CHAPTER 4. TOWNSHIP EXECUTIVE
IC 36-6-4
Chapter 4. Township Executive
IC 36-6-4-1
Application of chapter
Sec. 1. This chapter applies to all townships.
As added by Acts 1980, P.L.212, SEC.5.
IC 36-6-4-2
Township trustee; residence; term of office
Sec. 2. (a) A township trustee shall be elected under IC 3-10-2-13by the voters of each township. The trustee is the townshipexecutive.
(b) The township trustee must reside within the township asprovided in Article 6, Section 6 of the Constitution of the State ofIndiana. The trustee forfeits office if the trustee ceases to be aresident of the township.
(c) The term of office of a township trustee is four (4) years,beginning January 1 after election and continuing until a successoris elected and qualified.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.5-1986,SEC.57; P.L.3-1987, SEC.563; P.L.1-2004, SEC.62 andP.L.23-2004, SEC.64; P.L.88-2005, SEC.16.
IC 36-6-4-3
Duties
Sec. 3. The executive shall do the following:
(1) Keep a written record of official proceedings.
(2) Manage all township property interests.
(3) Keep township records open for public inspection.
(4) Attend all meetings of the township legislative body.
(5) Receive and pay out township funds.
(6) Examine and settle all accounts and demands chargeableagainst the township.
(7) Administer township assistance under IC 12-20 andIC 12-30-4.
(8) Perform the duties of fence viewer under IC 32-26.
(9) Provide and maintain cemeteries under IC 23-14.
(10) Provide fire protection under IC 36-8, except in a townshipthat:
(A) is located in a county having a consolidated city; and
(B) consolidated the township's fire department underIC 36-3-1-6.1.
(11) File an annual personnel report under IC 5-11-13.
(12) Provide and maintain township parks and communitycenters under IC 36-10.
(13) Destroy detrimental plants, noxious weeds, and rankvegetation under IC 15-16-8.
(14) Provide insulin to the poor under IC 12-20-16.
(15) Perform other duties prescribed by statute.As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.191-1987,SEC.14; P.L.2-1992, SEC.889; P.L.2-1993, SEC.203; P.L.51-1996,SEC.76; P.L.2-2002, SEC.108; P.L.227-2005, SEC.36; P.L.73-2005,SEC.173; P.L.1-2006, SEC.562; P.L.2-2008, SEC.82; P.L.146-2008,SEC.709; P.L.1-2009, SEC.163.
IC 36-6-4-4
Powers
Sec. 4. The executive may do the following:
(1) Administer oaths when necessary in the discharge of officialduties.
(2) Appoint an attorney to represent the township in anyproceeding in which the township is interested.
(3) Enter into certain oil and gas leases of township propertyunder IC 36-9.
(4) Personally use a township vehicle for the performance ofofficial duties, but only if the use is authorized by the townshiplegislative body.
(5) Exercise other powers granted by statute.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.191-1987,SEC.15; P.L.302-1989, SEC.1.
IC 36-6-4-5
Records; maintenance
Sec. 5. The executive shall maintain:
(1) a general account showing the total of all township receiptsand expenditures; and
(2) the financial and appropriation record of the township,which must include an itemized and accurate account of thetownship's financial affairs.
As added by Acts 1980, P.L.212, SEC.5.
IC 36-6-4-6
Financial and appropriation record; requisites
Sec. 6. (a) For each sum of money received by the executive, thefinancial and appropriation record must show:
(1) the date it was received;
(2) from whom it was received; and
(3) to what account it was credited.
(b) For each sum of money paid by the executive, the financialand appropriation record must show:
(1) the date it was paid;
(2) to whom it was paid;
(3) from what account it was paid; and
(4) why it was paid.
(c) The state board of accounts shall prescribe the form of thefinancial and appropriation record.
As added by Acts 1980, P.L.212, SEC.5.
IC 36-6-4-7 Purchases; written order; warrant; violation; liability
Sec. 7. (a) Each purchase for the township by the executive mustbe made on written order of the executive, certifying that sufficientfunds have been appropriated to pay the full price of the purchase.The executive shall issue a warrant and pay for the purchase not laterthan receipt of the county treasurer's first semiannual distributionfollowing the purchase.
(b) An executive who violates this section commits a Class Cinfraction and is liable on his official bond for the value of thepurchase.
As added by Acts 1980, P.L.212, SEC.5.
IC 36-6-4-8
Use of funds appropriated for community services; contracts forambulance services; fees
Sec. 8. (a) The executive may use the township's share of state,county, and township tax revenues and federal revenue sharing fundsfor all categories of community services, if these funds areappropriated for these services by the township legislative body. Theexecutive may use these funds for both operating and capitalexpenditures.
(b) With the consent of the township legislative body, theexecutive may contract with corporations for health and communityservices not specifically provided by another governmental entity.
(c) The executive may contract with a private person to provideregular or emergency ambulance service within the township. Thecontract may provide for the imposition and collection of fees forthis service.
(d) The township legislative body may adopt a resolution toprovide for the imposition and collection of fees for ambulanceservices provided by the township police or fire department.
As added by Acts 1980, P.L.212, SEC.5. Amended by Acts 1980,P.L.125, SEC.26; Acts 1981, P.L.11, SEC.166.
IC 36-6-4-9
Repealed
(Repealed by Acts 1981, P.L.57, SEC.45.)
IC 36-6-4-10
Verified statement of indebtedness; posting
Sec. 10. On the first Monday of each August the executive shallpost, in a conspicuous place near his office, a verified statementshowing the indebtedness of the township in detail and giving thenumber and total amount of outstanding orders, warrants, andaccounts.
As added by Acts 1980, P.L.212, SEC.5.
IC 36-6-4-11
Annual meeting; statement of estimated expenditures; forms;amounts Sec. 11. (a) At the township legislative body's annual meetingunder IC 36-6-6-11, the executive shall:
(1) present an itemized written statement of the estimatedexpenditures for which appropriations are requested,specifying:
(A) the number of teachers employed;
(B) the salary of each teacher employed;
(C) the property of the township (and supplies on hand);
(D) the estimated value of the property of the township (andsupplies on hand);
(E) the supplies necessary for each school; and
(F) the need for township assistance in the township; and
(2) submit to questions from the legislative body or taxpayersconcerning expenditures of the township.
(b) The written statement required under subsection (a)(1) mustcomply with forms prescribed by the state board of accounts andshow the amount of each item to be charged against township funds.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.73-2005,SEC.174.
IC 36-6-4-12
Annual meeting; report of receipts and expenditures of precedingcalendar year; failure to file; penalty
Sec. 12. (a) At the annual meeting of the township legislativebody under IC 36-6-6-9 the executive shall present a complete reportof all receipts and expenditures of the preceding calendar year,including the balance to the credit of each fund controlled by theexecutive. If the executive controls any money that is not included ina particular fund, then the executive shall state all the factsconcerning that money in the report.
(b) Each item of expenditure must be accompanied by the verifiedvoucher of the person to whom the sum was paid, stating:
(1) why the payment was made;
(2) that the receipt is for the exact sum received;
(3) that no part of the sum has been retained by the executive;and
(4) that no part of the sum has been or is to be returned to theexecutive or any other person.
The executive may administer oaths to persons giving these receipts.
(c) The executive shall swear or affirm that:
(1) the report shows all sums received by him;
(2) the expenditures credited have been fully paid in the sumsstated, without express or implied agreement that any part of thesums is to be retained by or returned to the executive or anyother person; and
(3) the executive has received no money or other property inconsideration of any contract entered into on behalf of thetownship.
(d) Within ten (10) days after the legislative body's action underIC 36-6-6-9, the executive shall file a copy of the report and its
accompanying vouchers, as adopted by the legislative body, in thecounty auditor's office. The legislative body may, for the benefit ofthe township, bring a civil action against the executive if theexecutive fails to file the report within ten (10) days after thelegislative body's action. The legislative body may recover fivedollars ($5) for each day beyond the time limit for filing the report,until the report is filed.
As added by Acts 1980, P.L.212, SEC.5.
IC 36-6-4-13
Abstract of receipts and expenditures; publication; failure tocomply; offense
Sec. 13. (a) When the executive prepares the annual reportrequired by section 12 of this chapter, the executive shall alsoprepare, on forms prescribed by the state board of accounts, anabstract of receipts and expenditures:
(1) showing the sum of money in each fund of the township atthe beginning of the year;
(2) showing the sum of money received in each fund of thetownship during the year;
(3) showing the sum of money paid from each fund of thetownship during the year;
(4) showing the sum of money remaining in each fund of thetownship at the end of the year.
(5) containing a statement of receipts, showing their source; and
(6) containing a statement of expenditures, showing thecombined gross payment, according to classification ofexpense, to each person.
(b) Within four (4) weeks after the third Tuesday following thefirst Monday in January, the executive shall publish the abstractprescribed by subsection (a) in accordance with IC 5-3-1. Theabstract must state that a complete and detailed annual report and theaccompanying vouchers showing the names of persons paid moneyby the township have been filed with the county auditor, and that thechairman of the township legislative body has a copy of the reportthat is available for inspection by any taxpayer of the township.
(c) An executive who fails to comply with this section commits aClass C infraction.
As added by Acts 1980, P.L.212, SEC.5. Amended by Acts 1981,P.L.45, SEC.16; P.L.155-1987, SEC.3.
IC 36-6-4-14
Expiration of term; delivery of funds, property, and annual report;submission to inquiries at annual meeting
Sec. 14. When his term of office expires, the executive shall:
(1) immediately deliver to the new executive custody of allfunds and property of the township, except records necessary inthe preparation of his annual report;
(2) deliver to the new executive, not later than the secondMonday in the next January, his annual report and any records
he has retained; and
(3) attend the annual meeting of the township legislative bodyheld under IC 36-6-6-9 and submit to inquiries from thelegislative body concerning the operation of the executive'soffice during the preceding calendar year.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.173-2003,SEC.27.
IC 36-6-4-15
Resignation or death; issuance of call for special meeting by newexecutive; annual report
Sec. 15. (a) If the executive resigns or dies, he or his personalrepresentative shall immediately deliver to the new executive custodyof all funds and property of the township. The new executive shallthen issue a call for a special meeting of the township legislativebody, to be held not more than fifteen (15) days later. At the specialmeeting the legislative body shall:
(1) examine the records of the township;
(2) inquire into the conduct of the executive's office; and
(3) approve in whole or in part the records, receipts, andexpenditures of the township to the date of death or resignationof the former executive.
(b) In his annual report to the legislative body, the new executiveshall distinguish between his transactions and those of the formerexecutive. The legislative body need not, at its annual meeting underIC 36-6-6-9, review items in the report that were considered at thespecial meeting.
As added by Acts 1980, P.L.212, SEC.5.
IC 36-6-4-16
Incapacity; petition; hearing; acting executive; salaries;restoration of capacity; resumption of duties
Sec. 16. (a) When twenty-five (25) or more resident freeholdersof a township file a petition with the circuit court of the county,alleging that the township executive is incapable of performing hisduties due to mental or physical incapacity, the clerk of the courtshall issue a summons to be served on the executive. The summonsis returnable not less than ten (10) days from its date of issue.
(b) Immediately following the return date set out on the summons,the circuit court shall hold a hearing on the matter alleged in thepetition. After hearing the evidence and being fully advised, the courtshall enter its findings and judgment.
(c) If the court finds the executive incapable of performing theduties of office, the clerk of the court shall certify a copy of thejudgment to the county executive, which shall, within five (5) days,appoint a resident of the township as acting executive of thetownship during the incapacity of the executive.
(d) The acting executive shall execute and file a bond in anamount fixed by the county auditor. After taking the oath of office,the acting executive has all the powers and duties of the executive. (e) The acting executive is entitled to the salary and benefitsprovided by this article for the executive.
(f) When an incapacitated executive files a petition with thecircuit court of the county alleging that the executive is restored tomental or physical ability to perform the duties of office, the courtshall immediately hold a hearing on the matters alleged. Afterhearing the evidence and being fully advised, the court shall enter itsfindings and judgment.
(g) If the court finds the executive capable of resuming duties, theclerk of the court shall certify a copy of the judgment to the countyexecutive, which shall, within five (5) days, revoke the appointmentof the acting executive.
(h) For purposes of this section, the board of countycommissioners is considered the executive of a county having aconsolidated city.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.1-2010,SEC.148.
IC 36-6-4-17
Failure to perform duty; liability; compensation; personal use oftownship funds
Sec. 17. (a) An executive who fails to perform a duty imposed bysection 3(1), 3(2), 3(3), 3(4), 3(5), 3(7), 3(8), 5, or 14(1) of thischapter is liable to the township in a sum of not more than onehundred dollars ($100), to be recovered in a civil action brought inthe name of the township.
(b) An executive is entitled to receive the following:
(1) The executive's salary.
(2) Reimbursement for expenses that are reasonably incurred bythe executive for the following:
(A) The operation of the executive's office.
(B) Travel and meals while attending seminars orconferences on township matters.
(C) A sum for mileage as permitted under IC 36-6-8-3(b).
The executive may not make any other personal use of townshipfunds without prior approval by the legislative body of the township.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.34-1992,SEC.3.
IC 36-6-4-18
Designation of alternate to perform executive's duties andfunctions
Sec. 18. (a) Within thirty (30) days after taking office, theexecutive shall designate a person who shall perform the executive'sduties whenever the executive is incapable of performing theexecutive's functions because the executive:
(1) is absent from the township; or
(2) becomes incapacitated.
The executive shall give notice of the designation to the chairman ofthe township legislative body, the county sheriff, and any other
persons that the executive chooses. The designee shall have all thepowers of the executive. The executive is responsible for all acts ofthe designee. The executive may change the designee under thissection at any time.
(b) The designee shall perform the executive's duties until:
(1) the executive is no longer absent from the township; or
(2) an acting executive is appointed by the county executiveunder section 16 of this chapter.
As added by P.L.105-1986, SEC.3. Amended by P.L.21-2002, SEC.1.
IC 36-6-4-19
Use of funds for drug awareness programs
Sec. 19. The township executive may pay township funds for thepurpose of supporting a drug awareness program that is implementedin schools.
As added by P.L.2-1997, SEC.83.