Bill Text: IN SB0254 | 2012 | Regular Session | Introduced
Bill Title: Township government.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - First reading: referred to Committee on Local Government [SB0254 Detail]
Download: Indiana-2012-SB0254-Introduced.html
Introduced Version
SENATE BILL No. 254
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-11-1-4; IC 6-1.1-17-5; IC 12-20;
IC 36-1-8-18; IC 36-6.
(Continued next page)
Effective: July 1, 2012.
Glick
January 4, 2012, read first time and referred to Committee on Local Government.
Digest Continued
fails to file the township standards with the board of county
commissioners for the two years preceding the ensuing calendar year:
(1) the department of local government finance may not approve the
township's budget and levy; and (2) the township trustee may not
receive any salary until the standards are filed with the board of county
commissioners. Provides that a township trustee may receive rental
payments from the township for use of office space located in the
trustee's private residence if the space is used for conducting official
township business. Provides that a trustee may not receive rental
payments for office space in the executive's personal residence at a
square footage rate that exceeds the average square footage rate
charged for comparable commercial office space. Requires the
township trustee in the annual report to compare the square footage rate
charged by the executive for rent of the office space in the executive's
residence with the average square footage rate charged for comparable
commercial office space in: (1) the township; or (2) the county seat of
the county where the township is primarily located, if comparable
commercial office space is not available in the township. Provides that
beginning January 1, 2015, in a township that has a population of at
least 25,000, an individual who: (1) makes $10,000 or more annual
salary from the township; and (2) is an immediate family member of an
officer or employee of a township; may not be employed by the
township in a position in which the individual would have a direct
supervisory or subordinate relationship with the officer or employee
who is the individual's immediate family member. Provides that an
employee of a township that violates the nepotism provision does not
have to be terminated from any position held by that individual before
January 1, 2012.
Introduced
Second Regular Session 117th General Assembly (2012)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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SENATE BILL No. 254
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-11-1-4; (12)IN0254.1.1. -->
SECTION 1. IC 5-11-1-4, AS AMENDED BY P.L.172-2011,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 4. (a) The state examiner shall require from every
municipality and every state or local governmental unit, entity, or
instrumentality financial reports covering the full period of each fiscal
year. These reports shall be prepared, verified, and filed with the state
examiner not later than sixty (60) days after the close of each fiscal
year. A report for a township shall be prepared, verified, and filed
with the state examiner not later than March 1 of each year. The
reports must be filed electronically, in a manner prescribed by the state
examiner that is compatible with the technology employed by the
political subdivision.
(b) The department of local government finance may not approve the budget of a political subdivision or a supplemental appropriation for a political subdivision until the political subdivision files an annual
(b) The department of local government finance may not approve the budget of a political subdivision or a supplemental appropriation for a political subdivision until the political subdivision files an annual
report under subsection (a) for the preceding calendar year.
SOURCE: IC 6-1.1-17-5; (12)IN0254.1.2. -->
SECTION 2. IC 6-1.1-17-5, AS AMENDED BY P.L.111-2010,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 5. (a) The officers of political subdivisions shall
meet each year to fix the budget, tax rate, and tax levy of their
respective subdivisions for the ensuing budget year as follows:
(1) The board of school trustees of a school corporation that is located in a city having a population of more than one hundred five thousand (105,000) but less than one hundred twenty thousand (120,000), not later than:
(A) the time required in section 5.6(b) of this chapter; or
(B) November 1 if a resolution adopted under section 5.6(d) of this chapter is in effect.
(2) The proper officers of all other political subdivisions that are not school corporations, not later than November 1.
(3) The governing body of a school corporation (other than a school corporation described in subdivision (1)) that elects to adopt a budget under section 5.6 of this chapter for budget years beginning after June 30, 2011, not later than the time required under section 5.6(b) of this chapter for budget years beginning after June 30, 2011.
(4) The governing body of a school corporation that is not described in subdivision (1) or (3), not later than November 1.
Except in a consolidated city and county and in a second class city, the public hearing required by section 3 of this chapter must be completed at least ten (10) days before the proper officers of the political subdivision meet to fix the budget, tax rate, and tax levy. In a consolidated city and county and in a second class city, that public hearing, by any committee or by the entire fiscal body, may be held at any time after introduction of the budget.
(b) Ten (10) or more taxpayers may object to a budget, tax rate, or tax levy of a political subdivision fixed under subsection (a) by filing an objection petition with the proper officers of the political subdivision not more than seven (7) days after the hearing. The objection petition must specifically identify the provisions of the budget, tax rate, and tax levy to which the taxpayers object.
(c) If a petition is filed under subsection (b), the fiscal body of the political subdivision shall adopt with its budget a finding concerning the objections in the petition and any testimony presented at the adoption hearing.
(d) This subsection does not apply to a school corporation. Each year at least two (2) days before the first meeting of the county board
(1) The board of school trustees of a school corporation that is located in a city having a population of more than one hundred five thousand (105,000) but less than one hundred twenty thousand (120,000), not later than:
(A) the time required in section 5.6(b) of this chapter; or
(B) November 1 if a resolution adopted under section 5.6(d) of this chapter is in effect.
(2) The proper officers of all other political subdivisions that are not school corporations, not later than November 1.
(3) The governing body of a school corporation (other than a school corporation described in subdivision (1)) that elects to adopt a budget under section 5.6 of this chapter for budget years beginning after June 30, 2011, not later than the time required under section 5.6(b) of this chapter for budget years beginning after June 30, 2011.
(4) The governing body of a school corporation that is not described in subdivision (1) or (3), not later than November 1.
Except in a consolidated city and county and in a second class city, the public hearing required by section 3 of this chapter must be completed at least ten (10) days before the proper officers of the political subdivision meet to fix the budget, tax rate, and tax levy. In a consolidated city and county and in a second class city, that public hearing, by any committee or by the entire fiscal body, may be held at any time after introduction of the budget.
(b) Ten (10) or more taxpayers may object to a budget, tax rate, or tax levy of a political subdivision fixed under subsection (a) by filing an objection petition with the proper officers of the political subdivision not more than seven (7) days after the hearing. The objection petition must specifically identify the provisions of the budget, tax rate, and tax levy to which the taxpayers object.
(c) If a petition is filed under subsection (b), the fiscal body of the political subdivision shall adopt with its budget a finding concerning the objections in the petition and any testimony presented at the adoption hearing.
(d) This subsection does not apply to a school corporation. Each year at least two (2) days before the first meeting of the county board
of tax adjustment held under IC 6-1.1-29-4, a political subdivision shall
file with the county auditor:
(1) a statement of the tax rate and levy fixed by the political
subdivision for the ensuing budget year;
(2) two (2) copies of the budget adopted by the political
subdivision for the ensuing budget year; and
(3) two (2) copies of any findings adopted under subsection (c).
Each year the county auditor shall present these items to the county
board of tax adjustment at the board's first meeting under
IC 6-1.1-29-4.
(e) In a consolidated city and county and in a second class city, the
clerk of the fiscal body shall, notwithstanding subsection (d), file the
adopted budget and tax ordinances with the county board of tax
adjustment within two (2) days after the ordinances are signed by the
executive, or within two (2) days after action is taken by the fiscal body
to override a veto of the ordinances, whichever is later.
(f) If a fiscal body does not fix the budget, tax rate, and tax levy of
the political subdivisions for the ensuing budget year as required under
this section, the most recent annual appropriations and annual tax levy
are continued for the ensuing budget year.
(g) This subsection applies only to a township. If a township
does not comply with IC 12-20-5.5-1.5, the department may not
approve the budget and levy of the township.
SOURCE: IC 12-20-5.5-1.5; (12)IN0254.1.3. -->
SECTION 3. IC 12-20-5.5-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 1.5. (a) A township shall adopt
standards for the issuance of township assistance and the
processing of applications each calendar year. The township's
standards must be adopted by the township board not later than
March 31 of each year.
(b) The township trustee shall file the following with the county auditor not later than December 1 of each year:
(1) A statement:
(A) signed by all members of the township board;
(B) subject to the penalties for perjury; and
(C) stating whether the township board adopted the township's standards for the year preceding the ensuing calendar year.
(2) A statement by the township trustee:
(A) signed by the township trustee;
(B) subject to the penalties for perjury; and
(C) stating whether the trustee filed the township
(b) The township trustee shall file the following with the county auditor not later than December 1 of each year:
(1) A statement:
(A) signed by all members of the township board;
(B) subject to the penalties for perjury; and
(C) stating whether the township board adopted the township's standards for the year preceding the ensuing calendar year.
(2) A statement by the township trustee:
(A) signed by the township trustee;
(B) subject to the penalties for perjury; and
(C) stating whether the trustee filed the township
standards for the year preceding the ensuing calendar year
with the board of county commissioners.
The county auditor shall forward the statement to the department
of local government finance not later than December 31 each year.
(c) If the township board fails to adopt township standards for
the two (2) years preceding the ensuing year:
(1) the department of local government finance may not
approve the budget and levy of the township; and
(2) township board members may not receive any salary until
the township's standards for the ensuing calendar year are
adopted.
(d) If the township board adopts township standards and the
township trustee fails to file the township standards with the board
of county commissioners under section 1 of this chapter for the two
(2) years preceding the ensuing year:
(1) the department of local government finance may not
approve the budget and levy of the township; and
(2) the township trustee may not receive any salary until the
township's standards for the preceding calendar years are
filed with the board of county commissioners.
SOURCE: IC 12-20-5.5-4; (12)IN0254.1.4. -->
SECTION 4. IC 12-20-5.5-4, AS AMENDED BY P.L.73-2005,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 4. (a) This section does not apply to a township
trustee who has assisted less than fifty-one (51) households during each
of the two (2) years immediately preceding the date of the township
trustee's annual report under IC 12-20-28-3.
(b) To ensure minimum accessibility, a township trustee operating a township assistance office in a township with a population of at least ten thousand (10,000) shall provide scheduled office hours for township assistance and staff each office with an individual qualified to:
(1) determine eligibility; and
(2) issue relief sufficient to meet the township assistance needs of the township.
(c) To meet the requirements of subsection (b), the township trustee shall do the following:
(1) Provide township assistance office hours for at least fourteen (14) hours per week.
(2) Provide that there is not more than one (1) weekday between the days the township assistance office is open.
(3) Provide for after hours access to the township assistance office
by use of an answering machine or a service:
(A) capable of taking messages; and
(B) programmed to provide information about township
assistance office hours.
(4) Respond to a telephone inquiry for township assistance
services not more than twenty-four (24) hours, excluding
Saturdays, Sundays, and legal holidays, after receiving the
inquiry.
(5) (3) Post township assistance office hours and telephone
numbers at the entrance to each township assistance office.
(b) To ensure minimum accessibility, a township trustee operating a township assistance office in a township with a population of at least ten thousand (10,000) shall provide scheduled office hours for township assistance and staff each office with an individual qualified to:
(1) determine eligibility; and
(2) issue relief sufficient to meet the township assistance needs of the township.
(c) To meet the requirements of subsection (b), the township trustee shall do the following:
(1) Provide township assistance office hours for at least fourteen (14) hours per week.
(2) Provide that there is not more than one (1) weekday between the days the township assistance office is open.
SOURCE: IC 12-20-5.5-4.1; (12)IN0254.1.5. -->
SECTION 5. IC 12-20-5.5-4.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 4.1. A township trustee shall:
(1) provide for after hours access to the township assistance office by use of voicemail, an answering machine, or a service that:
(A) is capable of taking messages; and
(B) provides information about township assistance office hours; and
(2) respond to a telephone inquiry for township assistance services not more than twenty-four (24) hours, excluding Saturdays, Sundays, and legal holidays, after receiving the inquiry.
(1) provide for after hours access to the township assistance office by use of voicemail, an answering machine, or a service that:
(A) is capable of taking messages; and
(B) provides information about township assistance office hours; and
(2) respond to a telephone inquiry for township assistance services not more than twenty-four (24) hours, excluding Saturdays, Sundays, and legal holidays, after receiving the inquiry.
SOURCE: IC 12-20-6-7; (12)IN0254.1.6. -->
SECTION 6. IC 12-20-6-7, AS AMENDED BY P.L.73-2005,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 7. (a) In a case of emergency, a trustee shall
accept and promptly act upon a completed application from an
individual requesting assistance. In a nonemergency request for
township assistance, the trustee shall act on the completed application
not later than seventy-two (72) hours after receiving the application,
excluding weekends and legal holidays listed in IC 1-1-9. The trustee's
office shall retain a copy of each application and affidavit whether or
not relief is granted.
(b) The actions that a trustee may take on a completed application for township assistance, except in a case of emergency, are the following:
(1) Grant assistance.
(2) Deny assistance, including a partial denial of assistance requested.
(3) Leave the decision pending.
(c) A decision pending determination under subsection (b)(3):
(1) may not remain pending for more than seventy-two (72) hours after the expiration of the period described in subsection (a); and
(2) must include a statement listing the specific reasons that assistance is not granted or denied within the period required under subsection (a).
(d) If a trustee does not:
(1) accept a completed application for township assistance; or
(2) grant or deny a completed application for township assistance within the period required under this section;
the application is considered denied, and the denial may be appealed under IC 12-20-15.
(b) The actions that a trustee may take on a completed application for township assistance, except in a case of emergency, are the following:
(1) Grant assistance.
(2) Deny assistance, including a partial denial of assistance requested.
(3) Leave the decision pending.
(c) A decision pending determination under subsection (b)(3):
(1) may not remain pending for more than seventy-two (72) hours after the expiration of the period described in subsection (a); and
(2) must include a statement listing the specific reasons that assistance is not granted or denied within the period required under subsection (a).
(d) If a trustee does not:
(1) accept a completed application for township assistance; or
(2) grant or deny a completed application for township assistance within the period required under this section;
the application is considered denied, and the denial may be appealed under IC 12-20-15.
SOURCE: IC 12-20-15-1; (12)IN0254.1.7. -->
SECTION 7. IC 12-20-15-1, AS AMENDED BY P.L.73-2005,
SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. If an applicant for or recipient of township
assistance:
(1) is not satisfied with the decision of the township trustee, as administrator of township assistance; or
(2) has had an application denied under IC 12-20-6-7(d);
the applicant or recipient may appeal to the board of commissioners.
(1) is not satisfied with the decision of the township trustee, as administrator of township assistance; or
(2) has had an application denied under IC 12-20-6-7(d);
the applicant or recipient may appeal to the board of commissioners.
SOURCE: IC 12-20-15-2; (12)IN0254.1.8. -->
SECTION 8. IC 12-20-15-2, AS AMENDED BY P.L.73-2005,
SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 2. An applicant for township assistance must file
the applicant's appeal not more than fifteen (15) days from the date:
(1) of issuance by the township trustee of adequate written notice of the denial of township assistance as provided by IC 12-20-6-8; or
(2) the application is denied under IC 12-20-6-7(d).
An appeal must be made in writing or orally as required by the board of commissioners.
(1) of issuance by the township trustee of adequate written notice of the denial of township assistance as provided by IC 12-20-6-8; or
(2) the application is denied under IC 12-20-6-7(d).
An appeal must be made in writing or orally as required by the board of commissioners.
SOURCE: IC 36-1-8-18; (12)IN0254.1.9. -->
SECTION 9. IC 36-1-8-18 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 18. Each township office must include the address
and telephone number of the township office in at least one (1)
local telephone directory.
SOURCE: IC 36-6-4-12; (12)IN0254.1.10. -->
SECTION 10. IC 36-6-4-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 12. (a) At the annual
meeting of the township legislative body under IC 36-6-6-9, the
executive shall present a complete report of all receipts and
expenditures of the preceding calendar year, including the balance to
the credit of each fund controlled by the executive. If the executive
controls any money that is not included in a particular fund, then the
executive shall state all the facts concerning that money in the report.
(b) Each item of expenditure must be accompanied by the verified voucher of the person to whom the sum was paid, stating:
(1) why the payment was made;
(2) that the receipt is for the exact sum received;
(3) that no part of the sum has been retained by the executive; and
(4) that no part of the sum has been or is to be returned to the executive or any other person.
The executive may administer oaths to persons giving these receipts.
(c) If the executive's office is located in the executive's private residence, the report must separately list each expenditure that is made to reimburse the executive for the executive's use of the executive's private residence. The report must compare the square footage rate charged by the executive for rent of the office space in the executive's residence with the average square footage rate charged for comparable commercial office space in:
(A) the township; or
(B) the county seat of the county where the township is primarily located, if comparable commercial office space is not available in the township.
(c) (d) The executive shall swear or affirm that:
(1) the report shows all sums received byhim; the executive;
(2) the expenditures credited have been fully paid in the sums stated, without express or implied agreement that any part of the sums is to be retained by or returned to the executive or any other person; and
(3) the executive has received no money or other property in consideration of any contract entered into on behalf of the township.
(d) (e) Within ten (10) days after the legislative body's action under
IC 36-6-6-9, the executive shall file a copy of the report and its
accompanying vouchers, as adopted by the legislative body, in the
county auditor's office. The legislative body may, for the benefit of the
township, bring a civil action against the executive if the executive fails
to file the report within ten (10) days after the legislative body's action.
The legislative body may recover five dollars ($5) for each day beyond
the time limit for filing the report, until the report is filed.
(b) Each item of expenditure must be accompanied by the verified voucher of the person to whom the sum was paid, stating:
(1) why the payment was made;
(2) that the receipt is for the exact sum received;
(3) that no part of the sum has been retained by the executive; and
(4) that no part of the sum has been or is to be returned to the executive or any other person.
The executive may administer oaths to persons giving these receipts.
(c) If the executive's office is located in the executive's private residence, the report must separately list each expenditure that is made to reimburse the executive for the executive's use of the executive's private residence. The report must compare the square footage rate charged by the executive for rent of the office space in the executive's residence with the average square footage rate charged for comparable commercial office space in:
(A) the township; or
(B) the county seat of the county where the township is primarily located, if comparable commercial office space is not available in the township.
(1) the report shows all sums received by
(2) the expenditures credited have been fully paid in the sums stated, without express or implied agreement that any part of the sums is to be retained by or returned to the executive or any other person; and
(3) the executive has received no money or other property in consideration of any contract entered into on behalf of the township.
SOURCE: IC 36-6-4-17; (12)IN0254.1.11. -->
SECTION 11. IC 36-6-4-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 17. (a) An executive
who fails to perform a duty imposed by section 3(1), 3(2), 3(3), 3(4),
3(5), 3(7), 3(8), 5, or 14(1) of this chapter is liable to the township in
a sum of not more than one hundred dollars ($100), to be recovered in
a civil action brought in the name of the township.
(b) An executive is entitled to receive the following:
(1) The executive's salary.
(2) Reimbursement for expenses that are reasonably incurred by the executive for the following:
(A) The operation of the executive's office.
(B) Travel and meals while attending seminars or conferences on township matters.
(C) A sum for mileage as permitted under IC 36-6-8-3(b).
The executive may not make any other personal use of township funds without prior approval by the legislative body of the township.
(c) This subsection applies if the executive's office is located in the executive's personal residence. The executive may receive rental payments from the township for use of the office space if it is used for the conduct of official township business. An executive may not receive a rental payment for office space at a square footage rate that exceeds the average square footage rate charged for comparable commercial office space in:
(1) the township; or
(2) the county seat of the county where the township is primarily located, if comparable commercial office space is not available in the township.
The executive shall include the information regarding rental payments in the annual report under section 12 of this chapter.
(b) An executive is entitled to receive the following:
(1) The executive's salary.
(2) Reimbursement for expenses that are reasonably incurred by the executive for the following:
(A) The operation of the executive's office.
(B) Travel and meals while attending seminars or conferences on township matters.
(C) A sum for mileage as permitted under IC 36-6-8-3(b).
The executive may not make any other personal use of township funds without prior approval by the legislative body of the township.
(c) This subsection applies if the executive's office is located in the executive's personal residence. The executive may receive rental payments from the township for use of the office space if it is used for the conduct of official township business. An executive may not receive a rental payment for office space at a square footage rate that exceeds the average square footage rate charged for comparable commercial office space in:
(1) the township; or
(2) the county seat of the county where the township is primarily located, if comparable commercial office space is not available in the township.
The executive shall include the information regarding rental payments in the annual report under section 12 of this chapter.
SOURCE: IC 36-6-6-5; (12)IN0254.1.12. -->
SECTION 12. IC 36-6-6-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) A meeting of the
legislative body may be adjourned from day to day until its business is
completed.
(b) A public meeting or a public hearing of a township legislative body must be held in a public building or other public meeting place if one is available in the township.
(b) A public meeting or a public hearing of a township legislative body must be held in a public building or other public meeting place if one is available in the township.
SOURCE: IC 36-6-6-9; (12)IN0254.1.13. -->
SECTION 13. IC 36-6-6-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. (a) The legislative
body shall meet on or before the third Tuesday after the first Monday
in January 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 body may send for persons, books, and papers necessary in the examination of the report. A member may administer oaths necessary in the examination of the report.
(c) Any sum in the control of the executive that remains unexpended and is subject to no liability shall be credited in favor of the fund for which it was appropriated.
(d) Any fund expended, in whole or in part, for a purpose for which it was not appropriated shall be considered unexpended and in the
(b) The legislative body may send for persons, books, and papers necessary in the examination of the report. A member may administer oaths necessary in the examination of the report.
(c) Any sum in the control of the executive that remains unexpended and is subject to no liability shall be credited in favor of the fund for which it was appropriated.
(d) Any fund expended, in whole or in part, for a purpose for which it was not appropriated shall be considered unexpended and in the
control of the executive, who is liable on his bond for such an
expenditure.
(e) When its examination of the report is completed, the legislative
body shall take action on the report, specifying the parts of the report
that are altered or disallowed. The report remains under the control of
the legislative body and in custody of its chairman, who shall keep it
open to inspection by taxpayers of the township.
(f) The annual report must be filed with the state examiner
under IC 5-11-1-4 not later than March 1 of each year.
SOURCE: IC 36-6-6-10; (12)IN0254.1.14. -->
SECTION 14. IC 36-6-6-10, AS AMENDED BY P.L.146-2008,
SECTION 713, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: 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) The township legislative body shall fix the:
(1) salaries;
(2) wages;
(3) rates of hourly pay; and
(4) remuneration other than statutory allowances;
of all officers and employees of the township.
(c) Subject to subsection (d), the township legislative body may reduce the salary of an elected or appointed official. However, except as provided insubsection subsections (h) and (i), the official is entitled
to a salary that is not less than the salary fixed for the first year of the
term of office that immediately preceded the current term of office.
(d) Except as provided in subsection (h), the township legislative body may not alter the salaries of elected or appointed officers during the fiscal year for which they are fixed, but it may add or eliminate any other position and change the salary of any other employee, if the necessary funds and appropriations are available.
(e) If a change in the mileage allowance paid to state officers and employees is established by July 1 of any year, that change shall be included in the compensation fixed for the township executive and assessor under this section, to take effect January 1 of the next year. However, the township legislative body may by ordinance provide for the change in the sum per mile to take effect before January 1 of the next year.
(f) The township legislative body may not reduce the salary of the township executive without the consent of the township executive during the term of office of the township executive as set forth in IC 36-6-4-2.
(g) This subsection applies when a township executive dies or resigns from office. The person filling the vacancy of the township executive shall receive at least the same salary the previous township executive received for the remainder of the unexpired term of office of the township executive (as set forth in IC 36-6-4-2), unless the person consents to a reduction in salary.
(h) In a year in which there is not an election of members to the township legislative body, the township legislative body may by unanimous vote reduce the salaries of the members of the township legislative body by any amount.
(i) Beginning January 1, 2015, the salary paid to a township board member may not exceed five thousand dollars ($5,000) per year. Notwithstanding subsection (h), if necessary in order to comply with this subsection, a township legislative body shall vote in 2014 to reduce the salaries of the members of the township legislative body effective January 1, 2015. The salary reduction shall be made by a majority vote of the township legislative body.
(b) The township legislative body shall fix the:
(1) salaries;
(2) wages;
(3) rates of hourly pay; and
(4) remuneration other than statutory allowances;
of all officers and employees of the township.
(c) Subject to subsection (d), the township legislative body may reduce the salary of an elected or appointed official. However, except as provided in
(d) Except as provided in subsection (h), the township legislative body may not alter the salaries of elected or appointed officers during the fiscal year for which they are fixed, but it may add or eliminate any other position and change the salary of any other employee, if the necessary funds and appropriations are available.
(e) If a change in the mileage allowance paid to state officers and employees is established by July 1 of any year, that change shall be included in the compensation fixed for the township executive and assessor under this section, to take effect January 1 of the next year. However, the township legislative body may by ordinance provide for the change in the sum per mile to take effect before January 1 of the next year.
(f) The township legislative body may not reduce the salary of the township executive without the consent of the township executive during the term of office of the township executive as set forth in IC 36-6-4-2.
(g) This subsection applies when a township executive dies or resigns from office. The person filling the vacancy of the township executive shall receive at least the same salary the previous township executive received for the remainder of the unexpired term of office of the township executive (as set forth in IC 36-6-4-2), unless the person consents to a reduction in salary.
(h) In a year in which there is not an election of members to the township legislative body, the township legislative body may by unanimous vote reduce the salaries of the members of the township legislative body by any amount.
(i) Beginning January 1, 2015, the salary paid to a township board member may not exceed five thousand dollars ($5,000) per year. Notwithstanding subsection (h), if necessary in order to comply with this subsection, a township legislative body shall vote in 2014 to reduce the salaries of the members of the township legislative body effective January 1, 2015. The salary reduction shall be made by a majority vote of the township legislative body.
SOURCE: IC 36-6-8-3; (12)IN0254.1.15. -->
SECTION 15. IC 36-6-8-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) The annual
appropriations to a township executive for the expenses of renting an
office and telephone and telegraph expenses must, as nearly as is
possible, be equal to the actual cost of those items. Subject to
IC 36-6-4-17, if the township executive uses a part of the executive's
residence for an office, the township legislative body shall appropriate
a reasonable sum for that office space.
(b) The township executive is entitled to a sum for mileage in the performance of official duties equal to the sum per mile paid to state officers and employees. However, this subsection does not apply when the township executive uses a township vehicle in the performance of official duties.
(b) The township executive is entitled to a sum for mileage in the performance of official duties equal to the sum per mile paid to state officers and employees. However, this subsection does not apply when the township executive uses a township vehicle in the performance of official duties.
SOURCE: IC 36-6-9; (12)IN0254.1.16. -->
SECTION 16. IC 36-6-9 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]:
Chapter 9. Employment of Immediate Family Members
Sec. 1. This chapter applies only to a township that has a population of at least twenty-five thousand (25,000).
Sec. 2. This chapter does not apply to a township employee receiving less than ten thousand dollars ($10,000) in salary annually from the township.
Sec. 3. As used in this chapter, "immediate family member" means a spouse, child, stepchild, parent, or stepparent of an employee, including adoptive relationships.
Sec. 4. As used in this chapter, "township employee" means an individual who is employed by a township on a full-time, a part-time, a temporary, an intermittent, or an hourly basis.
Sec. 5. Beginning January 1, 2015, an individual who is an immediate family member of an elected or appointed officer or employee of a township may not be employed by the township in a position in which the individual would have a direct supervisory or subordinate relationship with the elected or appointed officer or employee who is the individual's immediate family member.
Sec. 6. This chapter does not require the termination or reassignment of any employee of a township from any position if the individual held the position before January 1, 2012.
Chapter 9. Employment of Immediate Family Members
Sec. 1. This chapter applies only to a township that has a population of at least twenty-five thousand (25,000).
Sec. 2. This chapter does not apply to a township employee receiving less than ten thousand dollars ($10,000) in salary annually from the township.
Sec. 3. As used in this chapter, "immediate family member" means a spouse, child, stepchild, parent, or stepparent of an employee, including adoptive relationships.
Sec. 4. As used in this chapter, "township employee" means an individual who is employed by a township on a full-time, a part-time, a temporary, an intermittent, or an hourly basis.
Sec. 5. Beginning January 1, 2015, an individual who is an immediate family member of an elected or appointed officer or employee of a township may not be employed by the township in a position in which the individual would have a direct supervisory or subordinate relationship with the elected or appointed officer or employee who is the individual's immediate family member.
Sec. 6. This chapter does not require the termination or reassignment of any employee of a township from any position if the individual held the position before January 1, 2012.
