Bill Text: IN SB0370 | 2010 | Regular Session | Introduced
Bill Title: Local government matters.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-12 - First reading: referred to Committee on Local Government [SB0370 Detail]
Download: Indiana-2010-SB0370-Introduced.html
Citations Affected: IC 6-1.1-18.5-1; IC 36-1; IC 36-4-4-2; IC 36-6-9;
IC 36-8.
Synopsis: Local government matters. Eliminates the limitation on the
amount of a civil taxing unit's maximum permissible property tax levy
for the current year that results from imposition in the immediately
preceding year of an actual levy that is lower than the maximum.
Strikes a definition to a term ("unadjusted assessed value") that is not
used in the law. Provides that a public safety employee of a political
subdivision who is a member of the political subdivision's legislative
body may not: (1) accept an appointment to a confidential or policy
making position of the political subdivision; (2) serve in a confidential
or policy making position of the political subdivision; (3) serve as a
member of a committee of the legislative body that has jurisdiction
over the member's employer; or (4) vote on any matter relating to the
budget of the member's employer. Provides that a public safety
employee who is a member of a political subdivision's legislative body
may vote on adoption of the political subdivision's budget that includes
the budget of the member's employer if the member makes certain
disclosures. Prohibits a relative of a township officer or employee from
being employed by the township. Specifies that a person who on July
1, 2010, is a relative of a township officer or employee and is employed
by the township is not prohibited by this provision from being an
employee of the township until the expiration of the term of the
township trustee holding office on July 1, 2010.
Effective: Upon passage; July 1, 2010.
January 12, 2010, read first time and referred to Committee on Local Government.
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.
"Ad valorem property tax levy for an ensuing calendar year" means the total property taxes imposed by a civil taxing unit for current property taxes collectible in that ensuing calendar year.
"Adopting county" means any county in which the county adjusted gross income tax is in effect.
"Civil taxing unit" means any taxing unit except a school corporation.
"Maximum permissible ad valorem property tax levy for the preceding calendar year" means the greater of:
(1) the
(2) the civil taxing unit's ad valorem property tax levy for the calendar year immediately preceding the ensuing calendar year, as that levy was determined by the department of local government finance in fixing the civil taxing unit's budget, levy, and rate for that preceding calendar year under IC 6-1.1-17, and after eliminating the effects of temporary excessive levy appeals and temporary adjustments made to the working maximum levy for the calendar year immediately preceding the ensuing calendar year, as determined by the department of local government finance.
"Taxable property" means all tangible property that is subject to the tax imposed by this article and is not exempt from the tax under IC 6-1.1-10 or any other law. For purposes of
(1) An elected or appointed officer.
(2) An individual described in IC 20-26-4-11.
(b) Subject to IC 36-1-20, an employee of a political subdivision may:
(1) be a candidate for any elected office and serve in that office if elected; or
(2) be appointed to any office and serve in that office if appointed;
without having to resign as an employee of the political subdivision.
Chapter 20. Public Safety Employees Serving on Legislative Bodies
Sec. 1. This chapter applies only to a member of the legislative body of a political subdivision who is employed by the political subdivision as a public safety employee.
Sec. 2. As used in this chapter, "confidential or policymaking position" refers to either of the following:
(1) An upper level policymaking position (as defined in IC 36-8-1-12).
(2) A position subject to the appointment of the executive or legislative body of the political subdivision.
Sec. 3. As used in this chapter, "employer" refers to the department of a political subdivision that employs a member of the legislative body of the political subdivision as a public safety employee.
Sec. 4. As used in this chapter, "public safety employee" has the meaning set forth in IC 5-10-8-2.2.
Sec. 5. A member of the legislative body of a political subdivision may not do any of the following:
(1) Accept an appointment to a confidential or policymaking position of the political subdivision.
(2) Serve in a confidential or policymaking position of the political subdivision.
(3) Serve as a member of a committee of the legislative body that has jurisdiction over the member's employer.
(4) Vote on any matter relating to the budget of the member's employer.
Sec. 6. A member of the legislative body of a political subdivision who violates section 5 of this chapter is considered to have resigned as a member of the legislative body.
Sec. 7. The legislative body of a political subdivision may adopt ordinances for the implementation of the details of this chapter.
(b) Subject to IC 36-1-20, a city employee other than an elected or appointed public officer may:
(1) be a candidate for any elective office and serve in that office if elected; or
(2) be appointed to any office and serve in that office if appointed;
without having to resign as a city employee.
Chapter 9. Employment of Relatives
Sec. 1. This section does not apply to an individual who:
(1) is a contractor or employed by a contractor for the design or construction of a township public works project;
(2) is a vendor or employed by a vendor for a township purchase of supplies;
(3) is a vendor or employed by a vendor for a township purchase of mowing services or property maintenance services; or
(4) is a member of a paid fire department or a volunteer fire department that renders fire protection services to the township.
Sec. 2. (a) As used in this chapter, "relative" means:
(1) a husband;
(2) a wife;
(3) a father, grandfather, or stepfather;
(4) a mother, grandmother, or stepmother;
(5) a son, grandson, stepson, or son-in-law;
(6) a daughter, granddaughter, stepdaughter, or daughter-in-law;
(7) a brother or stepbrother;
(8) a sister or stepsister;
(9) an aunt;
(10) an uncle;
(11) a niece;
(12) a nephew; or
(13) a first cousin.
(b) A relative by adoption, half-blood, marriage, or remarriage shall be treated as a relative of whole kinship.
Sec. 3. Except as provided in section 4 of this chapter, an individual who is a relative of a township officer or a township employee may not be an employee of the township.
Sec. 4. A person who on July 1, 2010:
(1) is a relative of a township officer or a township employee; and
(2) is employed by the township;
is not prohibited by this chapter, until the expiration of the current term of office of the township executive holding office on July 1,
2010, from being an employee of the township.
(1) be candidates for elective office and serve in that office if elected;
(2) be appointed to any office and serve in that office if appointed; and
(3) as long as they are not in uniform and not on duty, solicit votes and campaign funds and challenge voters for the office for which they are candidates.
(b) The sheriff may temporarily suspend an officer with or without pay for a period not exceeding fifteen (15) days, without a hearing before the board, after preferring charges of misconduct in writing delivered to the officer.
(c) A county police officer may not be dismissed, demoted, or temporarily suspended because of political affiliation nor after the officer's probationary period, except as provided in this section. Subject to IC 36-1-20, an officer may:
(1) be a candidate for elective office and serve in that office if elected;
(2) be appointed to an office and serve in that office if appointed; and
(3) except when in uniform or on duty, solicit votes or campaign funds for the officer or others.
(d) The board has subpoena powers enforceable by the circuit court for hearings under this section. An officer on probation may be dismissed by the sheriff without a right to a hearing.
(e) An appeal under subsection (a) must be taken by filing in court,
within thirty (30) days after the date the decision is rendered, a verified
complaint stating in a concise manner the general nature of the charges
against the officer, the decision of the board, and a demand for the
relief asserted by the officer. A bond must also be filed that guarantees
the appeal will be prosecuted to a final determination and that the
plaintiff will pay all costs only if the court finds that the board's
decision should be affirmed. The bond must be approved as bonds for
costs are approved in other cases. The county must be named as the
sole defendant and the plaintiff shall have a summons issued as in other
cases against the county. Neither the board nor the members of it may
be made parties defendant to the complaint, but all are bound by
service upon the county and the judgment rendered by the court.
(f) All appeals shall be tried by the court. The appeal shall be heard
de novo only upon any new issues related to the charges upon which
the decision of the board was made. Within ten (10) days after the
service of summons, the board shall file in court a complete written
transcript of all papers, entries, and other parts of the record relating to
the particular case. Inspection of these documents by the person
affected, or by the person's agent, must be permitted by the board
before the appeal is filed, if requested. The court shall review the
record and decision of the board on appeal.
(g) The court shall make specific findings and state the conclusions
of law upon which its decision is made. If the court finds that the
decision of the board appealed from should in all things be affirmed,
its judgment should so state. If the court finds that the decision of the
board appealed from should not be affirmed in all things, then the court
shall make a general finding, setting out sufficient facts to show the
nature of the proceeding and the court's decision on it. The court shall
either:
(1) reverse the decision of the board; or
(2) order the decision of the board to be modified.
(h) The final judgment of the court may be appealed by either party.
Upon the final disposition of the appeal by the courts, the clerk shall
certify and file a copy of the final judgment of the court to the board,
which shall conform its decisions and records to the order and
judgment of the court. If the decision is reversed or modified, then the
board shall pay to the party entitled to it any salary or wages withheld
from the party pending the appeal and to which the party is entitled
under the judgment of the court.
(i) Either party shall be allowed a change of venue from the court or
a change of judge in the same manner as such changes are allowed in
civil cases. The rules of trial procedure govern in all matters of
procedure upon the appeal that are not otherwise provided for by this
section.
(j) An appeal takes precedence over other pending litigation and
shall be tried and determined by the court as soon as practical.
(b) This SECTION expires July 1, 2014.
