CHAPTER 2. MILITARY DEPARTMENT
IC 10-16-2
Chapter 2. Military Department
IC 10-16-2-1
Military department established
Sec. 1. (a) The military department of the state:
(1) is established; and
(2) shall be administered and controlled by the governor ascommander in chief.
(b) The military department consists of the following:
(1) An adjutant general, who shall be the executive andadministrative head of the department.
(2) Other officers, enlisted individuals, and employeesconsidered necessary and authorized.
As added by P.L.2-2003, SEC.7.
IC 10-16-2-2
Duties
Sec. 2. The military department shall administer all mattersconcerning or relating to the following:
(1) The militia.
(2) The national guard.
(3) Other military organizations under the jurisdiction of thestate.
(4) Other duties as the governor may assign.
As added by P.L.2-2003, SEC.7.
IC 10-16-2-3
Commander in chief; duties; permission to bear arms
Sec. 3. (a) The governor shall:
(1) be the commander in chief of the military forces of the state;
(2) have supreme command of the military forces of the statewhile in the service of the state or until they are ordered andaccepted into the service of the United States; and
(3) have power to:
(A) muster out any organization of the state;
(B) discharge enlisted men as provided; and
(C) perform other acts in keeping with the laws of the state,subject to the laws of the United States and regulationsprescribed by the President of the United States.
(b) An armed military force from another state or territory maynot enter Indiana without permission of the governor, unless themilitary force is:
(1) a part of the armed forces of the United States; or
(2) acting under the authority of the United States.
(c) An independent military organization under the jurisdiction ofthe state, except as a corps of cadets in the educational institutions,may not bear arms without first securing permission of thecommander in chief.
As added by P.L.2-2003, SEC.7.
IC 10-16-2-4
Interpretation of article
Sec. 4. This article shall be interpreted liberally in favor of theexercise of all the constitutional powers of the governor ascommander in chief.
As added by P.L.2-2003, SEC.7.
IC 10-16-2-5
Governor's honorary staff; chief of staff
Sec. 5. (a) The governor may appoint an honorary staff of aideswith the brevet title of colonel, lieutenant colonel or major, orcomparable naval rank.
(b) The staff officers hold office at the will of the governor. Theircommissions expire with the term of office of the governor makingthe appointment.
(c) The adjutant general shall be ex officio chief of staff.
As added by P.L.2-2003, SEC.7.
IC 10-16-2-6
Adjutant general
Sec. 6. (a) The governor shall appoint the adjutant general.
(b) The adjutant general must hold the rank of not less thanbrigadier general.
(c) The governor may increase the rank of the adjutant general notto exceed the rank of major general as a reward for efficient andloyal service to the state.
As added by P.L.2-2003, SEC.7.
IC 10-16-2-7
Assistant adjutants general
Sec. 7. The adjutant general shall appoint four (4) assistantadjutants general to serve at the will and pleasure of the adjutantgeneral as follows:
(1) One (1) assistant adjutant general from the Indiana ArmyNational Guard to be commander of the Indiana Army NationalGuard forces, except the forces described in subdivision (3). Aperson is not eligible for appointment as assistant adjutantgeneral unless the person is a member of the Indiana ArmyNational Guard and has attained the rank of major or above.The person must be a federally recognized officer and may holdthe rank of major general or other rank authorized by the tableof organization for the Army National Guard.
(2) One (1) assistant adjutant general from the Indiana ArmyNational Guard to be chief of staff to the adjutant general for allthe Indiana Army National Guard forces, except those forcesdescribed in subdivision (4). This assistant adjutant generalshall perform duties assigned by the adjutant general and isresponsible for all administrative and operational functions ofthe Indiana Army National Guard, except those related to forcesdescribed in subdivision (4). A person is not eligible for
appointment as assistant adjutant general unless the person is amember of the Indiana Army National Guard with at least six(6) years service in the Indiana Army National Guard and hasattained the rank of major or above. The person must be afederally recognized officer and may hold the rank of brigadiergeneral or other rank authorized by the table of organization forthe Army National Guard.
(3) One (1) assistant adjutant general from the Indiana AirNational Guard to be chief of staff to the adjutant general for allthe Indiana Air National Guard forces. This assistant adjutantgeneral shall perform duties assigned by the adjutant generaland is responsible for administrative and operational functionsof the Indiana Air National Guard. A person is not eligible forappointment as air forces chief of staff unless the person is amember of the Indiana Air National Guard with at least six (6)years service as a commissioned officer and has attained therank of major or above. The person must be a federallyrecognized officer and may hold the rank of brigadier generalor other rank authorized by the tables of organization for the AirNational Guard.
(4) One (1) assistant adjutant general from the Indiana ArmyNational Guard to be chief of staff to the adjutant general for allIndiana Army National Guard forces assigned to the CampAtterbury Muscatatuck Urban Training Center. This assistantadjutant general shall perform duties assigned by the adjutantgeneral and is responsible for all administrative and operationalfunctions of Indiana Army National Guard forces assigned tothe Camp Atterbury Muscatatuck Urban Training Center. Aperson is not eligible for appointment as assistant adjutantgeneral unless the person is a member of the Indiana ArmyNational Guard with at least six (6) years service in the IndianaArmy National Guard and has attained the rank of major orabove. The person must be a federally recognized officer andmay hold the rank of brigadier general or other rank authorizedby the table of organization for the Army National Guard.
As added by P.L.2-2003, SEC.7. Amended by P.L.71-2007, SEC.1;P.L.15-2010, SEC.1.
IC 10-16-2-8
Executing orders of commander in chief; bond
Sec. 8. The adjutant general shall do the following:
(1) Execute all orders given by the commander in chief.
(2) Give bond with surety to the state, to the approval of thegovernor, in the sum of ten thousand dollars ($10,000) for thefaithful discharge of the duties of the office of adjutant general.
As added by P.L.2-2003, SEC.7.
IC 10-16-2-9
Duties; audits
Sec. 9. (a) The adjutant general shall perform duties required by
law, in rules adopted under this chapter, and in the statutes of theUnited States and required by the governor. If the adjutant general:
(1) fails or refuses to properly and efficiently perform the dutiesof the office; or
(2) is guilty of misconduct or conduct prejudicial to good orderand military discipline;
written charges setting forth the acts involved shall be filed with thegovernor. The governor shall take action on the charges for the bestinterests of the service.
(b) The adjutant general shall superintend the preparation of allreturns and reports required by the United States from the state.
(c) The adjutant general shall:
(1) keep a register of all the officers of the armed forces of thestate; and
(2) keep in the adjutant general's office all records and papersrequired to be kept and filed.
(d) If necessary, the adjutant general shall, at the expense of thestate, cause:
(1) the armed forces law;
(2) the general regulations of the state; and
(3) the uniform code of military justice of the United States;
to be printed, indexed, and bound in proper and compact form. One(1) copy of each publication shall be distributed to the commissionedofficers, sheriffs, clerks of boards of county commissioners, andcounty treasurers of Indiana. The adjutant general shall issue to eachcommissioned officer and headquarters one (1) copy of the necessarytextbooks and of such annual reports concerning the militia as thegovernor directs.
(e) The adjutant general shall cause to be prepared and issued allblank books, blank forms, and blank notices required to implementthis chapter. The books and blanks are property of the state.
(f) The adjutant general shall attend to the safekeeping andrepairing of the ordnance, arms, accouterments, equipment, and allother military and naval property belonging to the state or issued toit by the United States. The governor shall order the adjutant generalto dispose of all military and naval property of the state that after aproper inspection is found unsuitable for the use of the state. Theadjutant general shall dispose of the property:
(1) by public auction after advertisement of the sale weekly forthree (3) weeks in at least one (1) newspaper published in theEnglish language in the city or county where the sale is to takeplace;
(2) by private sale when ordered by the governor; or
(3) with the approval of the governor, by turning over theproperty to any other department, board, or commission of stategovernment that can use the property.
If the adjutant general believes that better prices may or should beobtained, the adjutant general shall bid in the property or suspend thesale. All parts of uniforms before being offered for sale shall bemutilated so they cannot be again used as uniforms. The adjutant
general shall periodically account to the governor of the sales made.The adjutant general shall expend the proceeds of the sales for theuse and benefit of the military or naval forces of the state as thegovernor directs.
(g) The adjutant general shall keep an accurate account of allexpenses necessarily incurred, including the following:
(1) Pay of officers and enlisted persons.
(2) Allowances to officers and organizations.
(3) Pensions.
(4) Any other money required to be disbursed by the adjutantgeneral, including the following:
(A) Subsistence of the national guard.
(B) Transportation of the national guard.
(C) Transportation of all military and naval property of thestate or of the United States.
These expenses shall be audited and paid in the same manner asother military and naval accounts.
(h) The adjutant general shall:
(1) issue military and naval property; and
(2) make purchases of military and naval property;
as the governor directs. Military or naval property may not be issuedto persons or organizations other than those belonging to the statearmed forces, except to those parts of the sedentary militia as thegovernor may call out.
(i) The seal used in the office of the adjutant general on January1, 1954, shall be:
(1) the seal of that office; and
(2) delivered by the adjutant general to the successor in office.
(j) Except as provided in subsection (k), the adjutant general shallbe the auditor of all military accounts payable by the state.
(k) The auditor of state shall audit expenditures made by theadjutant general or through the adjutant general's office. Copies of allorders and contracts relating to expenditures described in thissubsection shall be filed in the auditor's office.
As added by P.L.2-2003, SEC.7.
IC 10-16-2-10
Compensation
Sec. 10. (a) The adjutant general may be paid a sum equal to thepay received by an officer of the same grade in federal services,excluding allowances.
(b) The governor, with the approval of the budget committee, mayperiodically adjust the salary of the adjutant general to meet the payadjustments of an officer of the same grade in federal service.
As added by P.L.2-2003, SEC.7.