CHAPTER 9. CITY DEPARTMENTS, BOARDS, AND APPOINTED OFFICERS
IC 36-4-9
Chapter 9. City Departments, Boards, and Appointed Officers
IC 36-4-9-1
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.46.
IC 36-4-9-2
Appointment of department heads; approval by certain boards andcommissions; eligibility
Sec. 2. (a) Notwithstanding any other law, the city executive shallappoint the head of each department established under section 4 ofthis chapter. However, the executive's appointment of the head of thedepartment is subject to the approval of any statutory board orcommission established in the department, including and limited to:
(1) the works board, if a department of public works isestablished;
(2) the safety board, if a department of public safety isestablished;
(3) the board of parks and recreation, if a department of parksand recreation is established;
(4) the city plan commission, if a planning department isestablished;
(5) the economic development commission, if a department ofeconomic development is established;
(6) the redevelopment commission, if a department ofredevelopment is established;
(7) the board of sanitary commissioners, if a department ofpublic sanitation is established;
(8) the board of flood control commissioners, if a department offlood control is established;
(9) the utility service board, if a department of utilities isestablished;
(10) the waterworks board of trustees, if a department ofwaterworks is established; and
(11) the board of aviation commissioners, if a department ofaviation is established.
(b) Each department head appointed under subsection (a) musthave the qualifications required by statute for that department.
(c) To be eligible to be appointed as a member of a city boardestablished under section 5 of this chapter, a person must be aresident of the city.
(d) This section does not apply to departments, boards, orcommissions established by interlocal cooperation agreements underIC 36-1-7 or to other joint entities established by law.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,P.L.17, SEC.22; P.L.185-1988, SEC.2.
IC 36-4-9-3
Repealed
(Repealed by Acts 1981, P.L.17, SEC.29(b).)
IC 36-4-9-4
Executive departments; establishment by city legislative body;administrative functions; termination; transfer of powers, duties,or obligations
Sec. 4. (a) The city legislative body shall, by ordinance passedupon the recommendation of the city executive, establish theexecutive departments that it considers necessary to efficientlyperform the administrative functions required to fulfill the needs ofthe city's citizens.
(b) The head of each city department or agency is under thejurisdiction of the executive.
(c) The following departments may be established:
(1) Department of finance or administration.
(2) Department of law.
(3) Department of public works.
(4) Department of public safety.
(5) Department of parks and recreation.
(6) Department of human resources and economic development.
(7) Any other department considered necessary.
These departments shall perform the administrative functionsassigned by statute and ordinance.
(d) The city legislative body may, by ordinance passed upon therecommendation of the city executive:
(1) terminate departments established under subsection (c); and
(2) transfer to or from those departments any powers, duties,functions, or obligations.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,P.L.17, SEC.23.
IC 36-4-9-5
Board of public works and safety; establishment
Sec. 5. (a) A board of public works and safety is established ineach city.
(b) Notwithstanding subsection (a), the legislative body of asecond class city may by ordinance establish as separate boards:
(1) a board of public works; and
(2) a board of public safety;
to perform the functions of the board of public works and safety.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-9-6
Second class cities; appointment of officers, employees, boards, andcommissions; notice of change in membership of public works orsafety board
Sec. 6. (a) This section applies only to second class cities.
(b) The city executive shall appoint: (1) a city controller;
(2) a city civil engineer;
(3) a corporation counsel;
(4) a chief of the fire department;
(5) a chief of the police department; and
(6) other officers, employees, boards, and commissions requiredby statute.
(c) The board of public works and safety may be composed ofthree (3) members or five (5) members appointed by the executive.A member may hold other appointive positions in city governmentduring the member's tenure. IC 36-4-11-2 applies to board memberappointments under this section. The executive shall appoint a clerkfor the board.
(d) If the board of public works and board of public safety areestablished as separate boards, each board may be composed of three(3) members or five (5) members who are appointed by theexecutive. A member may hold other appointive positions in citygovernment during the member's tenure. The executive shall appointa clerk for each board.
(e) If the executive:
(1) increases the number of members of a board of public worksand safety, a board of public works, or a board of public safetyfrom three (3) to five (5) members; or
(2) decreases the number of members of a board of publicworks and safety, a board of public works, or a board of publicsafety from five (5) to three (3) members;
the city shall publish notice under IC 5-3-1 of the increase ordecrease in members and state the total number of membersappointed to the board.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,P.L.44, SEC.47; P.L.317-1995, SEC.1; P.L.68-1996, SEC.5;P.L.141-2009, SEC.10.
IC 36-4-9-7
Ordinance establishing position of deputy mayor
Sec. 7. The city legislative body may by ordinance establish theposition of deputy mayor, who serves as the city executive's deputy.The ordinance must:
(1) provide that the deputy is appointed by and serves at thepleasure of the executive; and
(2) set forth all the powers of the deputy, which may not exceedthe powers of the executive.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,P.L.17, SEC.24.
IC 36-4-9-8
Third class cities; appointment of officers, employees, boards, andcommissions; notice of change in membership of public works andsafety board
Sec. 8. (a) This section applies only to third class cities. (b) The city executive shall appoint:
(1) a city civil engineer;
(2) a city attorney;
(3) a chief of the fire department;
(4) a chief of the police department; and
(5) other officers, employees, boards, and commissions requiredby statute.
(c) The board of public works and safety consists of three (3) orfive (5) members (as determined by the city executive). The membersof the board of public works and safety are:
(1) the city executive; and
(2) two (2) or four (4) persons appointed by the executive.
If the executive increases the number of board members from three(3) to five (5) members or decreases the number of board membersfrom five (5) to three (3) members, the city shall publish notice underIC 5-3-1 of the increase or decrease in members and state the totalnumber of members appointed to the board. IC 36-4-4-2notwithstanding, a member may hold other appointive or electivepositions in city government during the member's tenure.IC 36-4-11-2 applies to board member appointments under thissection. The city clerk is the clerk of the board.
(d) If the city legislative body adopts an ordinance underIC 36-4-12 to employ a city manager, the executive may appoint thecity manager to a position on the board of public works and safety inplace of the executive.
(e) The city executive may appoint a public safety director to:
(1) serve as the chief administrative officer of; and
(2) oversee the operations of;
the police department and fire department. The city executive shalldetermine the qualifications of the public safety director.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,P.L.44, SEC.48; P.L.350-1983, SEC.1; P.L.68-1996, SEC.6;P.L.10-1997, SEC.31; P.L.141-2009, SEC.11; P.L.33-2010, SEC.1.
IC 36-4-9-9
Repealed
(Repealed by Acts 1981, P.L.44, SEC.61.)
IC 36-4-9-10
Repealed
(Repealed by Acts 1981, P.L.44, SEC.61.)
IC 36-4-9-11
Head of department of law; city attorney and assistant cityattorney; eligibility for appointment
Sec. 11. (a) In a second class city, the corporation counsel is thehead of the department of law. His first deputy is the city attorney,and his second deputy is the assistant city attorney.
(b) In a third class city, the city attorney is the head of thedepartment of law. (c) To be eligible to be appointed as the head of the department oflaw, a person must meet the following requirements:
(1) Be admitted to the practice of law in Indiana.
(2) Except as provided in subdivision (3), be a resident of thecounty in which the city is located.
(3) For a third class city located in a county having a populationof less than six thousand (6,000), be a resident of Indiana.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,P.L.44, SEC.49; P.L.220-1991, SEC.1; P.L.12-1992, SEC.159.
IC 36-4-9-12
Head of department of law; powers and duties
Sec. 12. The head of the department of law shall:
(1) manage the legal affairs of the city;
(2) prosecute violators of city ordinances;
(3) give legal advice to the officers, departments, boards,commissions, and other agencies of the city;
(4) draft ordinances or other legal papers for the city and itsdepartments, boards, commissions, and other agencies whenrequested by the proper officer;
(5) maintain custody of the records of his office and turn themover to his successor in office;
(6) make all title searches and examine all abstracts required inpublic work of any kind, including opening, widening, orchanging a street, alley, or public place;
(7) promptly commence all proceedings necessary or advisablefor the protection or enforcement of the rights of the city or thepublic;
(8) use all diligence to collect costs, fees, and recoveries withinthe scope of his duties;
(9) report, in writing, to the city executive all matters that heconsiders important; and
(10) report, in writing, to the city fiscal officer all judgments forwhich the city is liable.
Officers, departments, boards, commissions, and other agencies ofthe city may not employ attorneys without the authorization of thehead of the department of law.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,P.L.17, SEC.25.