the purpose indicated, must be attached to each budget estimate prepared under this chapter. [Pre-Local Government Recodificati…

Sec. 9. Before the Thursday after the first Monday in August of each year, persons preparing budget estimates under this chapter shall present them to the county auditor, who shall file them in the county auditor's office and make them available for inspection by county taxpayers…

Sec. 1. This chapter applies to each consolidated city and its county. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.212, SEC.2.

Sec. 10. The controller, in the name of the state and on behalf of any fund of the county or consolidated city, may sue principals or sureties on any obligation, whether the obligation is in the name of the state or another person. As added by P.L.227-2005, SEC.28.

Sec. 11. The controller shall: (1) immediately file the original of the county treasurer's monthly report under IC 36-2-10-16 with the records of the county board of finance; (2) present one (1) copy of the report to the legislative body of the consolidated city at its next regul…

Sec. 12. (a) Except as provided in subsection (b), if the controller is held personally liable for penalties and interest assessed by the Internal Revenue Service, the county treasurer shall reimburse the controller in an amount equal to the penalties and interest. (b) The county…

Sec. 14. If the controller is unable to perform the fiscal requirements of the controller's position, the consolidated city shall hire or contract with a qualified certified public accountant to: (1) provide guidance to the controller regarding the performance of the controller's…

Sec. 2. (a) The executive shall appoint each of the executive's deputies and the director of each department of the consolidated city. The executive's initial appointment of a deputy or director is subject to the approval of the city-county legislative body. A deputy or director …

Sec. 2.5. (a) The controller appointed under section 2 of this chapter is: (1) the fiscal officer of: (A) the consolidated city; and (B) the county; and (2) the director of the office of finance and management under section 2.7 of this chapter. (b) The county treasurer serves ex …

Sec. 2.6. Except as provided in IC 5-11, the: (1) controller is not liable, in an individual capacity, for any act or omission occurring in connection with the performance of the controller's duty as a fiscal officer of: (A) the consolidated city; and (B) the county; and (2) depu…

Sec. 2.7. (a) The office of finance and management is established and is responsible for: (1) budgeting, except as provided in subsection (c); (2) financial reporting and audits; (3) purchasing; and (4) fixed assets; for all city and county departments, offices, and agencies. (b)…

Sec. 2.8. (a) Except as provided in subsections (b) and (c), the controller: (1) has all the powers; and (2) performs all the duties; of the county auditor under law. (b) The controller: (1) does not have the powers; and (2) may not perform the duties; of the county auditor under…

Sec. 3. (a) The city-county legislative body shall, by ordinance, fix the number of deputy mayors of the consolidated city and the county. (b) A deputy mayor serves as a deputy of the executive and has only the powers delegated to the deputy mayor by the executive in accord with …

Sec. 4. (a) The following executive departments of the consolidated city are established, subject to IC 36-3-4-23: (1) Department of administration and equal opportunity. (2) Department of metropolitan development. (3) Department of public safety. (4) Department of public works. …

Sec. 5. (a) The director of a department is its chief administrative officer and shall exercise the powers of the department, subject to the authority granted to any board or commission in the department. (b) A department may be administratively organized by divisions. If it is, …

Sec. 6. (a) Administrative boards are established in the departments listed in sections 4(a)(3), 4(a)(4), 4(a)(5), and 4(a)(6) of this chapter, to be known respectively as the board of public safety, the board of public works, the board of transportation, and the board of parks a…

Sec. 7. (a) This section applies to each board established under section 6 of this chapter. (b) A board shall hold regular meetings at least once a month, at times and places prescribed by its rules or established by resolution. (c) A special meeting of a board shall be held when…

Sec. 8. (a) This section applies whenever a special taxing district of the consolidated city has the power to issue bonds, notes, or warrants. (b) Before any bonds, notes, or warrants of a special taxing district may be issued, the issue must be approved by resolution of the legi…

Sec. 9. The controller shall furnish standard forms for use in the: (1) transaction of business; and (2) performance of services for which the consolidated city or county receives a specific fee. As added by P.L.227-2005, SEC.27.

Sec. 1. This chapter applies to second and third class cities. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.41.

Sec. 2. (a) A mayor, who is the city executive, shall be elected under IC 3-10-6 by the voters of each city. (b) A person is eligible to be a city executive only if the person meets the qualifications prescribed by IC 3-8-1-26. (c) Residency in territory that is annexed by the ci…

Sec. 3. The executive shall: (1) enforce the ordinances of the city and the statutes of the state; (2) provide a statement of the finances and general condition of the city to the city legislative body at least once a year; (3) provide any information regarding city affairs that …

Sec. 4. The executive shall make the appointments prescribed by IC 36-4-9 and IC 36-4-11-2. [Pre-Local Government Recodification Citations: 18-1-6-2 part; 18-2-1-9 part.] As added by Acts 1980, P.L.212, SEC.3.

Sec. 5. On reasonable notice of at least three (3) days to the person complained of, the executive shall hear any complaint against a person to whom the city has issued a license, and may issue subpoenas to compel the attendance of witnesses, administer oaths to those witnesses, …

Sec. 6. At least once a month, the executive shall meet with the officers in charge of the city departments: (1) for consultation on the affairs of the city; (2) to adopt rules and regulations for the administration of the affairs of city departments; and (3) to adopt rules and r…

Sec. 7. The executive may appoint three (3) competent persons to examine, without notice, the city accounts and property in the possession or custody of a city department, officer, or employee, and to report the results of their investigation. [Pre-Local Government Recodification…

Sec. 8. (a) Whenever the executive is absent or going to be absent from the city, ill, or injured, the executive may designate: (1) the deputy mayor, if that position has been established under IC 36-4-9-7; or (2) a member of the city legislative body; as acting executive, with a…

Sec. 9. (a) The office of executive becomes vacant whenever the executive: (1) dies, resigns, or is removed from office; (2) ceases to be a resident of the city; (3) is convicted of a felony, as provided in IC 5-8-1-38; or (4) is unable to discharge the powers and duties of the e…