CHAPTER 12. CITY MANAGERS FOR THIRD CLASS CITIES

IC 36-4-12
    Chapter 12. City Managers for Third Class Cities

IC 36-4-12-1
Application of chapter
    Sec. 1. This chapter applies only to third class cities.
As added by P.L.10-1997, SEC.32.

IC 36-4-12-2
Creation of city manager position
    Sec. 2. (a) A third class city may employ a nonpartisan citymanager to be the administrative head of the city government. Toemploy a city manager, the executive must initiate an ordinance andthe city legislative body must adopt an ordinance creating the citymanager position. An ordinance creating the city manager positionmust state the powers and duties to be assumed by the city manager.
    (b) If the city legislative body adopts an ordinance under thischapter to employ a city manager, the city legislative body may adoptan ordinance to permit the executive to perform the duties of theexecutive on a part-time basis.
As added by P.L.10-1997, SEC.32.

IC 36-4-12-3
Terms of employment and compensation
    Sec. 3. The city manager may be employed to serve at the pleasureof the executive who may submit to the city legislative body forapproval under IC 36-4-7-3 the city manager's compensation andterms of employment.
As added by P.L.10-1997, SEC.32.

IC 36-4-12-4
Legislative body members barred from position
    Sec. 4. The city legislative body may not employ a member of thelegislative body as the city manager. A former member of the citylegislative body may not be employed as the city manager for aperiod of two (2) years after leaving office.
As added by P.L.10-1997, SEC.32.

IC 36-4-12-5
Qualifications
    Sec. 5. A city may hire a city manager solely on the basis of theapplicant's administrative and educational qualifications. The cityshall give special deference to actual experience in or knowledge ofaccepted practices in the field of municipal management.
As added by P.L.10-1997, SEC.32.

IC 36-4-12-6
Political activity
    Sec. 6. A city manager may not campaign for or against acandidate for the city legislative body and may not participate in

partisan political activities that would impair the city manager'sperformance as a professional administrator.
As added by P.L.10-1997, SEC.32.

IC 36-4-12-7
Joint employment by cities
    Sec. 7. Two (2) or more cities may employ the same person as thecity manager of their respective cities.
As added by P.L.10-1997, SEC.32.

IC 36-4-12-8
Performance bond
    Sec. 8. The city manager shall execute a bond for the faithfulperformance of the city manager's duties in the manner prescribed byIC 5-4-1.
As added by P.L.10-1997, SEC.32.

IC 36-4-12-9
Acting manager
    Sec. 9. The executive may appoint a qualified person to performthe duties of the city manager whenever the city manager is absentor unable to perform the city manager's duties.
As added by P.L.10-1997, SEC.32.

IC 36-4-12-10
Powers and duties
    Sec. 10. The city manager, under the direction of the executive,is responsible for the administrative duties of the city. The powersand duties of the city manager must be stated in the ordinancecreating the city manager position. The city manager's powers andduties may include:
        (1) attending the meetings of the legislative body andrecommending actions the city manager considers advisable;
        (2) hiring city employees according to the pay schedules andstandards fixed by the legislative body or by statute;
        (3) suspending, discharging, removing, or transferring cityemployees;
        (4) delegating any of the city manager's powers to an employeeresponsible to the city manager;
        (5) administering and enforcing all ordinances, orders, andresolutions of the legislative body;
        (6) ensuring that all statutes that are required to be administeredby the legislative body or a city employee subject to the controlof the legislative body are faithfully administered;
        (7) preparing budget estimates and submitting them to thelegislative body when required;
        (8) executing contracts on behalf of the city for materials,supplies, services, or improvements after the completion of theappropriations, notice, and competitive bidding required bystatute;        (9) receiving service of summons on behalf of the city;
        (10) administering the city's economic development plans andprojects;
        (11) advising the executive, city legislative body, and public onthe conduct of city affairs;
        (12) making recommendations on policy formulation;
        (13) recommending and executing city improvements;
        (14) serving on the board of public works and safety; and
        (15) other powers and duties determined to be advisable by theexecutive and legislative body.
As added by P.L.10-1997, SEC.32.

IC 36-4-12-11
Police and fire disciplinary body membership barred
    Sec. 11. The city manager may not serve as a member of any bodythat hears disciplinary charges against:
        (1) the city police chief;
        (2) a member of the city police department;
        (3) the city fire chief; or
        (4) a member of the city fire department.
As added by P.L.10-1997, SEC.32.

IC 36-4-12-12
Bonds, notes, or warrants; prohibition
    Sec. 12. The city legislative body may not authorize the citymanager to issue or execute bonds, notes, or warrants of the city.
As added by P.L.10-1997, SEC.32.