IC 36-5-3
    Chapter 3. Town Budget Procedures and Compensation ofOfficers and Employees

IC 36-5-3-1
Application of chapter
    Sec. 1. This chapter applies to all towns.
As added by Acts 1980, P.L.212, SEC.4.

IC 36-5-3-2
Compensation for officers and employees
    Sec. 2. (a) As used in this section, "compensation" means the totalof all money paid to an elected town officer for performing duties asa town officer, regardless of the source of funds from which themoney is paid.
    (b) The town legislative body shall, by ordinance, fix thecompensation of its own members, the town clerk-treasurer, and thetown marshal. The legislative body shall provide reasonablecompensation for other town officers and employees.
    (c) The compensation of an elected town officer may not bechanged in the year for which it is fixed, nor may it be reduced belowthe amount fixed for the previous year.
    (d) The legislative body may provide that town officers andemployees receive additional compensation for services that:
        (1) are performed for the town;
        (2) are not governmental in nature; and
        (3) are connected with the operation of a municipally ownedutility or function.
Subject to the approval of the legislative body, the administrativeagency operating the utility or function shall fix the amount of theadditional compensation, which shall be paid from the revenues ofthe utility or function.
As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1981,P.L.17, SEC.26; P.L.351-1983, SEC.1; P.L.15-1993, SEC.4.

IC 36-5-3-3
Formulation of budget estimate
    Sec. 3. Before the publication of notice of budget estimatesrequired by IC 6-1.1-17-3, each town shall formulate a budgetestimate for the ensuing budget year in the following manner, unlessit provides by ordinance for a different manner:
        (1) Each department head shall prepare for his department anestimate of the amount of money required for the ensuingbudget year, stating in detail each category and item ofexpenditure he anticipates.
        (2) The town fiscal officer shall prepare an itemized estimate ofrevenues available for the ensuing budget year, and shallprepare an itemized estimate of expenditures for other purposesabove the money proposed to be used by the departments.
        (3) The town executive shall meet with the department heads

and the fiscal officer to review and revise their variousestimates.
        (4) After the executive's review and revision, the fiscal officershall prepare for the executive a report of the estimateddepartment budgets, miscellaneous expenses, and revenuesnecessary or available to finance the estimates.
As added by Acts 1980, P.L.212, SEC.4.

IC 36-5-3-4
Report of budget estimates; ordinances fixing tax rate andappropriations
    Sec. 4. The town fiscal officer shall present the report of budgetestimates to the town legislative body under IC 6-1.1-17. Afterreviewing the report, the legislative body shall prepare an ordinancefixing the rate of taxation for the ensuing budget year and anordinance making appropriations for the estimated departmentbudgets and other town purposes during the ensuing budget year. Thelegislative body, in the appropriation ordinance, may change anyestimated item from the figure submitted in the report of the fiscalofficer. The legislative body shall promptly act on the appropriationordinance.
As added by Acts 1980, P.L.212, SEC.4.

IC 36-5-3-5
Additional appropriations; decrease; ordinances
    Sec. 5. After the passage of the appropriation ordinance, the townlegislative body may make further or additional appropriations byordinance, unless their result is to increase the tax levy set underIC 6-1.1-17. The legislative body may, by ordinance, decrease anyappropriation set by ordinance.
As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1980,P.L.73, SEC.20.

IC 36-5-3-6
Waiver of compensation
    Sec. 6. (a) As used in this section, "compensation" means the totalof all money paid to an elected town officer for performing duties asa town officer, regardless of the source of funds from which themoney is paid. The term includes all employee benefits paid to atown officer, including life insurance, health insurance, disabilityinsurance, retirement benefits, and pension benefits.
    (b) A town officer may waive the officer's compensation for anyyear by filing a notice that satisfies the following:
        (1) The notice is in writing.
        (2) The notice states in substance all of the following:
            (A) The position held by the town officer.
            (B) The calendar year covered by the notice.
            (C) That the town officer waives compensation under thissection.
            (D) That the town officer understands that the notice is

irrevocable beginning January 1 of the year covered by thenotice.
        (3) The notice is signed by the town officer who wants to waivecompensation.
    (c) A town officer who wants to waive compensation under thissection must file the notice with the town clerk-treasurer beforeJanuary 1 of the year covered by the notice.
    (d) A notice filed under this section is irrevocable beginningJanuary 1 of the year covered by the notice.
    (e) A town officer who files a notice under this section:
        (1) is not entitled to compensation for duties performed in theyear covered by the notice; and
        (2) may not be paid compensation for duties performed in theyear covered by the notice.
As added by P.L.67-2001, SEC.1.