Bill Text: IN SB0303 | 2011 | Regular Session | Amended
Bill Title: County government reorganization.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-02-22 - Senator Smith added as second author [SB0303 Detail]
Download: Indiana-2011-SB0303-Amended.html
Citations Affected: IC 3-5; IC 3-10; IC 3-11; IC 6-1.1; IC 13-11;
IC 36-1; IC 36-2; IC 36-3; IC 36-5.
Effective: Upon passage; July 1, 2011.
January 6, 2011, read first time and referred to Committee on Local Government.
February 17, 2011, amended, reported favorably _ Do Pass.
February 21, 2011, read second time, amended, ordered engrossed.
Digest Continued
eight years in any twelve year period. Provides that if the office of chief executive officer becomes vacant, the county council shall appoint an individual to serve as interim chief executive officer until the office is filled. Provides that in a county that has a chief executive officer, the number of registered voters equal to 2% of the votes cast in the last election for secretary of state in the county may petition the county council to adopt an ordinance requiring the election of a board of commissioners (instead of a single county chief executive officer) to serve as the: (1) county executive if the county is Lake or St. Joseph County; or (2) the county executive and legislative body in any other county (except Marion County). Eliminates the Marion County board of commissioners.
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
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(1) board of county commissioners, for a county
(A) does not have a consolidated city; and
(B) is not subject to IC 36-2-2.5;
(2) chief executive officer elected under IC 36-2-2.5, for a county that:
(A) does not have a consolidated city; and
(B) is subject to IC 36-2-2.5;
be printed in substantially the following form for all the offices for
which candidates have qualified under IC 3-8:
For paper ballots, print: To vote for a person, make a voting mark (X or .) on or in the box before the person's name in the proper column. For optical scan ballots, print: To vote for a person, darken or shade in the circle, oval, or square (or draw a line to connect the arrow) that precedes the person's name in the proper column. For optical scan ballots that do not contain a candidate's name, print: To vote for a person, darken or shade in the oval that precedes the number assigned to the person's name in the proper column. For electronic voting systems, print: To vote for a person, touch the screen (or press the button) in the location indicated.
Vote for one (1) only
Representative in Congress
[] (1) AB __________
[] (2) CD __________
[] (3) EF __________
[] (4) GH __________
(b) The offices with candidates for nomination shall be placed on the primary election ballot in the following order:
(1) Federal and state offices:
(A) President of the United States.
(B) United States Senator.
(C) Governor.
(D) United States Representative.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the superior court.
(C) Judge of the probate court.
(D) Judge of the county court, with each division separate, as required by IC 33-30-3-3.
(E) Prosecuting attorney.
(F) Circuit court clerk.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner, except in a county that is subject to IC 36-2-2.5.
(I) County chief executive officer, in a county that is subject to IC 36-2-2.5.
(5) Township offices:
(A) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
(B) Township trustee.
(C) Township board member.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(c) The political party offices with candidates for election shall be placed on the primary election ballot in the following order after the offices described in subsection (b):
(1) Precinct committeeman.
(2) State convention delegate.
(d) The following offices and public questions shall be placed on the primary election ballot in the following order after the offices described in subsection (c):
(1) School board offices to be elected at the primary election.
(2) Other Local offices to be elected at the primary election.
(3) Local public questions.
(e) The offices and public questions described in subsection (d) shall be placed:
(1) in a separate column on the ballot if voting is by paper ballot;
(2) after the offices described in subsection (c) in the form specified in IC 3-11-13-11 if voting is by ballot card; or
(3) either:
(A) on a separate screen for each office or public question; or
(B) after the offices described in subsection (c) in the form specified in IC 3-11-14-3.5;
if voting is by an electronic voting system.
(f) A public question shall be placed on the primary election ballot in the following form:
[] YES
[] NO
(1) Clerk of the circuit court.
(2) County auditor.
(3) County recorder.
(4) County treasurer.
(5) County sheriff.
(6) County coroner.
(7) County surveyor.
(8) County assessor.
(9) County commissioner, except in a county that is subject to IC 36-2-2.5.
(10) County chief executive officer, in a county that is subject to IC 36-2-2.5.
the general election ballot in the following order:
(1) Federal and state offices:
(A) President and Vice President of the United States.
(B) United States Senator.
(C) Governor and lieutenant governor.
(D) Secretary of state.
(E) Auditor of state.
(F) Treasurer of state.
(G) Attorney general.
(H) Superintendent of public instruction.
(I) United States Representative.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specified
under IC 33, with each division separate if there is more than
one (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwise specified
under IC 33, with each division separate if there is more than
one (1) judge of the superior court.
(C) Judge of the probate court.
(D) Judge of the county court, with each division separate, as
required by IC 33-30-3-3.
(E) Prosecuting attorney.
(F) Clerk of the circuit court.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner, except in a county that is subject
to IC 36-2-2.5.
(I) County chief executive officer, in a county that is
subject to IC 36-2-2.5.
(I) (J) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to in
IC 36-6-5-1(d)).
(B) Township trustee.
(C) Township board member.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(b) As used in this section, "vacant parcel" refers to a parcel that satisfies all the following:
(1) A lien has been acquired on the parcel under section 6(a) of this chapter.
(2) The parcel is unimproved on the date the parcel is offered for sale under this chapter.
(3) The construction of a structure intended for residential use on the parcel is permitted by law.
(4) On the date the parcel is offered for sale under this chapter, the parcel is contiguous to one (1) or more parcels that satisfy the following:
(A) One (1) or more of the following are located on the contiguous parcel:
(i) A structure occupied for residential use.
(ii) A structure used in conjunction with a structure occupied for residential use.
(B) The contiguous parcel is eligible for the standard deduction under IC 6-1.1-12-37.
(c) The county legislative body may, by ordinance, establish criteria for the identification of vacant parcels to be offered for sale under this section. The criteria may include the following:
(1) Limitations on the use of the parcel under local zoning and land use requirements.
(2) Minimum parcel area sufficient for construction of improvements.
(3) Any other factor considered appropriate by the county legislative body.
In a county containing a consolidated city, the county legislative body may adopt an ordinance under this subsection only upon recommendation by the
(d) If the county legislative body adopts an ordinance under subsection (c), the county executive shall for each tax sale:
(1) by resolution, identify each vacant parcel that the county executive desires to sell under this section; and
(2) subject to subsection (e), give written notice to the owner of record of each parcel referred to in subsection (b)(4) that is contiguous to the vacant parcel.
(e) The notice under subsection (d)(2) with respect to each vacant parcel must include at least the following:
(1) A description of the vacant parcel by:
(A) legal description; and
(B) parcel number or street address, or both.
(2) Notice that the county executive will accept written applications from owners of parcels described in subsection (b)(4) as provided in subsection (f).
(3) Notice of the deadline for applications referred to in subdivision (2) and of the information to be included in the applications.
(4) Notice that the vacant parcel will be sold to the successful applicant for one dollar ($1).
(5) Notice of the exemption provisions of subsection (l).
(f) To be eligible to purchase a vacant parcel under this section, the owner of a contiguous parcel referred to in subsection (b)(4) must file a written application with the county executive. The application must:
(1) identify the vacant parcel that the applicant desires to purchase; and
(2) include any other information required by the county executive.
(g) If more than one (1) application to purchase a single vacant parcel is filed with the county executive, the county executive shall conduct a drawing between or among the applicants in which each applicant has an equal chance to be selected as the transferee of the vacant parcel.
(h) The county executive shall by resolution make a final
determination concerning the vacant parcels that are to be sold under
this section.
(i) After the final determination of vacant parcels to be sold under
subsection (h), the county executive shall:
(1) on behalf of the county, cause all delinquent taxes, special
assessments, penalties, interest, and costs of sale with respect to
the vacant parcels to be removed from the tax duplicate;
(2) give notice of the final determination to:
(A) the successful applicant;
(B) the county auditor; and
(C) the township assessor, or the county assessor if there is no
township assessor for the township.
(j) Upon receipt of notice under subsection (i)(2):
(1) the county auditor shall:
(A) collect the purchase price from each successful applicant;
and
(B) subject to subsection (k), prepare a deed transferring each
vacant parcel to the successful applicant; and
(2) the township assessor or county assessor shall consolidate
each vacant parcel sold and the contiguous parcel owned by the
successful applicant into a single parcel.
(k) The county auditor shall include in the deed prepared under
subsection (j)(1)(B) reference to the exemption under subsection (l).
(l) Except as provided in subsection (m), each consolidated parcel
referred to in subsection (j)(2) is entitled to an exemption from property
taxation beginning on the assessment date that next succeeds the
consolidation in the amount of the assessed value at the time of
consolidation of the vacant parcel that was subject to the consolidation.
(m) The exemption under subsection (l) is terminated as of the
assessment date that next succeeds the earlier of the following:
(1) Five (5) years after the transfer of title to the successful
applicant.
(2) The first transfer of title to the consolidated parcel that occurs
after the consolidation.
(1) board of commissioners of a county
(A) does not have a consolidated city; and
(B) is not subject to IC 36-2-2.5;
(2) chief executive officer elected under IC 36-2-2.5, for a county that:
(A) does not have a consolidated city; and
(B) is subject to IC 36-2-2.5;
(1) board of commissioners, for a county
(A) does not have a consolidated city; and
(B) is not subject to IC 36-2-2.5;
(2) chief executive officer elected under IC 36-2-2.5, for a county that:
(A) does not have a consolidated city; and
(B) is subject to IC 36-2-2.5;
(1) board of county commissioners, for a county not subject to IC 36-2-2.5, IC 36-2-3.5, or IC 36-3-1;
(2) county council, for a county subject to IC 36-2-2.5 or IC 36-2-3.5;
(3) city-county council, for a consolidated city or county having a consolidated city;
(4) common council, for a city other than a consolidated city;
(5) town council, for a town;
(6) township board, for a township;
(7) governing body of any other political subdivision that has a governing body; or
(8) chief executive officer of any other political subdivision that does not have a governing body.
(b) If there is no constitutional or statutory provision requiring a specific manner for exercising a power, a unit wanting to exercise the power must either:
(1) if the unit is a county or municipality, adopt an ordinance prescribing a specific manner for exercising the power;
(2) if the unit is a township, adopt a resolution prescribing a specific manner for exercising the power; or
(3) comply with a statutory provision permitting a specific manner for exercising the power.
(c) An ordinance under subsection (b)(1) must be adopted as follows:
(1) In a municipality, by the legislative body of the municipality.
(2) In a county subject to IC 36-2-2.5, IC 36-2-3.5, or IC 36-3-1, by the legislative body of the county.
(3) In any other county, by the executive of the county.
(d) A resolution under subsection (b)(2) must be adopted by the legislative body of the township.
(1) A county having a consolidated city.
(2) A county in which a county chief executive officer has been elected and is serving under IC 36-2-2.5.
(1) more than four hundred thousand (400,000) but less than seven hundred thousand (700,000); or
(2) more than two hundred thousand (200,000) but less than three hundred thousand (300,000).
The executive shall divide the county into three (3) districts that are composed of contiguous territory and are reasonably compact. The district boundaries drawn by the executive must not cross precinct boundary lines and must divide townships only when a division is clearly necessary to accomplish redistricting under this section. If necessary, the county auditor shall call a special meeting of the executive to establish or revise districts.
(b) This subsection applies to a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000). A county redistricting commission shall divide the
county into three (3) single-member districts that comply with
subsection (d). The commission is composed of:
(1) the members of the Indiana election commission;
(2) two (2) members of the senate selected by the president pro
tempore, one (1) from each political party; and
(3) two (2) members of the house of representatives selected by
the speaker, one (1) from each political party.
The legislative members of the commission have no vote and may act
only in an advisory capacity. A majority vote of the voting members is
required for the commission to take action. The commission may meet
as frequently as necessary to perform its duty under this subsection.
The commission's members serve without additional compensation
above that provided for them as members of the Indiana election
commission, the senate, or the house of representatives. If a county to
which this subsection applies adopts a county government
structure in which a chief executive officer is elected under
IC 36-2-2.5, the county redistricting commission under this
subsection is not abolished and continues in existence for purposes
of dividing, as necessary, the county into county council districts.
(c) This subsection applies to a county having a population of more
than two hundred thousand (200,000) but less than three hundred
thousand (300,000). The executive shall divide the county into three
(3) single-member districts that comply with subsection (d).
(d) Single-member districts established under subsection (b) or (c)
must:
(1) be compact, subject only to natural boundary lines (such as
railroads, major highways, rivers, creeks, parks, and major
industrial complexes);
(2) contain, as nearly as is possible, equal population; and
(3) not cross precinct lines.
(e) A division under subsection (a), (b), or (c) shall be made:
(1) during the first year after a year in which a federal decennial
census is conducted; and
(2) when the county adopts an order declaring a county boundary
to be changed under IC 36-2-1-2.
(f) A division under subsection (a), (b), or (c) may be made in any
odd-numbered year not described in subsection (e).
Chapter 2.4. Determination of County Government Structure
Sec. 1. This chapter does not apply to a county having a
consolidated city.
Sec. 2. Subject to section 3 of this chapter, the executive of a
county may adopt an ordinance providing that the voters of the
county shall elect:
(1) a single county chief executive officer under IC 36-2-2.5
who has the executive powers and duties of the county; and
(2) a county council that has the legislative and fiscal powers
and duties of the county.
Sec. 3. Notwithstanding any other law, to be adopted under
section 2 of this chapter, an ordinance must be approved by a
unanimous vote of all the elected members of the county executive.
Sec. 4. An ordinance may be adopted under this chapter only:
(1) during an odd-numbered year; or
(2) before July 1 of an even-numbered year.
Chapter 2.5. County Chief Executive Officer
Sec. 1. Except as specifically provided by law, this chapter applies to each county:
(1) that does not have a consolidated city; and
(2) in which an ordinance under IC 36-2-2.4 making the county executive a single county chief executive officer has been approved.
Sec. 2. As used in this chapter, "chief executive officer" means the county chief executive officer elected under IC 3-10-2-13.
Sec. 3. In a county to which this chapter applies:
(1) the voters of the county:
(A) shall elect one (1) chief executive officer in the second general election after the ordinance under IC 36-2-2.4 is approved and every four (4) years thereafter; and
(B) beginning with the second general election after the ordinance under IC 36-2-2.4 is approved, shall not elect a board of county commissioners;
(2) the board of county commissioners for the county is abolished January 1 of the year following the year in which the first county chief executive officer is elected; and
(3) notwithstanding IC 36-2-2-3, the term of each county commissioner serving on December 31 of the year in which the first county chief executive officer is elected expires January 1 of the year following the year in which the first county chief executive officer is elected.
Sec. 4. (a) The term of office of a chief executive officer is four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified. An individual is not eligible to serve as chief executive officer more than eight (8) years in any period of twelve (12) years.
(b) To be eligible for election as the chief executive officer, an individual must meet the qualifications prescribed by IC 3-8-1-21. If an individual does not remain a resident of the county after taking office as the chief executive officer, the individual forfeits the office. The county legislative body shall declare the office vacant whenever the chief executive officer forfeits office under this subsection.
(c) If the office of chief executive officer becomes vacant, the county council shall appoint an individual to serve as chief executive officer until the office is filled under IC 3-13.
Sec. 5. (a) On January 1 following the year in which the first county chief executive officer is elected, all of the property, assets, funds, equipment, records, rights, contracts, obligations, and liabilities of the board of county commissioners of a county are transferred to or assumed by the chief executive officer.
(b) The abolishment of the board of county commissioners of a county on January 1 following the year in which the first county chief executive officer is elected does not invalidate:
(1) any ordinances, resolutions, fees, schedules, or other actions adopted or taken by the board of county commissioners before the board is abolished; or
(2) any appointments made by the board of county commissioners before the board is abolished.
Sec. 6. (a) All powers and duties of the county that are executive or administrative in nature (including any power of appointment related to executive or administrative functions) shall be exercised or performed by the chief executive officer, except to the extent that these powers and duties are expressly assigned by law to another elected or appointed officer. The chief executive officer shall transact the business of the county in the name of "The Chief Executive Officer of the County of ________".
(b) For purposes of a county subject to this chapter, after December 31 of the year in which the first county chief executive officer is elected, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code;
(3) in an ordinance or resolution; or
(4) in any deed, lease, contract, or other official document or instrument;
to the board of commissioners pertaining to the executive powers of a county shall be considered a reference to the chief executive officer of the county.
(c) For purposes of a county subject to this chapter, after December 31 of the year in which the first county chief executive officer is elected, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code;
(3) in an ordinance or resolution; or
(4) in any deed, lease, contract, or other official document or instrument;
related to the executive powers and duties of the board of county commissioners shall be considered a reference to the powers and duties of the chief executive officer of the county.
(d) For purposes of a county subject to this chapter, after December 31 of the year in which the first county chief executive officer is elected, the county council has the legislative and fiscal powers and duties of the county as provided in IC 36-2-3.7.
Sec. 7. The chief executive officer shall do the following:
(1) Report on the condition of the county before March 1 of each year to the county legislative body and to the residents of the county.
(2) Recommend before March 1 of each year to the county legislative body any action or program the chief executive officer considers necessary for the improvement of the county and the welfare of county residents.
(3) Submit to the county legislative body an annual budget in accordance with IC 36-2-5.
(4) Establish the procedures to be followed by all county departments, offices, and agencies under the chief executive officer's jurisdiction to the extent these procedures are not expressly assigned by law to another elected or appointed officer.
(5) Administer all statutes, ordinances, and regulations applicable to the county, to the extent the administration of these matters is not expressly assigned by law to another elected or appointed officer.
(6) Supervise the care and custody of all county property.
(7) Supervise the collection of revenues and control all disbursements and expenditures, and prepare a complete
account of all expenditures, to the extent these matters are not
expressly assigned by law to another elected or appointed
officer.
(8) Review, analyze, and forecast trends for county services
and finances and programs of all county governmental
entities, and report and recommend on these to the county
legislative body by March 15 of each year.
(9) Negotiate contracts for the county.
(10) Make recommendations concerning the nature and
location of county improvements, and provide for the
execution of those improvements.
(11) Supervise county administrative offices, except for the
offices of elected officers.
(12) Do the following in January of each year:
(A) Make a settlement with the county treasurer for the
preceding calendar year and include a copy of the
settlement sheet in the order book of the chief executive
officer.
(B) 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
employee. The executive shall post this statement at the
courthouse door and two (2) other places in the county and
shall publish it in the manner prescribed by IC 5-3-1.
(13) Perform other duties and functions that are assigned to
the chief executive officer by statute or ordinance.
Sec. 8. The chief executive officer may do any of the following:
(1) Order any department, office, or agency under the chief
executive officer's jurisdiction to undertake any task for
another department, office, or agency under the chief
executive officer's jurisdiction on a temporary basis, if
necessary for the proper and efficient administration of
county government.
(2) Establish and administer centralized budgeting,
centralized personnel selection, and centralized purchasing.
(3) Audit the accounts of officers who deal with money
belonging to or appropriated for the benefit of the county.
(4) Approve accounts chargeable against the county and
direct the raising of money necessary for county expenses.
(5) Make orders concerning county property, including orders
for:
(A) 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
(B) the acquisition of land for a public square and the maintenance of that square.
However, a conveyance or purchase by a county of land having a value of one thousand dollars ($1,000) or more must be authorized by an ordinance of the county legislative body fixing the terms and conditions of the transaction.
Sec. 9. (a) The chief executive officer 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 the courthouse or at the county seat.
(c) Offices for the sheriff may be located:
(1) in the courthouse;
(2) inside the corporate limits of the county seat; or
(3) outside the corporate limits of the county seat but within the limits of the county.
Sec. 10. (a) The chief executive officer may grant licenses, permits, or franchises for the use of county property if the licenses, permits, or franchises:
(1) are not exclusive;
(2) are of a definite duration; and
(3) are assignable only with the consent of the chief executive officer.
(b) If a public utility or municipally owned or operated utility that carries on business outside the corporate boundaries of municipalities in the county is engaged in an activity substantially similar to that for which a license, permit, or franchise for the use of county property is sought, the chief executive officer may grant the license, permit, or franchise only with the consent of the utility regulatory commission. The commission may give its consent only if it determines, after a public hearing of all interested parties, that public necessity and convenience require the substantially similar activity.
(c) The provisions of this section that concern securing the consent of the utility regulatory commission do not apply to municipally owned or operated utilities.
Sec. 11. Notwithstanding any other law, if a statute requires a county executive to take an executive action by ordinance or
resolution, a chief executive officer shall instead take the action by
issuing an executive order.
Sec. 12. (a) If the chief executive officer is disqualified from
acting in a quasi-judicial proceeding, the chief executive officer
shall cease to act in that proceeding. Not later than ten (10) days
after the finding that the chief executive officer is disqualified to
act in a proceeding, the county auditor shall send a certified copy
of the record of the proceeding to the judge of the circuit court for
the county. If the judge affirms the disqualification of the chief
executive officer, the judge shall appoint a disinterested and
competent person to serve as a special executive in the proceeding.
(b) A person who consents to serve as a special executive must
have the same qualifications as an elected chief executive officer.
The person's appointment and oath shall be filed with the county
auditor and entered on the records of the chief executive officer. A
person appointed as a special executive may conduct the
proceeding until a final determination is reached.
Sec. 13. The chief executive officer shall keep the chief executive
officer's office open on each business day.
Sec. 14. Appointments made by the chief executive officer shall
be certified by the county auditor, under the seal of the chief
executive officer.
Sec. 15. (a) The chief executive officer 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 chief executive officer to be necessary to the public
interest.
(b) If a person's employment under subsection (a) is not
expressly authorized by statute, the contract for the person's
employment must be filed with the circuit court for the county, and
the person must file the person's claims for compensation with that
court. Any taxpayer may contest a claim under this section.
(c) A chief executive officer who recklessly violates this section
commits a Class C misdemeanor and forfeits the person's office.
Sec. 16. The chief executive officer shall appear before the
legislative body of the county at least once each month and at other
times as needed to conduct all necessary county business.
Sec. 17. (a) A party to a proceeding before the chief executive
officer who is aggrieved by a decision of the chief executive officer
may appeal that decision to the circuit court for the county.
(b) A person who is not a party to a proceeding before the chief
executive officer may appeal a decision of the chief executive
officer only if the person files with the county auditor an affidavit:
(1) specifically setting forth the person's interest in the matter
decided; and
(2) alleging that the person is aggrieved by the decision of the
chief executive officer.
(c) An appeal under this section must be taken not later than
thirty (30) days after the chief executive officer makes the decision
by which the appellant is aggrieved.
(d) An appellant under this section must file with the county
auditor a bond conditioned on due prosecution of the appeal. The
bond is subject to approval by the county auditor and must be in
an amount sufficient to provide security for court costs.
(e) Not later than twenty (20) days after the county auditor
receives the appeal bond, the county auditor shall prepare a
complete transcript of the proceedings of the chief executive officer
related to the decision appealed from and shall deliver the
transcript, all documents filed during the proceedings, and the
appeal bond to the clerk of the circuit court.
Sec. 18. (a) An appeal under section 17 of this chapter shall be
docketed among the other causes pending in the circuit court and
shall be tried as an original cause.
(b) A court may decide an appeal under section 17 of this
chapter by:
(1) affirming the decision of the chief executive officer; or
(2) remanding the cause to the chief executive officer with
directions as to how to proceed;
and may require the chief executive officer to comply with this
decision.
Sec. 19. (a) The county auditor or the chief executive officer may
administer any oaths required by this chapter.
(b) The county sheriff or a county police officer shall attend the
meetings of the chief executive officer, if requested by the chief
executive officer, and shall execute the chief executive officer's
orders.
Sec. 20. (a) Appointments made by the chief executive officer
shall be certified by the county auditor, under the seal of the chief
executive officer.
(b) If a copy of the chief executive officer's proceedings has been
signed and sealed by the county auditor and introduced into
evidence in court, that copy is presumed to be an accurate record
of the chief executive officer's proceedings.
Sec. 21. If publication of a notice, report, or statement of any
kind is required and a county is liable for the cost of that
publication, the chief executive officer may not make or pay for
publication in more than one (1) newspaper unless publication in
two (2) newspapers is required. A person who violates this section
commits a Class C infraction.
Sec. 22. (a) The chief executive officer may employ and fix the
compensation of an attorney to represent and advise the executive.
(b) For purposes of Article 2, Section 9 of the Constitution of the
State of Indiana, employment by a chief executive officer as an
attorney does not constitute a lucrative office.
Chapter 2.6. Petition to Change County Government Structure; County Council Approval
Sec. 1. This chapter applies to a county that elects a county chief executive officer under IC 36-2-2.5.
Sec. 2. This chapter does not apply to a county that has a consolidated city.
Sec. 3. A petition may be submitted to the county council, signed by at least the number of registered voters equal to two percent (2%) of the votes cast in the last election for secretary of state in the county, requesting the county council to adopt an ordinance changing county government structure as follows:
(1) The county executive would be a three (3) member board of county commissioners, elected under IC 36-2-2.
(2) The office of county chief executive officer would be abolished.
(3) If the county is not subject to IC 36-2-3.5, the county legislative body would be the board of county commissioners.
(4) If the county is subject to IC 36-2-3.5, the county legislative body would be the county council.
(5) The county council would continue to be the county fiscal body.
Sec. 4. Except as provided in section 9 and 10 of this chapter, a petition under section 3 of this chapter must be submitted to the county council:
(1) not earlier than January 1; and
(2) not later than July 1;
of the year preceding the year in which a county chief executive
officer would be elected.
Sec. 5. (a) If a petition is submitted as provided in this chapter,
the county council may adopt an ordinance providing that the
voters of the county shall elect:
(1) a three (3) member board of commissioners that has the:
(A) executive and legislative powers and duties of the
county if the county is not subject to IC 36-2-3.5; or
(B) executive powers and duties of the county if the county
is subject to IC 36-2-3.5; and
(2) a county council that has the:
(A) fiscal powers and duties of the county if the county is
not subject to IC 36-2-3.5; or
(B) fiscal and legislative powers and duties of the county if
the county is subject to IC 36-2-3.5.
(b) If the county council does not vote to approve or disapprove
the adoption of an ordinance to change the structure of county
government as set forth in subsection (a) by December 31 of the
year preceding the year in which a county chief executive officer
would be elected, the county council shall be considered to have
adopted an ordinance approving the change in structure of county
government as set forth in subsection (a).
Sec. 6. If the county council adopts an ordinance approving the
change in county government structure under section 5(a) of this
chapter or does not vote to approve or disapprove the change in
county government structure under section 5(b) of this chapter, the
office of county commissioner shall be placed on the primary
election ballot for the county in the year following the year the
petition is submitted, and the office shall be elected in the next
general election in the county.
Sec. 7. On January 1 in the year following the year that the
board of commissioners is elected under this chapter, the following
occurs:
(1) The office of county chief executive officer is abolished and
the term of the county chief executive officer expires.
(2) The county is not subject to IC 36-2-2.5 and IC 36-2-3.7.
(3) The county executive is the board of county commissioners
elected under IC 36-2-2. The board of county commissioners
has all powers that are executive or administrative in nature.
(4) If the county is not subject to IC 36-2-3.5, the county
legislative body is the board of county commissioners. All
powers that are legislative in nature are transferred from the
county fiscal body to the board of county commissioners.
(5) If the county is subject to IC 36-2-3.5, the county legislative body is the county council.
(6) The county council is the county fiscal body.
(7) All of the property, assets, funds, equipment, records, rights, contracts, obligations, and liabilities of the county chief executive officer are transferred to or assumed by the board of county commissioners.
Sec. 8. The abolishment of the office of the county executive officer on January 1 following the year in which the board of county commissioners is elected does not invalidate:
(1) any resolutions, fees, schedules, or other actions adopted or taken by the county chief executive officer before the office is abolished; or
(2) any appointments made by the county chief executive officer before the office is abolished.
Sec. 9. (a) The first petition under section 3 of this chapter in a particular county:
(1) may not be submitted to the county fiscal body during the term of the first elected county chief executive officer; and
(2) may be submitted:
(A) not earlier than January 1; and
(B) not later than July 1;
of the year preceding the year in which a second county chief executive officer would be elected.
(b) The county council may not vote to approve or disapprove an ordinance as a result of a petition filed under this chapter to change county government structure until the year preceding the year in which a second county chief executive officer would be elected.
Sec. 10. A petition may not be filed under section 3 of this chapter more than once every eight (8) years.
(1) more than four hundred thousand (400,000) but less than seven hundred thousand (700,000); or
(2) more than two hundred thousand (200,000) but less than three hundred thousand (300,000).
The county executive shall by ordinance or, in a county subject to IC 36-2-2.5, by resolution divide the county into four (4) contiguous, single-member districts that comply with subsection (d). If necessary,
the county auditor shall call a special meeting of the executive to
establish or revise districts. One (1) member of the fiscal body shall be
elected by the voters of each of the four (4) districts. Three (3) at-large
members of the fiscal body shall be elected by the voters of the whole
county.
(b) This subsection applies to a county having a population of more
than four hundred thousand (400,000) but less than seven hundred
thousand (700,000). The county redistricting commission established
under IC 36-2-2-4 shall divide the county into seven (7) single-member
districts that comply with subsection (d). One (1) member of the fiscal
body shall be elected by the voters of each of these seven (7)
single-member districts.
(c) This subsection applies to a county having a population of more
than two hundred thousand (200,000) but less than three hundred
thousand (300,000). The fiscal body shall divide the county into nine
(9) single-member districts that comply with subsection (d). Three (3)
of these districts must be contained within each of the three (3) districts
established under IC 36-2-2-4(c). One (1) member of the fiscal body
shall be elected by the voters of each of these nine (9) single-member
districts.
(d) Single-member districts established under subsection (a), (b), or
(c) must:
(1) be compact, subject only to natural boundary lines (such as
railroads, major highways, rivers, creeks, parks, and major
industrial complexes);
(2) not cross precinct boundary lines;
(3) contain, as nearly as possible, equal population; and
(4) include whole townships, except when a division is clearly
necessary to accomplish redistricting under this section.
(e) A division under subsection (a), (b), or (c) shall be made:
(1) during the first year after a year in which a federal decennial
census is conducted; and
(2) when the county executive adopts an order declaring a county
boundary to be changed under IC 36-2-1-2.
(f) A division under subsection (a), (b), or (c) may be made in any
odd-numbered year not described in subsection (e).
(1) a county having a population of:
(A) more than four hundred thousand (400,000) but less than seven hundred thousand (700,000); or
(B) more than two hundred thousand (200,000) but less than three hundred thousand (300,000); and
(2) any other county not having a consolidated city, if both the county executive and the county fiscal body adopt identical ordinances providing for the county to be governed by this chapter beginning on a specified effective date.
(b) Except as provided in section 6(c) of this chapter and IC 36-2-2.6, this chapter does not apply to a county beginning after December 31 of the year in which a chief executive officer is first elected under IC 36-2-2.5.
(b) Final judgment on the merits in such a case shall be made within thirty (30) days of the stay of election order. If the redistricting is found not to be in compliance with law, the court shall retain jurisdiction and shall order the proper officials to submit within thirty (30) days a redistricting plan complying with law. If the proper officials fail to comply with the order, the court shall order the Indiana election commission to divide the county into districts in compliance with law.
(c) If this chapter applied to a county at the time a chief executive officer is first elected under IC 36-2-2.5, this section continues to apply to the county after the election of the chief executive officer.
Chapter 3.7. County Council as the County Legislative Body
Sec. 1. Except as specifically provided by law, this chapter applies to each county:
(1) that does not have a consolidated city; and
(2) in which an ordinance under IC 36-2-2.4 making the county executive a single county chief executive officer has been approved.
Sec. 2. As used in this chapter, "chief executive officer" means the county chief executive officer elected under IC 3-10-2-13.
Sec. 3. In a county to which this chapter applies:
(1) the voters of the county shall continue to elect members of
the county council; and
(2) beginning on January 1 following the year in which the
first county chief executive officer is elected:
(A) the executive and legislative powers of the county are
divided between separate branches of county government,
and a power belonging to one (1) branch of county
government may not be exercised by the other branch of
county government;
(B) the county council is the county legislative body as well
as the county fiscal body; and
(C) the chief executive officer is the county executive of the
county and has the executive and administrative powers
and duties of the county as provided in IC 36-2-2.5.
Sec. 4. (a) All powers and duties of the county that are legislative
in nature (including any power of appointment related to
legislative functions) shall be exercised or performed by the county
council functioning as the county legislative body.
(b) The county council has the same legislative powers and
duties that the board of county commissioners in the county had
before the board of county commissioners was abolished.
(c) For purposes of a county subject to this chapter, after
December 31 of the year in which the first county chief executive
officer is elected, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code;
(3) in an ordinance or resolution; or
(4) in any deed, lease, contract, or other official document or
instrument;
to the board of commissioners pertaining to the legislative powers
of a county shall be considered a reference to the county council of
the county.
(d) For purposes of a county subject to this chapter, after
December 31 of the year in which the first county chief executive
officer is elected, any reference:
(1) in the Indiana Code;
(2) in the Indiana Administrative Code;
(3) in an ordinance or resolution; or
(4) in any deed, lease, contract, or other official document or
instrument;
related to the legislative powers and duties of the board of county
commissioners shall be considered a reference to the powers and
duties of the county council of the county.
Sec. 5. The county council may do any of the following:
(1) Establish committees that are necessary to carry out the county council's functions.
(2) Employ legal and administrative personnel necessary to carry out the county council's functions.
(3) Pass all ordinances, orders, resolutions, and motions for the government of the county, in the manner prescribed by IC 36-2-4.
(4) Receive gifts, bequests, and grants from public or private sources.
(5) Conduct investigations into the conduct of county business for the purpose of correcting deficiencies and ensuring adherence to law and county ordinances and policies.
(6) Establish, by ordinance, new county departments, divisions, or agencies whenever necessary to promote efficient county government.
(b) An ordinance prescribing a penalty or forfeiture for a violation must, before it takes effect, be published once each week for two (2) consecutive weeks, according to IC 5-3-1. However, if such an ordinance is adopted by the legislative body of a county subject to IC 36-2-2.5 or IC 36-2-3.5 and there is an urgent necessity requiring its immediate effectiveness, it need not be published if:
(1) the county executive proclaims the urgent necessity; and
(2) copies of the ordinance are posted in three (3) public places in each of the districts of the county before it takes effect.
(c) The following apply in addition to the other requirements of this section:
(1) An ordinance or resolution passed by the legislative body of a county subject to IC 36-2-3.5 is considered adopted only if it is:
(A) approved by signature of a majority of the county executive;
(B) neither approved nor vetoed by a majority of the executive, within ten (10) days after passage by the legislative body; or
(C) passed over the veto of the executive by a two-thirds (2/3) vote of the legislative body, within sixty (60) days after presentation of the ordinance or resolution to the executive.
(2) The legislative body of a county shall:
(A) subject to subdivision (3), give written notice to the department of environmental management not later than sixty (60) days before amendment or repeal of an environmental restrictive ordinance; and
(B) give written notice to the department of environmental management not later than thirty (30) days after passage, amendment, or repeal of an environmental restrictive ordinance.
(3) Upon written request by the legislative body, the department of environmental management may waive the notice requirement of subdivision (2)(A).
(4) An environmental restrictive ordinance passed or amended after 2009 by the legislative body must state the notice requirements of subdivision (2).
(5) The failure of an environmental restrictive ordinance to comply with subdivision (4) does not void the ordinance.
(d) After an ordinance or resolution passed by the legislative body of a county subject to IC 36-2-3.5 has been signed by the presiding officer, the county auditor shall present it to the county executive, and record the time of the presentation. Within ten (10) days after an ordinance or resolution is presented to it, the executive shall:
(1) approve the ordinance or resolution, by signature of a majority of the executive, and send the legislative body a message announcing its approval; or
(2) veto the ordinance or resolution, by returning it to the legislative body with a message announcing its veto and stating its reasons for the veto.
(e) This section does not apply to a zoning ordinance or amendment to a zoning ordinance, or a resolution approving a comprehensive plan, that is adopted under IC 36-7.
(f) An ordinance increasing a building permit fee on new development must:
(1) be published:
(A) one (1) time in accordance with IC 5-3-1; and
(B) not later than thirty (30) days after the ordinance is adopted by the legislative body in accordance with IC 5-3-1; and
(2) delay the implementation of the fee increase for ninety (90) days after the date the ordinance is published under subdivision (1).
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. (a) When a first class
city becomes a consolidated city, the officers who become the
executive and legislative body of the consolidated city under section
4(c) of this chapter also become the executive and legislative body of
the county.
(b) The members of the board of commissioners of the county are
entitled to remain in office until their terms expire, although the board
is no longer the executive of the county. As their terms expire or their
positions become vacant, they shall be replaced by the following
officers in the following order:
(1) The county treasurer.
(2) The county auditor.
(3) The county assessor.
These three (3) officers then serve ex officio as commissioners under
IC 36-3-3-10.
(1) has all the powers; and
(2) performs all the duties;
of the county auditor under law.
(b) The controller:
(1) does not have the powers; and
(2) may not perform the duties;
of the county auditor under IC 36-2-9.5 and IC 36-3-6.
(c) Notwithstanding subsection (a) or any other law, the executive, with the approval of the legislative body, may allocate the duties of the county auditor, except the duties referred to in subsection (b), among:
(1) the controller;
(2) the county assessor;
(3) the county auditor; or
(4) other appropriate city or county officials.
(b) A town subject to this chapter may be dissolved if the county election board of the county in which the greatest percentage of population of the town is located conducts a public hearing and finds that the town has not elected town officers or had a functioning town government during the preceding ten (10) years.
(c) The county election board shall certify the board's findings to the county executive, who may adopt an ordinance or (in a county subject to IC 36-2-2.5 or IC 36-2-3.5) issue an order to dissolve the town.
