CHAPTER 7. REGIONAL PLANNING COMMISSIONS
IC 36-7-7
Chapter 7. Regional Planning Commissions
IC 36-7-7-1
Application of chapter
Sec. 1. This chapter applies to any area consisting of two (2) ormore counties (referred to as a "region" in this chapter).
As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-2
Establishment
Sec. 2. (a) The legislative bodies of all the counties in a regionmay, by concurrent resolutions, request the establishment of aregional planning commission (referred to as a "commission" in thischapter). Official copies of the resolutions must be forwarded to thegovernor, who shall then appoint himself or a member of his staff toimmediately notify the other members of the commission and to actas temporary chairman for the election of officers. The commissionshall, by resolution, designate a name for itself that reflects thecommission's role and function and that may include the words"Regional Planning Commission".
(b) This subsection applies to each commission established afterJuly 1, 1978. A county participating in a commission is not subjectto the tax imposed under section 12 of this chapter, unless all theconcurrent resolutions establishing the commission accept theapplication of the tax.
As added by Acts 1981, P.L.309, SEC.26. Amended by P.L.144-1992,SEC.1.
IC 36-7-7-3
Counties transferring membership between commissions or joiningexisting commissions; procedure
Sec. 3. (a) A county may request a change in its participation fromone commission to another, or request to join a commission if it isnot participating, under subsection (b).
(b) The legislative body of the county must, by resolution, requestthe inclusion of the county in the commission. The county auditorshall transmit a copy of the resolution to the governor, the chairmanof the commission, and, if applicable, the chairman of thecommission that the county is requesting to leave.
(c) The commission to be joined may consider a request undersubsection (b). It may, by a majority vote of all its members, adopta resolution including the requesting county in the commission.
(d) Whenever a resolution is adopted under subsection (c), thechairman of the commission shall call a meeting to organize theenlarged commission. He shall call to this meeting all members ofthe commission plus:
(1) if the new county is changing its participation from onecommission to another, the persons from that county whoserved on the commission that the county is leaving; or (2) if the new county has not been participating, a representativeof the executive of that county.
As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-4
Members; appointment; compensation; certification; vacancies
Sec. 4. (a) The following members of the commission shall beappointed from each county in the region:
(1) A representative of the county executive who may be eithera member of the executive or a person appointed by it.
(2) A representative of the county fiscal body who must be amember of the fiscal body.
(b) The following members of the commission shall be appointedfrom each county in the region having a population of more than fiftythousand (50,000):
(1) The county surveyor or a person appointed by the surveyor.
(2) Two (2) persons appointed by the executive of eachmunicipality having a population of more than fifty thousand(50,000).
(3) One (1) person appointed by the executive of each of theseven (7) largest municipalities having a population of less thanfifty thousand (50,000). If there are fewer than seven (7)municipalities, enough additional persons appointed by thecounty executive to bring the total appointed under thissubdivision to seven (7).
(c) The following members of the commission shall be appointedfrom each county in the region having a population of less than fiftythousand (50,000):
(1) One (1) person appointed by the executive of each of thefive (5) largest municipalities or of each municipality if thereare fewer than five (5).
(2) If there are fewer than five (5) municipalities, enoughadditional persons appointed by the county executive to bringthe total appointed under this subsection to five (5).
(d) One (1) voting member of the commission shall be appointedby the governor.
(e) At least two-thirds (2/3) of the commission members must beelected officials. All persons appointed to the commission must be:
(1) knowledgeable in matters of physical, social, or economicdevelopment of the region; and
(2) residents of the municipality, county, or region that theyrepresent.
A member of the commission may also serve as a member of a plancommission in the region.
(f) Members of the commission shall serve without salary but maybe reimbursed for expenses incurred in the performance of theirduties.
(g) The respective appointing authorities shall certify theirappointments, and the certification shall be retained as a part of therecords of the commission. (h) If a vacancy occurs by resignation or otherwise, the respectiveappointing authority shall appoint a member for the unexpired term.Members shall be certified annually, and their terms expire onDecember 31 of each year.
As added by Acts 1981, P.L.309, SEC.26. Amended by Acts 1981,P.L.310, SEC.63; P.L.144-1992, SEC.2; P.L.168-1994, SEC.1;P.L.165-2003, SEC.4.
IC 36-7-7-4.1
Repealed
(Repealed by P.L.165-2003, SEC.7.)
IC 36-7-7-5
Officers; meetings; notice; rules; record of proceedings; quorum
Sec. 5. (a) At its first regular meeting in each year the commissionshall elect from its members a chairman, vice chairman, secretary,and a treasurer, not more than two (2) of whom may be from thesame county. If the region is divided into subregions under section10 of this chapter, there must be at least one (1) officer from eachsubregion. The vice chairman may act as chairman during theabsence or disability of the chairman.
(b) The commission shall fix the time and place for holdingregular meetings, but it shall meet at least quarterly and at such othertimes as may be established by the commission or the executiveboard. Special meetings of the commission may be called by thechairman or by five (5) members of the commission upon writtenrequest to the secretary. The secretary shall send to all the membersat least forty-eight (48) hours in advance of a special meeting awritten notice fixing the time and place of the meeting. Writtennotice of a special meeting is not required if the time of the specialmeeting has been fixed in a regular meeting, or if all the members arepresent at the special meeting. Notice of any meeting may be waivedby a member by a written waiver filed with the secretary.
(c) The commission shall adopt rules for the transaction ofbusiness and shall keep a record of its resolutions, transactions,findings, and determinations, which is a public record.
(d) A majority of members constitutes a quorum. An action of thecommission is official, however, only if it is authorized by a majorityof the commission at a regular or properly called special meetingwith at least one (1) member from each county in the region present.
As added by Acts 1981, P.L.309, SEC.26. Amended by Acts 1981,P.L.310, SEC.64.
IC 36-7-7-6
Executive board
Sec. 6. (a) The commission shall elect from among its membersan executive board consisting of:
(1) the four (4) officers of the commission;
(2) one (1) member of the commission from each county in theregion; (3) one (1) additional member of the commission from eachcounty in the region having a population of more than fiftythousand (50,000); and
(4) the nonvoting member of the commission appointed by thegovernor.
All members shall be elected by a vote of the full membership of thecommission.
(b) If a vacancy occurs in the executive board a successor shall beelected from among the members in the same manner as the memberwhose position has been vacated.
(c) The executive board shall conduct the business of thecommission, except for:
(1) the adoption and amendment of bylaws, rules, andprocedures for the operation of the commission;
(2) the election of officers and members of the executive boardas provided in this chapter; and
(3) the adoption of the annual appropriation budget after reviewby the executive board.
(d) The executive board shall meet regularly at least once eachmonth, unless otherwise determined by its members. The executiveboard shall notify the full membership of the commission of all itsmeetings with copies of its preliminary or final agendas and shallreport all its actions and determinations to the full membership of thecommission.
(e) A majority of members constitutes a quorum. An action of theexecutive board is official, however, only if it is authorized by amajority of the board at a regular or properly called special meeting.Any action of the executive board shall be reviewed at the nextregular meeting of the commission following the executive board'saction, and upon the written request of a member of the commission,the action shall be brought to a vote of the full commission.
As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-7
Powers and duties
Sec. 7. (a) The commission shall institute and maintain acomprehensive policy planning and programming and coordinativemanagement process for the region. It shall coordinate its activitieswith all units in the region and shall coordinate the planningprograms of all units and the state. Except when a commissionexercises powers under subsection (j), the commission shall act in anadvisory capacity only.
(b) The commission may provide technical assistance to any unitin the region that requests it. This technical assistance includes theprovision of skills and knowledge for planning, developing,administering, improving, and securing:
(1) public and private grants-in-aid;
(2) cooperative arrangements between governments; and
(3) the performance of governmental powers and duties.
(c) The commission may divide its jurisdiction into subregions
under section 10 of this chapter for purposes appropriate to the study,analysis, or coordination of specific problems or concerns. Thecommission may conduct all necessary studies for theaccomplishment of its duties. It may publicize and advertise itspurposes, objectives, and findings and may distribute reports onthem. It may provide recommendations when requested to theparticipating units and to other public and private agencies in mattersrelative to its functions and objectives and may act when requestedas a coordinating agency for programs and activities of such agenciesas they relate to its objectives. The commission may not implement,enter into an agreement for, or propose a program that includesinterstate wastewater management or disposal.
(d) The commission may adopt by resolution any regionalcomprehensive or functional plan, program, or policy as its officialrecommendation for the development of the region, subject to thepower of a county to exempt itself under section 9 of this chapter.The commission shall make an annual report of its activities to thelegislative bodies of the counties and municipalities in the region.
(e) The commission may receive grants from federal, state, orlocal governmental entities or from individuals or foundations, andmay enter into agreements or contracts regarding the acceptance oruse of those grants and appropriations for the purpose of carrying outany of the activities of the commission. A county or municipalitymay, from time to time upon the request of the commission, assignor detail to the commission any employees to make special surveysor studies requested by the commission.
(f) For the sole purpose of providing adequate public services, thecommission may acquire by grant, gift, purchase, lease, devise, orotherwise and hold, use, improve, maintain, operate, own, manage,or lease (as lessor or lessee) such real or personal property as thecommission considers necessary for that purpose. The commissionmay apply for, receive, and expend grants, loans, or any other formof financial assistance available under any federal grant program.
(g) The commission may enter into coordinative arrangementswith any adjacent county or municipality in Indiana or an adjoiningstate, or with an overlapping multicounty or interstate planning ordevelopment agency, state agency, or federal agency, as areappropriate to the achievement of its objectives or to address acommon issue. However, the commission may not delegate any of itspowers or duties.
(h) The commission may appoint advisory committees to assist inthe achievement of its objectives. Members of advisory committeesare not entitled to compensation for their services but may bereimbursed for expenses incurred in the performance of their duties.
(i) The commission shall act as the designated review agency andas the clearinghouse as described in federal Office of Managementand Budget Circular A-95.
(j) The commission may provide administrative, management, ortechnical services to a unit that requests the services. The unit andthe commission may enter into a contract concerning the
commission's provision of administrative, management, or technicalservices and the cost to the unit for the services.
As added by Acts 1981, P.L.309, SEC.26. Amended by P.L.145-1992,SEC.1.
IC 36-7-7-8
Agreements with other states
Sec. 8. Counties in the region may enter into agreements withother states, but these agreements do not affect other counties,subregions, or the region. One subregion may also contract withother subregions for services or programs.
As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-9
Objections to program; petition
Sec. 9. Whenever the commission receives a petition signed by amajority of the commission members representing a county affectedby a particular program, objecting to the establishment of theprogram within that county, the commission may not implement theprogram in that county.
As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-10
Subregional committees
Sec. 10. (a) A commission may organize into not more than two(2) subregions and provide for the organization of two (2)subregional planning committees, and for meetings and rules ofprocedure of those committees. These rules of procedure shall beadopted as a part of the rules and bylaws of the commission.
(b) The actions of each subregional committee shall be referredto the other for review. The executive director and staff of thecommission shall serve both subregional committees. Eachsubregional committee shall consider problems that do not directlyaffect the other subregion. Each subregional committee may holdmeetings and elect a chairman and secretary from among its ownmembers.
As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-11
Executive director; powers and duties
Sec. 11. (a) The commission shall appoint an executive directorwho shall serve at the pleasure of the commission as reviewed andrecommended by the executive board. The executive director mustbe qualified by training and experience in the management of publicagencies and knowledgeable in planning.
(b) The executive director is the chief administrative officer andregular technical advisor of the commission. Subject to supervisionby the commission, the executive director:
(1) shall execute the commission functions;
(2) shall appoint and remove the staff of the commission; (3) shall submit to the commission annually, or more often ifrequired, a status report on the operation of the agency;
(4) may, with the approval of the executive board, executecontracts, leases, or agreements on behalf of the commissionwith other persons;
(5) is entitled, upon his written request, to be given access by allgovernmental agencies to all studies, reports, surveys, records,and other information and material in their possession that arerequired by him for the accomplishment of the activities andobjectives of the commission;
(6) shall propose annually a budget for the operation of thecommission and administer the budget as approved by thecommission;
(7) shall keep the records and care for and preserve all papersand documents of the commission; and
(8) shall perform other duties and may exercise other powersthat the commission or the executive board delegates to him.
As added by Acts 1981, P.L.309, SEC.26.
IC 36-7-7-12
Annual appropriation budget; tax levy; use of funds
Sec. 12. (a) The commission shall prepare and adopt an annualappropriation budget for its operation, which shall be apportioned toeach participating county on a pro rata per capita basis. Afteradoption, any amount that does not exceed an amount for eachparticipating county equal to thirty cents ($0.30) per capita shall becertified to the respective county auditor who shall advertise theamount and establish the rate in the same manner as other countybudgets. Any amount of the adopted budget that exceeds an amountequal to thirty cents ($0.30) per capita for each participating countyis subject to review by the county fiscal body in the usual manner ofbudget review. The tax so levied and certified shall be estimated andentered upon the tax duplicates by the county auditor and shall becollected and enforced by the county treasurer in the same manner asother county taxes are estimated, entered, collected, and enforced.The tax, as collected by the county treasurer, shall be transferred tothe commission.
(b) In fixing and determining the amount of the necessary levy forthe purpose provided in this section, the commission shall take intoconsideration the amount of revenue, if any, to be derived from thefederal grants, contractual services, and miscellaneous revenuesabove the amount of those revenues considered necessary to beapplied upon or reserved upon the operation, maintenance, andadministrative expenses for working capital throughout the year.
(c) After approval no sums may be expended except as budgetedunless the commission authorizes their expenditure. Before theexpenditure of sums appropriated as provided in this section, a claimmust be filed and processed as other claims for allowance ordisallowance, for payment as provided by law.
(d) Any two (2) of the following officers may allow claims: (1) Chairman.
(2) Vice chairman.
(3) Secretary.
(4) Treasurer.
The treasurer of the commission may receive, disburse, andotherwise handle funds of the commission subject to applicablestatutes and procedures established by the commission.
(e) The commission shall act as a board of finance under thestatutes relating to the deposit of public funds by politicalsubdivisions.
(f) Any appropriated money remaining unexpended orunencumbered at the end of the year becomes part of a nonrevertingcumulative fund to be held in the name of the commission.Unbudgeted expenditures from this fund may be authorized by voteof the commission and upon other approval as required by statute.The commission is responsible for the safekeeping and deposit ofsuch sums, and the state board of accounts shall prescribe themethods and forms for keeping the accounts, records, and books tobe used by the commission. The books, records, and accounts of thecommission shall be periodically audited by the state board ofaccounts, and these audits shall be paid for as provided by statute.
As added by Acts 1981, P.L.309, SEC.26. Amended by P.L.144-1992,SEC.4; P.L.165-2003, SEC.5.
IC 36-7-7-13
Economic development districts; definition; payments by counties;use of funds
Sec. 13. (a) An economic development district is a group ofadjacent counties that:
(1) contains at least two (2) redevelopment counties;
(2) includes an economic development growth center; and
(3) has been officially designated as an economic developmentdistrict by the federal government under Title 42, U.S.C. section3171, on the recommendation of the state.
(b) Counties may make payments to officially designatedeconomic development districts. The board of directors of theeconomic development district shall determine the amount of thepayments, which may be based on the assessed valuation or thepopulation of each county, and the method of making the payments,subject to appropriations by the fiscal bodies of the countiescomprising the economic development district.
(c) The economic development district may receive and expendall sums appropriated or granted to it for purposes and activitiesauthorized by law, and shall deposit these sums in its own name andfollow all accounting, bonding, and auditing procedures required bylaw.
(d) The economic development district is responsible for theadministration, safekeeping, and deposit of any monies appropriatedor granted to it, and may delegate all or part of that responsibility toa designated financial officer. (e) The economic development district may receive grants fromfederal, state, or local governments for the purpose of carrying outany of the planning and development activities of the district.
(f) Any sums appropriated to an economic development districtthat remain uncommitted at the end of the budget year revert on a prorata basis to the general funds of the counties comprising the district.
As added by Acts 1981, P.L.309, SEC.26.