IC 36-2-3.5
    Chapter 3.5. Division of Powers of Certain Counties

IC 36-2-3.5-1
Application of chapter
    Sec. 1. This chapter applies to:
        (1) a county having a population of:
            (A) more than four hundred thousand (400,000) but less thanseven hundred thousand (700,000); or
            (B) more than two hundred thousand (200,000) but less thanthree hundred thousand (300,000); and
        (2) any other county not having a consolidated city, if both thecounty executive and the county fiscal body adopt identicalordinances providing for the county to be governed by thischapter beginning on a specified effective date.
As added by Acts 1981, P.L.11, SEC.147. Amended by Acts 1981,P.L.307, SEC.1; P.L.12-1992, SEC.154.

IC 36-2-3.5-2
Executive and legislative branches; separation of powers
    Sec. 2. The powers of the county are divided between theexecutive and legislative branches of its government. A powerbelonging to one (1) branch of the county's government may not beexercised by the other branch.
As added by Acts 1981, P.L.11, SEC.147.

IC 36-2-3.5-3
Board of commissioners as executive; county council as legislativeand fiscal body
    Sec. 3. The board of commissioners elected under IC 36-2-2 is thecounty executive. The county council elected under IC 36-2-3 is thecounty legislative body as well as the county fiscal body.
As added by Acts 1981, P.L.11, SEC.147.

IC 36-2-3.5-4
Executive powers and duties
    Sec. 4. (a) All powers and duties of the county that are executiveor administrative in nature shall be exercised or performed by itsexecutive, except to the extent that these powers and duties areexpressly assigned to other elected officers.
    (b) The executive shall:
        (1) report the state of the county annually before March 1 to thecounty legislative body and to the people of the county;
        (2) recommend annually before March 1 to the legislative bodywhatever action or program it considers necessary for theimprovement of the county and the welfare of its residents;
        (3) submit to the legislative body an annual budget inaccordance with IC 36-2-5;
        (4) establish the procedures to be followed by all countydepartments, offices, and agencies under its jurisdiction to the

extent these procedures are not expressly assigned to otherelected officers;
        (5) administer all statutes applicable to the county, and itsordinances and regulations, to the extent these matters are notexpressly assigned to other elected officers;
        (6) supervise the care and custody of all county property;
        (7) supervise the collection of revenues and control alldisbursements and expenditures, and prepare a completeaccount of all expenditures, to the extent these matters are notexpressly assigned to other elected officers;
        (8) review, analyze, and forecast trends for county services andfinances, and programs of all county governmental entities, andreport and recommend on these to the legislative body byMarch 15 each year;
        (9) negotiate contracts for the county;
        (10) make recommendations concerning the nature and locationof county improvements, and provide for the execution of thoseimprovements;
        (11) supervise county administrative offices except for theoffices of elected officers; and
        (12) perform other duties and functions that are imposed on itby statute or ordinance.
    (c) The executive may:
        (1) order any agency under its jurisdiction to undertake any taskfor any other agency under its jurisdiction on a temporary basis,if necessary for the proper and efficient administration ofcounty government;
        (2) approve or veto ordinances passed by the legislative body,in the manner prescribed by IC 36-2-4-8; and
        (3) establish and administer centralized budgeting, centralizedpersonnel selection, and centralized purchasing.
As added by Acts 1981, P.L.11, SEC.147.

IC 36-2-3.5-5
Legislative powers and duties
    Sec. 5. (a) All powers and duties of the county that are legislativein nature shall be exercised or performed by its legislative body.
    (b) The legislative body may:
        (1) establish the committees that are necessary to carry out itsfunctions;
        (2) employ legal and administrative personnel necessary tocarry out its functions;
        (3) pass all ordinances, orders, resolutions, and motions for thegovernment of the county, in the manner prescribed byIC 36-2-4;
        (4) receive gifts, bequests, and grants from public or privatesources;
        (5) conduct investigations into the conduct of county businessfor the purpose of correcting deficiencies and insuringadherence to law and county policies and regulations; and        (6) establish, by ordinance, new county departments, divisions,or agencies whenever necessary to promote efficient countygovernment.
As added by Acts 1981, P.L.11, SEC.147.

IC 36-2-3.5-6
Elections; stay upon failure to divide county into districts; courtorders
    Sec. 6. (a) A court may issue an order, before final hearing, to stayan election if there is sufficient evidence to withstand a motion forsummary judgment that the county has not been divided into districtsthat comply with IC 36-2-2-4 or IC 36-2-3-4. A preliminary hearingon the question may be held upon the court's own motion.
    (b) Final judgment on the merits in such a case shall be madewithin thirty (30) days of the stay of election order. If theredistricting is found not to be in compliance with law, the courtshall retain jurisdiction and shall order the proper officials to submitwithin thirty (30) days a redistricting plan complying with law. If theproper officials fail to comply with the order, the court shall orderthe Indiana election commission to divide the county into districts incompliance with law.
As added by Acts 1981, P.L.11, SEC.147. Amended by P.L.2-1996,SEC.288.