CHAPTER 4. REORGANIZATION BY REFERENDUM
IC 36-1.5-4
Chapter 4. Reorganization by Referendum
IC 36-1.5-4-1
Types of reorganizations authorized; political subdivisions notparticipating in reorganization
Sec. 1. (a) Any of the following may reorganize under thischapter:
(1) Two (2) or more counties. A county reorganizing under thissubdivision must be adjacent to at least one (1) other countyparticipating in the reorganization.
(2) Two (2) or more townships located entirely within the samecounty. A township reorganizing under this subdivision must beadjacent to at least one (1) other township participating in thereorganization.
(3) Two (2) or more municipalities. A municipality reorganizingunder this subdivision must be adjacent to at least one (1) othermunicipality participating in the reorganization.
(4) Two (2) or more school corporations. A school corporationreorganizing under this subdivision must be adjacent to at leastone (1) other school corporation participating in thereorganization.
(5) Two (2) or more municipal corporations, other than a unitor a school corporation, that have substantially equivalentpowers. A municipal corporation reorganizing under thissubdivision must be adjacent to at least one (1) other municipalcorporation participating in the reorganization.
(6) Two (2) or more special taxing districts that are adjacent toat least one (1) other special taxing district participating in thereorganization.
(7) A township and a municipality that is located in any part ofthe same township.
(8) A county and one (1) or more townships that are located inthe county.
(9) A municipality and a county that does not contain aconsolidated city.
(10) A school corporation and a county or municipality inwhich a majority of the students of the school corporation havelegal settlement (as defined by IC 20-18-2-11).
(11) A municipal corporation, other than a unit or a schoolcorporation, and a county or municipality in which a majorityof the population of the municipal corporation resides.
(b) If a political subdivision reorganizes under this article withone (1) or more other political subdivisions:
(1) any political subdivisions that did not participate in thepublic question on the reorganization are not reorganized underthis article;
(2) the reorganization affects only those political subdivisionsin which the reorganization is approved as specified in thisarticle; and (3) the reorganization does not affect the rights, powers, andduties of any political subdivisions in the county in which thereorganization is not approved as specified in this article.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-2
Adjacent political subdivisions
Sec. 2. For purposes of this chapter, two (2) political subdivisionsmay not be treated as adjacent if the political subdivisions areconnected by a strip of land that is less than one hundred fifty (150)feet wide.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-3
Types of reorganization
Sec. 3. Political subdivisions described in section 1 of this chaptermay participate under this chapter in any of the following types ofreorganization:
(1) Consolidation of the participating political subdivisions intoa single new political subdivision.
(2) Consolidation of the participating political subdivisions intoone (1) of the participating political subdivisions.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-4
Powers of political subdivisions in an approved reorganization
Sec. 4. As part of a reorganization in a finally approved plan ofreorganization, one (1) or more of the reorganizing politicalsubdivisions or the reorganized political subdivision may do thefollowing:
(1) Adjust any of its boundaries.
(2) Establish a joint service area with another politicalsubdivision.
(3) Transfer the functions of an office to another office.
(4) Provide for a legislative body, an executive, or a fiscal bodyof the reorganized political subdivision to exercise the powersof a legislative body, an executive, or a fiscal body of areorganizing political subdivision.
(5) Change the name of the political subdivision or select a newname.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-5
Effective date of reorganization
Sec. 5. (a) Except as provided in subsection (b), a reorganizationapproved under this chapter takes effect when all of the followinghave occurred:
(1) The later of:
(A) the date that a copy of a joint certification from thecounty election board in each county in which reorganizing
political subdivisions are located that indicates that:
(i) the reorganization has been approved by the voters ofeach reorganizing political subdivision; or
(ii) in the case of a reorganization described in section1(a)(9) of this chapter, the reorganization has beenapproved as set forth in section 32(b) of this chapter;
is recorded as required by section 31 of this chapter; or
(B) the date specified in the finally adopted plan ofreorganization.
(2) The appointed or elected officers of the reorganized politicalsubdivision are elected (as prescribed by section 36 of thischapter) or appointed and qualified, if:
(A) the reorganized political subdivision is a new politicalsubdivision and reorganizing political subdivisions are notbeing consolidated into one (1) of the reorganizing politicalsubdivisions;
(B) the reorganized political subdivision will have differentboundaries than any of the reorganizing politicalsubdivisions;
(C) the reorganized political subdivision will have differentappointment or election districts than any of the reorganizingpolitical subdivisions; or
(D) the finally adopted plan of reorganization requires newappointed or elected officers before the reorganizationbecomes effective.
(b) A reorganization approved under this chapter may not takeeffect during the year preceding a year in which a federal decennialcensus is conducted. A consolidation that would otherwise takeeffect during the year preceding a year in which a federal decennialcensus is conducted takes effect January 1 of the year in which afederal decennial census is conducted.
(c) Notwithstanding subsection (b) as that subsection existed onDecember 31, 2009, a reorganization that took effect January 2,2010, because of the application of subsection (b), as that subsectionexisted on December 31, 2009, is instead considered to take effectJanuary 1, 2010, without the adoption of an amended reorganizationplan.
As added by P.L.186-2006, SEC.4. Amended by P.L.113-2010,SEC.109.
IC 36-1.5-4-6
Results of reorganization
Sec. 6. When a reorganization under this chapter is effective:
(1) all of the participating political subdivisions, except thereorganized political subdivision, cease to exist;
(2) unless the plan of reorganization provides for thecontinuation of the term of office, the term of each of theelected offices of each of the reorganizing political subdivisionsis terminated;
(3) if the plan of reorganization transfers the responsibilities of
any office to another office, the office from which theresponsibilities were transferred is abolished;
(4) the executives, legislative bodies, and fiscal bodies of thereorganizing political subdivisions (other than any reorganizingpolitical subdivision that is treated under the plan ofreorganization as the successor reorganized politicalsubdivision) are abolished, and the responsibilities of theexecutives, legislative bodies, and fiscal bodies are transferredto the executive, legislative body, and fiscal body of thereorganized political subdivision; and
(5) the property and liabilities of the reorganizing politicalsubdivisions become the property and liabilities of thereorganized political subdivision, subject to section 40 of thischapter.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-7
Budgets, rates, and levies; election districts
Sec. 7. In the year before the year in which the participatingpolitical subdivisions are reorganized under this chapter:
(1) the fiscal bodies of the reorganizing political subdivisionsshall, in the manner provided by IC 6-1.1-17, adopt tax levies,tax rates, and a budget for the reorganized political subdivisioneither through the adoption of substantially identical resolutionsadopted by each of the fiscal bodies or, if authorized in the planof reorganization, through a joint board established under anagreement of the fiscal bodies on which the members of each ofthe fiscal bodies are represented; and
(2) if the reorganized political subdivision will have electedoffices and different election districts than any of thereorganizing political subdivisions, the legislative bodies of thereorganizing political subdivisions shall establish the electiondistricts either through the adoption of substantially identicalresolutions adopted by each of the legislative bodies or, ifauthorized in the plan of reorganization, through a joint boardestablished under an agreement of the legislative bodies onwhich the members of each of the legislative bodies arerepresented.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-8
Authority of department of local government finance to prescribeforms
Sec. 8. The department of local government finance may prescribeforms for petitions, resolutions, certifications, and other writingsrequired under this chapter. A petition, resolution, certification, orother writing related to a reorganization must be substantially in theform prescribed by the department of local government finance.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-9
Initiation of reorganization
Sec. 9. A reorganization may be initiated by:
(1) adopting a resolution under section 10 of this chapter; or
(2) filing a petition under section 11 of this chapter.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-10
Initiation of reorganization by legislative body
Sec. 10. (a) The legislative body of a political subdivision mayinitiate a proposed reorganization under this chapter by adopting aresolution that:
(1) proposes a reorganization;
(2) names the political subdivisions that would be reorganizedin the proposed reorganization; and
(3) only in the case of a proposed reorganization described insection 1(a)(9) of this chapter, states whether the vote on thepublic question regarding the reorganization shall be:
(A) conducted on a countywide basis under section 30(b) ofthis chapter, without a rejection threshold; or
(B) conducted on a countywide basis under section 30(b) ofthis chapter, with a rejection threshold.
(b) The clerk of the political subdivision adopting the resolutionshall certify the resolution to the clerk of each political subdivisionnamed in the resolution.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-11
Initiation of reorganization by voters
Sec. 11. (a) The voters of a political subdivision may initiate aproposed reorganization by filing a written petition, substantially inthe form prescribed by the department, with the clerk of the politicalsubdivision that:
(1) proposes a reorganization; and
(2) names the political subdivisions that would be reorganizedin the proposed reorganization.
(b) If the written petition is signed by at least five percent (5%) ofthe voters of the political subdivision, as determined by the vote castin the political subdivision for secretary of state at the most recentgeneral election, the clerk of the political subdivision shall certify thepetition to the legislative body of the political subdivision.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-12
Action by legislative body on proposed reorganization; hearing
Sec. 12. (a) If a petition is certified to the legislative body of apolitical subdivision under section 11 of this chapter, the legislativebody shall conduct a public hearing on the proposed reorganizationnot sooner than five (5) days after publishing a notice of the publichearing under IC 5-3-1. Not more than thirty (30) days after the
conclusion of the public hearing the legislative body shall adopt aresolution, substantially in the form prescribed by the department oflocal government finance, to do any of the following:
(1) Decline to participate in the proposed reorganization.
(2) Propose a reorganization with the political subdivisionsnamed in the petition.
(3) Propose a reorganization with political subdivisions thatdiffer in part or in whole from the political subdivisions namedin the petition.
(b) In the case of a resolution adopted under this sectionproposing a reorganization described in section 1(a)(9) of thischapter, the resolution must also state whether the vote on the publicquestion regarding the reorganization shall be:
(1) conducted on a countywide basis under section 30(b) of thischapter, without a rejection threshold; or
(2) conducted on a countywide basis under section 30(b) of thischapter, with a rejection threshold.
(c) The clerk of the political subdivision adopting a resolutionproposing a reorganization under this section shall certify theresolution to the clerk of each political subdivision named in theresolution.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-13
Action by legislative body receiving resolution on proposedreorganization from another political subdivision; hearing
Sec. 13. (a) The legislative body of a political subdivision thatreceives a certified resolution under section 10 or 12 of this chaptermay do any of the following:
(1) Adopt a resolution declining to participate in a proposedreorganization.
(2) Adopt a substantially identical resolution proposing toparticipate in a proposed reorganization with the politicalsubdivisions named in a resolution certified to the politicalsubdivision.
(3) Adopt a resolution proposing to participate in a proposedreorganization with political subdivisions that differ in part orin whole from the political subdivisions named in a resolutioncertified to the political subdivision.
(b) In the case of a resolution adopted under this sectionproposing to participate in a proposed reorganization described insection 1(a)(9) of this chapter, the resolution must also state whetherthe vote on the public question regarding the reorganization shall be:
(1) conducted on a countywide basis under section 30(b) of thischapter, without a rejection threshold; or
(2) conducted on a countywide basis under section 30(b) of thischapter, with a rejection threshold.
(c) The clerk of the political subdivision adopting a resolutionproposing a reorganization under this section shall certify theresolution to the clerk of each political subdivision named in the
resolution.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-14
Revision of resolutions
Sec. 14. The legislative body of a political subdivision may revisea resolution certified under section 10, 12, or 13 of this chapter byadding or deleting proposed parties to the reorganization until all ofthe political subdivisions named in the resolution have adoptedsubstantially identical reorganization resolutions.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-15
Appointment of reorganization committee
Sec. 15. Not later than thirty (30) days after the clerk of the lastpolitical subdivision to adopt a reorganization resolution under thischapter has certified the substantially identical resolution to all of thepolitical subdivisions named in the resolution, the reorganizingpolitical subdivisions shall appoint the number of individualsspecified in section 16 of this chapter to serve on a reorganizationcommittee to develop a plan of reorganization for the reorganizingpolitical subdivisions.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-16
Members of reorganization committee
Sec. 16. (a) Members shall be appointed to a reorganizationcommittee as follows:
(1) In accordance with an agreement adopted by thereorganizing political subdivisions. An agreement under thissubdivision must provide that not more than a simple majorityof the members appointed by each political subdivision may bemembers of the same political party.
(2) If an agreement does not provide for the membership of areorganization committee under this chapter, three (3) membersshall be appointed by the executive of each political subdivisionparticipating in the reorganization. Not more than two (2) of themembers appointed by an executive of a political subdivisionmay be members of the same political party.
(b) The members of a reorganization committee serve at thepleasure of the appointing authority. The reorganization committeeshall select a chairperson and any other officers that thereorganization committee determines necessary from the members ofthe reorganization committee.
(c) The members of a reorganization committee serve withoutcompensation. The members, however, are entitled to reimbursementfrom the reorganizing political subdivisions for the necessaryexpenses incurred in the performance of their duties.
(d) The reorganizing political subdivisions shall provide necessaryoffice space, supplies, and staff to the reorganization committee. The
reorganizing political subdivisions may employ attorneys,accountants, consultants, and other professionals for thereorganization committee.
(e) Except as otherwise provided in an agreement adopted by thereorganizing political subdivisions, claims for expenditures for thereorganization committee shall be made to the fiscal officer for thereorganizing political subdivision with the largest population. Thefiscal officer shall pay the necessary expenditures and obtainreimbursement from the reorganizing political subdivisions:
(1) in accordance with an agreement adopted by thereorganizing political subdivisions; or
(2) in the absence of an agreement, in proportion to thepopulation of each reorganizing political subdivision.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-17
Powers of reorganization committee
Sec. 17. A reorganization committee may do the following:
(1) Adopt procedures governing the internal management of thereorganization committee.
(2) Conduct public hearings on the plan of reorganization as thereorganization committee determines necessary or appropriate.
(3) Review the books and records of any reorganizing politicalsubdivision.
(4) Administer oaths.
(5) Issue and enforce subpoenas and discovery orders underIC 4-21.5.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-18
Preparation of reorganization plan; required elements
Sec. 18. (a) A reorganization committee shall prepare acomprehensive plan of reorganization for the reorganizing politicalsubdivisions. The plan of reorganization governs the actions, duties,and powers of the reorganized political subdivision that are notspecified by law.
(b) The plan of reorganization must include at least the following:
(1) The name and a description of the reorganized politicalsubdivision that will succeed the reorganizing politicalsubdivisions.
(2) A description of the boundaries of the reorganized politicalsubdivision.
(3) Subject to section 40 of this chapter, a description of thetaxing areas in which taxes to retire obligations of thereorganizing political subdivisions will be imposed.
(4) A description of the membership of the legislative body,fiscal body, and executive of the reorganized politicalsubdivision, a description of the election districts orappointment districts from which officers will be elected orappointed, and the manner in which the membership of each
elected or appointed office will be elected or appointed.
(5) A description of the services to be offered by thereorganized political subdivision and the service areas in whichthe services will be offered.
(6) The disposition of the personnel, the agreements, the assets,and, subject to section 40 of this chapter, the liabilities of thereorganizing political subdivisions, including the terms andconditions upon which the transfer of property and personnelwill be achieved.
(7) Any other matter that the:
(A) reorganization committee determines to be necessary orappropriate; or
(B) legislative bodies of the reorganizing politicalsubdivisions require the reorganization committee;
to include in the plan of reorganization.
(8) In the case of a reorganization described in section 1(a)(9)of this chapter, if the legislative bodies of the reorganizingpolitical subdivisions have specified that the vote on the publicquestion regarding the reorganization shall be conducted on acountywide basis under section 30(b) of this chapter with arejection threshold, the reorganization committee shall includein the reorganization plan a rejection threshold, specified as apercentage, that applies for purposes of section 32(b) of thischapter. The rejection threshold must be the same for eachmunicipality that is a party to the proposed reorganization andto the county that is a party to the proposed reorganization.
(9) In the case of a reorganization described in section 1(a)(9)of this chapter, the reorganization committee shall determineand include in the reorganization plan the percentage of votersvoting on the public question regarding the proposedreorganization who must vote, on a countywide basis, in favorof the proposed reorganization for the public question to beapproved. This percentage is referred to in this chapter as the"countywide vote approval percentage". The countywide voteapproval percentage must be greater than fifty percent (50%).
(10) The statement required by subsection (e).
(c) In the case of a reorganization described in section 1(a)(9) ofthis chapter, the reorganization committee may not change thedecision of the legislative bodies of the reorganizing politicalsubdivisions regarding whether the vote on the public questionregarding the reorganization shall be conducted on a countywidebasis without a rejection threshold or with a rejection threshold.
(d) Upon completion of the plan of reorganization, thereorganization committee shall present the plan of reorganization tothe legislative body of each of the reorganizing political subdivisionsfor adoption. The initial plan of reorganization must be submitted tothe legislative body of each of the reorganizing political subdivisionsnot later than one (1) year after the clerk of the last politicalsubdivision that adopts a reorganization resolution under this chapterhas certified the resolution to all of the political subdivisions named
in the resolution. In the case of a plan of reorganization submitted toa political subdivision by a reorganization committee after June 30,2010, the political subdivision shall post a copy of the plan ofreorganization on an Internet web site maintained or authorized bythe political subdivision not more than thirty (30) days afterreceiving the plan of reorganization from the reorganizationcommittee.
(e) A reorganization committee must include in the plan ofreorganization submitted to a political subdivision after June 30,2010, a statement of:
(1) whether a fiscal impact analysis concerning the proposedreorganization has been prepared or has not been prepared byor on behalf of the reorganization committee; and
(2) whether a fiscal impact analysis concerning the proposedreorganization has been made available or has not been madeavailable to the public by or on behalf of the reorganizationcommittee.
As added by P.L.186-2006, SEC.4. Amended by P.L.113-2010,SEC.110.
IC 36-1.5-4-19
Consideration of reorganization plan by legislative bodies
Sec. 19. The legislative body of each of the reorganizing politicalsubdivisions shall provide for the following:
(1) Consideration of a plan of reorganization presented by areorganization committee in the form of a resolutionincorporating the plan of reorganization in full or by reference.
(2) Reading of the resolution incorporating the plan ofreorganization in at least two (2) separate meetings of thelegislative body of the political subdivision.
(3) Conducting a public hearing on the plan of reorganization:
(A) not sooner than five (5) days after notice of the publichearing is published under IC 5-3-1; and
(B) before the legislative body takes final action on theresolution to adopt the plan of reorganization.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-20
Actions by legislative bodies on reorganization plan
Sec. 20. At a public hearing on a plan of reorganization conductedunder section 19 of this chapter, or in a public meeting held not morethan thirty (30) days after the public hearing concludes, a legislativebody of a reorganizing political subdivision shall do one (1) of thefollowing:
(1) Adopt the plan of reorganization as presented to thelegislative body.
(2) Adopt the plan of reorganization with modifications.
(3) Reject the plan of reorganization and order a reorganizationcommittee to submit a new plan of reorganization within thirty(30) days after the legislative body rejects the plan of
reorganization.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-21
Modifications to reorganization plan
Sec. 21. Any modifications in a plan of reorganization that areadopted by a legislative body of a reorganizing political subdivisionmust be adopted by the legislative body of each of the reorganizingpolitical subdivisions before the modifications are effective.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-22
Action by legislative bodies on revised reorganization plan
Sec. 22. The legislative body of each reorganizing politicalsubdivision shall take any of the actions described in section 20 ofthis chapter on a revised plan of reorganization submitted by areorganization committee and each resolution modifying a plan ofreorganization or revised plan of reorganization in the same manneras the legislative body may take action on the initially submitted planof reorganization.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-23
Certification by legislative bodies of final action
Sec. 23. The legislative body of a reorganizing politicalsubdivision shall certify the legislative body's final action on a planof reorganization or revised plan of reorganization, as modified bythe legislative body, in the manner prescribed by the department oflocal government finance, to the following:
(1) The chair of the reorganization committee.
(2) The clerk of each reorganizing political subdivision.
(3) The county fiscal officer of each county in which areorganizing political subdivision is located.
(4) The county recorder of each county in which a reorganizingpolitical subdivision is located.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-23.5
Failure to adopt reorganization plan; petition requesting a publicquestion
Sec. 23.5. The following apply if the legislative bodies of allpolitical subdivisions that have been presented with a plan ofreorganization under section 18(d) of this chapter have not adopteda plan of reorganization, either as presented by the reorganizationcommittee or as modified by all of the political subdivisions, withinone (1) year after the initial plan of reorganization is presented:
(1) Not later than one (1) month after the end of the one (1) yearperiod in which the legislative bodies must adopt a plan ofreorganization, the reorganization committee shall submit afinal plan of reorganization to the legislative bodies of the
political subdivisions.
(2) Not later than one (1) month after receiving the final plan ofreorganization under subdivision (1), each of the legislativebodies must:
(A) hold a hearing on the final plan of reorganization; and
(B) adopt either a resolution approving the final plan ofreorganization or a resolution rejecting the final plan ofreorganization.
If a legislative body does not adopt a resolution under thissubdivision within the one (1) month period, the failure to adopta resolution is considered to be an approval of the final plan ofreorganization.
(3) If a legislative body adopts a resolution approving the finalplan of reorganization, the legislative body shall certify itsapproval under section 23 of this chapter.
(4) If any of the legislative bodies adopts a resolution rejectingthe final plan of reorganization, the registered voters of apolitical subdivision in which the final plan of reorganizationwas rejected by a legislative body under subdivision (2) maysubmit a petition to the clerk of the circuit court approving thefinal plan of reorganization and requesting that a publicquestion be held on the final plan of reorganization. Thepetition must be submitted not later than one hundred eighty(180) days after the legislative body voted to reject the finalplan of reorganization. If the petition is signed by at least tenpercent (10%) of the voters of the political subdivision, asdetermined by the vote cast in the political subdivision forsecretary of state at the most recent general election:
(A) the political subdivision is considered to have approvedthe holding of the public question on the final plan ofreorganization, notwithstanding the vote by the legislativebody rejecting the final plan of reorganization; and
(B) the clerk of the circuit court shall certify approval of thefinal plan of the reorganization and the holding of the publicquestion in the manner specified in section 23 of thischapter.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-24
Filing of reorganization plan
Sec. 24. The legislative body of the reorganizing politicalsubdivision with the largest population shall provide for a certifiedcopy of the plan of reorganization to be filed with each of thefollowing at the same time certifications are made under section 23of this chapter:
(1) The county recorder of each county in which a reorganizingpolitical subdivision is located.
(2) The department of local government finance.
(3) If any of the reorganizing political subdivisions is a schoolcorporation, the department of education. (4) If the plan of reorganization changes any election district orabolishes an elected office, the clerk of the circuit court in eachcounty affected by the election district or elected office.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-25
Recording of certifications and reorganization plan by countyrecorder
Sec. 25. Each county recorder receiving a certification undersection 23 of this chapter, either from the legislative body of apolitical subdivision or from a clerk of the circuit court after apetition process under section 23.5 of this chapter in a politicalsubdivision, shall record the certification and the plan ofreorganization in the records of the county recorder without charge.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-26
Notification of county election board upon receipt of certificationsfrom all reorganizing political subdivisions; public question
Sec. 26. When a county recorder has received certifications underthis chapter from all of the reorganizing political subdivisions, eitherfrom the legislative body of a political subdivision or from a clerk ofthe circuit court after a petition process under section 23.5 of thischapter in a political subdivision, the county recorder shall notify thecounty election board of each county in which a reorganizingpolitical subdivision is located that a public question on a plan ofreorganization is eligible to be placed on the ballot for considerationof the voters of each of the reorganizing political subdivisions or (inthe case of a reorganization described in section 1(a)(9) of thischapter) for consideration by the voters of the entire county.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-27
County election board placing public question on ballot
Sec. 27. After the county recorder of each county in whichreorganizing political subdivisions are located has notified the countyelection board that a public question on a plan of reorganization iseligible to be placed on the ballot, the county election board shallplace the public question on the ballot in accordance with IC 3-10-9on the first regularly scheduled general election or municipal election(excluding any primary elections) that will occur in all of theprecincts of the reorganizing political subdivisions at least sixty (60)days after the required notices are received.
As added by P.L.186-2006, SEC.4. Amended by P.L.113-2010,SEC.111.
IC 36-1.5-4-28
Form of public question
Sec. 28. A public question under this chapter shall be placed onthe ballot in all of the precincts that are located in the reorganizing
political subdivisions in substantially the following form:
"Shall _________ (insert name of political subdivision) and_________ (insert name of political subdivision) reorganize asa single political subdivision?".
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-29
Application of IC 3
Sec. 29. IC 3 applies to the election at which a public questionunder this chapter is considered.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-30
Certification by circuit court clerk of results of public question
Sec. 30. (a) Except as provided in subsection (b), at the same timethat election results are certified under IC 3, the circuit court clerk ofeach of the counties in which a public question under this chapter ison the ballot shall jointly issue, in the form prescribed by the stateelection board, a certificate declaring whether the public question isapproved or rejected by a majority of the voters voting on the publicquestion in each of the reorganizing political subdivisions. Inaddition to any other requirements in IC 3 concerning filing of thecertification, the certification shall be sent to each of the following:
(1) The clerk of each of the reorganizing political subdivisions.
(2) The county auditor of each county in which a reorganizingpolitical subdivision is located.
(3) The county recorder of each county in which a reorganizingpolitical subdivision is located.
(4) The state board of accounts.
(5) The department of local government finance.
(6) The department of state revenue.
(7) The budget agency.
(8) If any of the reorganizing political subdivisions is a schoolcorporation, the department of education.
(b) In the case of a public question on a reorganization describedin section 1(a)(9) of this chapter:
(1) the public question on a plan of reorganization shall beplaced on the ballot for consideration by the voters of the entirecounty;
(2) the vote on the public question by the voters of the entirecounty shall be tabulated;
(3) if the legislative bodies of the reorganizing politicalsubdivisions have agreed that the vote on the public questionshall be conducted with a rejection threshold, the vote on thepublic question by the voters of:
(A) each reorganizing municipality; and
(B) the county (excluding the voters of the reorganizingmunicipalities);
shall be tabulated separately; and
(4) the circuit court clerk shall issue, in a form prescribed by the
state election board, separate certificates regarding whether thepublic question is approved or rejected by the voters of:
(A) the entire county;
(B) each reorganizing municipality (if the legislative bodiesof the reorganizing political subdivisions have agreed thatthe vote on the public question shall be conducted with arejection threshold); and
(C) the county, excluding the voters of the reorganizingmunicipalities (if the legislative bodies of the reorganizingpolitical subdivisions have agreed that the vote on the publicquestion shall be conducted with a rejection threshold);
voting on the public question
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-31
Recording of certification from circuit court clerk
Sec. 31. Each county recorder receiving a certification from acircuit court clerk under section 30 of this chapter shall file thecertification without charge with the plan of reorganization recordedunder section 25 of this chapter.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-32
Approval of public question
Sec. 32. (a) This subsection does not apply to a reorganizationdescribed in section 1(a)(9) of this chapter. A reorganization asspecified in the plan of reorganization is approved if a majority of thevoters in each reorganizing political subdivision voting on the publicquestion approve the public question on the reorganization. The voteof voters of a reorganizing political subdivision (for example, a city)who also are voters in a second reorganizing political subdivision(for example, a township) that is geographically larger than the firstpolitical subdivision and that includes the territory of the firstpolitical subdivision shall be included only in the tally of votes forthe first reorganizing political subdivision in which the voters reside.
(b) This subsection applies only to a reorganization described insection 1(a)(9) of this chapter. The reorganization is approved onlyif:
(1) the percentage of voters voting on the public question whovote, on a countywide basis, in favor of the proposedreorganization is at least equal to the countywide vote approvalpercentage specified in the final reorganization plan;
(2) if the legislative bodies of the reorganizing politicalsubdivisions have agreed that the vote on the public questionshall be conducted with a rejection threshold, the percentage ofvoters of the county (excluding the voters of the reorganizingmunicipalities) voting on the public question who vote againstthe reorganization is less than the rejection threshold includedin the final reorganization plan; and
(3) if the legislative bodies of the reorganizing political
subdivisions have agreed that the vote on the public questionshall be conducted with a rejection threshold, the percentage ofvoters of each reorganizing municipality voting on the publicquestion who vote against the reorganization is less than therejection threshold included in the final reorganization plan.
If the reorganization is not approved, the reorganization isterminated. If the legislative bodies of the reorganizing politicalsubdivisions have agreed that the vote in the public question shall beconducted with a rejection threshold, then in tabulating the votesunder subdivisions (2) and (3), the vote of voters of a reorganizingmunicipality who also are voters in the county shall be included onlyin the tally of votes for the municipality in which the voters reside.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-33
Termination of reorganization if public question not approved
Sec. 33. Except in the case of a reorganization described insection 1(a)(9) of this chapter, if a reorganization is not approved bythe majority of the voters in each reorganizing political subdivisionvoting on the public question, the reorganization is terminated. Apolitical subdivision in which voters of the political subdivisionapproved the reorganization may continue with a reorganization withanother political subdivision in which the reorganization wasapproved only if a new plan of reorganization is approved by thevoters of each political subdivision in the manner provided by thischapter. The reorganization committee shall adopt a plan to specifyhow matters related to the termination of the reorganization shall behandled.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-34
Reorganization according to reorganization plan if public questionapproved
Sec. 34. (a) This section applies if:
(1) in the case of a reorganization that is not described insection 1(a)(9) of this chapter, the majority of the voters of eachof the reorganizing political subdivisions voting on the publicquestion approve the public question concerning thereorganization; or
(2) in the case of a reorganization described in section 1(a)(9)of this chapter, the reorganization is approved as set forth insection 32(b) of this chapter.
(b) The political subdivisions are reorganized in the form andunder the conditions specified by the legislative bodies of thereorganizing political subdivisions in the plan of reorganization filedwith the county recorder under this chapter.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-35
Appointment of town precinct boards Sec. 35. (a) This section applies to an initial election:
(1) of the members of a governing body or officers that areelected by the voters for a reorganized political subdivision that:
(A) is a town; and
(B) has town boundaries that encompass part of anothertown that was part of the reorganization;
(2) that is conducted before the reorganization takes effect; and
(3) to which IC 3-10-7-1 applies.
(b) The members of each precinct board shall be jointly appointedby the town election boards of each of the reorganizing politicalsubdivisions.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-36
Initial election of officials of reorganized political subdivision
Sec. 36. (a) This section applies if section 5 of this chapterrequires an election for a reorganization to become effective.
(b) At the next:
(1) general election, if:
(A) the reorganized political subdivision is not amunicipality or a school corporation; or
(B) the reorganized political subdivision results from areorganization including a county and at least one (1)municipality;
(2) municipal election, if the reorganized political subdivisionis a municipality; or
(3) primary or general election, as specified in an election planadopted in substantially identical resolutions by the legislativebody of each of the participating political subdivisions if thereorganized political subdivision is a school corporation;
after the voters approve a reorganization, one (1) set of officers forthe reorganized political subdivision having the combined populationof the reorganizing political subdivisions shall be elected by thevoters in the territory of the reorganized political subdivision asprescribed by statute.
(c) In the election described in subsection (b):
(1) one (1) member of the legislative body of the reorganizedpolitical subdivision shall be elected from each election districtestablished by the reorganizing political subdivisions insubstantially identical resolutions adopted by the legislativebody of each of the reorganizing political subdivisions; and
(2) the total number of at large members shall be elected asprescribed by statute for the reorganized political subdivision.
(d) If appointed officers are required in the reorganized politicalsubdivision, one (1) set of appointed officers shall be appointed forthe reorganized political subdivision. The appointments shall bemade as required by statute for the reorganized political subdivision.Any statute requiring an appointed officer to reside in the politicalsubdivision where the appointed officer resides shall be treated aspermitting the appointed officer to reside in any part of the territory
of the reorganized political subdivision.
As added by P.L.186-2006, SEC.4. Amended by P.L.113-2010,SEC.112.
IC 36-1.5-4-37
Change of boundaries
Sec. 37. The legislative bodies of the reorganizing politicalsubdivisions and an adjacent political subdivision may change theboundaries of the reorganized political subdivision by adoptingsubstantially identical resolutions clearly describing the boundarychanges. The resolutions must be filed as required by law for aboundary change for the reorganized political subdivision and maynot provide for a territory that is smaller than the territory permittedby law for any of the political subdivisions. If the law establishesadditional procedures for the annexation or disannexation of theterritory of a political subdivision, the political subdivisionschanging boundaries must comply with the annexation ordisannexation procedures required by law.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-38
Powers of reorganized political subdivision
Sec. 38. A reorganized political subdivision has the powersgranted by statute to a political subdivision of the same type as thereorganized political subdivision. However, if authorized by the planof reorganization approved by the voters in a public question underthis chapter, the reorganized political subdivision will exercise apower or have the officers or number of offices that a statute wouldhave permitted any of the reorganizing political subdivisions to have.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-39
Exercise of powers of reorganizing political subdivisions
Sec. 39. If a law does not permit the reorganized politicalsubdivision to exercise generally throughout the territory of thereorganized political subdivision a power that any of the reorganizingpolitical subdivisions had before the reorganization, the reorganizedpolitical subdivision may exercise the power outside the originalterritory of the reorganizing political subdivision only by followingthe laws applicable to the expansion of the service area of thereorganizing political subdivision.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-40
Debt; pension obligations
Sec. 40. The following apply in the case of a reorganization underthis article:
(1) Indebtedness that was incurred by a political subdivisionbefore the reorganization:
(A) may not be imposed on taxpayers that were not
responsible for payment of the indebtedness before thereorganization; and
(B) must be paid by the taxpayers that were responsible forpayment of the indebtedness before the reorganization.
(2) Pension obligations existing as of the effective date of thereorganization:
(A) may not be imposed on taxpayers that were notresponsible for payment of the pension obligations beforethe reorganization; and
(B) must be paid by the taxpayers that were responsible forpayment of the pension obligations before thereorganization.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-41
Pension fund membership
Sec. 41. (a) Notwithstanding any other law, an individual:
(1) who is employed as a firefighter or a police officer by apolitical subdivision that is reorganized under this article;
(2) who is a member of the 1977 fund before the effective dateof the reorganization under this article; and
(3) who, after the reorganization, becomes an employee of thefire department, police department, or county police departmentof the reorganized political subdivision;
remains a member of the 1977 fund without being required to meetthe requirements under IC 36-8-8-19 and IC 36-8-8-21. Thefirefighter or police officer shall receive credit for any service as amember of the 1977 fund before the reorganization to determine thefirefighter's or police officer's eligibility for benefits under IC 36-8-8.
(b) Notwithstanding any other law, an individual:
(1) who is employed as a firefighter by a political subdivisionthat is reorganized under this article;
(2) who is a member of the 1937 fund before the effective dateof the reorganization under this article; and
(3) who, after the reorganization, becomes an employee of thefire department of the reorganized political subdivision;
remains a member of the 1937 fund. The firefighter shall receivecredit for any service as a member of the 1937 fund before thereorganization to determine the firefighter's eligibility for benefitsunder IC 36-8-7.
(c) Notwithstanding any other law, an individual:
(1) who is employed as a member of a county police departmentby a political subdivision that is reorganized under this article;
(2) who is a member of the sheriff's pension trust before theeffective date of the reorganization under this article; and
(3) who, after the reorganization, becomes a law enforcementofficer of the reorganized political subdivision;
remains a member of the sheriff's pension trust. The individual shallreceive credit for any service as a member of the sheriff's pensiontrust before the reorganization to determine the individual's eligibility
for benefits under IC 36-8-10.
(d) Notwithstanding any other law, an individual:
(1) who is employed as a police officer by a politicalsubdivision that is reorganized under this article;
(2) who is a member of the 1925 fund or 1953 fund before theeffective date of the reorganization under this article; and
(3) who, after the reorganization, becomes an employee of thepolice department or county police department of thereorganized political subdivision;
remains a member of the 1925 fund or 1953 fund. The police officershall receive credit for any service as a member of the 1925 fund or1953 fund before the reorganization to determine the police officer'seligibility for benefits under IC 36-8-6 or IC 36-8-7.5.
(e) Notwithstanding any other law, an individual:
(1) who is employed by a political subdivision that isreorganized under this article;
(2) who is a member of the pre-1996 account (as defined inIC 5-10.4-1-12) before the effective date of the reorganizationunder this article; and
(3) who, after the reorganization, becomes an employee of thereorganized political subdivision in a position that qualifies theindividual for service credit in the Indiana state teachers'retirement fund;
remains a member of the pre-1996 account.
As added by P.L.186-2006, SEC.4. Amended by P.L.2-2007,SEC.383.
IC 36-1.5-4-42
Transfer of functions of elected office
Sec. 42. If the functions of an elected office are transferred toanother elected office by a reorganization under this article, any law,rule, or agreement that requires or permits an action by an electedofficer shall be treated after the functions of the elected officer aretransferred as referring to the elected officer to which the functionshave been transferred by the reorganization.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-43
Termination of reorganization; restoration of reorganizingpolitical subdivisions
Sec. 43. The legislative body or voters of a reorganized politicalsubdivision may terminate a reorganization or restore one (1) or moreof the reorganizing political subdivisions participating in areorganization in the same manner that a reorganization may beinitiated under this chapter. If the voters in the reorganized politicalsubdivision approve a public question approving termination of thereorganization or restoration of a reorganizing political subdivision,the reorganized political subdivision shall terminate thereorganization and restore the reorganizing political subdivisions inthe same manner as a reorganization is completed under this chapter.As added by P.L.186-2006, SEC.4.