CHAPTER 2. COUNTY EXECUTIVE
IC 36-2-2
Chapter 2. County Executive
IC 36-2-2-1
Application of chapter
Sec. 1. This chapter applies to all counties not having aconsolidated city.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,P.L.11, SEC.135.
IC 36-2-2-2
Board of commissioners to be county executive
Sec. 2. The three (3) member board of commissioners of a countyelected under this chapter is the county executive. In the name of"The Board of Commissioners of the County of ________" theexecutive shall transact the business of the county.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-2-3
Election of executive; terms
Sec. 3. (a) The executive shall be elected under IC 3-10-2-13 bythe voters of the county. The number of members to be elected to theexecutive alternates between one (1) and two (2) at succeedinggeneral elections.
(b) The term of office of a member of the executive is four (4)years, beginning January 1 after election and continuing until asuccessor is elected and qualified.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.5-1986,SEC.33.
IC 36-2-2-4
Division of county into districts; membership, duties, andcompensation of county redistricting commission; single-memberdistrict criteria
Sec. 4. (a) This subsection does not apply to a county having apopulation of:
(1) more than four hundred thousand (400,000) but less thanseven hundred thousand (700,000); or
(2) more than two hundred thousand (200,000) but less thanthree hundred thousand (300,000).
The executive shall divide the county into three (3) districts that arecomposed of contiguous territory and are reasonably compact. Thedistrict boundaries drawn by the executive must not cross precinctboundary lines and must divide townships only when a division isclearly necessary to accomplish redistricting under this section. Ifnecessary, the county auditor shall call a special meeting of theexecutive to establish or revise districts.
(b) This subsection applies to a county having a population ofmore than four hundred thousand (400,000) but less than sevenhundred thousand (700,000). A county redistricting commission shall
divide the county into three (3) single-member districts that complywith subsection (d). The commission is composed of:
(1) the members of the Indiana election commission;
(2) two (2) members of the senate selected by the president protempore, one (1) from each political party; and
(3) two (2) members of the house of representatives selected bythe speaker, one (1) from each political party.
The legislative members of the commission have no vote and may actonly in an advisory capacity. A majority vote of the voting membersis required for the commission to take action. The commission maymeet as frequently as necessary to perform its duty under thissubsection. The commission's members serve without additionalcompensation above that provided for them as members of theIndiana election commission, the senate, or the house ofrepresentatives.
(c) This subsection applies to a county having a population ofmore than two hundred thousand (200,000) but less than threehundred thousand (300,000). The executive shall divide the countyinto three (3) single-member districts that comply with subsection(d).
(d) Single-member districts established under subsection (b) or (c)must:
(1) be compact, subject only to natural boundary lines (such asrailroads, major highways, rivers, creeks, parks, and majorindustrial complexes);
(2) contain, as nearly as is possible, equal population; and
(3) not cross precinct lines.
(e) A division under subsection (a), (b), or (c) shall be made:
(1) during the first year after a year in which a federal decennialcensus is conducted; and
(2) when the county adopts an order declaring a countyboundary to be changed under IC 36-2-1-2.
(f) A division under subsection (a), (b), or (c) may be made in anyodd-numbered year not described in subsection (e).
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980,P.L.125, SEC.13; Acts 1981, P.L.11, SEC.136; Acts 1981, P.L.17,SEC.6; P.L.10-1988, SEC.236; P.L.13-1988, SEC.13; P.L.5-1989,SEC.87; P.L.12-1992, SEC.150; P.L.2-1996, SEC.287;P.L.122-2000, SEC.20; P.L.230-2005, SEC.82.
IC 36-2-2-4.5
Territory not included in any district
Sec. 4.5. (a) If any territory in a county is not included in one (1)of the districts established under section 4 of this chapter, theterritory is included in the district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous tothat territory.
(b) If any territory in any county is included in more than one (1)of the districts established under section 4 of this chapter, the
territory is included in the district that:
(1) is one (1) of the districts in which the territory is describedin the ordinance adopted under section 4 of this chapter;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous tothat territory.
As added by P.L.3-1993, SEC.256.
IC 36-2-2-4.7
Ordinance to divide county into districts
Sec. 4.7. (a) Whenever the executive divides the county intodistricts under section 4 of this chapter, the executive shall adopt anordinance.
(b) The executive shall file a copy of an ordinance adopted undersubsection (a) with the circuit court clerk.
As added by P.L.3-1993, SEC.257.
IC 36-2-2-5
Eligibility; forfeiture of office; number of members elected
Sec. 5. (a) To be eligible for election to the executive, a personmust meet the qualifications prescribed by IC 3-8-1-21.
(b) A member of the executive must reside within:
(1) the county as provided in Article 6, Section 6 of theConstitution of the State of Indiana; and
(2) the district from which the member was elected.
(c) If the person does not remain a resident of the county anddistrict after taking office, the person forfeits the office. The countyfiscal body shall declare the office vacant whenever a member of theexecutive forfeits office under this subsection.
(d) In a county having a population of:
(1) more than four hundred thousand (400,000) but less thanseven hundred thousand (700,000); or
(2) more than two hundred thousand (200,000) but less thanthree hundred thousand (300,000);
one (1) member of the executive shall be elected by the voters ofeach of the three (3) single-member districts established undersection 4(b) or 4(c) of this chapter. In other counties, all three (3)members of the executive shall be elected by the voters of the wholecounty.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,P.L.11, SEC.137; Acts 1981, P.L.17, SEC.7; P.L.5-1986, SEC.34;P.L.3-1987, SEC.542; P.L.12-1992, SEC.151; P.L.14-2004,SEC.192.
IC 36-2-2-6
Meetings
Sec. 6. The executive shall hold a regular meeting at least onceeach month and at other times as needed to conduct all necessarybusiness. Dates of regular meetings shall be established by resolutionat the first meeting in January of each year.As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,P.L.11, SEC.138; Acts 1981, P.L.17, SEC.8; P.L.341-1983, SEC.1.
IC 36-2-2-7
Disqualification of executive in quasi-judicial proceeding;appointment of special members
Sec. 7. (a) If the executive finds that two (2) or more of itsmembers are disqualified from acting in a quasi-judicial proceeding,the disqualified members shall cease to act in that proceeding.Within ten (10) days after the finding, the county auditor shall senda certified copy of the record of the proceeding to the judge of thecircuit court for the county. If the judge affirms the disqualificationof the members of the executive, he shall appoint disinterested andcompetent persons to serve as special members of the executive inthe proceeding.
(b) A person who consents to serve as a special member of theexecutive must have the same qualifications as an elected member ofthe executive. His appointment and oath shall be filed with thecounty auditor and entered on the records of the executive, and hemay act with the other members of the executive conducting theproceeding until a final determination is reached.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-2-8
Special meeting; notice
Sec. 8. (a) If the public interest requires a special meeting of theexecutive, such a meeting may be called by a member of theexecutive or by:
(1) the county auditor;
(2) the county clerk, if the office of county auditor is vacant; or
(3) the county recorder, if the offices of county auditor andcounty clerk are both vacant.
(b) An officer calling a special meeting of the executive shall giveat least six (6) days notice of the meeting unless the meeting is calledto deal with an emergency under IC 5-14-1.5-5. The notice mustinclude a specific statement of the purpose of the meeting, and theexecutive may not conduct any unrelated business at the meeting.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980,P.L.125, SEC.14; Acts 1981, P.L.17, SEC.9.
IC 36-2-2-9
Location of meetings
Sec. 9. The executive may select a location other than the countycourthouse for its meetings only if the courthouse is not suitable, isinconvenient, or has been replaced or supplemented by otherbuildings to house county government offices.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-2-10
Business day Sec. 10. The executive shall keep its office open on each businessday.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,P.L.11, SEC.139; P.L.255-1993, SEC.1.
IC 36-2-2-11
Records of official proceedings
Sec. 11. (a) The county auditor shall attend all meetings of, andrecord in writing the official proceedings of, the executive.
(b) If a copy of the executive's proceedings has been signed andsealed by the auditor and introduced into evidence in court, that copyis presumed to be an accurate record of the executive's proceedings.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-2-12
Appointments made by executive
Sec. 12. Appointments made by the executive shall be certified bythe county auditor, under the seal of the executive.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-2-13
County officer; employment; requisites; violation; offense; penalty
Sec. 13. (a) The executive may employ a person:
(1) to perform a duty required of a county officer by statute; or
(2) on a commission or percentage basis;
only if the employment is expressly authorized by statute or is foundby the executive to be necessary to the public interest.
(b) If a person's employment under subsection (a) is not expresslyauthorized by statute, the contract for his employment must be filedwith the circuit court for the county, and he must file his claims forcompensation with that court. Any taxpayer may contest a claimunder this section.
(c) A member of the executive who recklessly violates this sectioncommits a Class C misdemeanor and forfeits his office.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-2-14
County administrator; appointment; power and duties; vacancy
Sec. 14. (a) The executive may appoint a county administrator tobe the administrative head of the county under the supervision of theexecutive and to hold office at the pleasure of the executive. Theexecutive may assign any office, position, or duties under its controlto the administrator, and may by resolution withdraw any of thepowers and duties assigned.
(b) Under the supervision of the executive and with its expressauthorization by resolution, the administrator may:
(1) assist in the administration and enforcement of policies andresolutions of the executive;
(2) supervise activities of county government subject to thecontrol of the executive; (3) attend meetings of the executive;
(4) recommend measures for adoption to the executive;
(5) prepare and submit reports that he considers advisable orthat the executive requires;
(6) keep the executive fully advised on the financial conditionof the county;
(7) prepare and submit a budget for each fiscal year; and
(8) perform other duties that the executive requests byresolution.
(c) If the administrator is absent from his office due to illness,death, vacation, resignation, or removal, the president of theexecutive, if any, or a qualified person appointed by the executiveshall act as administrator until the administrator returns to his dutiesor the executive appoints a new administrator.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,P.L.11, SEC.140.
IC 36-2-2-15
Administration of oaths; enforcement powers of executive;execution of executive orders by county sheriff
Sec. 15. (a) The county auditor or a member of the executive mayadminister all oaths required by this chapter.
(b) The executive may:
(1) punish contempt by a fine of not more than three dollars($3) or by imprisonment for not more than twenty-four (24)hours; and
(2) enforce its orders by attachment or other compulsoryprocess.
(c) Fines assessed by the executive shall be executed, collected,and paid over in the same manner as other fines.
(d) The county sheriff or a county police officer shall attend themeetings of the executive, if requested by the executive, and shallexecute its orders.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980,P.L.125, SEC.15; P.L.131-1983, SEC.11.
IC 36-2-2-16
Accounts chargeable against county; sums for expenses
Sec. 16. The executive may:
(1) approve accounts chargeable against the county; and
(2) direct the raising of sums necessary for county expenses.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-2-17
Audit of accounts
Sec. 17. The executive may audit the accounts of officers whodeal with money belonging to or appropriated for the benefit of thecounty.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980,P.L.125, SEC.16.
IC 36-2-2-18
Annual settlement by executive and county treasurer
Sec. 18. At the regular meeting of the executive in January of eachyear, the executive and the county treasurer shall make a settlementfor the preceding calendar year. A copy of the settlement sheet shallbe copied in the order book of the executive.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-2-19
Annual statement of county's receipts and expenditures; postingand publication
Sec. 19. At its second regular meeting each year, the executiveshall make an accurate statement of the county's receipts andexpenditures during the preceding calendar year. The statement mustinclude the name of and total compensation paid to each countyofficer, deputy, and employee. The executive shall post thisstatement at the courthouse door and two (2) other places in thecounty and shall publish it in the manner prescribed by IC 5-3-1.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980,P.L.125, SEC.17; P.L.64-1995, SEC.11; P.L.98-2000, SEC.19.
IC 36-2-2-20
County property; sale; acquisition; orders; ordinance
Sec. 20. The county executive may make orders concerningcounty property, including orders for:
(1) the sale of the county's public buildings and the acquisitionof land in the county seat on which to build new publicbuildings; and
(2) the acquisition of land for a public square and themaintenance of that square.
However, a conveyance or purchase by a county of land having avalue of one thousand dollars ($1,000) or more must be authorizedby an ordinance of the county fiscal body fixing the terms andconditions of the transaction.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-2-21
Repealed
(Repealed by Acts 1981, P.L.57, SEC.45.)
IC 36-2-2-22
Repealed
(Repealed by Acts 1981, P.L.57, SEC.45.)
IC 36-2-2-23
County property; licenses, permits, or franchises for use; utilities;state consent
Sec. 23. (a) The executive may grant licenses, permits, orfranchises for the use of county property if they:
(1) are not exclusive; (2) are of a definite duration; and
(3) are assignable only with the consent of the executive.
(b) If a public utility or municipally owned or operated utility thatcarries on business outside the corporate boundaries ofmunicipalities in the county is engaged in an activity substantiallysimilar to that for which a license, permit, or franchise for the use ofcounty property is sought, the executive may grant the license,permit, or franchise only with the consent of the utility regulatorycommission. The commission may give its consent only if itdetermines, after a public hearing of all interested parties, that publicnecessity and convenience require the substantially similar activity.
(c) The provisions of this section that concern securing theconsent of the utility regulatory commission do not apply tomunicipally owned or operated utilities.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.23-1988,SEC.117.
IC 36-2-2-24
County courthouse, jail, and public offices
Sec. 24. (a) The executive shall establish and maintain a countycourthouse, county jail, and public offices for the county clerk, thecounty auditor, the county recorder, the county treasurer, the countysheriff, the county surveyor, and the county superintendent ofschools.
(b) Offices for the surveyor and superintendent of schools must bein the courthouse or at the county seat.
(c) Offices for the sheriff may be located:
(1) in the courthouse;
(2) inside the corporate limits of the county seat; or
(3) outside the corporate limits of the county seat but within thelimits of the county.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.65-1994,SEC.2.
IC 36-2-2-25
Notice, report, or statement; cost of publication; violation; offense
Sec. 25. Whenever publication of a notice, report, or statement ofany kind is required and a county is liable for the cost of thatpublication, the executive may not make or pay for publication inmore than one (1) newspaper unless publication in two (2)newspapers is required. A person who violates this section commitsa Class C infraction.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-2-26
Repealed
(Repealed by Acts 1981, P.L.11, SEC.63.)
IC 36-2-2-27
Appeal of decision of executive; aggrieved party; person not party
to proceeding; time limitation
Sec. 27. (a) A party to a proceeding before the executive who isaggrieved by a decision of the executive may appeal that decision tothe circuit court for the county.
(b) A person who is not a party to a proceeding before theexecutive may appeal a decision of the executive only if he files withthe county auditor an affidavit:
(1) specifically setting forth his interest in the matter decided;and
(2) alleging that he is aggrieved by the decision of theexecutive.
(c) An appeal under this section must be taken within thirty (30)days after the executive makes the decision by which the appellantis aggrieved.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-2-28
Appeal of decision of executive; appellant's bond; transcript ofproceedings
Sec. 28. (a) An appellant under section 27 of this chapter must filewith the county auditor a bond conditioned on due prosecution of theappeal. The bond is subject to approval by the auditor, and it must bein an amount sufficient to provide security for court costs.
(b) Within twenty (20) days after he receives the appeal bond, theauditor shall prepare a complete transcript of the proceedings of theexecutive related to the decision appealed from and shall deliver thetranscript, all documents filed during the proceedings, and the appealbond to the clerk of the circuit court.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-2-29
Appeal of decision of executive; docket; court decision
Sec. 29. (a) An appeal under section 27 of this chapter shall bedocketed among the other causes pending in the circuit court andshall be tried as an original cause.
(b) A court may decide an appeal under section 27 of this chapterby:
(1) affirming the decision of the executive; or
(2) remanding the cause to the executive with directions as tohow to proceed;
and may require the executive to comply with this decision.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-2-30
Employment of attorney to represent and advise executive
Sec. 30. (a) The executive may employ and fix the compensationof an attorney to represent and advise the executive.
(b) For the purposes of Section 9, Article 2 of the Constitution ofthe State of Indiana, employment by a county executive as anattorney does not constitute a lucrative office.As added by P.L.137-1989, SEC.12.