Title 36, LOCAL GOVERNMENT

Sec. 12. (a) The department and a trustee may establish and operate an actuarially sound pension trust as a retirement plan for the exclusive benefit of the employee beneficiaries. However, a department and a trustee may not establish or modify a retirement plan after June 30, 19…

Sec. 12.1. (a) This section applies to an employee beneficiary who: (1) retires after June 30, 1997; and (2) served in a county that has adopted an ordinance stating that the maximum monthly pension for an employee beneficiary who retires after June 30, 1997, shall be determined …

Sec. 12.2. (a) This section applies to a county that adopts a deferred retirement option plan as part of its retirement plan under this chapter. (b) As used in this section, "DROP" refers to a deferred retirement option plan established under this section. (c) As used in this sec…

Sec. 12.5. (a) This section applies after June 30, 2009, to active employee beneficiaries in a retirement plan established under this chapter. (b) As used in this section, "public retirement fund" refers to any of the following, either singly or collectively: (1) The public emplo…

Sec. 12.6. (a) This section applies to eligible employees of the departments of: (1) Warren County, retirement plan effective January 1, 2008; (2) Pike County, retirement plan effective January 1, 2010; and (3) Perry County, retirement plan effective January 1, 2018; who were emp…

Sec. 13. Except as provided in section 19 of this chapter, a sheriff may participate in the pension trust in the same manner as a county police officer. In addition, a sheriff who is not participating in the pension trust after the creation of the pension trust in the sheriff's c…

Sec. 14. (a) The department may establish and operate a death benefit program for the payment of death benefits to deceased employee beneficiaries. The department may provide these benefits by the creation of a reserve account, by obtaining group life insurance, or both. However,…

Sec. 15. (a) The department may establish and operate a disability benefit program for the payment of disability expense reimbursement and pensions to employee beneficiaries with a disability. The department may provide these benefits by the creation of a reserve account, by obta…

Sec. 16. (a) The department may establish and operate a dependent's pension benefit for the payment of pensions to dependent parents, surviving spouses, and dependent children under eighteen (18) years of age of former employee beneficiaries. The department may provide these bene…

Sec. 16.3. (a) This section applies to a surviving spouse of an employee beneficiary who: (1) died before July 1, 2005; and (2) was a member of a retirement plan established under section 12 of this chapter. (b) A monthly pension paid under section 16(c) of this chapter, before i…

Sec. 16.5. (a) As used in this section, "dies in the line of duty" has the meaning set forth in IC 5-10-10-2. (b) This section applies to the survivors of an eligible employee who dies in the line of duty. (c) After December 31, 2003, the department that employed the eligible emp…

Sec. 17. (a) The death benefit, the disability benefit, and the dependents' pension may be operated as one (1) fund, known as the police benefit fund, under the terms of a supplementary trust agreement between the department and the trustee for the exclusive benefit of employee b…

Sec. 19. (a) Except as provided in subsection (c), a person entitled to an interest in or share of a pension or benefit from the trust funds may not, before the actual payment, anticipate it or sell, assign, pledge, mortgage, or otherwise dispose of or encumber it. In addition, t…

Sec. 2. As used in this chapter: "Board" refers to the sheriff's merit board established under this chapter. "Department" refers to the sheriff's department of a county. "Eligible employee" means the sheriff of a county or a county police officer. "Employee beneficiary" means an …

Sec. 20.1. (a) A county sheriffs' standard vehicle marking and uniform commission is established. The commission consists of three (3) members, not more than two (2) of whom may be of the same political party. Members of the commission shall be appointed by the governor for four …

Sec. 21. (a) This section applies to any county that has a jail commissary that sells merchandise to inmates. (b) A jail commissary fund is established, referred to in this section as "the fund". The fund is separate from the general fund, and money in the fund does not revert to…

Sec. 22. (a) This section applies to any county that operates a county jail. (b) The sheriff shall hold in trust separately for each inmate any money received from that inmate or from another person on behalf of that inmate. (c) If the inmate or the inmate's legal guardian reques…

Sec. 23. (a) This section applies to a county that adopts the provisions of this section by an ordinance of the county fiscal body. (b) The county fiscal body may provide for: (1) an annual cost of living payment to employee beneficiaries who are retired or have a disability, or …

Sec. 3. (a) The fiscal body of each county shall, by ordinance, establish a sheriff's merit board to be known as the _________________________ county sheriff's merit board (inserting the name of the county). (b) The board consists of five (5) members. Three (3) members shall be a…

Sec. 4. (a) A county police force is established in each county. The members are employees of the county, and the sheriff of the county shall assign their duties according to law. (b) The expenses of the county police force are a part of the sheriff's department budget. The board…

Sec. 4.5. (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 county shall provide an active member of the department with body armor for the torso. The county shall replace the body armor for the torso according…

Sec. 5. (a) Each sheriff shall appoint a prison matron for the county. The sheriff shall set the qualifications for that position. Except as provided in subsection (b), the sheriff has complete hiring authority over the position of prison matron. (b) A prison matron who was a cou…

Sec. 5.5. (a) Except as provided in subsection (b), the sheriff has complete hiring authority over the position of chief deputy. (b) A chief deputy who was a county police officer appointed under section 10(b) of this chapter immediately before being hired as chief deputy is enti…

Sec. 6. (a) A sheriff may appoint additional deputy sheriffs or assistants if an emergency arises that requires them for: (1) promoting public safety and conserving the peace; (2) repressing, preventing, and detecting crime; and (3) apprehending criminals. (b) The county executiv…

Sec. 7. (a) The state examiner of the state board of accounts shall fix the exact amount per meal that the sheriff of each county receives for feeding the prisoners in the sheriff's custody. Subject to the maximum meal allowance provided in this section, the state examiner shall …

Sec. 8. A member of the department who becomes sheriff either by election or by appointment shall, upon the expiration of the member's term as sheriff, and upon the member's written application, be appointed by the board to the rank in the department that the member held at the t…

Sec. 9. (a) Each member of the department: (1) has general police powers; (2) shall arrest, without process, all persons who commit an offense within the member's view, take them before the court having jurisdiction, and detain them in custody until the cause of the arrest has be…

Sec. 1. This chapter applies to all municipalities and the counties in which they are located. [Pre-Local Government Recodification Citation: 18-5-16-1 part.] As added by Acts 1981, P.L.309, SEC.83.

Sec. 2. If: (1) a county owns real property in a municipality; (2) the municipality installs a lighting system to light the streets, alleys, and other public places in the municipality; (3) as a part of that system, street lights are installed along a street abutting on the count…

Sec. 3. (a) If a county is required to pay for the installation of municipal street lights under this chapter, the amount to be paid by the county shall be determined under this section. (b) If the contract for the installation of the lighting system calls for payment for the sys…

Sec. 4. (a) If a county is required to pay for the maintenance and operation of municipal street lights under this chapter, the amount to be paid by the county shall be determined under this section. (b) If the contract for the maintenance and operation of the lighting system cal…

Sec. 5. (a) If a county is required to pay for the installation, maintenance, or operation of municipal street lights under this chapter, the municipal clerk shall verify the amount to be paid by the county. The municipal legislative body must approve this amount by resolution, a…

Sec. 1. This chapter applies to the two (2) cities having the largest populations in a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000). As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.12-1992, SEC.1…

Sec. 10. The board may finance and construct a building or buildings to be used as a convention center on land owned or leased by the authority and lease that land and building or buildings to the city in which the authority has been created. The board, acting in the name of the …

Sec. 11. (a) A city may lease land and buildings from the authority for civic purposes. A contract of lease on a particular building may not be entered into for a period of more than forty (40) years, but the lease may be renewable for a similar or shorter period of time. (b) A c…

Sec. 12. A lease under this chapter must provide for the payment of the lease rental by the city from the levy of taxes against the real and personal property located within the city. As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.90-2002, SEC.522; P.L.197-2016, SEC.153.

Sec. 13. (a) When the authority, the city executive, and a majority of the city legislative body have agreed upon the terms and conditions of a lease, and before the final execution of the lease, a notice shall be given by the city clerk by publication of a public hearing to be h…

government finance Sec. 14. (a) If the execution of the lease is authorized, notice of the execution shall be given on behalf of the city by publication one (1) time in a newspaper of general circulation printed in the English language and published in the city. Fifty (50) or mor…

Sec. 15. An action to contest the validity of the lease or to enjoin the performance of any of the terms and conditions of the lease may not be brought at any time later than fifteen (15) days after publication of notice of the execution of the lease, or if an appeal has been tak…

Sec. 16. (a) A lease may provide that the lessee has an option to renew the lease for a similar or shorter term, on conditions that are provided in the lease. The lease must contain an option to purchase at any time after ten (10) years from the execution of the lease and before …

Sec. 17. Before the execution of a lease, the authority proposing to build a convention center for lease to a city shall submit to and receive approval by the city executive and city legislative body of the plans, specifications, and estimates of cost for the convention center. T…

Sec. 18. (a) A city desiring to have a convention center erected on land owned or to be acquired by it may sell or lease the land to the authority. The land may be leased at a nominal lease rental, but the term of the lease may not be less than the term of the lease of the conven…

Sec. 19. (a) In order to procure funds to pay the cost of a convention center to be built or acquired under this chapter, and to repay advances for preliminary expenses made to the authority by the city under section 9 of this chapter, the board may issue revenue bonds of the aut…

Sec. 2. As used in this chapter: "Authority" refers to a civic center building authority created under this chapter. "Board" refers to the board of directors of the authority. As added by Acts 1982, P.L.218, SEC.4.

Sec. 20. (a) The bonds shall be executed by the president of the board, and the corporate seal of the authority shall be affixed and attested by the secretary of the board. The interest coupons attached to the bonds shall be executed by placing the facsimile signature of the trea…

Sec. 21. All money received from any bond issued under this chapter, after reimbursement and repayment to the city of all amounts advanced for preliminary expenses as provided in section 9 of this chapter, shall be applied to the payment of the costs of site acquisition and const…