CHAPTER 4. LEGISLATIVE BODIES
IC 36-3-4
Chapter 4. Legislative Bodies
IC 36-3-4-1
Application of chapter
Sec. 1. This chapter applies to each consolidated city and itscounty.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-2
City-county council; membership; election; eligibility; vacancy;term of office
Sec. 2. (a) A twenty-nine (29) member city-county council, whichis the legislative body of both the consolidated city and the county,shall be elected under IC 3-10-6 by the voters of the county.
(b) To be eligible to serve as a member of the legislative body, aperson must meet the qualifications prescribed by IC 3-8-1-25.
(c) A member of the legislative 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.
(d) A vacancy in the legislative body occurs whenever a member:
(1) dies, resigns, or is removed from office;
(2) ceases to be a resident of the county or district from whichthe member was elected; or
(3) is incapacitated to the extent that the member is unable toperform the member's duties for more than six (6) months.
(e) The vacancy shall be filled under IC 3-13-8.
(f) The term of office of a member of the legislative body is four(4) years, beginning at noon on January 1 after election andcontinuing until a successor is elected and qualified.
As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.5-1986,SEC.40; P.L.3-1987, SEC.552.
IC 36-3-4-3
City-county legislative body; division of county into districts;composition of body; election; petition for division of county
Sec. 3. (a) The city-county legislative body shall, by ordinance,divide the whole county into twenty-five (25) districts that:
(1) are 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) do not cross precinct boundary lines.
This division shall be made during the second year after a year inwhich a federal decennial census is conducted and may also be madeat any other time, subject to IC 3-11-1.5-32.
(b) The legislative body is composed of twenty-five (25) memberselected from the districts established under subsection (a) and four
(4) members elected from an at-large district containing the wholecounty.
(c) Each voter of the county may vote for four (4) candidates forat-large membership and one (1) candidate from the district in whichthe voter resides. The four (4) at-large candidates receiving the mostvotes from the whole county and the district candidates receiving themost votes from their respective districts are elected to the legislativebody.
(d) If the legislative body fails to make the division before thedate prescribed by subsection (a) or the division is alleged to violatesubsection (a) or other law, a taxpayer or registered voter of thecounty may petition the superior court of the county to hear anddetermine the matter. The court shall hear and determine the matteras a five (5) member panel of judges from the superior court. Theclerk of the court shall select the judges electronically and randomly.Not more than three (3) members of the five (5) member panel ofjudges may be of the same political party. The first judge selectedshall maintain the case file and preside over the proceedings. Theremay not be a change of venue from the court or from the county. Thecourt may appoint a master to assist in its determination and maydraw proper district boundaries if necessary. An appeal from thecourt's judgment must be taken within thirty (30) days, directly to thesupreme court, in the same manner as appeals from other actions.
(e) An election of the legislative body held under the ordinance orcourt judgment determining districts that is in effect on the date ofthe election is valid, regardless of whether the ordinance or judgmentis later determined to be invalid.
As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1980,P.L.213, SEC.2; P.L.346-1983, SEC.2; P.L.5-1986, SEC.41;P.L.13-1988, SEC.15; P.L.230-2005, SEC.84; P.L.141-2007, SEC.2.
IC 36-3-4-3.5
Territories not included in any district or more than one district
Sec. 3.5. (a) If any territory in any county is not included in one(1) of the districts established under section 3 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 3 of this chapter, theterritory is included in the district that:
(1) is one (1) of the districts in which the territory is describedin the ordinance adopted under section 3 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.260.
IC 36-3-4-4 City-county legislative body; expulsion of member; declaration ofvacancy; rules
Sec. 4. The city-county legislative body may:
(1) expel any member for violation of an official duty;
(2) declare the seat of any member vacant if he is unable toperform the duties of his office; and
(3) adopt its own rules to govern proceedings under thissubsection.
However, a two-thirds (2/3) vote is required to expel a member orvacate his seat.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-5
Special service district council; composition
Sec. 5. (a) Each special service district of the consolidated cityhas a special service district council, which is the legislative body ofthe special service district, but only for the purposes prescribed bysection 18(b) of this chapter.
(b) A special service district legislative body is composed of everymember of the city-county legislative body.
As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1980,P.L.213, SEC.3; P.L.346-1983, SEC.1.
IC 36-3-4-6
Meetings
Sec. 6. (a) The city-county legislative body shall hold regularmeetings at least once a month, at times and places prescribed by itsrules or established by resolution. A special service districtlegislative body shall meet as required by IC 36-3-6.
(b) A special meeting of a legislative body shall be held whencalled by its president or presiding officer or when called by at leasttwo-fifths (2/5) of its members, at any place in the county designatedin the call.
(c) No notice of a regular meeting, or meeting required by statute,need be given to a member of a legislative body. For a specialmeeting, a written notice specifying the time and place of themeeting must be delivered, mailed, or sent by telegram to allmembers so that each member has at least seventy-two (72) hoursnotice of the meeting. However, this requirement is waived as to amember if he:
(1) attends the meeting; or
(2) executes a written waiver of notice of the time and place ofthe meeting.
A written waiver of notice may be executed before or after themeeting, but it must state in general terms the purpose of the meetingif executed after the meeting.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-7
Election of president and officers of city-county legislative body Sec. 7. At its regular meeting in January each year, the city-countylegislative body shall elect a president and other officers as it sees fit.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-8
Clerk of city-county legislative body; appointment; duties
Sec. 8. (a) The city-county legislative body shall appoint a clerkfor a term of one (1) year. The clerk serves at the pleasure of thelegislative body and continues in office until his successor isappointed and qualified.
(b) The clerk is the clerk of the consolidated city. He shall:
(1) act as secretary to the legislative body;
(2) send out all notices of its meetings;
(3) keep all its records;
(4) present ordinances and resolutions to the executive undersection 15 of this chapter; and
(5) perform other duties connected with the work of thelegislative body that are delegated to him by it.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-8.5
Employment of attorneys or legal research assistants
Sec. 8.5. (a) A clerk may hire or contract with competentattorneys or legal research assistants on terms the clerk considersappropriate.
(b) Appropriations for the salaries of attorneys and legal researchassistants employed under this section shall be approved in theannual budget.
As added by P.L.69-1995, SEC.4.
IC 36-3-4-9
Quorum
Sec. 9. A majority of all the elected members of a legislative bodyconstitutes a quorum.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-10
Ordinance or resolution; majority vote; two-thirds vote
Sec. 10. (a) A requirement that an ordinance or resolution of alegislative body be passed by a majority vote means at least amajority vote of all the elected members.
(b) A requirement that an ordinance or resolution of a legislativebody be passed by a two-thirds (2/3) vote means at least a two-thirds(2/3) vote of all the elected members.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-11
Ordinance or resolution; majority vote; joint passage
Sec. 11. (a) A majority vote of a legislative body is required topass an ordinance or resolution, unless a greater vote is required by
statute.
(b) Any two (2) or more ordinances or resolutions may be jointlypassed by the same vote of a legislative body.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-12
Ordinance requiring two-thirds vote with unanimous consent ofmembers present
Sec. 12. (a) A two-thirds (2/3) vote of all the elected members,after unanimous consent of the members present to consider theordinance, is required to pass an ordinance of a legislative body onthe same day or at the same meeting at which it is introduced.
(b) Subsection (a) does not apply to an ordinance that is:
(1) initiated by a director, board, or commission and does notprovide for an appropriation or tax levy or the incurring of anygeneral obligation indebtedness; or
(2) for a reappropriation or transfer of money previouslyappropriated by the annual budget ordinance.
Such an ordinance may be passed by a majority vote on the same dayor at the same meeting at which it is introduced.
(c) Subsection (a) does not apply to a zoning ordinance oramendment to a zoning ordinance that is adopted under IC 36-7.
As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1982,P.L.33, SEC.20; P.L.335-1985, SEC.33.
IC 36-3-4-13
Ordinance or resolution; public hearing requirement
Sec. 13. (a) The city-county legislative body need not hold ahearing before passing any ordinance, except an ordinance that:
(1) provides for the annual budget and tax levy;
(2) appropriates previously unappropriated monies; or
(3) provides for any general obligation indebtedness.
(b) Whenever a legislative body is required by statute to hold apublic hearing before passing an ordinance or resolution, a hearingheld by a committee of the legislative body meets the requirement.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-14
Ordinance or resolution adoption; requirements
Sec. 14. (a) An ordinance or resolution passed by a legislativebody is considered adopted when it is:
(1) signed by the presiding officer; and
(2) if subject to veto, either approved by the executive or passedover the executive's veto by the legislative body, under section16 of this chapter.
(b) All ordinances and resolutions of a legislative body are subjectto veto, except the following:
(1) An ordinance or resolution, or part of either, providing forthe budget or appropriating money for an office or officer of thecounty provided for by the Constitution of Indiana or for a
judicial office or officer.
(2) An ordinance or resolution approving or modifying thebudget of a political subdivision that the legislative body ispermitted by statute to review.
(3) A resolution making an appointment that the legislativebody is authorized to make.
(4) A resolution selecting officers or employees of thelegislative body.
(5) A resolution prescribing rules for the internal managementof the legislative body.
(6) A zoning ordinance or amendment to a zoning ordinance, ora resolution approving a comprehensive plan, that is adoptedunder IC 36-7.
(c) An ordinance prescribing a penalty or forfeiture for a violationmust, before it takes effect, be published in the manner prescribed byIC 5-3-1, unless:
(1) it is published under subsection (d); or
(2) there is an urgent necessity requiring its immediateeffectiveness, the executive proclaims the urgent necessity, andcopies of the ordinance are posted in three (3) public places inthe county.
(d) If a legislative body publishes any of its ordinances in book orpamphlet form, no other publication is required. If an ordinanceprescribing a penalty or forfeiture for a violation is published underthis subsection, it takes effect two (2) weeks after the publication ofthe book or pamphlet. Publication under this subsection, ifauthorized by the legislative body, constitutes presumptive evidence:
(1) of the ordinances in the book or pamphlet;
(2) of the date of adoption of the ordinances; and
(3) that the ordinances have been properly signed, attested,recorded, and approved.
(e) Unless a legislative body provides in an ordinance orresolution for a later effective date, the ordinance or resolution takeseffect when it is adopted, subject to subsections (c) and (d).
(f) Subsections (a), (c), (d), and (e) do not apply to zoningordinances or amendments to zoning ordinances, or resolutionsapproving comprehensive plans, that are adopted under IC 36-7.
(g) The legislative body shall:
(1) subject to subsection (h), give written notice to thedepartment of environmental management not later than sixty(60) days before amendment or repeal of an environmentalrestrictive ordinance; and
(2) give written notice to the department of environmentalmanagement not later than thirty (30) days after passage,amendment, or repeal of an environmental restrictive ordinance.
(h) Upon written request by the legislative body, the departmentof environmental management may waive the notice requirement ofsubsection (g)(1).
(i) An environmental restrictive ordinance passed or amendedafter 2009 by the legislative body must state the notice requirements
of subsection (g).
(j) The failure of an environmental restrictive ordinance to complywith subsection (i) does not void the ordinance.
As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.335-1985,SEC.34; P.L.78-2009, SEC.24.
IC 36-3-4-15
Ordinance or resolution; passage and presentation
Sec. 15. After an ordinance or resolution subject to veto has beenpassed by the city-county legislative body and signed by thepresiding officer, the clerk shall present it to the executive, noting onit the time of both the passage and the presentation.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-16
Ordinance or resolution; approval or veto; executive's failure toperform duty; passage over veto
Sec. 16. (a) Within ten (10) days after an ordinance or resolutionis presented to him, the executive shall:
(1) approve the ordinance or resolution, by entering hisapproval on it, signing it, and sending the legislative body amessage announcing his approval; or
(2) veto the ordinance or resolution, by returning it to thelegislative body with a message announcing his veto and statinghis reasons for the veto.
The executive may approve or veto separate items of an ordinanceappropriating money or levying a tax.
(b) If the executive fails to perform his duty under subsection (a),the ordinance or resolution is considered vetoed.
(c) Whenever an ordinance or resolution is vetoed by theexecutive, it is considered defeated unless the legislative body, at itsfirst regular or special meeting after the ten (10) day periodprescribed by subsection (a), passes the ordinance or resolution overhis veto by a two-thirds (2/3) vote.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-17
Recording of adopted ordinance
Sec. 17. Within a reasonable time after an ordinance of thelegislative body is adopted, the clerk shall record it in a book kept forthat purpose. The record must include:
(1) the signature of the presiding officer;
(2) the attestation of the clerk;
(3) the executive's approval or veto of the ordinance;
(4) if applicable, a memorandum of the passage of theordinance over the veto; and
(5) the date of each recorded item.
The record or a certified copy of it constitutes presumptive evidenceof the adoption of the ordinance.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-18
City-county legislative body; ordinances and resolutions; permittedacts; special service district legislative body; powers
Sec. 18. (a) The city-county legislative body may pass ordinancesand resolutions for the government of the consolidated city and thecounty. The legislative body:
(1) alone may approve budgets, levy taxes, and makeappropriations for the consolidated city, its departments, and itsspecial taxing districts, except the appropriation of the proceedsof the bonds of a special taxing district if the legislative bodyhas approved the bond issue;
(2) may make loans for the consolidated city under sections 21and 22 of this chapter;
(3) alone may approve budgets, levy taxes, and makeappropriations for the county;
(4) may make loans for the county under IC 36-2-6-20;
(5) may pass ordinances prescribing a penalty or forfeiture forviolation;
(6) may establish committees having powers as prescribed byordinance; and
(7) may prescribe rules for its internal management.
(b) The special service district legislative body of any specialservice district shall, with respect to such district, have exclusivepower by ordinance to approve its budget and make appropriationsand tax levies required to be made under the provisions of this title.No special service district legislative body shall have authority tooriginate or separately to adopt any other ordinance. However, anyordinance adopted by the city-county legislative body relating solelyor exclusively to a special service district shall be suspended and ofno effect until separately approved and concurred in by a majority ofa special service district legislative body when, but only when, theConstitution of the United States or the Constitution of Indianaprohibits such taking effect without such approval.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-19
City-county legislative body; statutory powers and duties
Sec. 19. (a) The city-county legislative body shall perform theduties and may exercise the powers prescribed by statute for:
(1) the common council of a first class city; or
(2) the county council of the county.
(b) The city-county legislative body may exercise any powerprescribed for the board of commissioners of the county by statute:
(1) to pass any ordinance; or
(2) to pass any rule or regulation prescribing a penalty.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-20
City-county legislative body; statutory appointments
Sec. 20. The city-county legislative body shall make all
appointments required by statute to be made by it or by:
(1) the common council of a first class city; or
(2) the county council of the county.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-21
City-county legislative body; making loans and issuing bonds byordinance; procedure for issuing bonds
Sec. 21. (a) The city-county legislative body may, by ordinance,make loans of money for the consolidated city and issue bonds forthe purpose of refunding those loans. The loans may be made onlyfor the purpose of procuring money to be used in the exercise of thepowers of the city and for the payment of city debts.
(b) An ordinance adopted under this section:
(1) must include the terms of the bonds to be issued in evidenceof the loan;
(2) must include the time and manner of giving notice of thesale of the bonds;
(3) must include the manner in which the bonds will be sold;and
(4) may authorize a total amount for any issue of bonds.
(c) Bonds issued under this section may be sold in parcels of anysize and at any time their proceeds are needed by the city.
(d) Bonds issued and sold by the city under this section:
(1) are negotiable with or without registration, as may beprovided by the ordinance authorizing the issue;
(2) may bear interest at any rate;
(3) may run not longer than thirty (30) years;
(4) may contain an option allowing the city to redeem them inwhole or in part at specified times prior to maturity; and
(5) may be sold for not less than par value.
(e) The fiscal officer of the consolidated city shall:
(1) manage and supervise the preparation, advertisement,negotiations, and sale of bonds under this section, subject to theterms of the ordinance authorizing the sale;
(2) deliver them to the county treasurer after they have beenproperly executed and shall take his receipt for them; and
(3) when a contract for the sale of all or any part of the bondsis consummated, certify to the county treasurer the amount thepurchaser is to pay, together with the name and address of thepurchaser.
The county treasurer shall then receive from the purchaser theamount certified by the fiscal officer, deliver the bonds to thepurchaser, and take the purchaser's receipt for the bonds. The fiscalofficer and county treasurer shall then report the proceedings in thesale to the legislative body. However, if the county treasurer is notpresent to receive the properly executed bonds from the fiscal officeror to issue the bonds, the fiscal officer shall perform his duties underthis subsection.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-22
City-county legislative body; temporary or short-term loans inanticipation of current revenues; procedures
Sec. 22. (a) The city-county legislative body may, by ordinance,make temporary loans in anticipation of current revenues of theconsolidated city that have been levied and are being collected forthe fiscal year in which the loans are made. Loans under thissubsection shall be made in the same manner as loans under section21 of this chapter, except that:
(1) the ordinance authorizing the loans must appropriate andpledge to their payment a sufficient amount of the revenues inanticipation of which they are issued and out of which they arepayable; and
(2) the loans must be evidenced by time warrants of the city interms designating the nature of the consideration, the time andplace payable, and the revenues in anticipation of which theyare issued and out of which they are payable.
(b) The city-county legislative body may, by ordinance, makeloans of money for not more than five (5) years and issue notes forthe purpose of refunding those loans. The loans may be made onlyfor the purpose of procuring money to be used in the exercise of thepowers of the consolidated city, and the total amount of outstandingloans under this subsection may not exceed five percent (5%) of theconsolidated city's total tax levy in the current year (excludingamounts levied to pay debt service and lease rentals). Loans underthis subsection shall be made in the same manner as loans madeunder section 21 of this chapter, except that:
(1) the ordinance authorizing the loans must pledge to theirpayment a sufficient amount of tax revenues over the ensuingfive (5) years to provide for refunding the loans; and
(2) the loans must be evidenced by notes of the consolidatedcity in terms designating the nature of the consideration, thetime and place payable, and the revenues out of which they willbe payable.
Notes issued under this subsection are not bonded indebtedness forpurposes of IC 6-1.1-18.5.
As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.37-1988,SEC.22; P.L.2-1989, SEC.24.
IC 36-3-4-23
City-county legislative body; creation of agencies; transfer ofagency powers
Sec. 23. (a) The city-county legislative body may, by ordinance:
(1) create or terminate departments, divisions, offices,community councils, and other agencies of the consolidatedcity; and
(2) transfer to or from those agencies any powers, duties,functions, or obligations.
(b) The powers granted by subsection (a) may not be applied to:
(1) the department of public utilities of the consolidated city; (2) offices established by the Constitution of Indiana; or
(3) agencies of municipal corporations other than theconsolidated city.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-24
Departments; investigation of policies and expenditures; audit ofbooks and records; other investigations
Sec. 24. (a) For each department of the consolidated city, thecity-county legislative body shall establish a standing committee,having at least three (3) members, to investigate the policies andexpenditures of the department.
(b) The legislative body or its committee may:
(1) hire an internal auditor or an independent certified publicaccountant, or both, to examine the books and records of theconsolidated city, any of its special service districts or specialtaxing districts, and the county;
(2) investigate any charges against a department, officer, oremployee of the consolidated city, or any of its special servicedistricts or special taxing districts, or the county; and
(3) investigate the affairs of a person with whom a city orcounty agency has entered or is about to enter into a contract.
(c) When conducting an investigation under this section, thelegislative body or its committee:
(1) is entitled to access to all records pertaining to theinvestigation; and
(2) may compel the attendance of witnesses and the productionof evidence by subpoena and attachment served and executedin the county.
(d) If a person refuses to testify or produce evidence at aninvestigation conducted under this section, the legislative body mayorder its clerk to immediately present to the circuit court of thecounty a written report of the facts relating to the refusal. The courtshall hear all questions relating to the refusal to testify or produceevidence and shall also hear any new evidence not included in theclerk's report. If the court finds that the testimony or evidence soughtshould be given or produced, it shall order the person to testify orproduce evidence, or both.
As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1980,P.L.213, SEC.4; P.L.14-2000, SEC.79.
IC 36-3-4-25
Repealed
(Repealed by Acts 1980, P.L.73, SEC.23.)
IC 36-3-4-26
Repealed
(Repealed by Acts 1980, P.L.73, SEC.23.)