CHAPTER 6. TOWNSHIP LEGISLATIVE BODY
IC 36-6-6
Chapter 6. Township Legislative Body
IC 36-6-6-1
Application of chapter
Sec. 1. This chapter applies to all townships.
As added by Acts 1980, P.L.212, SEC.5.
IC 36-6-6-2
Township board; election; term of office
Sec. 2. (a) Except as provided in subsection (b) and section 2.1 ofthis chapter, a three (3) member township board shall be electedunder IC 3-10-2-13 by the voters of each township.
(b) The township board in a county containing a consolidated cityshall consist of seven (7) members elected under IC 3-10-2-13 by thevoters of each township.
(c) The township board is the township legislative body.
(d) The term of office of a township board member is four (4)years, beginning January 1 after election and continuing until asuccessor is elected and qualified.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.5-1986,SEC.59; P.L.8-1987, SEC.83; P.L.6-1994, SEC.2; P.L.122-2000,SEC.22; P.L.170-2002, SEC.147; P.L.240-2005, SEC.6.
IC 36-6-6-2.1
Merged townships; township board; election; members
Sec. 2.1. (a) This section applies if township governments mergeunder IC 36-6-1.5.
(b) If two (2) township governments merge, the resulting mergedtownship government shall elect a three (3) member township board.The voters of the resulting merged township government shall electall the members of the township board. One (1) member must residewithin the boundaries of each of the township governments thatmerged.
(c) If at least three (3) township governments merge, the resultingmerged township government shall elect a township board that hasthe same number of members as the number of townshipgovernments that merged. The voters of the resulting mergedtownship shall elect all the members of the township board. One (1)township board member must reside within the boundaries of eachof the townships that merged.
As added by P.L.240-2005, SEC.7.
IC 36-6-6-2.2
Election of township board members; by voters of a district; by alltownship voters
Sec. 2.2. (a) This subsection applies to townships in a countycontaining a consolidated city. The voters of each legislative bodydistrict established under section 2.5 of this chapter shall elect one(1) member of the township board. (b) This subsection applies to townships not included insubsection (a). The voters of each township shall elect all themembers of the township board.
As added by P.L.6-1994, SEC.3. Amended by P.L.170-2002,SEC.148.
IC 36-6-6-2.5
Division of certain townships into legislative body districts
Sec. 2.5. (a) This section applies to townships in a countycontaining a consolidated city.
(b) The legislative body shall adopt a resolution that divides thetownship into legislative body districts that:
(1) are composed of contiguous territory;
(2) are reasonably compact;
(3) respect, as nearly as reasonably practicable, precinctboundary lines; and
(4) contain, as nearly as reasonably practicable, equalpopulation.
(c) Before a legislative body may adopt a resolution that dividesa township into legislative body districts, the secretary of thelegislative body shall mail a written notice to the circuit court clerk.This notice must:
(1) state that the legislative body is considering the adoption ofa resolution to divide the township into legislative bodydistricts; and
(2) be mailed not later than ten (10) days before the legislativebody adopts the resolution.
(d) The legislative body shall make a division into legislativebody districts at the following times:
(1) During the second year after a year in which a federaldecennial census is conducted.
(2) Subject to IC 3-11-1.5-32.5, whenever the boundary of thetownship changes.
(e) The legislative body may make the division under this sectionat any time, subject to IC 3-11-1.5-32.5.
As added by P.L.6-1994, SEC.4. Amended by P.L.318-1995, SEC.1;P.L.122-2000, SEC.23; P.L.170-2002, SEC.149; P.L.230-2005,SEC.89.
IC 36-6-6-3
Residency requirement of members
Sec. 3. (a) This subsection applies to townships in a countycontaining a consolidated city. One (1) member of the legislativebody must reside within each legislative body district. If a memberof the legislative body ceases to be a resident of the district fromwhich the member was elected, the office becomes vacant.
(b) This subsection applies to townships not included insubsection (a) or (c). A member of the legislative body must residewithin the township as provided in Article 6, Section 6 of theConstitution of the State of Indiana. If a member of the legislative
body ceases to be a resident of the township, the office becomesvacant.
(c) This subsection applies to a township government that:
(1) is created by a merger of township governments underIC 36-6-1.5; and
(2) elects a township board under section 2.1 of this chapter.
One (1) member of the legislative body must reside within theboundaries of each of the former townships that merged. If a memberof the legislative body ceases to be a resident of that formertownship, the office becomes vacant.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.3-1987,SEC.565; P.L.6-1994, SEC.5; P.L.170-2002, SEC.150;P.L.240-2005, SEC.8.
IC 36-6-6-4
Quorum
Sec. 4. (a) Except as provided in subsections (b) and (c), two (2)members of the legislative body constitute a quorum.
(b) Four (4) members of the legislative body in a countycontaining a consolidated city constitute a quorum.
(c) This subsection applies to a township government that:
(1) is created by a merger of township governments underIC 36-6-1.5; and
(2) elects a township board under section 2.1 of this chapter.
A majority of the members of the legislative body constitute aquorum. If a township board has an even number of members, thetownship executive shall serve as an ex officio member of thetownship board for the purpose of casting the deciding vote to breaka tie.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.6-1994,SEC.6; P.L.122-2000, SEC.24; P.L.170-2002, SEC.151;P.L.240-2005, SEC.9.
IC 36-6-6-5
Adjournment of meetings
Sec. 5. A meeting of the legislative body may be adjourned fromday to day until its business is completed.
As added by Acts 1980, P.L.212, SEC.5.
IC 36-6-6-6
Appearance at meetings by taxpayer
Sec. 6. A taxpayer of the township may appear at any meeting ofthe legislative body and be heard as to:
(1) an estimate of expenditures;
(2) a proposed levy of taxes;
(3) the approval of the executive's annual report; or
(4) any other matter being considered by the legislative body.
As added by Acts 1980, P.L.212, SEC.5.
IC 36-6-6-7 Meetings; election of chairman and secretary; special meeting
Sec. 7. (a) The legislative body shall meet at the office of theexecutive on the first Tuesday after the first Monday in January ofeach year. At this meeting the legislative body shall elect one (1)member as chairman for that year and one (1) member as secretaryfor that year.
(b) If a newly elected legislative body holds a special meetingbefore the first Tuesday after the first Monday in the Januaryfollowing its election, it shall elect a chairman and a secretary beforeconducting any other business. The chairman and secretary electedat the special meeting retain those positions until the first Tuesdayafter the first Monday in January of the year following the specialmeeting.
As added by Acts 1980, P.L.212, SEC.5.
IC 36-6-6-8
Record of proceedings
Sec. 8. The legislative body shall keep a permanent record of itsproceedings in a book furnished by the executive. The secretary ofthe legislative body shall, under the direction of the legislative body,record the minutes of the proceedings of each meeting in full andshall provide copies of the minutes to each member of the legislativebody before the next meeting is convened. After the minutes areapproved by the legislative body, the secretary of the legislative bodyshall place the minutes in the permanent record book. The chairmanof the legislative body shall retain the record in his custody.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.98-2000,SEC.25.
IC 36-6-6-9
Meeting; consideration and approval of annual report of executive;disposition of funds
Sec. 9. (a) The legislative body shall meet on or before the thirdTuesday after the first Monday in January of each year. At thismeeting it shall consider and approve, in whole or in part, the annualreport of the executive presented under IC 36-6-4-12.
(b) The legislative body may send for persons, books, and papersnecessary in the examination of the report. A member mayadminister oaths necessary in the examination of the report.
(c) Any sum in the control of the executive that remainsunexpended and is subject to no liability shall be credited in favor ofthe fund for which it was appropriated.
(d) Any fund expended, in whole or in part, for a purpose forwhich it was not appropriated shall be considered unexpended andin the control of the executive, who is liable on his bond for such anexpenditure.
(e) When its examination of the report is completed, thelegislative body shall take action on the report, specifying the partsof the report that are altered or disallowed. The report remains underthe control of the legislative body and in custody of its chairman,
who shall keep it open to inspection by taxpayers of the township.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.49-1996,SEC.9.
IC 36-6-6-10
Compensation of officers and employees
Sec. 10. (a) This section does not apply to the appropriation ofmoney to pay a deputy or an employee of a township assessor withassessment duties or to an elected township assessor.
(b) The township legislative body shall fix the:
(1) salaries;
(2) wages;
(3) rates of hourly pay; and
(4) remuneration other than statutory allowances;
of all officers and employees of the township.
(c) Subject to subsection (d), the township legislative body mayreduce the salary of an elected or appointed official. However, exceptas provided in subsection (h), the official is entitled to a salary thatis not less than the salary fixed for the first year of the term of officethat immediately preceded the current term of office.
(d) Except as provided in subsection (h), the township legislativebody may not alter the salaries of elected or appointed officersduring the fiscal year for which they are fixed, but it may add oreliminate any other position and change the salary of any otheremployee, if the necessary funds and appropriations are available.
(e) If a change in the mileage allowance paid to state officers andemployees is established by July 1 of any year, that change shall beincluded in the compensation fixed for the township executive andassessor under this section, to take effect January 1 of the next year.However, the township legislative body may by ordinance providefor the change in the sum per mile to take effect before January 1 ofthe next year.
(f) The township legislative body may not reduce the salary of thetownship executive without the consent of the township executiveduring the term of office of the township executive as set forth inIC 36-6-4-2.
(g) This subsection applies when a township executive dies orresigns from office. The person filling the vacancy of the townshipexecutive shall receive at least the same salary the previous townshipexecutive received for the remainder of the unexpired term of officeof the township executive (as set forth in IC 36-6-4-2), unless theperson consents to a reduction in salary.
(h) In a year in which there is not an election of members to thetownship legislative body, the township legislative body may byunanimous vote reduce the salaries of the members of the townshiplegislative body by any amount.
As added by Acts 1980, P.L.212, SEC.5. Amended by Acts 1980,P.L.125, SEC.27; P.L.352-1983, SEC.1; P.L.196-1984, SEC.1;P.L.319-1995, SEC.1; P.L.21-2002, SEC.2; P.L.169-2006, SEC.56;P.L.146-2008, SEC.713.
IC 36-6-6-11
Meeting; adoption of annual budget; estimates; appropriation;taxation
Sec. 11. (a) The legislative body shall meet annually in accordwith IC 6-1.1-17, to adopt the township's annual budget.
(b) The legislative body shall consider the estimates ofexpenditures made by the executive under IC 36-6-4-11, and mayapprove or reject all or part of any estimate or any item within anestimate. The legislative body may require the executive to furtheritemize an estimate not sufficiently itemized.
(c) The legislative body may not appropriate for any purpose anamount more than the executive's estimate of the amount required forthat purpose.
(d) The legislative body shall include in the budget:
(1) provisions for the payment of existing debt of the townshipas it becomes due; and
(2) the salaries fixed under section 10 of this chapter.
(e) In making levies for the township general fund, the legislativebody may include an amount not more than the amount necessary tocompensate its members for their services during the year for whichthe levies are made.
(f) After the legislative body has taken action on the executive'sestimates, it shall levy taxes for the township funds on property inthe township and fix rates of taxation sufficient to provide thatrevenue during the next year.
(g) On the assessment date, as defined by IC 6-1.1-1-2, the ratesof taxation adopted under this section become a levy and a lien on alltaxable property in the township, including property in municipalitiesin the township. The levy constitutes an appropriation for the specificitems in the executive's estimates.
As added by Acts 1980, P.L.212, SEC.5.
IC 36-6-6-12
Membership of township in county, state, or national associations;appropriations; expenses
Sec. 12. (a) The legislative body may appropriate money formembership of the township in county, state, or national associationsthat:
(1) are of a civic, educational, or governmental nature; and
(2) have as a purpose the improvement of townshipgovernmental operations.
The township representatives may participate in the activities ofthese associations, and the legislative body may appropriate moneyto defray the expenses of township representatives in connectionwith these activities.
(b) Each representative of the township attending any meeting,conference, seminar, or convention approved by the township trusteeshall be allowed reimbursement for all necessary and legitimateexpenses incurred while representing the township. Expenses shallbe paid to each representative in accordance with the township's
reimbursement policy, which may include an established per diemrate, as recommended by the township trustee and adopted by thetownship legislative body.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.303-1989,SEC.1; P.L.98-2000, SEC.26.
IC 36-6-6-13
Appropriation and transfer of money to county; interlocalagreements
Sec. 13. The legislative body may appropriate and transfer moneyto the county treasurer for use throughout the county underagreements made by the township and the county under IC 36-1-7.
As added by Acts 1980, P.L.212, SEC.5. Amended by Acts 1980,P.L.125, SEC.28.
IC 36-6-6-13.5
Special meeting by legislative body; notice
Sec. 13.5. (a) A special meeting may be held by the legislativebody if the executive, the chairman of the legislative body, or amajority of the members of the legislative body issue a written noticeof the meeting to each member of the legislative body. The noticemust state the time, place, and purpose of the meeting.
(b) The legislative body may consider any matter at a specialmeeting. However, the only matters that may be acted on at thespecial meeting are the matters set forth in the notice.
As added by P.L.146-2008, SEC.714.
IC 36-6-6-14
Special meeting; determination of need for fire and emergencyservices
Sec. 14. (a) At any special meeting, if two (2) or more membersgive their consent, the legislative body may determine whether thereis a need for fire and emergency services or other emergencyrequiring the expenditure of money not included in the township'sbudget estimates and levy.
(b) Subject to section 14.5 of this chapter, if the legislative bodyfinds that a need for fire and emergency services or other emergencyexists, it may issue a special order, entered and signed on the record,authorizing the executive to borrow a specified amount of moneysufficient to meet the emergency.
(c) Notwithstanding IC 36-8-13-4(a), the legislative body mayauthorize the executive to borrow a specified sum from a townshipfund other than the township firefighting fund if the legislative bodyfinds that the emergency requiring the expenditure of money isrelated to paying the operating expenses of a township firedepartment or a volunteer fire department. At its next annual session,the legislative body shall cover the debt created by making a levy tothe credit of the fund for which the amount was borrowed under thissubsection.
(d) In determining whether a fire and emergency services need
exists requiring the expenditure of money not included in thetownship's budget estimates and levy, the legislative body and anyreviewing authority considering the approval of the additionalborrowing shall consider the following factors:
(1) The current and projected certified and noncertified publicsafety payroll needs of the township.
(2) The current and projected need for fire and emergencyservices within the jurisdiction served by the township.
(3) Any applicable national standards or recommendations forthe provision of fire protection and emergency services.
(4) Current and projected growth in the number of residents andother citizens served by the township, emergency service runs,certified and noncertified personnel, and other appropriatemeasures of public safety needs in the jurisdiction served by thetownship.
(5) Salary comparisons for certified and noncertified publicsafety personnel in the township and other surrounding orcomparable jurisdictions.
(6) Prior annual expenditures for fire and emergency services,including all amounts budgeted under this chapter.
(7) Current and projected growth in the assessed value ofproperty requiring protection in the jurisdiction served by thetownship.
(8) Other factors directly related to the provision of publicsafety within the jurisdiction served by the township.
(e) In the event the township received additional funds under thischapter in the immediately preceding budget year for an approvedexpenditure, any reviewing authority shall take into consideration theuse of the funds in the immediately preceding budget year and thecontinued need for funding the services and operations to be fundedwith the proceeds of the loan.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.41-1993,SEC.48; P.L.50-1998, SEC.1; P.L.146-2008, SEC.715.
IC 36-6-6-14.5
Objection by taxpayers; department of local government financehearing and action; appeal
Sec. 14.5. (a) If the legislative body issues a special order undersection 14 of this chapter authorizing the executive to borrow money,not less than ten (10) taxpayers in the township who disagree withthe special order may file a petition in the office of the countyauditor not more than thirty (30) days after notice of the special orderis given. The petition must state the taxpayers' objections and thereasons why the taxpayers believe the special order to beunnecessary or unwise.
(b) The county auditor shall immediately certify a copy of thepetition, together with other data necessary to present the questionsinvolved, to the department of local government finance. Uponreceipt of the certified petition and other data, the department oflocal government finance shall fix a time and place for the hearing of
the matter. The hearing shall be held not less than five (5) and notmore than thirty (30) days after the receipt of the certifieddocuments.
(c) The hearing shall be held in the county where the petitionarose.
(d) Notice of the hearing shall be given by the department of localgovernment finance to the township and to the first ten (10) taxpayerpetitioners listed on the petition by letter. The letter shall be sent tothe first ten (10) taxpayer petitioners at the taxpayer's usual place ofresidence at least five (5) days before the date of the hearing.
(e) A:
(1) taxpayer who signed a petition filed under subsection (a); or
(2) township against which a petition under subsection (a) isfiled;
may petition for judicial review of the final determination of thedepartment of local government finance under subsection (a). Thepetition must be filed in the tax court not more than forty-five (45)days after the date of the department's final determination.
As added by P.L.41-1993, SEC.49. Amended by P.L.90-2002,SEC.472; P.L.256-2003, SEC.37.
IC 36-6-6-15
Temporary loans to meet current expenses; resolution; timewarrants
Sec. 15. (a) If the legislative body finds that an emergencyrequires the borrowing of money to meet the township's currentexpenses, it may take out temporary loans in an amount not morethan eighty percent (80%) of the total anticipated revenue for theremainder of the year in which the loans are taken out.
(b) The legislative body must authorize the temporary loans by aresolution:
(1) stating the nature of the consideration for the loans;
(2) stating the time the loans are payable;
(3) stating the place the loans are payable;
(4) stating a rate of interest;
(5) stating the anticipated revenues on which the loans arebased and out of which they are payable; and
(6) appropriating a sufficient amount of the anticipatedrevenues on which the loans are based and out of which they arepayable for the payment of the loans.
(c) The loans must be evidenced by time warrants of the townshipstating:
(1) the nature of the consideration;
(2) the time payable;
(3) the place payable; and
(4) the anticipated revenues on which they are based and out ofwhich they are payable.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.146-2008,SEC.716.