IC 36-4-4
    Chapter 4. Division of Powers of Cities

IC 36-4-4-1
Application of chapter
    Sec. 1. This chapter applies to all cities.
As added by Acts 1980, P.L.212, SEC.3.

IC 36-4-4-2
Separation of powers; right of city employee to serve in office
    Sec. 2. (a) The powers of a city are divided between the executiveand legislative branches of its government. A power belonging to one(1) branch of a city's government may not be exercised by the otherbranch.
    (b) A city employee other than an elected or appointed publicofficer may:
        (1) be a candidate for any elective office and serve in that officeif elected; or
        (2) be appointed to any office and serve in that office ifappointed;
without having to resign as a city employee.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.315-1995,SEC.1.

IC 36-4-4-3
Executive or administrative powers, duties, and functions
    Sec. 3. (a) All powers and duties of a city that are executive oradministrative in nature shall be exercised or performed by the cityexecutive, another city officer, or a city department.
    (b) An ordinance of the city legislative body requiring anexecutive or administrative function to be performed may:
        (1) designate the department that is to perform that function; or
        (2) establish a new department or agency to perform thatfunction.
    (c) If an executive or administrative function is not assigned by astatute, ordinance, or resolution, the city executive shall assign thatfunction to the proper department or officer.
As added by Acts 1980, P.L.212, SEC.3.

IC 36-4-4-4
Legislative powers and duties
    Sec. 4. (a) The legislative power of a city is vested in itslegislative body. All powers and duties of a city that are legislativein nature shall be exercised or performed by its legislative body. Thelegislative body of a city may not elect or appoint a person to anyoffice or employment, except as provided by statute.
    (b) The legislative body may manage the finances of the city tothe extent that that power is not vested in the executive branch.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-4-5
Uncertainty or dispute in nature of power or duty
    Sec. 5. (a) If uncertainty exists or a dispute arises concerning theexecutive or legislative nature of a power or duty exercised orproposed to be exercised by a branch, officer, department, or agencyof the government of a municipality, a petition may be filed in thecircuit court of the county in which the municipality is located by themunicipal executive, another municipal elected official, the presidentof the municipal legislative body, or any person who alleges andestablishes to the satisfaction of the court that the person is or wouldbe adversely affected by the exercise of the power; however, in acounty that does not contain a consolidated city and that has asuperior court with three (3) or more judges, the petition shall befiled in the superior court and shall be heard and determined by thecourt sitting en banc.
    (b) In a county containing a consolidated city, the petition shall beheard and determined by a five (5) member panel of judges from thesuperior court. The clerk of the court shall select the judgeselectronically and randomly. Not more than three (3) members of thefive (5) member panel of judges may be of the same political party.The first judge selected shall maintain the case file and preside overthe proceedings.
    (c) The petition must set forth the action taken or the powerproposed to be exercised, and all facts and circumstances relevant toa determination of the nature of the power, and must request that thecourt hear the matter and determine which branch, officer,department, or agency of the municipality, if any, is authorized toexercise the power. On the filing of the petition, the clerk of the courtshall issue notice to the municipal executive, each municipal electedofficial, and the president of the municipal legislative body, unlessthe petition was filed by that person, and to the municipal attorney,department of law, or legal division.
    (d) The court shall determine the matters set forth in the petitionand shall affix the responsibility for the exercise of the power or theperformance of the duty, unless it determines that the power or dutydoes not exist. Costs of the proceeding shall be paid by themunicipality, except that if an appeal is taken from the decision ofthe court by any party to the proceeding other than the municipalexecutive, another municipal elected official, or the president of themunicipal legislative body, the costs of the appeal shall be paid bythe unsuccessful party on appeal or in the manner directed by thecourt deciding the appeal.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.69-1995,SEC.5; P.L.141-2007, SEC.3.