CHAPTER 6. TOWN CLERK-TREASURER
IC 36-5-6
Chapter 6. Town Clerk-Treasurer
IC 36-5-6-1
Application of chapter
Sec. 1. This chapter applies to all towns.
As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-6-2
Clerk and fiscal officer
Sec. 2. The clerk-treasurer elected under this chapter is both thetown clerk and the town fiscal officer.
As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-6-3
Residency; term of office
Sec. 3. (a) The clerk-treasurer must reside within the town asprovided in Article 6, Section 6 of the Constitution of the State ofIndiana. The clerk-treasurer forfeits office if the clerk-treasurerceases to be a resident of the town.
(b) Except as provided in subsection (c) or (d), the term of officeof the clerk-treasurer is four (4) years, beginning at noon January 1after election and continuing until a successor is elected andqualified.
(c) The term of office of a clerk-treasurer elected underIC 36-5-1-10.1 following the incorporation of the town:
(1) begins at noon November 30 following the election; and
(2) continues until noon January 1 following the next municipalelection scheduled under IC 3-10-6-5 or IC 3-10-7-6 and untilthe clerk-treasurer's successor is elected and qualified.
(d) The term of office of a clerk-treasurer subject to an ordinancedescribed by IC 3-10-6-2.6 is:
(1) one (1) year if the clerk-treasurer is elected at the nextmunicipal election not conducted in a general election year; and
(2) four (4) years for the successors of the clerk-treasurerdescribed in subdivision (1);
beginning at noon January 1 after the clerk-treasurer's election andcontinuing until the clerk-treasurer's successor is elected andqualified.
(e) The term of office of a clerk-treasurer subject to an ordinancedescribed by IC 3-10-7-2.7 is:
(1) three (3) years if the clerk-treasurer is elected at the nextmunicipal election not conducted in a general election year; and
(2) four (4) years for the successors of the clerk-treasurerdescribed in subdivision (1);
beginning noon January 1 after the clerk-treasurer's election andcontinuing until the clerk-treasurer's successor is elected andqualified.
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.3-1987,SEC.562; P.L.3-1993, SEC.277; P.L.4-1996, SEC.104.
IC 36-5-6-4
Election
Sec. 4. The clerk-treasurer shall be elected under IC 3-10-6 orIC 3-10-7 by the voters of the whole town.
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.5-1986,SEC.56.
IC 36-5-6-5
Oaths, depositions, and acknowledgments
Sec. 5. The clerk-treasurer may administer oaths, take depositions,and take acknowledgments of instruments required by statute to beacknowledged.
As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-6-5.1
Office space provided
Sec. 5.1. If office space exists in a building owned or leased bythe town, the legislative body shall provide suitable office space forthe:
(1) clerk-treasurer; and
(2) staff and records of the clerk-treasurer.
As added by P.L.69-1995, SEC.12.
IC 36-5-6-6
Powers and duties
Sec. 6. (a) The clerk-treasurer shall do the following:
(1) Receive and care for all town money and pay the money outonly on order of the town legislative body.
(2) Keep accounts showing when and from what sources theclerk-treasurer has received town money and when and towhom the clerk-treasurer has paid out town money.
(3) Prescribe payroll and account forms for all town offices.
(4) Prescribe the manner in which creditors, officers, andemployees shall be paid.
(5) Manage the finances and accounts of the town and makeinvestments of town money.
(6) Prepare for the legislative body the budget estimates ofmiscellaneous revenue, financial statements, and the proposedtax rate.
(7) Maintain custody of the town seal and the records of thelegislative body.
(8) Issue all licenses authorized by statute and collect the feesfixed by ordinance.
(9) Serve as clerk of the legislative body by attending itsmeetings and recording its proceedings.
(10) Administer oaths, take depositions, and takeacknowledgment of instruments that are required by statute tobe acknowledged, without charging a fee.
(11) Serve as clerk of the town court under IC 33-35-3-2, if thejudge of the court does not serve as clerk of the court or appoint
a clerk of the court under IC 33-35-3-1.
(12) Perform all other duties prescribed by statute.
(b) A clerk-treasurer is not liable, in an individual capacity, forany act or omission occurring in connection with the performance ofthe requirements set forth in subsection (a), unless the act oromission constitutes gross negligence or an intentional disregard ofthe requirements.
As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1981,P.L.17, SEC.27; P.L.189-1988, SEC.5; P.L.10-1997, SEC.33;P.L.33-1998, SEC.11; P.L.98-2004, SEC.162.
IC 36-5-6-7
Deputies and employees
Sec. 7. (a) The clerk-treasurer shall appoint the number ofdeputies and employees needed for the effective operation of theoffice, with the approval of the town legislative body. Theclerk-treasurer's deputies and employees serve at the clerk-treasurer'spleasure.
(b) If a town owns a utility and the clerk-treasurer is directlyresponsible for the billing and collection of that utility's rates andcharges, the clerk-treasurer shall appoint those employees who arealso responsible for that billing and collection. These employeesserve at the clerk-treasurer's pleasure.
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.189-1988,SEC.6.
IC 36-5-6-8
Employment of attorneys or legal research assistants
Sec. 8. (a) A clerk-treasurer may hire or contract with competentattorneys or legal research assistants on terms the clerk-treasurerconsiders appropriate.
(b) Appropriations for the salaries of attorneys and legal researchassistants employed under this section shall be approved in theannual budget.
(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-treasurer for thepayment of attorneys' and legal research assistants' salaries.
As added by P.L.69-1995, SEC.13. Amended by P.L.98-2000,SEC.24.