CHAPTER 3. COUNTY FISCAL BODY
IC 36-2-3
Chapter 3. County Fiscal Body
IC 36-2-3-1
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.141.
IC 36-2-3-2
County council to be county fiscal body
Sec. 2. (a) The seven (7) member county council elected underthis chapter is the county fiscal body. The fiscal body shall act in thename of "The _________ County Council".
(b) Notwithstanding subsection (a), in a county having apopulation of more than two hundred thousand (200,000) but lessthan three hundred thousand (300,000), the county council has nine(9) members.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,P.L.11, SEC.142; P.L.12-1992, SEC.152.
IC 36-2-3-3
Election of fiscal body; terms
Sec. 3. (a) The fiscal body shall be elected under IC 3-10-2-13.Except in a county having only single-member districts, memberselected from districts and at large members, respectively, are to beelected in alternate, succeeding general elections under section 4 ofthis chapter. In a county having only single-member districts, theterms of the members are staggered as was provided by law beforeSeptember 1, 1980.
(b) The term of office of a member of the fiscal body 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 Acts 1981,P.L.11, SEC.143; P.L.5-1986, SEC.35.
IC 36-2-3-4
Election of fiscal body; division of county into districts;single-member district 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 county executive shall, by ordinance, divide the county into four(4) contiguous, single-member districts that comply with subsection(d). If necessary, the county auditor shall call a special meeting of theexecutive to establish or revise districts. One (1) member of the fiscal
body shall be elected by the voters of each of the four (4) districts.Three (3) at-large members of the fiscal body shall be elected by thevoters of the whole county.
(b) This subsection applies to a county having a population ofmore than four hundred thousand (400,000) but less than sevenhundred thousand (700,000). The county redistricting commissionestablished under IC 36-2-2-4 shall divide the county into seven (7)single-member districts that comply with subsection (d). One (1)member of the fiscal body shall be elected by the voters of each ofthese seven (7) single-member districts.
(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 fiscal body shall divide the countyinto nine (9) single-member districts that comply with subsection (d).Three (3) of these districts must be contained within each of the three(3) districts established under IC 36-2-2-4(c). One (1) member of thefiscal body shall be elected by the voters of each of these nine (9)single-member districts.
(d) Single-member districts established under subsection (a), (b),or (c) must:
(1) be compact, subject only to natural boundary lines (such asrailroads, major highways, rivers, creeks, parks, and majorindustrial complexes);
(2) not cross precinct boundary lines;
(3) contain, as nearly as possible, equal population; and
(4) include whole townships, except when a division is clearlynecessary to accomplish redistricting under this section.
(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 executive adopts an order declaring acounty boundary 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 1981,P.L.11, SEC.144; Acts 1981, P.L.17, SEC.10; Acts 1981, P.L.5,SEC.2; P.L.10-1988, SEC.237; P.L.13-1988, SEC.14; P.L.5-1989,SEC.88; P.L.12-1992, SEC.153; P.L.122-2000, SEC.21;P.L.230-2005, SEC.83.
IC 36-2-3-4.5
Territory not included in any district
Sec. 4.5. (a) If any territory in any 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.258.
IC 36-2-3-4.7
Ordinance for division of county into districts
Sec. 4.7. (a) Whenever the county executive or the county fiscalbody divides the county into districts under section 4 of this chapter,the county executive or the county fiscal body shall adopt anordinance.
(b) The county executive or the county fiscal body shall file acopy of an ordinance adopted under subsection (a) with the circuitcourt clerk.
As added by P.L.3-1993, SEC.259.
IC 36-2-3-5
Election of fiscal body; prerequisites; forfeiture of office fornoncompliance with section
Sec. 5. (a) To be eligible to serve as a member of the fiscal body,a person must meet the qualifications prescribed by IC 3-8-1-22.
(b) A member of the fiscal body 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, ifapplicable.
(c) A member who fails to comply with subsection (b) forfeits theoffice.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,P.L.11, SEC.145; Acts 1981, P.L.17, SEC.11; P.L.5-1986, SEC.36;P.L.3-1987, SEC.543.
IC 36-2-3-6
Election of president and president pro tempore; county auditor toserve as clerk; execution of orders by sheriff; employment of legaland administrative personnel
Sec. 6. (a) At its regular meeting required by section 7(b)(1) ofthis chapter, the fiscal body shall elect a president and president protempore from its members.
(b) The county auditor is the clerk of the fiscal body and shall:
(1) preserve the fiscal body's records in his office;
(2) keep an accurate record of the fiscal body's proceedings;
(3) record the ayes and nays on each vote appropriating moneyor fixing the rate of a tax levy; and
(4) record the ayes and nays on other votes when requested todo so by two (2) or more members.
(c) The county sheriff or a county police officer shall attend the
meetings of the fiscal body, if requested by the fiscal body, and shallexecute its orders.
(d) The fiscal body may employ legal and administrativepersonnel necessary to assist and advise it in the performance of itsfunctions and duties.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980,P.L.125, SEC.18; Acts 1981, P.L.17, SEC.12; P.L.131-1983, SEC.12.
IC 36-2-3-7
Meetings; location; duties; special meetings; notice; emergencymeetings
Sec. 7. (a) The fiscal body shall hold its meetings in the countyseat, in the county auditor's office, or in another location provided bythe county executive and approved by the fiscal body.
(b) The fiscal body:
(1) shall hold a regular meeting in January after its election, forthe purpose of organization and other business;
(2) shall hold a regular meeting annually, as prescribed byIC 6-1.1-17, to adopt the county's annual budget and tax rate;
(3) may hold a special meeting under subsection (c) or (d); and
(4) in the case of a county subject to IC 36-2-3.5, shall holdmeetings at a regularly scheduled time each month that does notconflict with the meetings of the county executive.
(c) A special meeting of the fiscal body may be called:
(1) by the county auditor or the president of the fiscal body; or
(2) by a majority of the members of the fiscal body.
At least forty-eight (48) hours before the meeting, the auditor,president, or members calling the meeting shall give written noticeof the meeting to each member of the fiscal body and publish, at leastone (1) day before the meeting, the notice in accordance withIC 5-3-1-4. This subsection does not apply to a meeting called to dealwith an emergency under IC 5-14-1.5-5.
(d) If a court orders the county auditor to make an expenditure ofcounty money for a purpose for which an appropriation has not beenmade, the auditor shall immediately call an emergency meeting of thefiscal body to discuss the matter. Notwithstanding subsection (c), themeeting must be held within three (3) working days of the receipt ofthe order by the auditor, and notice of the meeting day, time, andplaces is sufficient if:
(1) given by telephone to the members of the fiscal body; and
(2) given according to IC 5-14-1.5.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980,P.L.125, SEC.19; Acts 1981, P.L.11, SEC.146; Acts 1981, P.L.17,SEC.13; Acts 1982, P.L.33, SEC.17.
IC 36-2-3-8
Adverse interest; forfeiture
Sec. 8. A member of the fiscal body who purchases a bond, order,claim, or demand against the county for less than its face value shallforfeit it to the county and may not enforce it by legal action.As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-3-9
Expulsion of member of fiscal body; declaring seat of membervacant; procedure
Sec. 9. The fiscal body may:
(1) expel any member for violation of an official duty;
(2) declare the seat of any member vacant if he is unable or failsto perform the duties of his office; and
(3) adopt its own rules to govern proceedings under this section,but a two-thirds (2/3) vote is required to expel a member orvacate his seat.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-3-10
Employment of attorney to represent and advise fiscal body
Sec. 10. (a) The fiscal body may employ and fix the compensationof an attorney to represent and advise the fiscal body.
(b) For the purposes of Section 9, Article 2 of the Constitution ofthe State of Indiana, employment by a county fiscal body as anattorney does not constitute a lucrative office.
As added by P.L.137-1989, SEC.13.