CHAPTER 10. CITY CLERK AND FISCAL OFFICER
IC 36-4-10
Chapter 10. City Clerk and Fiscal Officer
IC 36-4-10-1
Application of chapter
Sec. 1. This chapter applies to second and third class cities.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,P.L.44, SEC.50.
IC 36-4-10-2
City clerk or city clerk-treasurer; election; fiscal officer; term ofoffice; immunity
Sec. 2. (a) A city clerk shall be elected under IC 3-10-6 by thevoters of each second class city, and a city clerk-treasurer shall beelected under IC 3-10-6 by the voters of each third class city.
(b) The city clerk or clerk-treasurer is the clerk of each city.
(c) The city controller appointed under IC 36-4-9-6 is the fiscalofficer of each second class city, and the city clerk-treasurer is thefiscal officer of each third class city.
(d) The city controller of a second class city is not liable, in anindividual capacity, for any act or omission occurring in connectionwith the performance of the city controller's duty as fiscal officer ofthe second class city, unless the act or omission constitutes grossnegligence or an intentional disregard of the controller's duty.
(e) The term of office of a city clerk or clerk-treasurer is four (4)years, beginning at noon on January 1 after election and continuinguntil a successor is elected and qualified.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,P.L.44, SEC.51; P.L.5-1986, SEC.52; P.L.67-2002, SEC.5.
IC 36-4-10-2.5
Office space provided
Sec. 2.5. If office space exists in a building owned or leased bythe city, the city executive and legislative body shall provide officespace for:
(1) the clerk or clerk-treasurer; and
(2) the staff and records of the clerk or clerk-treasurer.
As added by P.L.69-1995, SEC.8.
IC 36-4-10-3
Clerk; eligibility; residence
Sec. 3. (a) A person is eligible to be the clerk only if the personmeets the qualifications prescribed by IC 3-8-1-28.
(b) Residency in territory that is annexed by the city before theelection is considered residency for the purposes of subsection (a),even if the annexation takes effect less than one (1) year before theelection.
(c) The clerk must reside within the city as provided in Article 6,Section 6 of the Constitution of the State of Indiana. The clerkforfeits office if the clerk ceases to be a resident of the city.As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,P.L.11, SEC.164; P.L.5-1986, SEC.53; P.L.3-1987, SEC.558.
IC 36-4-10-4
Clerk; duties
Sec. 4. The clerk shall do the following:
(1) Serve as clerk of the city legislative body under IC 36-4-6-9and maintain custody of its records.
(2) Maintain all records required by law.
(3) Keep the city seal.
(4) As soon as a successor is elected and qualified, deliver tothe successor all the records and property of the clerk's office.
(5) Perform other duties prescribed by law.
(6) Administer oaths when necessary in the discharge of theclerk's duties, without charging a fee.
(7) Take depositions, without charging a fee.
(8) Take acknowledgement of instruments that are required bystatute to be acknowledged, without charging a fee.
(9) Serve as clerk of the city court under IC 33-35-3-2, if thejudge of the court does not serve as clerk of the court or appointa clerk of the court under IC 33-35-3-1.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.36-1986,SEC.3; P.L.189-1988, SEC.1; P.L.33-1998, SEC.9; P.L.98-2004,SEC.160.
IC 36-4-10-4.5
Third class cities; fiscal officer; duties
Sec. 4.5. (a) This section applies to third class cities.
(b) The fiscal officer is the head of the city department of finance.The fiscal officer shall do the following:
(1) Receive and care for all city money and pay the money outonly on order of the approving body.
(2) Keep accounts showing when and from what sources thefiscal officer has received city money and when and to whomthe fiscal officer has paid out city money.
(3) Prescribe payroll and account forms for all city offices.
(4) Prescribe the manner in which creditors, officers, andemployees shall be paid.
(5) Manage the finances and accounts of the city and makeinvestments of city money.
(6) Prepare for the legislative body the budget estimates ofmiscellaneous revenue, financial statements, and the proposedtax rate.
(7) Issue all licenses authorized by statute and collect the feesfixed by ordinance.
(8) Serve as clerk of the board of public works by attendingmeetings, preparing agendas, and recording proceedings.
(9) Perform all other duties prescribed by statute.
(c) A fiscal officer is not liable in an individual capacity for an actor omission occurring in connection with the performance of the
duties prescribed by subsection (b), unless the act or omissionconstitutes gross negligence or an intentional disregard of the fiscalofficer's duties.
As added by P.L.189-1988, SEC.2. Amended by P.L.35-1999, SEC.6.
IC 36-4-10-5
Second class cities; fiscal officer; duties
Sec. 5. (a) This section applies to second class cities.
(b) The fiscal officer is the head of the city department of finance.The fiscal officer shall do the following:
(1) Prescribe the form of reports and accounts to be submittedto the department.
(2) Sign and issue all warrants on the city treasury.
(3) Audit and revise all accounts and trusts in which the city isconcerned.
(4) Keep separate accounts for each item of appropriation madefor each city department, including a statement showing theamount drawn on each appropriation, the unpaid contractscharged against it, and the balance remaining.
(5) At the end of each fiscal year, submit under oath to the citylegislative body a report of the accounts of the city published inpamphlet form and showing revenues, receipts, expenditures,and the sources of revenues.
(6) Maintain custody of the records of the department and turnthem over to the fiscal officer's successor in office.
(7) Perform duties prescribed by statute concerning thenegotiation of city bonds, notes, and warrants.
(8) Keep a register of bonds of the city and of transfers of thosebonds.
(9) Manage the finances and accounts of the city and makeinvestments of city money, subject to the ordinances of thelegislative body.
(10) Issue city licenses on payment of the license fee.
(11) Collect fees as fixed by ordinance.
(12) Pay into the city treasury, once each week, all fees andother city money collected by the department during thepreceding week, specifying the source of each item.
(13) Prescribe payroll and account forms for all city offices.
(14) Prescribe the manner in which salaries shall be drawn.
(15) Prescribe the manner in which creditors, officers, andemployees shall be paid.
(16) Provide that all salaries are payable monthly, unless thelegislative body establishes more frequent payments.
(17) Notify the city executive of the failure of any city officerto collect money due the city or to pay city money into the citytreasury.
(18) Draw warrants on the city treasury for miscellaneous cityexpenditures not made under the direction of a department andnot specifically fixed by statute.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.189-1988,
SEC.3.
IC 36-4-10-5.5
Employment of attorneys or legal research assistants
Sec. 5.5. (a) A clerk or clerk-treasurer may hire or contract withcompetent attorneys or legal research assistants on terms the clerk orclerk-treasurer considers appropriate.
(b) Employment of an attorney under this section does not affecta city department of law established under IC 36-4-9-4.
(c) Appropriations for the salaries of attorneys and legal researchassistants employed under this section shall be approved in theannual budget and must be allocated to the clerk or clerk-treasurerfor the payment of attorney's and legal research assistant's salaries.
As added by P.L.69-1995, SEC.9. Amended by P.L.34-1999, SEC.2.
IC 36-4-10-6
Repealed
(Repealed by P.L.173-2003, SEC.41.)
IC 36-4-10-7
Third class cities; clerk's deputies and employees
Sec. 7. (a) This section applies to third class cities.
(b) The clerk shall appoint the number of deputies and employeesneeded for the effective operation of the office, with the approval ofthe city legislative body. The clerk's deputies and employees serve atthe clerk's pleasure.
(c) If a city owns a utility and the clerk is directly responsible forthe billing and collection of that utility's rates and charges, the clerkshall appoint those employees who are also responsible for thatbilling and collection. These employees serve at the clerk's pleasure.
(d) Whenever the city court judge does not serve as clerk of thecity court or appoint a clerk to serve as clerk of the city court underIC 33-35-3-1, the clerk shall serve as clerk of the city court.
As added by P.L.189-1988, SEC.4. Amended by P.L.33-1998,SEC.10; P.L.98-2004, SEC.161.