CHAPTER 1.5. PUBLIC OFFICERS COMPENSATION ADVISORY COMMISSION
IC 2-5-1.5
Chapter 1.5. Public Officers Compensation Advisory Commission
IC 2-5-1.5-1
"Commission"
Sec. 1. As used in this chapter, "commission" refers to the publicofficers compensation advisory commission established by section6 of this chapter.
As added by P.L.95-2004, SEC.1.
IC 2-5-1.5-1.5
"Compensation"
Sec. 1.5. As used in this chapter, "compensation" refers to all ofthe following elements of compensation:
(1) Salary.
(2) Deferred compensation.
(3) Health, vision, and dental insurance.
(4) Pension and other retirement benefits.
(5) Any other:
(A) amount paid to an individual; or
(B) benefit provided to an individual;
to compensate the individual for services provided as a publicofficer.
As added by P.L.43-2007, SEC.5.
IC 2-5-1.5-1.7
"Compensation value"
Sec. 1.7. As used in this chapter, "compensation value" means thedollar value of all elements of compensation for a public officer.
As added by P.L.43-2007, SEC.6.
IC 2-5-1.5-2
"Growth rate"
Sec. 2. As used in this chapter, "growth rate" refers to the rate ofchange in Indiana nonfarm income determined by the Bureau ofEconomic Analysis of the United States Department of Commerce.
As added by P.L.95-2004, SEC.1.
IC 2-5-1.5-3
"Political subdivision"
Sec. 3. As used in this chapter, "political subdivision" has themeaning set forth in IC 36-1-2-13.
As added by P.L.95-2004, SEC.1.
IC 2-5-1.5-4
"Public employee"
Sec. 4. As used in this chapter, "public employee" refers to any ofthe following:
(1) An employee of the state.
(2) An employee of a political subdivision. (3) An employee of any other entity whose salary is paid in anypart from funds derived from taxes imposed by the state or apolitical subdivision.
As added by P.L.95-2004, SEC.1.
IC 2-5-1.5-5
"Public officer"
Sec. 5. As used in this chapter, "public officer" refers to any of thefollowing:
(1) The governor.
(2) The lieutenant governor.
(3) The secretary of state.
(4) The auditor of state.
(5) The treasurer of state.
(6) The attorney general.
(7) The state superintendent of public instruction.
(8) A justice of the supreme court of Indiana.
(9) A judge of the court of appeals of Indiana.
(10) A judge of the Indiana tax court.
(11) A judge of a circuit, superior, probate, or county court.
(12) A member of the general assembly.
As added by P.L.95-2004, SEC.1. Amended by P.L.127-2008, SEC.1.
IC 2-5-1.5-6
Commission established
Sec. 6. There is established the public officers compensationadvisory commission.
As added by P.L.95-2004, SEC.1.
IC 2-5-1.5-7
Commission membership
Sec. 7. (a) The commission consists of the following members:
(1) Two (2) members appointed by the speaker of the house ofrepresentatives. The members appointed under this subdivisionmay not be members of the same political party.
(2) Two (2) members appointed by the president pro tempore ofthe senate. The members appointed under this subdivision maynot be members of the same political party.
(3) Two (2) members appointed by the governor. The membersappointed under this subdivision may not be members of thesame political party.
(4) Two (2) members appointed by the chief justice of thesupreme court of Indiana. The members appointed under thissubdivision may not be members of the same political party.
(5) One (1) member appointed by the chief judge of the court ofappeals of Indiana.
(b) The following may not be a commission member:
(1) A public officer.
(2) A public employee.
(3) An individual who has a pecuniary interest in the salary of
a public officer. For purposes of this subdivision, an individualhas a pecuniary interest in the salary of a public officer if anincrease in the salary of a public officer will result in anascertainable increase in the income or net worth of theindividual.
As added by P.L.95-2004, SEC.1.
IC 2-5-1.5-8
Term of commission member; reappointment
Sec. 8. (a) The term of a commission member begins on the laterof the following:
(1) July 1 after the member is appointed.
(2) The day the member accepts the member's appointment.
(b) The term of a commission member expires on July 1 of thefourth year after the year the member's term begins.
(c) A member may be reappointed to serve a new term.
As added by P.L.95-2004, SEC.1.
IC 2-5-1.5-9
Vacancies
Sec. 9. (a) If there is a vacancy on the commission, the publicofficer who appointed the member whose position is vacant shallappoint an individual to fill the vacancy.
(b) The member appointed under this section shall fill the vacancyfor the remainder of the unexpired term.
As added by P.L.95-2004, SEC.1.
IC 2-5-1.5-10
Commission chair
Sec. 10. (a) Before July 1 of each odd numbered year, thechairman of the legislative council shall appoint one (1) member tobe chair of the commission.
(b) The member appointed as chair of the commission serves aschair beginning July 1 after appointment.
(c) A member of the commission may be reappointed as chair ofthe commission.
As added by P.L.95-2004, SEC.1.
IC 2-5-1.5-11
Quorum; commission action
Sec. 11. Five (5) commission members constitute a quorum. Theaffirmative votes of at least five (5) commission members arenecessary for the commission to take official action other than toadjourn or to meet to hear reports or testimony.
As added by P.L.95-2004, SEC.1.
IC 2-5-1.5-12
Commission meetings
Sec. 12. The commission shall meet at the call of the chair and atother times as the commission considers necessary.As added by P.L.95-2004, SEC.1.
IC 2-5-1.5-13
Commission member salary; expenses
Sec. 13. Each member of the commission is entitled to thefollowing:
(1) The salary per diem provided under IC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses as provided underIC 4-13-1-4.
(3) Other expenses actually incurred in connection with themember's duties as provided in the state policies and proceduresestablished by the Indiana department of administration andapproved by the budget agency.
As added by P.L.95-2004, SEC.1.
IC 2-5-1.5-14
Staff; administrative support
Sec. 14. The legislative services agency shall provideadministrative support for the commission. At the request of thelegislative services agency, the state personnel department or theIndiana judicial center established by IC 33-38-9-4 shall assign staffto provide research and other support to assist the legislative servicesagency in providing administrative support to the commission.
As added by P.L.95-2004, SEC.1.
IC 2-5-1.5-15
Consultant contracts
Sec. 15. The legislative services agency may contract withconsultants on behalf of the commission as the commission considersnecessary to implement this chapter.
As added by P.L.95-2004, SEC.1.
IC 2-5-1.5-16
Commission subject to rules of legislative council
Sec. 16. Except as otherwise provided by this chapter, thecommission is subject to the rules of the legislative council.
As added by P.L.95-2004, SEC.1.
IC 2-5-1.5-17
Reports
Sec. 17. The commission shall make reports to the generalassembly as required by this chapter or by the legislative council.The reports to the legislative council must be in an electronic formatunder IC 5-14-6.
As added by P.L.95-2004, SEC.1.
IC 2-5-1.5-18
Meetings; agenda
Sec. 18. The commission shall meet at least one (1) time not laterthan July 1 of each even-numbered year to do the following: (1) For each public officer listed in section 5 of this chapter,determine the most recent year that the compensation value forthe public officer increased.
(2) Receive information relating to the compensation of publicofficers.
(3) Consider recommendations for suitable compensation forpublic officers.
(4) Take testimony relating to the compensation of publicofficers.
As added by P.L.95-2004, SEC.1. Amended by P.L.43-2007, SEC.7.
IC 2-5-1.5-19
Recommendations; separate recommendations for each publicofficer; limits on recommendations
Sec. 19. (a) Not later than September 1 of each even-numberedyear, the commission shall make written recommendations to the:
(1) legislative council; and
(2) budget committee;
concerning suitable elements of compensation for public officers.The recommendations to the legislative council must be in anelectronic format under IC 5-14-6.
(b) When making recommendations, the commission shall do thefollowing:
(1) Make a separate recommendation of compensation value,which may include a recommendation for no adjustment ofcompensation value, for each separate public officer listed insection 5 of this chapter. The commission may not recommendan increase in the compensation value for a public officer to anamount that exceeds the compensation value the public officerwould receive if the compensation value of the public officerincreased each year since the most recent year the public officerreceived an increase in compensation value by the growth ratefor each respective year.
(2) Recommend maintaining or abolishing existing elements ofcompensation or establishing new elements of compensation.
(3) Recommend a compensation plan that enables an individualwho is a public officer to select elements of compensation tomeet the individual's own circumstances while ensuring thatindividuals who hold the same public office receivecompensation of equal compensation value.
(4) Make other recommendations the commission considersuseful to provide suitable compensation for public officers.
As added by P.L.95-2004, SEC.1. Amended by P.L.43-2007, SEC.8.
IC 2-5-1.5-20
Health care adjustment considered compensation for a judicialofficer
Sec. 20. For purposes of this chapter, a health care adjustmentunder IC 33-38-5-8.2 is considered part of the compensation of apublic officer who is a judicial officer.As added by P.L.95-2004, SEC.1. Amended by P.L.43-2007, SEC.9.
IC 2-5-1.5-21
Effect of commission recommendation; enactment by generalassembly
Sec. 21. A commission recommendation does not take effectunless enacted by the general assembly.
As added by P.L.95-2004, SEC.1.
IC 2-5-1.5-22
Annual appropriation
Sec. 22. There is annually appropriated to the legislative servicesagency from the state general fund money necessary for the operationof the commission.
As added by P.L.95-2004, SEC.1.
IC 2-5-1.5-23
Nonseverability
Sec. 23. Notwithstanding IC 1-1-1-8, the provisions of this chapterare not severable.
As added by P.L.95-2004, SEC.1.