CHAPTER 2. LAW ENFORCEMENT ACADEMY BUILDING COMMISSION

IC 5-2-2
    Chapter 2. Law Enforcement Academy Building Commission

IC 5-2-2-1
Creation; powers
    Sec. 1. There is hereby created as a public body corporate andpolitic a Law Enforcement Academy Building Commission. Saidcommission shall have power to sue and be sued, plead and beimpleaded, adopt and have a corporate seal, make rules and by-lawsfor the management and regulation of its affairs, and to do all thingsnecessary or convenient to carry out the powers given in this chapter.
(Formerly: Acts 1971, P.L.43, SEC.1.)

IC 5-2-2-2
Membership
    Sec. 2. The commission shall consist of six (6) membersappointed by the governor. Such appointments shall be made by May7, 1971, and shall be made on a bipartisan basis so that not more thanone-half (1/2) of the members of the commission shall at any time bemembers of either of the two (2) major political parties. In the firstinstance, two (2) members shall be appointed for a term of two (2)years, two (2) for three (3) years, and two (2) for four (4) years, andthe members of said commission shall be appointed for a term of four(4) years, excepting when appointed to fill a vacancy, in which casesuch appointment shall be only for such unexpired term. Allmembers of said commission shall serve as such until theirsuccessors are duly appointed and qualified and shall be subject toremoval only for good cause.
(Formerly: Acts 1971, P.L.43, SEC.1.) As amended by P.L.25-1986,SEC.8.

IC 5-2-2-3
Meetings; officers and employees
    Sec. 3. The commission shall meet immediately after itsappointment in accordance with section 2 of this chapter. It shallelect a chairman, vice chairman, and secretary-treasurer and isauthorized to employ an executive director who shall be theexecutive head and shall be responsible to the commission incarrying out the instructions of the commission as it fulfills theassigned statutory duties. The commission shall be empowered toemploy all other necessary assistants, counsel, and consultants tocarry out the provisions of this chapter. The commission shall meetat least once each year and shall hold upon the call of the chairman,or a majority of the members, such special meetings as are necessary.The presence of four (4) members shall constitute a quorum fordoing business. At least four affirmative votes shall be required forthe passage of any matter put to vote of the commission.
(Formerly: Acts 1971, P.L.43, SEC.1.) As amended by Acts 1979,P.L.32, SEC.1.
IC 5-2-2-4
Compensation
    Sec. 4. Members of the commission shall be allowed and paid perdiem and travel expenses incurred in connection with the affairs ofthe commission but shall receive no further or additionalcompensation. Membership on the commission shall not constituteholding of a public office.
(Formerly: Acts 1971, P.L.43, SEC.1; Acts 1973, P.L.31, SEC.1.)

IC 5-2-2-5
Site acquisition or selection
    Sec. 5. The commission is hereby authorized to acquire or selecta site located in the State of Indiana and construct and erect thereona building or buildings to be used by the Law Enforcement TrainingBoard created by IC 1971, 5-2-1, for a Law Enforcement Academy.The site so selected may be on land already owned by the state, or ifno such site is deemed by the commission suitable or available, thecommission may acquire a site either by purchase, gift orcondemnation as hereinafter provided. If a site of land already ownedby the state is selected, the commission shall have authority, ifnecessary, to clear and prepare such site for the construction anderection thereon of such building or buildings. In addition toconstructing such building or buildings, the commission shall alsoinstall therein any and all equipment, appurtenances andparaphernalia which may be necessary to constitute a fully equippedand modern law enforcement academy. If found necessary, thecommission shall also improve, landscape, embellish and beautifysuch grounds, and lay out and install such walks, drives, fences andother necessary appurtenances as may be deemed essential toproduce an integrated and artistic setting. Except as herein otherwiseprovided, the location and area of the lands acquired and thecharacter of the buildings, structures, embellishments,ornamentation, equipment and other appurtenances therein or thereonshall be determined by the commission.
(Formerly: Acts 1971, P.L.43, SEC.1.)

IC 5-2-2-6
Eminent domain
    Sec. 6. The law enforcement academy building commission ishereby endowed with the right and power of eminent domain insofaras such right or power may be necessary or proper to carry out theprovisions of section 5 of this chapter. If the commission shall beunable to agree with the owner of the land or right or with theguardian of such owner as to the damages sustained by such owneror as to the purchase price of the land or right, the commission mayproceed in the name of the state of Indiana in the exercise of the rightof eminent domain, with which it is under this chapter endowed, tocondemn the land or right necessary or proper to carry out theprovisions of this chapter under the laws of this state. Whenever thecommission shall deem it necessary to acquire any real estate or right

for any purpose contemplated in this chapter, it may adopt anappropriate resolution setting forth the description of the real estateor right sought to be acquired by it, the purpose for which the realestate is to be used, and such other facts as the commission maydeem necessary or pertinent, and shall refer such resolution to theattorney general. Thereupon the attorney general shall commence anaction in the name of the state of Indiana in the circuit or superiorcourt of the county in which such real estate or right described insuch resolution is situated and shall take all necessary and propersteps to secure the condemnation of such real estate or right. Anyemployee of the commission engaged in the execution of any surveyauthorized by the commission may enter any lands or waters withinthis state for the purpose of inspecting, leveling, or doing any otherwork deemed necessary to carry out any of the provisions of thischapter; provided, however, that by such entry and in doing suchwork no injury is done to the real estate or waters entered upon andthat no damages result from such entry or work.
(Formerly: Acts 1971, P.L.43, SEC.1.) As amended by P.L.25-1986,SEC.9.

IC 5-2-2-7
Design adoption
    Sec. 7. The commission shall procure and adopt a design for theerection and construction of such building or buildings. For thepurpose of securing designs, the commission shall employ anarchitect of known skill and ability in his profession as its architect.
(Formerly: Acts 1971, P.L.43, SEC.1.)

IC 5-2-2-8
Competitive bids
    Sec. 8. Upon completion by the architect, or architects, and theapproval by the commission of these plans and specifications, thecommission shall at one time or from time to time advertise for andreceive competitive bids for the construction and equipment of thebuilding or buildings. Upon receipt of such bids, the commissionshall then proceed to award a contract, or contracts, to the lowest andbest bidder, or bidders. The procedure for advertising, receiving bids,and awarding contracts shall conform to all state laws applicablethereto.
(Formerly: Acts 1971, P.L.43, SEC.1.)

IC 5-2-2-9
Donations and gifts; authority to receive
    Sec. 9. The commission is hereby authorized to receive donations,gifts, devises and bequests and to use the same for the purpose ofcarrying out the provisions of this chapter.
(Formerly: Acts 1971, P.L.43, SEC.1.)

IC 5-2-2-10
Title to real estate    Sec. 10. The title to all real estate donated, given, devised orbequeathed to all real estate purchased or otherwise acquired by thecommission shall be good and sufficient, shall be approved by theattorney general, and shall be taken in the name of the State ofIndiana.
(Formerly: Acts 1971, P.L.43, SEC.1.)

IC 5-2-2-11
Conflict of interest
    Sec. 11. A member of the commission, the architect, or any otherperson employed by the commission who knowingly is interested in,or knowingly derives any profit from, any contract, employment, orpurchase connected with the building or buildings, or with any actionof the commission, commits a Class D felony. A member of thecommission, the architect, or any person employed by thecommission who knowingly is interested in any claim against thecommission or the state growing out of the construction of thebuilding or buildings, other than for compensation for services ortheir expenses as provided in this chapter, commits a Class D felony.
(Formerly: Acts 1971, P.L.43, SEC.1.) As amended by Acts 1978,P.L.2, SEC.502.

IC 5-2-2-12
Contracts; form; publication
    Sec. 12. The commission shall not enter into any contract for thepurchase or sale of any material or supplies or for the performanceof any work or labor other than the salaries of employees, when suchmaterial, supplies, work or labor costs are more than ten thousanddollars ($10,000), without first giving notice of its intention topurchase or sell such material or supplies, or to contract for suchwork or labor, by publication in some newspaper of generalcirculation printed and published in the City of Indianapolis, for two(2) successive weeks prior to the time fixed for the letting of anysuch contract or the purchase or sale of such material or supplies. Allsuch contracts shall be in writing and the other contracting partyshall be required to furnish bond for the faithful performance of theterms of such contract, in such amount as may be fixed by thecommission and with surety to its approval, and conditioned upon thefaithful performance of such contract.
(Formerly: Acts 1971, P.L.43, SEC.1.)

IC 5-2-2-13
Repealed
    (Repealed by P.L.4-1988, SEC.5.)

IC 5-2-2-14
Revenue debentures; sale
    Sec. 14. (a) For the purpose of providing funds to carry out theprovisions of this chapter with respect to the construction andequipment of a building or buildings for use as a law enforcement

academy and acquiring or providing a site therefor, the commissionis authorized pursuant to resolution or resolutions to issue and sellinterest bearing law enforcement academy revenue debentures in anyamount not to exceed three million two hundred thousand dollars($3,200,000) and bearing such date or dates, and maturing at suchtime or times not exceeding forty (40) years from their respectivedates, bearing interest at such rate or rates payable semiannually, insuch form, carrying such registration privileges payable at such placeor places, and may be made subject to redemption prior to maturityin such manner, at such time, and upon such terms with or withoutpremium, all as may be provided by the pertinent resolution andexpressed on the face of the respective debentures. Such debenturesshall be signed by the chairman of the commission, attested by thesecretary, and with the seal of said commission affixed, provided,that the signature of the chairman may be a facsimile thereofimprinted thereon. Interest on said debentures when issued shall beevidenced by attached interest coupons bearing the facsimile of thesignatures of said chairman and secretary. Such debentures and theinterest coupons thereto attached when issued shall have all thequalities of negotiable instruments under the law merchant and shallbe incontestable in the hands of a bona fide purchaser or holderthereof for value, and such debentures and interest thereon shall beexempt from all taxation except the financial institutions tax andestate, inheritance, or gift taxes imposed by law. Such debenturesshall be sold at public sale in accordance with the provisions ofIC 21-32-3. In determining the amount of such debentures to beissued and sold there may be included the cost of construction, thecost of all land and clearings thereof and improvements thereto,including walks, drives, and other appurtenances, material and laborwhich are deemed necessary, cost of equipment, financing charges,interest accruing on the debentures prior to and during theconstruction period, and all other expenses, including legal fees,engineers' and architects' fees, and all other expenses necessary orincident to the construction and equipment of the building orbuildings and the acquisition and providing a site therefor. Theproceeds of such debentures are hereby appropriated for the purposefor which the debentures may be issued under this chapter and suchproceeds shall be deposited and disbursed in accordance with suchprovisions and restrictions as the commission may provide in theresolution authorizing the issuance thereof. Any debentures issuedunder the provisions of this chapter may be thereafter refinancedthrough the issuance of refunding debentures subject to suchrestrictions or conditions as may be provided in the resolutionauthorizing the issuance of such debentures in the first instance andin the issuance of such refunding debentures, the maturities and otherdetails thereof, the rights of the holders thereof, and the rights,duties, and obligations of the commission in all respects thereto shallbe governed by the provisions of this chapter insofar as the same maybe applicable.
    (b) The debentures issued under the provisions of this chapter

shall constitute only the corporate obligations of said commissionpayable solely and only from and secured exclusively by pledge ofthe income and revenue of such building or buildings remaining afterpayment or provisions for payment of the expenses of operation,maintenance, and repair of said building or buildings to the extentsuch expenses of operation, maintenance, and repair are nototherwise provided, and it shall be plainly stated on the face of eachsuch debenture that same does not constitute an indebtedness of thestate of Indiana within the meaning or application of anyconstitutional provision or limitation but that it is payable solely andonly as to both principal and interest from the net revenues of suchbuilding or buildings. The provisions of this chapter and thecovenants and undertakings of the commission as expressed in anyproceedings preliminary to or in connection with the issuance of thedebentures may be enforced by any debenture holder by suit forinjunction or mandamus against the commission or any officer,agent, or employee thereof, but in no event can any suit for monetaryjudgement be brought against the state of Indiana for any violationsunder the provisions of this chapter.
(Formerly: Acts 1971, P.L.43, SEC.1.) As amended by P.L.25-1986,SEC.11; P.L.21-1990, SEC.7; P.L.2-2007, SEC.75.

IC 5-2-2-15
Construction of buildings; occupancy
    Sec. 15. When any such debentures shall have been issued, thecommission shall proceed with the construction and equipment of thebuilding or buildings as promptly as may be, and from and after thedate of completion of such building or buildings it shall be availablefor use and occupancy by the Law Enforcement Training Board. Itis hereby represented that the State of Indiana will have a continuingneed for use and occupancy of the facilities to be afforded by saidbuilding or buildings. The commission and the Law EnforcementTraining Board shall enter into appropriate agreements setting forththe terms and conditions of such use and occupancy and the sumsagreed to be paid at stated intervals for such use and occupancy. TheLaw Enforcement Training Board shall not be obligated to continuesuch use and occupancy and make payments therefor pursuant to anysuch agreement but shall be entitled and required to vacate thebuilding or buildings if it is shown that the terms and conditions ofsuch use and occupancy and the amount to be paid therefor is unjustand unreasonable considering the value of the services and facilitiesthereby afforded: Provided, that in determining just and reasonableamounts to be paid for the use and occupancy of the building orbuildings, the commission shall be required to impose and collectamounts which in the aggregate will be sufficient to pay the expensesof operation, maintenance and repair of said building or buildings tothe extent that such expenses are not otherwise provided and leavea balance of net income and revenues from the building or buildingsto pay the interest on the debentures as the same become due andaccomplish retirement thereof at or before maturity.(Formerly: Acts 1971, P.L.43, SEC.1.)

IC 5-2-2-16
Compensation for employees and agents
    Sec. 16. The compensation of all employees and agents of thecommission shall be affixed by the Law Enforcement AcademyBuilding Commission and approved by the Governor.
(Formerly: Acts 1971, P.L.43, SEC.1.)