CHAPTER 4. SUPERVISORS
IC 14-32-4
Chapter 4. Supervisors
IC 14-32-4-1
Number and qualifications
Sec. 1. (a) The governing body of a district consists of five (5)supervisors as follows:
(1) Two (2) who are appointed.
(2) Three (3) who are elected.
(b) To hold the position of elected supervisor, an individual:
(1) must be an occupier of a tract of land that is:
(A) more than ten (10) acres in area; and
(B) located within the district;
(2) must maintain the individual's permanent residence withinthe district; and
(3) must be qualified by training and experience to perform theduties that this article imposes on supervisors.
However, the ten (10) acre requirement may be waived if a districtrequests a waiver and the waiver is approved by the board.
(c) To hold the position of appointed supervisor, an individual:
(1) must be of voting age;
(2) must maintain the individual's permanent residence withinthe district; and
(3) must be qualified by training and experience to perform theduties that this article imposes on supervisors.
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997,SEC.15; P.L.175-2006, SEC.10.
IC 14-32-4-2
Repealed
(Repealed by P.L.136-1997, SEC.43.)
IC 14-32-4-3
Repealed
(Repealed by P.L.136-1997, SEC.43.)
IC 14-32-4-4
Repealed
(Repealed by P.L.136-1997, SEC.43.)
IC 14-32-4-5
Repealed
(Repealed by P.L.136-1997, SEC.43.)
IC 14-32-4-6
Annual meeting
Sec. 6. (a) During the first quarter of each calendar year, eachdistrict shall hold an annual meeting of all land occupiers in thedistrict. The meeting shall be held on a date designated by thesupervisors. The supervisors shall give due notice of the time and
place of the meeting.
(b) At the meeting:
(1) the supervisors shall make a full and an accurate report ofthe activities and financial affairs of the district since theprevious annual meeting; and
(2) an election shall be conducted by secret ballot of the landoccupiers present of one (1) supervisor who has a three (3) yearterm of office beginning on the date of the meeting.
(c) The supervisors shall provide a copy of the annual reportpresented at the meeting to the board and, upon request, to:
(1) other cooperating agencies;
(2) residents of the district; and
(3) any other individual or entity that requests a copy of theannual report.
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997,SEC.16.
IC 14-32-4-7
Election committee; composition and annual meeting
Sec. 7. (a) The election held at the annual meeting of landoccupiers shall be conducted by an election committee appointedunder this section.
(b) In October, the district chairman shall do the following:
(1) Appoint an election committee made up of a supervisor aschairman and two (2) interested citizens.
(2) Submit the names of the committee members to the board byNovember 1.
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997,SEC.17.
IC 14-32-4-8
Election committee duties
Sec. 8. The election committee appointed under section 7 of thischapter shall do the following:
(1) Select qualified individuals as prospective nominees to fillany vacancies that exist among the elected supervisors of thedistrict.
(2) Contact and ascertain the willingness and ability of eachindividual to serve if elected.
(3) Submit the list of nominees with the qualifications forcertification and printing of a sample ballot to the board byDecember 1.
(4) Place the names of the prospective nominees selected undersubdivisions (1) and (2) in nomination at the meeting andprovide an opportunity for additional nominations to be madefrom the floor.
(5) After nominations are closed, distribute a ballot to each landoccupier present at the meeting.
(6) Collect and count the ballots after each land occupierpresent at the meeting has had an opportunity to vote. (7) Report the results of the election to the chairman.
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997,SEC.18; P.L.175-2006, SEC.11.
IC 14-32-4-9
Election results
Sec. 9. (a) If a tie vote occurs in an election held at an annualmeeting under this chapter, voting shall continue until the tie isbroken.
(b) The individual receiving the highest number of votes is electeda supervisor for the three (3) year term. If there is also a vacancy tofill an unexpired term of an elected supervisor, the individualreceiving the second highest number of votes is elected to fill theunexpired term.
(c) The chairman shall announce the individuals who have beenelected and report the election results to the board.
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997,SEC.19.
IC 14-32-4-10
Appointed supervisor; term; filling position upon expiration ofterm
Sec. 10. (a) The term of an appointed supervisor is three (3) years.
(b) Before the term of an appointed supervisor expires, thesupervisor's position shall be filled as follows:
(1) Not later than November 1, the district supervisors shallrecommend to the board in writing one (1) or more individualsqualified to fill the position.
(2) At the first board meeting held after the board receives arecommendation under subdivision (1), the board shall act uponthe recommendation.
(3) The board shall notify the supervisors of the appointmentmade by the board.
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997,SEC.20.
IC 14-32-4-10.5
Appointment of associate supervisors
Sec. 10.5. (a) The board may appoint associate supervisors toassist in performing duties in each district.
(b) Associate supervisors are nonvoting members of the board andmay not hold officer positions on the board.
(c) Associate supervisors may be reimbursed for approvedexpenses but are not entitled to per diem.
As added by P.L.175-2006, SEC.12.
IC 14-32-4-11
Oath of office
Sec. 11. Newly elected and appointed supervisors shall assumethe duties of office upon signing an oath of office at the conclusion
of the annual meeting of the district.
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997,SEC.21.
IC 14-32-4-12
Successor to supervisor
Sec. 12. A supervisor holds office until the supervisor's successorhas been elected or appointed and qualified.
As added by P.L.1-1995, SEC.25.
IC 14-32-4-13
Elected supervisor; vacancy
Sec. 13. (a) If a vacancy in the position of elected supervisoroccurs during the district's operating year:
(1) the district supervisors shall, within thirty (30) days after thevacancy occurs, recommend to the board in writing one (1) ormore individuals qualified to fill the position;
(2) at the first board meeting held after the board receives arecommendation under subdivision (1), the board shall act uponthe recommendation and appoint an individual to temporarilyfill the vacancy; and
(3) the board shall notify the supervisors of the appointmentmade by the board.
(b) The individual appointed to temporarily fill a vacancy undersubsection (a) shall serve until the district's next annual meeting.
(c) At the annual meeting immediately following the appointmentof an individual to temporarily fill a vacant elected supervisor'sposition, the position shall be filled through the regular electionprocedure set forth in sections 6 through 9 of this chapter.
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997,SEC.22.
IC 14-32-4-13.5
Appointed supervisor; vacancy
Sec. 13.5. (a) If a vacancy in the position of appointed supervisoroccurs during a district's operating year:
(1) the district supervisors shall, within thirty (30) days after thevacancy occurs, recommend to the board in writing one (1) ormore individuals qualified to fill the position;
(2) at the first board meeting held after the board receives arecommendation under subdivision (1), the board shall act uponthe recommendation; and
(3) the board shall notify the supervisors of the appointmentmade by the board.
(b) The individual appointed to fill a vacant appointed supervisorposition under subsection (a) shall serve the unexpired term of theindividual's predecessor.
(c) At the expiration of the term of a supervisor appointed underthis section, the position of appointed supervisor shall be filledthrough the regular appointment procedure set forth in section 10 of
this chapter.
As added by P.L.136-1997, SEC.23.
IC 14-32-4-14
Chairman
Sec. 14. The supervisors shall designate a chairman and maychange the designation.
As added by P.L.1-1995, SEC.25.
IC 14-32-4-15
Removal of supervisor
Sec. 15. The board may, upon notice and a hearing, remove asupervisor for neglect of duty or malfeasance in office, but for noother reason.
As added by P.L.1-1995, SEC.25.
IC 14-32-4-16
Quorum
Sec. 16. A majority of the supervisors constitutes a quorum andthe concurrence of a majority of the supervisors is required for thedetermination of any matter.
As added by P.L.1-1995, SEC.25.
IC 14-32-4-17
Travel expenses and per diem salary
Sec. 17. (a) A supervisor may be paid a salary per diem for anypart of a day that the supervisor is engaged in the official business ofthe district in any amount not to exceed the salary per diem that maybe paid by the state under IC 4-10-11-2.1(b).
(b) A supervisor may also receive for travel, lodging, meals, andother expenses any amount not to exceed the amount a countyemployee of the county in which the supervisor resides is entitled toreceive under the policies and procedures established by the county.
(c) All amounts under this section shall be fixed by thesupervisors of each district and paid from money of the district.
As added by P.L.1-1995, SEC.25.
IC 14-32-4-18
Personnel
Sec. 18. (a) The supervisors of a district:
(1) may employ necessary personnel, subject to IC 36-2-5-3 andIC 36-2-5-7; and
(2) shall determine the qualifications and duties of thepersonnel.
(b) In any district except a district containing a consolidated city,an employee of the district:
(1) is considered to be an employee of the county in which theemployee works, except as provided in subsection (c); and
(2) is eligible for and shall be included in all fringe benefitprograms provided for employees of the county. (c) An employee of a district whose position is funded entirelyfrom sources outside the county in which the employee works solelyon the basis of the funding of the employee's position is notconsidered an employee of the county.
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997,SEC.24.
IC 14-32-4-19
Legal counsel
Sec. 19. (a) The supervisors and employees of a district aresubject to IC 34-13-3.
(b) The supervisors of a district may employ their own counseland legal staff.
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997,SEC.25; P.L.1-1998, SEC.111.
IC 14-32-4-20
Delegation of powers and duties
Sec. 20. The supervisors may delegate the powers and duties thatthe supervisors consider proper to any of the following:
(1) The chairman.
(2) Any number of supervisors.
(3) Any number of agents or employees.
As added by P.L.1-1995, SEC.25.
IC 14-32-4-21
Information concerning supervisors' activities
Sec. 21. The supervisors of a district shall furnish to the board,upon request, copies of rules, contracts, forms, and other informationconcerning the activities of the supervisors that the board requires inthe performance of duties under this article.
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997,SEC.26.
IC 14-32-4-22
Duties of supervisors
Sec. 22. The supervisors of a district shall do the following:
(1) Provide for the execution of surety bonds for all districtemployees and officers who are entrusted with money orproperty.
(2) Provide for the keeping of a full and accurate record of alldistrict proceedings and of all district resolutions and ordersissued or adopted.
(3) Provide for an annual audit of the accounts of receipts anddisbursements of the district.
(4) Provide a copy of each annual financial statement of thedistrict to the board not later than March 31.
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997,SEC.27; P.L.175-2006, SEC.13.
IC 14-32-4-23
Municipality or county designating representative
Sec. 23. The supervisors may invite the legislative body of amunicipality or county located near the territory comprised withinthe district to designate a representative to advise and consult withthe supervisors on all questions of program and policy that affect theproperty, water supply, or other interests of the municipality orcounty.
As added by P.L.1-1995, SEC.25.
IC 14-32-4-24
Approval of claims
Sec. 24. (a) Claims against a district must be allowed andapproved by the governing body of the district before payment by thedistrict's fiscal officer. However, the governing body may, subject toreview and approval at the governing body's next regular meeting,authorize the following:
(1) Payroll.
(2) Insurance premiums.
(3) Utility payments.
(4) Bulk mailing fees.
(5) Maintenance agreements and service agreements.
(6) Lease agreements and rental agreements.
(7) Expenses that must be paid because of emergencycircumstances.
(8) Recurring or periodic expenses specifically authorized by aresolution adopted at a governing body meeting.
(b) Each payment under this section must be certified by thedistrict's fiscal officer. The certification must be on a form prescribedby the state board of accounts.
As added by P.L.52-2010, SEC.1.