Title 36, LOCAL GOVERNMENT

Sec. 19. (a) The legislative body may, by ordinance, make loans of money and, subject to IC 5-1-11.5 and IC 5-11-1-4(c), issue bonds for the purpose of refunding those loans. The loans may be made only for the purpose of procuring money to be used in the exercise of the powers of…

Sec. 2. (a) A common council, which is the city legislative body, shall be elected under IC 3-10-6 by the voters of each city. (b) A person is eligible to be a member of the legislative body only if the person meets the qualifications prescribed by IC 3-8-1-27. (c) Residency in t…

Sec. 20. (a) The legislative body may, by ordinance, make loans of money for not more than five (5) years and issue notes for the purpose of refunding those loans. The loans may be made only for the purpose of procuring money to be used in the exercise of the powers of the city, …

Sec. 21. (a) The legislative body may investigate: (1) the departments, officers, and employees of the city; (2) any charges against a department, officer, or employee of the city; and (3) the affairs of a person with whom the city has entered or is about to enter into a contract…

Sec. 24. (a) The legislative body may hire or contract with competent attorneys and legal research assistants on terms it considers appropriate. (b) Employment of an attorney under this section does not affect the city department of law established under IC 36-4-9. (c) Appropriat…

Sec. 3. (a) This section applies only to second class cities. (b) The legislative body shall adopt an ordinance to divide the city into six (6) districts that: (1) are composed of contiguous territory, except for territory that is not contiguous to any other part of the city; (2)…

Sec. 4. (a) This section applies to third class cities, except as provided by section 5 of this chapter. (b) This subsection does not apply to a city with an ordinance described by subsection (j) or (m). The legislative body shall adopt an ordinance to divide the city into five (…

Sec. 5. (a) This section applies to third class cities having a population of less than ten thousand (10,000). The legislative body of such a city may, by ordinance adopted after June 30, 2010, and during a year in which an election of the legislative body will not occur, decide …

Sec. 6. The legislative body may: (1) expel any member for violation of an official duty; (2) declare the seat of any member vacant if the member is unable to perform the duties of the member's office; and (3) adopt its own rules to govern proceedings under this section. However,…

Sec. 7. (a) The legislative body shall hold its first regular meeting in January after its election. In subsequent months, the legislative body shall hold regular meetings at least once a month, unless its rules require more frequent meetings. (b) A special meeting of the legisla…

Sec. 8. (a) This subsection applies only to second class cities. At its first regular meeting under section 7 of this chapter, and each succeeding January, the legislative body shall choose from its members a president and a vice president. (b) This subsection applies only to thi…

Sec. 9. The city clerk is the clerk of the legislative body. The city clerk shall do the following: (1) Preserve the legislative body's records in the clerk's office. (2) Keep an accurate record of the legislative body's proceedings. (3) Record the ayes and nays on each vote on a…

Sec. 1. This chapter applies to all towns. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.212, SEC.4.

Sec. 10. (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 dev…

Sec. 2. Except as provided in IC 36-5-6.5, the clerk-treasurer elected under this chapter is both the town clerk and the town fiscal officer. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.56-2022, SEC.5.

Sec. 3. (a) The clerk-treasurer must reside within the town as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The clerk-treasurer forfeits office if the clerk-treasurer ceases to be a resident of the town. An individual who resides in territory that…

Sec. 4. The clerk-treasurer shall be elected under IC 3-10-6 or IC 3-10-7 by the voters of the whole town. [Pre-Local Government Recodification Citation: 18-3-1-16 part.] As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.5-1986, SEC.56.

Sec. 5. The clerk-treasurer may administer oaths, take depositions, and take acknowledgments of instruments required by statute to be acknowledged. [Pre-Local Government Recodification Citation: 18-3-1-31 part.] As added by Acts 1980, P.L.212, SEC.4.

Sec. 5.1. If office space exists in a building owned or leased by the town, the legislative body shall provide suitable office space for the: (1) clerk-treasurer; and (2) staff and records of the clerk-treasurer. As added by P.L.69-1995, SEC.12.

Sec. 6. (a) This section does not apply to a town that has adopted an ordinance under IC 36-5-6.5. (b) The clerk-treasurer shall do the following: (1) Receive and care for all town money and pay the money out only on order of the town legislative body. (2) Keep accounts showing w…

Sec. 6.5. (a) This section applies only to a town that adopts an ordinance under IC 36-5-6.5. (b) A reference to a town clerk-treasurer in the Indiana Code is considered to be a reference to the town clerk who serves a town that has an appointed controller under IC 36-5-6.5, to t…

Sec. 7. (a) The clerk-treasurer shall appoint the number of deputies and employees needed for the effective operation of the office, with the approval of the town legislative body. The clerk-treasurer's deputies and employees serve at the clerk-treasurer's pleasure. (b) If a town…

Sec. 8. (a) A clerk-treasurer may hire or contract with competent attorneys or legal research assistants on terms the clerk-treasurer considers appropriate. (b) Appropriations for the salaries of attorneys and legal research assistants employed under this section shall be approve…

Sec. 9. (a) This section applies if an office of town clerk-treasurer is vacant and the town legislative body is unable to fill the office under IC 3-13-9-3. (b) The town legislative body may select a town legislative body member, who shall assume the duties of the office of town…

Sec. 1. This chapter applies to all townships. [Pre-Local Government Recodification Citation: 17-4-28-1 part.] As added by Acts 1980, P.L.212, SEC.5.

Sec. 10. (a) This section does not apply to the appropriation of money to pay a deputy or an employee of a township assessor with assessment duties or to an elected township assessor. (b) As used in this section, "compensation" means the total of all money paid to an elected town…

Sec. 11. (a) The legislative body shall meet annually in accordance with IC 6-1.1-17, to adopt the township's annual budget. The legislative body must meet and adopt the annual budget even if the legislative body intends for the most recent annual appropriations and annual tax le…

Sec. 12. (a) The legislative body may appropriate money for membership of the township in county, state, or national associations that: (1) are of a civic, educational, or governmental nature; and (2) have as a purpose the improvement of township governmental operations. The town…

Sec. 13. The legislative body may appropriate and transfer money to the county treasurer for use throughout the county under agreements made by the township and the county under IC 36-1-7. [Pre-Local Government Recodification Citation: 17-4-35.5-1.] As added by Acts 1980, P.L.212…

Sec. 13.5. (a) A special meeting may be held by the legislative body if the executive, the chair of the legislative body, or a majority of the members of the legislative body issue a written notice of the meeting to each member of the legislative body. The notice must state the t…

Sec. 14. (a) At any special meeting, if two (2) or more members give their consent, the legislative body may determine whether there is a need for fire and emergency services or other emergency requiring the expenditure of money not included in the township's budget estimates and…

Sec. 14.5. (a) If the legislative body issues a special order under section 14 of this chapter authorizing the executive to borrow money, not less than ten (10) taxpayers in the township who disagree with the special order may file a petition in the office of the county auditor n…

Sec. 15. (a) If the legislative body finds that an emergency requires the borrowing of money to meet the township's current expenses, it may take out temporary loans in an amount not more than eighty percent (80%) of the total anticipated revenue for the remainder of the year in …

Sec. 17. (a) This section does not apply to a township located in a county having a consolidated city. (b) As used in this section, "immediate family member" refers only to any of the following relatives of an individual: (1) A parent. (2) A sibling. (3) A spouse. (4) A child. A …

Sec. 2. (a) Except as provided in subsection (b) and section 2.1 of this chapter, a three (3) member township board shall be elected under IC 3-10-2-13 by the voters of each township. (b) The township board in a county containing a consolidated city shall consist of five (5) memb…

Sec. 2.1. (a) This subsection does not apply to a township government merger under IC 36-6-1.7. If two (2) township governments merge, the resulting merged township government shall elect a three (3) member township board. The voters of the resulting merged township government sh…

Sec. 2.2. (a) This subsection applies to townships in a county containing a consolidated city. The voters of each legislative body district established under section 2.5 of this chapter shall elect one (1) member of the township board. (b) This subsection applies to townships not…

Sec. 2.3. (a) This section does not apply to a township board in a county containing a consolidated city. (b) During the year preceding a general election for the members of the township board conducted under section 2 of this chapter, a township board may adopt a resolution unde…

Sec. 2.5. (a) This section applies to townships in a county containing a consolidated city. (b) The legislative body shall adopt a resolution that divides the township into legislative body districts that: (1) are composed of contiguous territory; (2) are reasonably compact; (3) …

Sec. 3. (a) This subsection applies to townships in a county containing a consolidated city. One (1) member of the legislative body must reside within each legislative body district. If a member of the legislative body ceases to be a resident of the district from which the member…

Sec. 4. (a) Except as provided in subsections (b) and (c), two (2) members of the legislative body constitute a quorum. (b) Three (3) members of the legislative body in a county having a consolidated city constitute a quorum. (c) This subsection applies to a township government t…

Sec. 5. A meeting of the legislative body may be adjourned from day to day until its business is completed. [Pre-Local Government Recodification Citation: 17-4-28-1 part.] As added by Acts 1980, P.L.212, SEC.5.

Sec. 6. A taxpayer of the township may appear at any meeting of the legislative body and be heard as to: (1) an estimate of expenditures; (2) a proposed levy of taxes; (3) the approval of the executive's annual report; or (4) any other matter being considered by the legislative b…

Sec. 7. (a) The legislative body shall meet at the office of the executive on the first Tuesday after the first Monday in January of each year. At this meeting the legislative body shall elect one (1) member as chair for that year and one (1) member as secretary for that year. (b…

Sec. 8. The legislative body shall keep a permanent record of its proceedings in a book furnished by the executive. The secretary of the legislative body shall, under the direction of the legislative body, record the minutes of the proceedings of each meeting in full and shall pr…

Sec. 9. (a) The legislative body shall meet on or before the third Tuesday after the first Monday in February of each year. At this meeting it shall consider and approve, in whole or in part, the annual report of the executive presented under IC 36-6-4-12. (b) The legislative bod…