Title 36, LOCAL GOVERNMENT

Sec. 17. "School corporation" means a local public school corporation established under state law. The term includes a school city, school town, metropolitan school district, consolidated school corporation, county school corporation, township school corporation, community school…

Sec. 18. "Special taxing district" means a geographic area within which a special tax may be levied and collected on an ad valorem basis on property for the purpose of financing local public improvements that are: (1) not political or governmental in nature; and (2) of special be…

Sec. 19. "Statute" means a law enacted by the general assembly. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.211, SEC.1.

Sec. 2. "Bonds" means any evidences of indebtedness, whether payable from property taxes, revenues, or any other source, but does not include notes or warrants representing temporary loans that are payable out of taxes levied and in the course of collection. [Pre-Local Government…

Sec. 20. "Taxing district" means a geographic area within which property is taxed by the same taxing entities and at the same total rate. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.211, SEC.1.

Sec. 21. "Town" refers to an incorporated town, unless the reference is to a school town. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.211, SEC.1.

Sec. 22. "Township" refers to a civil township, unless the reference is to a congressional township. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.233-2015, SEC.326.

Sec. 23. "Unit" means county, municipality, or township. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.211, SEC.1.

Sec. 24. "Works board" means the following: (1) The board of commissioners, for a county not having a consolidated city. (2) The board of public works or board of public works and safety, for a city. (3) The town council, for a town. [Local Government Recodification Citation: New…

Sec. 3. "City" refers to a consolidated city or other incorporated city of any class, unless the reference is to a school city. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.211, SEC.1.

Sec. 4. "Clerk" means: (1) clerk of the circuit court, for a county; (2) county auditor, for a board of county commissioners or county council; (3) clerk of the city-county council, for a consolidated city; (4) city clerk, for a second class city; (5) clerk-treasurer, for a third…

Sec. 4.5. "Emergency" means a situation that could not reasonably be foreseen and that threatens the public health, welfare, or safety and requires immediate action. As added by P.L.329-1985, SEC.1.

Sec. 4.7. "Environmental restrictive ordinance" means, with respect to land, any ordinance that: (1) is adopted by a municipal corporation; and (2) seeks to control the use of groundwater in a manner and to a degree that protects human health and the environment against unaccepta…

Sec. 5. "Executive" means the following: (1) The board of commissioners, for a county that does not have a consolidated city. (2) The mayor of the consolidated city, for a county having a consolidated city. (3) The mayor, for a city. (4) The president of the town council, for a t…

Sec. 5.5. "Federally recognized Indian tribe" means an Indian tribe named on the list of Indian tribes recognized by the United States Secretary of the Interior published under 25 U.S.C. 5131. As added by P.L.108-2019, SEC.243.

Sec. 6. "Fiscal body" means: (1) county council, for a county not having a consolidated city; (2) city-county council, for a consolidated city or county having a consolidated city; (3) common council, for a city other than a consolidated city; (4) town council, for a town; (5) to…

Sec. 7. "Fiscal officer" means: (1) auditor, for a county not having a consolidated city; (2) controller, for a: (A) consolidated city; (B) county having a consolidated city, except as otherwise provided; or (C) second class city; (3) clerk-treasurer, for a third class city; (4) …

Sec. 8. "Law" includes the Constitution of Indiana, statutes, and ordinances. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.211, SEC.1.

Sec. 9. "Legislative body" means the following: (1) The board of county commissioners, for a county not subject to IC 36-2-3.5 or IC 36-3-1. (2) The county council, for a county subject to IC 36-2-3.5. (3) The city-county council, for a consolidated city or county having a consol…

Sec. 9.5. "Materials" means supplies, goods, machinery, packaged software, and equipment. As added by P.L.329-1985, SEC.2.

Sec. 1. Except as specifically provided, this chapter does not apply to a county having a consolidated city. [Pre-Local Government Recodification Citations: 17-1-28-1 part; Acts 1973, P.L.163, SECTION 3.] As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.13…

Sec. 10. The executive shall keep its office open on each business day. [Pre-Local Government Recodification Citations: 17-1-18-1; 17-1-28-4 part.] As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.139; P.L.255-1993, SEC.1.

Sec. 11. (a) The county auditor shall attend all meetings of, and record in writing the official proceedings of, the executive. (b) If a copy of the executive's proceedings has been signed and sealed by the auditor and introduced into evidence in court, that copy is presumed to b…

Sec. 12. Appointments made by the executive shall be certified by the county auditor, under the seal of the executive. [Pre-Local Government Recodification Citation: 5-5-1-4.] As added by Acts 1980, P.L.212, SEC.1.

Sec. 13. (a) The executive may employ a person: (1) to perform a duty required of a county officer by statute; or (2) on a commission or percentage basis; only if the employment is expressly authorized by statute or is found by the executive to be necessary to the public interest…

Sec. 14. (a) The executive may appoint a county administrator to be the administrative head of the county under the supervision of the executive and to hold office at the pleasure of the executive. The executive may assign any office, position, or duties under its control to the …

Sec. 15. (a) The county auditor or a member of the executive may administer all oaths required by this chapter. (b) The executive may: (1) punish contempt by a fine of not more than three dollars ($3) or by imprisonment for not more than twenty-four (24) hours; and (2) enforce it…

Sec. 16. The executive may: (1) approve accounts chargeable against the county; and (2) direct the raising of sums necessary for county expenses. [Pre-Local Government Recodification Citation: 17-1-14-11 part.] As added by Acts 1980, P.L.212, SEC.1.

Sec. 17. The executive may audit the accounts of officers who deal with money belonging to or appropriated for the benefit of the county. [Pre-Local Government Recodification Citations: 17-1-14-11 part; 17-2-38-1.] As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.…

Sec. 18. At the regular meeting of the executive in January of each year, the executive and the county treasurer shall make a settlement for the preceding calendar year. A copy of the settlement sheet shall be copied in the order book of the executive. [Pre-Local Government Recod…

Sec. 19. At its second regular meeting each year, the executive shall make an accurate statement of the county's receipts and expenditures during the preceding calendar year. The statement must include the name of and total compensation paid to each county officer, deputy, and em…

Sec. 2. The three (3) member board of commissioners of a county elected under this chapter is the county executive. In the name of "The Board of Commissioners of the County of ________" the executive shall transact the business of the county. [Pre-Local Government Recodification …

Sec. 20. The county executive may make orders concerning county property, including orders for: (1) the sale of the county's public buildings and the acquisition of land in the county seat on which to build new public buildings; and (2) the acquisition of land for a public square…

Sec. 23. (a) The executive may grant licenses, permits, or franchises for the use of county property if they: (1) are not exclusive; (2) are of a definite duration; and (3) are assignable only with the consent of the executive. (b) If a public utility or municipally owned or oper…

Sec. 24. (a) The executive shall establish and maintain a county courthouse, county jail, and public offices for the county clerk, the county auditor, the county recorder, the county treasurer, the county sheriff, and the county surveyor. (b) Offices for the surveyor must be in t…

Sec. 25. Whenever publication of a notice, report, or statement of any kind is required and a county is liable for the cost of that publication, the executive may not make or pay for publication in more than one (1) newspaper unless publication in two (2) newspapers is required. …

Sec. 27. (a) A party to a proceeding before the executive who is aggrieved by a decision of the executive may appeal that decision to the circuit court, superior court, or probate court for the county. (b) A person who is not a party to a proceeding before the executive may appea…

Sec. 28. (a) An appellant under section 27 of this chapter must file with the county auditor a bond conditioned on due prosecution of the appeal. The bond is subject to approval by the auditor, and it must be in an amount sufficient to provide security for court costs. (b) Within…

Sec. 29. (a) An appeal under section 27 of this chapter shall be docketed among the other causes pending in the circuit court, superior court, or probate court, and shall be tried as an original cause. (b) A court may decide an appeal under section 27 of this chapter by: (1) affi…

Sec. 3. (a) The executive shall be elected under IC 3-10-2-13 by the voters of the county. The number of members to be elected to the executive alternates between one (1) and two (2) at succeeding general elections. (b) The term of office of a member of the executive is four (4) …

Sec. 30. (a) The executive may employ and fix the compensation of an attorney to represent and advise the executive. (b) For the purposes of Section 9, Article 2 of the Constitution of the State of Indiana, employment by a county executive as an attorney does not constitute a luc…

Sec. 4. (a) This subsection does not apply 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…

Sec. 4.7. (a) Except as provided in subsection (c), whenever the executive divides the county into districts under section 4 of this chapter, the executive shall adopt an ordinance. (b) The executive shall file a copy of an ordinance adopted under subsection (a) with the circuit …

Sec. 5. (a) To be eligible for election to the executive, a person must meet the qualifications prescribed by IC 3-8-1-21. (b) A member of the executive must reside within: (1) the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana; and (2) the…

Sec. 6. The executive shall hold a regular meeting at least once each month and at other times as needed to conduct all necessary business. Dates of regular meetings shall be established by resolution at or before the first meeting in February of each year. [Pre-Local Government …

Sec. 7. (a) If the executive finds that two (2) or more of its members are disqualified from acting in a quasi-judicial proceeding, the disqualified members shall cease to act in that proceeding. Within ten (10) days after the finding, the county auditor shall send a certified co…