CHAPTER 5. APPOINTED OFFICERS, DEPARTMENTS, AND BOARDS
IC 36-3-5
Chapter 5. Appointed Officers, Departments, and Boards
IC 36-3-5-1
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 36-3-5-2
Deputies and directors; acting deputies and directors; controllerand deputy controllers; corporation counsel
Sec. 2. (a) The executive shall, subject to the approval of thecity-county legislative body, appoint each of the executive's deputiesand the director of each department of the consolidated city. Adeputy or director is appointed for a term of one (1) year and until asuccessor is appointed and qualified, but serves at the pleasure of theexecutive.
(b) When making an appointment under subsection (a), theexecutive shall submit the name of an appointee to an office to thelegislative body for its approval as follows:
(1) When the office has an incumbent, not more than forty-five(45) days before the expiration of the incumbent's one (1) yearterm.
(2) When the office has been vacated, not more than forty-five(45) days after the vacancy occurs.
(c) The executive may appoint an acting deputy or acting directorwhenever the incumbent is incapacitated or the office has beenvacated. An acting deputy or acting director has all the powers of theoffice.
(d) The executive shall appoint:
(1) a controller;
(2) two (2) deputy controllers, only one (1) of whom may befrom the same political party as the executive; and
(3) a corporation counsel;
each of whom serves at the pleasure of the executive.
(e) The corporation counsel and every attorney who is a cityemployee working for the corporation counsel must be a resident ofthe county and admitted to the practice of law in Indiana.
As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.334-1985,SEC.1; P.L.227-2005, SEC.21.
IC 36-3-5-2.5
Controller as fiscal officer and director of office of finance andmanagement; county treasurer as ex officio treasurer
Sec. 2.5. (a) The controller appointed under section 2 of thischapter is:
(1) the fiscal officer of:
(A) the consolidated city; and
(B) the county; and (2) the director of the office of finance and management undersection 2.7 of this chapter.
(b) The county treasurer serves ex officio as the treasurer of theconsolidated city.
As added by Acts 1981, P.L.11, SEC.158. Amended by P.L.227-2005,SEC.22.
IC 36-3-5-2.6
Immunity of controller and deputy controllers; exception for grossnegligence
Sec. 2.6. The:
(1) controller is not liable, in an individual capacity, for any actor omission occurring in connection with the performance ofthe controller's duty as a fiscal officer of:
(A) the consolidated city; and
(B) the county; and
(2) deputy controller is not liable, in an individual capacity, forany act or omission occurring in connection with theperformance of the deputy controller's duty;
unless the act or omission constitutes gross negligence or anintentional disregard of the controller's or the deputy controller'sduty.
As added by P.L.67-2002, SEC.4. Amended by P.L.227-2005,SEC.23.
IC 36-3-5-2.7
Office of finance and management; responsibilities; controllerserves as director
Sec..2.7. (a) The office of finance and management is establishedand is responsible for:
(1) budgeting, except as provided in subsection (c);
(2) financial reporting and audits;
(3) purchasing; and
(4) fixed assets;
for all city and county departments, offices, and agencies.
(b) The controller:
(1) serves as the director of; and
(2) may organize into divisions;
the office of finance and management.
(c) The office of finance and management is not responsible forthe issuance of warrants for payments from county and city funds.
As added by P.L.227-2005, SEC.24.
IC 36-3-5-2.8
Powers and duties of controller
Sec. 2.8. (a) Except as provided in subsections (b) and (c), thecontroller:
(1) has all the powers; and
(2) performs all the duties;
of the county auditor under law. (b) The controller:
(1) does not have the powers; and
(2) may not perform the duties;
of the county auditor under IC 36-2-9.5 and IC 36-3-6, or as amember of the board of commissioners of the county underIC.36-3-3-10.
(c) Notwithstanding subsection (a) or any other law, theexecutive, with the approval of the legislative body, may allocate theduties of the county auditor, except the duties referred to insubsection (b), among:
(1) the controller;
(2) the county assessor;
(3) the county auditor; or
(4) other appropriate city or county officials.
As added by P.L.227-2005, SEC.25.
IC 36-3-5-3
Deputy mayors; number; nature of office
Sec. 3. (a) The city-county legislative body shall, by ordinance,fix the number of deputy mayors of the consolidated city and thecounty.
(b) A deputy mayor serves as a deputy of the executive and hasonly the powers delegated to him by the executive in accord withordinances of the legislative body, except when he is designated asacting executive under IC 36-3-3-3.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-5-4
Establishment; powers and duties of executive departments;department of public utilities
Sec. 4. (a) The following executive departments of theconsolidated city are established, subject to IC 36-3-4-23:
(1) Department of administration and equal opportunity.
(2) Department of metropolitan development.
(3) Department of public safety.
(4) Department of public works.
(5) Department of transportation.
(6) Department of parks and recreation.
These departments and their divisions have all the powers, duties,functions, and obligations prescribed by law for them as of August31, 1981, subject to IC 36-3-4-23.
(b) The department of public utilities established underIC 8-1-11.1 continues as an agency of the consolidated city, whichis the successor trustee of a public charitable trust created under Acts1929, c. 78. The department of public utilities is governed underIC 8-1-11.1 and is not subject to this article.
As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1981,P.L.17, SEC.18; P.L.227-2005, SEC.26.
IC 36-3-5-5 Director of department as chief administrative officer; divisions;appointment of administrator; powers of director
Sec. 5. (a) The director of a department is its chief administrativeofficer and shall exercise the powers of the department, subject to theauthority granted to any board or commission in the department.
(b) A department may be administratively organized by divisions.If it is, the director shall, subject to the approval of the executive,appoint an administrator to be the head of each division, unless thistitle provides that the appointment be made otherwise. Anadministrator serves at the pleasure of the executive.
(c) The director of a department may:
(1) approve the hiring and dismissal of the administrator of eachdivision and all other personnel of the department, subject tolimitations prescribed by this title and rules adopted by theexecutive; and
(2) delegate to personnel of the department authority to act onhis behalf.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-5-6
Establishment; powers and duties; membership of administrativeboards; metropolitan development commission
Sec. 6. (a) Administrative boards are established in thedepartments listed in sections 4(a)(3), 4(a)(4), 4(a)(5), and 4(a)(6) ofthis chapter, to be known respectively as the board of public safety,the board of public works, the board of transportation, and the boardof parks and recreation. These boards have all the powers, duties,functions, and obligations prescribed by law for them as of August31, 1981, subject to IC 36-3-4-23. In addition, the metropolitandevelopment commission, which is established in the department ofmetropolitan development by IC 36-7-4-202, has all the powers,duties, functions, and obligations prescribed by law for it as ofAugust 31, 1981, subject to IC 36-3-4-23.
(b) Each board established under this section is composed of five(5) members as follows:
(1) The director of its department, who serves as presidingofficer of the board.
(2) Two (2) members appointed by the executive.
(3) Two (2) members appointed by the city-county legislativebody.
A member appointed under subdivision (2) or (3) is appointed for aterm of one (1) year and until his successor is appointed andqualified, but serves at the pleasure of the appointing authority.
As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1981,P.L.17, SEC.19.
IC 36-3-5-7
Administrative boards; meetings; notice; quorum; majority vote
Sec. 7. (a) This section applies to each board established undersection 6 of this chapter. (b) A board shall hold regular meetings at least once a month, attimes and places prescribed by its rules or established by resolution.
(c) A special meeting of a board shall be held when called by itspresiding officer or when called by at least two-fifths (2/5) of itsmembers, at any place in the county designated in the call.
(d) No notice of a regular meeting, or meeting required by statute,need be given to a member of a board. For a special meeting, awritten notice specifying the time and place of the meeting must bedelivered, mailed, or sent by telegram to all members so that eachmember has at least seventy-two (72) hours notice of the meeting.However, this requirement is waived as to a member 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.
(e) A majority of all the members of a board constitutes a quorum.
(f) A majority vote of all the members of a board is required topass a resolution.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-5-8
Special taxing district; power to issue bonds, notes, or warrants;approval; issuance procedure
Sec. 8. (a) This section applies whenever a special taxing districtof the consolidated city has the power to issue bonds, notes, orwarrants.
(b) Before any bonds, notes, or warrants of a special taxingdistrict may be issued, the issue must be approved by resolution ofthe legislative body of the consolidated city.
(c) Any bonds of a special taxing district must be issued in themanner prescribed by statute for that district, and the board of thedepartment having jurisdiction over the district shall:
(1) hold all required hearings;
(2) adopt all necessary resolutions; and
(3) appropriate the proceeds of the bonds;
in that manner. However, the legislative body shall levy each year thespecial tax required to pay the principal of and interest on the bondsand any bank paying charges.
(d) Notwithstanding any other statute, bonds of a special taxingdistrict may:
(1) be dated;
(2) be issued in any denomination;
(3) except as otherwise provided by IC 5-1-14-10, mature at anytime or times not exceeding fifty (50) years after their date; and
(4) be payable at any bank or banks;
as determined by the board. The interest rate or rates that the bondswill bear must be determined by bidding, notwithstandingIC 5-1-11-3. (e) Bonds of a special taxing district are subject to the provisionsof IC 5-1 and IC 6-1.1-20 relating to the following:
(1) The filing of a petition requesting the issuance of bonds andgiving notice of the petition.
(2) The giving of notice of a hearing on the appropriation of theproceeds of bonds.
(3) The right of taxpayers to appear and be heard on theproposed appropriation.
(4) The approval of the appropriation by the department of localgovernment finance.
(5) The right of:
(A) taxpayers and voters to remonstrate against the issuanceof bonds in the case of a proposed bond issue described byIC 6-1.1-20-3.1(a); or
(B) voters to vote on the issuance of bonds in the case of aproposed bond issue described by IC 6-1.1-20-3.5(a).
(6) The sale of bonds at public sale.
(7) The maximum term or repayment period provided byIC 5-1-14-10.
As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.90-2002,SEC.470; P.L.219-2007, SEC.113; P.L.146-2008, SEC.703.
IC 36-3-5-9
Standard forms for use in transaction of business
Sec. 9. The controller shall furnish standard forms for use in the:
(1) transaction of business; and
(2) performance of services for which the consolidated city orcounty receives a specific fee.
As added by P.L.227-2005, SEC.27.
IC 36-3-5-10
Suits against principals and sureties on obligations
Sec. 10. The controller, in the name of the state and on behalf ofany fund of the county or consolidated city, may sue principals orsureties on any obligation, whether the obligation is in the name ofthe state or another person.
As added by P.L.227-2005, SEC.28.
IC 36-3-5-11
Treasurer's report; filing
Sec. 11. The controller shall:
(1) immediately file the original of the county treasurer'smonthly report under IC 36-2-10-16 with the records of thecounty board of finance;
(2) present one (1) copy of the report to the legislative body ofthe consolidated city at its next regular meeting; and
(3) immediately transmit one (1) copy of the report to the stateboard of accounts.
As added by P.L.227-2005, SEC.29.
IC 36-3-5-12
Personal liability for penalties and interest assessed by InternalRevenue Service; reimbursement
Sec. 12. (a) Except as provided in subsection (b), if the controlleris held personally liable for penalties and interest assessed by theInternal Revenue Service, the county treasurer shall reimburse thecontroller in an amount equal to the penalties and interest.
(b) The county treasurer may not reimburse the controller undersubsection (a) if the controller willfully or intentionally fails orrefuses to file a return or make a required deposit on the date thereturn or deposit is due.
As added by P.L.227-2005, SEC.30.