Bill Text: IN SB0107 | 2012 | Regular Session | Amended
Bill Title: Deadline for adoption of salary ordinances.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2012-03-19 - Signed by the Governor [SB0107 Detail]
Download: Indiana-2012-SB0107-Amended.html
Citations Affected: IC 36-3; IC 36-4; IC 36-8.
Synopsis: Deadline for adoption of salary ordinances. Requires a
second or third class city to adopt a salary ordinance not later than
November 1 (instead of September 30) for the ensuing budget year.
Allows a member of a city fiscal body to waive compensation received
for performing duties as a member of the city fiscal body. (Under
current law, elected town officers may waive compensation received
for performing duties as an elected town officer.)
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Local Government.
January 26, 2012, amended, reported favorably _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(b) A member of the city fiscal body may waive the officer's compensation for any year by filing a notice that satisfies the following:
(1) The notice is in writing.
(2) The notice states in substance all of the following:
(A) That the individual is a member of the city fiscal body.
(B) The calendar year covered by the notice.
(C) That the member waives compensation under this
section.
(D) That the member understands that the notice is
irrevocable beginning January 1 of the year covered by the
notice.
(3) The notice is signed by the member of the city fiscal body
who wants to waive compensation.
(c) A member of the city fiscal body who wants to waive
compensation under this section must file the notice with the city
fiscal officer before January 1 of the year covered by the notice.
(d) A notice filed under this section is irrevocable beginning
January 1 of the year covered by the notice.
(e) A member of the city fiscal body who files a notice under this
section:
(1) is not entitled to compensation for duties performed in the
year covered by the notice; and
(2) may not be paid compensation for duties performed in the
year covered by the notice.
(b) Subject to the approval of the city legislative body, the city executive shall fix the compensation of each appointive officer, deputy, and other employee of the city. The legislative body may reduce but may not increase any compensation fixed by the executive. Compensation must be fixed under this section not later than
(c) Compensation fixed under this section may be increased or decreased by the executive during the budget year for which it is fixed.
(d) Notwithstanding subsection (b), the city clerk may, with the approval of the legislative body, fix the salaries of deputies and employees appointed under IC 36-4-11-4.
(b) A member of the city fiscal body may waive the officer's
compensation for any year by filing a notice that satisfies the
following:
(1) The notice is in writing.
(2) The notice states in substance all of the following:
(A) That the individual is a member of the city fiscal body.
(B) The calendar year covered by the notice.
(C) That the member waives compensation under this
section.
(D) That the member understands that the notice is
irrevocable beginning January 1 of the year covered by the
notice.
(3) The notice is signed by the member of the city fiscal body
who wants to waive compensation.
(c) A member of the city fiscal body who wants to waive
compensation under this section must file the notice with the city
fiscal officer before January 1 of the year covered by the notice.
(d) A notice filed under this section is irrevocable beginning
January 1 of the year covered by the notice.
(e) A member of the city fiscal body who files a notice under this
section:
(1) is not entitled to compensation for duties performed in the
year covered by the notice; and
(2) may not be paid compensation for duties performed in the
year covered by the notice.
(b) The members of the safety board may act only as a board. No member may bind the board or the city except by resolution entered in the records of the board authorizing the member to act in its behalf as its authorized agent.
(c) The safety board shall appoint:
(1) the members and other employees of the police department other than those in an upper level policymaking position;
(2) the members and other employees of the fire department other than those in an upper level policymaking position;
(3) a market master; and
(4) other officials that are necessary for public safety purposes.
(d) The annual compensation of all members of the police and fire departments and other appointees shall be fixed by ordinance of the legislative body not later than
(e) The safety board, subject to ordinance, may also fix the number of members of the police and fire departments and the number of appointees for other purposes and may, subject to law, adopt rules for the appointment of members of the departments and for their government.
(f) The safety board shall divide the city into police precincts and fire districts.
(g) The police chief has exclusive control of the police department, and the fire chief has exclusive control of the fire department, subject to the rules and orders of the safety board. In time of emergency, the police chief and the fire chief are, for the time being, subordinate to the city executive and shall obey the city executive's orders and directions, notwithstanding any law or rule to the contrary.
