IC 20-26-4
Chapter 4. Organization and Operation of Governing Body
IC 20-26-4-1 Organization; treasurer; duties; electronic funds transfer;
executive secretary
Sec. 1. (a) As used in this section, "electronic funds transfer"
means a transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, that is initiated through an
electronic terminal, telephone, or computer or magnetic tape to order,
instruct, or authorize a financial institution to debit or credit an
account.
(b) The governing body of each school corporation shall organize
by electing:
(1) a president;
(2) a vice president; and
(3) a secretary;
each of whom is a different member, not more than fifteen (15) days
after the commencement date of the members' terms of office, as
provided in section 4 of this chapter.
(c) A governing body shall, at the time that officers are elected
under subsection (b), appoint a treasurer of the governing body and
of the school corporation who is a person, other than the
superintendent of schools, who is not a member of the governing
body. The treasurer may, with the approval of the governing body,
appoint a deputy who must be a person, other than the superintendent
of schools, who is not a member of the governing body and who has
the same powers and duties as the treasurer, or lesser duties as
provided by the governing body by rule.
(d) The treasurer is the official custodian of all funds of the school
corporation and is responsible for the proper safeguarding and
accounting for the funds. The treasurer shall:
(1) issue a receipt for money received by the treasurer;
(2) deposit money described in subdivision (1) in accordance
with the laws governing the deposit of public funds; and
(3) issue all warrants in payment of expenses lawfully incurred
on behalf of the school corporation. However, except as
otherwise provided by law, warrants described in this
subdivision must be issued only after proper allowance or
approval by the governing body. The governing body may not
require an allowance or approval for amounts lawfully due in
payment of indebtedness or payments due the state, the United
States government, or agencies and instrumentalities of the state
or the United States government.
A verification, other than a properly itemized invoice, may not be
required for any claim of one hundred dollars ($100) or less. A claim
that exceeds one hundred dollars ($100) is sufficient as to form if the
bill or statement for the claim has printed or stamped on the face of
the bill or statement a verification of the bill or statement in language
approved by the state board of accounts.
(e) Notwithstanding subsection (d), a treasurer may transact
school corporation financial business with a financial institution or
a public retirement fund through the use of electronic funds transfer.
The treasurer must provide adequate documentation to the governing
body of transfers made under this subsection. This subsection applies
only to agreements for joint investment of money under IC 5-13-9
and to payments to:
(1) the Indiana state teachers' retirement fund; or
(2) the public employees' retirement fund;
from participating employers.
(f) A treasurer is not personally liable for an act or omission
occurring in connection with the performance of the duties set forth
in this section, unless the act or omission constitutes gross
negligence or an intentional disregard of the treasurer's duties.
(g) A governing body may establish the position of executive
secretary to the governing body. The executive secretary:
(1) must be an employee of the school corporation;
(2) may not be a member of the governing body; and
(3) must be appointed by the governing body upon the
recommendation of the superintendent of the school
corporation.
The governing body shall determine the duties of the executive
secretary, which may include all or part of the duties of the secretary
of the board. As added by P.L.1-2005, SEC.10.
IC 20-26-4-2 Oath of members
Sec. 2. A person elected or selected to be a member of a
governing body shall take the following oath before taking office:
"I solemnly swear (or affirm) that I will support the
Constitution of the United States of America, the Constitution
of the State of Indiana, and the laws of the United States and the
State of Indiana. I will faithfully execute the duties of my office
as a member of this governing body, so help me God."
However, the governing body may provide for additional provisions
to the oath that the governing body considers appropriate for the
office. As added by P.L.1-2005, SEC.10.
IC 20-26-4-3 Regular, statutory, and special meetings
Sec. 3. (a) Regular meetings must be held by each governing body
at a time and place established by resolution of the board or may be
incorporated in the rules provided in IC 20-26-5-4. A notice need not
be given a member for holding or taking any action at a regular
meeting.
(b) If a meeting is held according to a procedure set forth by
statute or rule and if publication of notice of the meeting is required,
notice of the meeting is not required and need not be given a member
for holding or taking any action at the meeting contemplated by the
notice. The meeting must be held at the time and place specified in
the published notice.
(c) Special meetings of a governing body must be held on call by
the governing body's president or by the superintendent of the school
corporation. The call must be evidenced by a written notice
specifying the date, time, and place of the meeting, delivered to each
member personally or sent by mail or telegram so that each member
has at least seventy-two (72) hours notice of the special meeting.
Special meetings must be held at the regular meeting place of the
board.
(d) All meetings of a governing body must be open to the public
to the extent required by IC 5-14-1.5. The governing body shall
comply with IC 5-14-1.5.
(e) If notice of a meeting is required and each member of a
governing body has waived notice of the meeting, as provided in this
subsection, notice of the meeting is not necessary. Waiver of notice
of a meeting by a member consists of the following:
(1) The member's presence at the meeting.
(2) The member's execution of a written notice waiving the
date, time, and place of the meeting, executed either before or
after the meeting. However, if notice is executed after the
meeting, the waiver must also state in general terms the purpose
of the meeting. If a waiver specifies that the waiver was
executed before the meeting, third persons are entitled to rely
on the statement.
(f) At a meeting of the governing body, a majority of the members
constitutes a quorum. Action may not be taken unless a quorum is
present. Except where a larger vote is required by statute or rule with
respect to any matter, a majority of the members present may adopt
a resolution or take any action.
(g) All meetings of the governing body for the conduct of business
must be held within the school corporation, except as follows:
(1) Meetings may be held at the administrative offices of the
school corporation if the offices are outside the geographic
limits of the school corporation but are within a county where
all or a part of the school corporation is located.
(2) Meetings may be held at a place where the statute or rule
according to which a statutory meeting is held permits meeting
outside the school corporation, as may occur when the meeting
is held jointly with another governing body. As added by P.L.1-2005, SEC.10.
IC 20-26-4-4 Commencement and termination of terms of office; vacancies
Sec. 4. (a) This section does not apply to a school city of the first
class or to a school corporation succeeding to all or the major part in
area of a school city of the first class.
(b) The commencement and termination of terms of members of
a governing body are as follows:
(1) Except as provided in subdivision (2), the governing body
of each school corporation shall determine whether the term of
office for the governing body's members extends from January
1 to December 31 or from July 1 to June 30. A governing body
that makes a change in the commencement date of the
governing body's members' terms shall report the change to the
state board before August 1 preceding the year in which the
change takes place. An ex officio member of a governing body
shall take office at the time the ex officio member takes the oath
of the office by virtue of which the ex officio member is
entitled to become an ex officio member.
(2) In a county having a population of more than four hundred
thousand (400,000), the terms of office for the members of a
governing body, whether elected or appointed, commence on
July 1 of the year in which the members are to take office under
the plan, resolution, or law under which the school corporation
is established, and terminate on the June 30 of the final year of
the term for which the members are to serve under the plan,
resolution, or law.
(c) If a vacancy in the membership of a governing body occurs for
any reason (including the failure of a sufficient number of petitions
for candidates for governing body membership being filed for an
election and whether the vacancy was of an elected or appointed
member), the remaining members of the governing body shall by
majority vote fill the vacancy by appointing a person from within the
boundaries of the school corporation, with the residence and other
qualifications provided for a regularly elected or appointed board
member filling the membership, to serve for the term or the balance
of the term. However, this subsection does not apply to a vacancy:
(1) of a member who serves on a governing body in an ex
officio capacity; or
(2) a vacancy in an appointed board membership if a plan,
resolution, or law under which the school corporation operates
specifically provides for filling vacancies by the appointing
authority. As added by P.L.1-2005, SEC.10.
IC 20-26-4-4.5 School board vacancy because of member's death
Sec. 4.5. (a) This section applies to a school corporation subject
to section 4 of this chapter.
(b) The definitions in IC 3-5-2 apply to this section.
(c) If a vacancy in a school board office exists because of the
death of a school board member, the remaining members of the
governing body shall meet and select an individual to fill the vacancy
after the secretary of the governing body receives notice of the death
under IC 5-8-6 and in accordance with section 4 of this chapter. As added by P.L.119-2005, SEC.33.
IC 20-26-4-5 Treasurer's bond
Sec. 5. For each school year commencing July 1, the treasurer of
each governing body and the governing body's school corporation
and a deputy treasurer, if so appointed, shall give a bond for the
faithful performance of the treasurer's and deputy treasurer's duties
written by an insurance company licensed to do business in Indiana,
in an amount determined by the governing body. The treasurer shall
be responsible under the treasurer's bond for the acts of a deputy
treasurer appointed as provided in section 1 of this chapter. As added by P.L.1-2005, SEC.10.
IC 20-26-4-6 Bids for purchase of supplies or equipment
Sec. 6. (a) The governing body of any school corporation may
designate a committee of at least two (2) of the governing body's
members, or a committee of not less than two (2) employees of the
school corporation, to open and tabulate bids:
(1) in connection with the purchase of supplies, material, or
equipment;
(2) for the construction or alteration of a building or facility; or
(3) for any similar purpose.
(b) Bids described in subsection (a):
(1) may be opened by the committee at the time and place fixed
by the advertisement for bids;
(2) must be read aloud and tabulated publicly, to the extent
required by law for governing bodies; and
(3) must be available for inspection.
(c) The bids described in subsection (a) must be reported to and
the tabulation entered upon the records of the governing body at the
governing body's next meeting following the bid opening.
(d) A bid described in subsection (a) may not be accepted or
rejected by the committee, but the bid must be accepted or rejected
solely by the governing body in a board meeting open to the public
as provided in section 3 of this chapter. As added by P.L.1-2005, SEC.10.
IC 20-26-4-7 Compensation of governing body members
Sec. 7. (a) Except as provided in IC 20-25-3-3, the governing body
of a school corporation by resolution has the power to pay each
member of the governing body a reasonable amount for service as a
member, not to exceed:
(1) two thousand dollars ($2,000) per year; and
(2) a per diem not to exceed the rate approved for members of
the board of school commissioners under IC 20-25-3-3(d).
(b) If the members of the governing body are totally comprised of
appointed members, the appointive authority under IC 20-23-4-28(e)
shall approve the per diem rate allowable under subsection (a)(2)
before the governing body may make the payments.
(c) To make a valid approval under subsection (b), the appointive
authority must approve the per diem rate with the same endorsement
required under IC 20-23-4-28(f) to make the appointment of the
member. As added by P.L.1-2005, SEC.10.
IC 20-26-4-8 Approval of contracts
Sec. 8. Notwithstanding any other law, the president and secretary
of the governing body of a school corporation are entitled, on behalf
of the school corporation, to sign any contract, including
employment contracts and contracts for goods and services.
However, each contract must be approved by a majority of all
members of the governing body. In the absence of either the
president or secretary of the governing body, the vice president is
entitled to sign the contracts with the officer who is present. As added by P.L.1-2005, SEC.10.
IC 20-26-4-9 Disqualification on basis of age prohibited
Sec. 9. An individual who is at least twenty-one (21) years of age
and is otherwise eligible to assume office as a member of a
governing body may not be disqualified on the basis of age. As added by P.L.1-2005, SEC.10.
IC 20-26-4-10 Property ownership not qualification
Sec. 10. Property ownership is not a qualification for serving as
a member of a governing body. As added by P.L.1-2005, SEC.10.
IC 20-26-4-11 Ineligibility of teachers and noncertificated employees
Sec. 11. In addition to any other eligibility requirements for
members of the governing body of a school corporation as set forth
in law, an individual who is employed as a teacher or as a
noncertificated employee (as defined in IC 20-29-2-11) of the school
corporation may not be a member of the governing body of the
school corporation. As added by P.L.1-2005, SEC.10.
IC 20-26-4
Chapter 4. Organization and Operation of Governing Body
IC 20-26-4-1 Organization; treasurer; duties; electronic funds transfer;
executive secretary
Sec. 1. (a) As used in this section, "electronic funds transfer"
means a transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, that is initiated through an
electronic terminal, telephone, or computer or magnetic tape to order,
instruct, or authorize a financial institution to debit or credit an
account.
(b) The governing body of each school corporation shall organize
by electing:
(1) a president;
(2) a vice president; and
(3) a secretary;
each of whom is a different member, not more than fifteen (15) days
after the commencement date of the members' terms of office, as
provided in section 4 of this chapter.
(c) A governing body shall, at the time that officers are elected
under subsection (b), appoint a treasurer of the governing body and
of the school corporation who is a person, other than the
superintendent of schools, who is not a member of the governing
body. The treasurer may, with the approval of the governing body,
appoint a deputy who must be a person, other than the superintendent
of schools, who is not a member of the governing body and who has
the same powers and duties as the treasurer, or lesser duties as
provided by the governing body by rule.
(d) The treasurer is the official custodian of all funds of the school
corporation and is responsible for the proper safeguarding and
accounting for the funds. The treasurer shall:
(1) issue a receipt for money received by the treasurer;
(2) deposit money described in subdivision (1) in accordance
with the laws governing the deposit of public funds; and
(3) issue all warrants in payment of expenses lawfully incurred
on behalf of the school corporation. However, except as
otherwise provided by law, warrants described in this
subdivision must be issued only after proper allowance or
approval by the governing body. The governing body may not
require an allowance or approval for amounts lawfully due in
payment of indebtedness or payments due the state, the United
States government, or agencies and instrumentalities of the state
or the United States government.
A verification, other than a properly itemized invoice, may not be
required for any claim of one hundred dollars ($100) or less. A claim
that exceeds one hundred dollars ($100) is sufficient as to form if the
bill or statement for the claim has printed or stamped on the face of
the bill or statement a verification of the bill or statement in language
approved by the state board of accounts.
(e) Notwithstanding subsection (d), a treasurer may transact
school corporation financial business with a financial institution or
a public retirement fund through the use of electronic funds transfer.
The treasurer must provide adequate documentation to the governing
body of transfers made under this subsection. This subsection applies
only to agreements for joint investment of money under IC 5-13-9
and to payments to:
(1) the Indiana state teachers' retirement fund; or
(2) the public employees' retirement fund;
from participating employers.
(f) A treasurer is not personally liable for an act or omission
occurring in connection with the performance of the duties set forth
in this section, unless the act or omission constitutes gross
negligence or an intentional disregard of the treasurer's duties.
(g) A governing body may establish the position of executive
secretary to the governing body. The executive secretary:
(1) must be an employee of the school corporation;
(2) may not be a member of the governing body; and
(3) must be appointed by the governing body upon the
recommendation of the superintendent of the school
corporation.
The governing body shall determine the duties of the executive
secretary, which may include all or part of the duties of the secretary
of the board. As added by P.L.1-2005, SEC.10.
IC 20-26-4-2 Oath of members
Sec. 2. A person elected or selected to be a member of a
governing body shall take the following oath before taking office:
"I solemnly swear (or affirm) that I will support the
Constitution of the United States of America, the Constitution
of the State of Indiana, and the laws of the United States and the
State of Indiana. I will faithfully execute the duties of my office
as a member of this governing body, so help me God."
However, the governing body may provide for additional provisions
to the oath that the governing body considers appropriate for the
office. As added by P.L.1-2005, SEC.10.
IC 20-26-4-3 Regular, statutory, and special meetings
Sec. 3. (a) Regular meetings must be held by each governing body
at a time and place established by resolution of the board or may be
incorporated in the rules provided in IC 20-26-5-4. A notice need not
be given a member for holding or taking any action at a regular
meeting.
(b) If a meeting is held according to a procedure set forth by
statute or rule and if publication of notice of the meeting is required,
notice of the meeting is not required and need not be given a member
for holding or taking any action at the meeting contemplated by the
notice. The meeting must be held at the time and place specified in
the published notice.
(c) Special meetings of a governing body must be held on call by
the governing body's president or by the superintendent of the school
corporation. The call must be evidenced by a written notice
specifying the date, time, and place of the meeting, delivered to each
member personally or sent by mail or telegram so that each member
has at least seventy-two (72) hours notice of the special meeting.
Special meetings must be held at the regular meeting place of the
board.
(d) All meetings of a governing body must be open to the public
to the extent required by IC 5-14-1.5. The governing body shall
comply with IC 5-14-1.5.
(e) If notice of a meeting is required and each member of a
governing body has waived notice of the meeting, as provided in this
subsection, notice of the meeting is not necessary. Waiver of notice
of a meeting by a member consists of the following:
(1) The member's presence at the meeting.
(2) The member's execution of a written notice waiving the
date, time, and place of the meeting, executed either before or
after the meeting. However, if notice is executed after the
meeting, the waiver must also state in general terms the purpose
of the meeting. If a waiver specifies that the waiver was
executed before the meeting, third persons are entitled to rely
on the statement.
(f) At a meeting of the governing body, a majority of the members
constitutes a quorum. Action may not be taken unless a quorum is
present. Except where a larger vote is required by statute or rule with
respect to any matter, a majority of the members present may adopt
a resolution or take any action.
(g) All meetings of the governing body for the conduct of business
must be held within the school corporation, except as follows:
(1) Meetings may be held at the administrative offices of the
school corporation if the offices are outside the geographic
limits of the school corporation but are within a county where
all or a part of the school corporation is located.
(2) Meetings may be held at a place where the statute or rule
according to which a statutory meeting is held permits meeting
outside the school corporation, as may occur when the meeting
is held jointly with another governing body. As added by P.L.1-2005, SEC.10.
IC 20-26-4-4 Commencement and termination of terms of office; vacancies
Sec. 4. (a) This section does not apply to a school city of the first
class or to a school corporation succeeding to all or the major part in
area of a school city of the first class.
(b) The commencement and termination of terms of members of
a governing body are as follows:
(1) Except as provided in subdivision (2), the governing body
of each school corporation shall determine whether the term of
office for the governing body's members extends from January
1 to December 31 or from July 1 to June 30. A governing body
that makes a change in the commencement date of the
governing body's members' terms shall report the change to the
state board before August 1 preceding the year in which the
change takes place. An ex officio member of a governing body
shall take office at the time the ex officio member takes the oath
of the office by virtue of which the ex officio member is
entitled to become an ex officio member.
(2) In a county having a population of more than four hundred
thousand (400,000), the terms of office for the members of a
governing body, whether elected or appointed, commence on
July 1 of the year in which the members are to take office under
the plan, resolution, or law under which the school corporation
is established, and terminate on the June 30 of the final year of
the term for which the members are to serve under the plan,
resolution, or law.
(c) If a vacancy in the membership of a governing body occurs for
any reason (including the failure of a sufficient number of petitions
for candidates for governing body membership being filed for an
election and whether the vacancy was of an elected or appointed
member), the remaining members of the governing body shall by
majority vote fill the vacancy by appointing a person from within the
boundaries of the school corporation, with the residence and other
qualifications provided for a regularly elected or appointed board
member filling the membership, to serve for the term or the balance
of the term. However, this subsection does not apply to a vacancy:
(1) of a member who serves on a governing body in an ex
officio capacity; or
(2) a vacancy in an appointed board membership if a plan,
resolution, or law under which the school corporation operates
specifically provides for filling vacancies by the appointing
authority. As added by P.L.1-2005, SEC.10.
IC 20-26-4-4.5 School board vacancy because of member's death
Sec. 4.5. (a) This section applies to a school corporation subject
to section 4 of this chapter.
(b) The definitions in IC 3-5-2 apply to this section.
(c) If a vacancy in a school board office exists because of the
death of a school board member, the remaining members of the
governing body shall meet and select an individual to fill the vacancy
after the secretary of the governing body receives notice of the death
under IC 5-8-6 and in accordance with section 4 of this chapter. As added by P.L.119-2005, SEC.33.
IC 20-26-4-5 Treasurer's bond
Sec. 5. For each school year commencing July 1, the treasurer of
each governing body and the governing body's school corporation
and a deputy treasurer, if so appointed, shall give a bond for the
faithful performance of the treasurer's and deputy treasurer's duties
written by an insurance company licensed to do business in Indiana,
in an amount determined by the governing body. The treasurer shall
be responsible under the treasurer's bond for the acts of a deputy
treasurer appointed as provided in section 1 of this chapter. As added by P.L.1-2005, SEC.10.
IC 20-26-4-6 Bids for purchase of supplies or equipment
Sec. 6. (a) The governing body of any school corporation may
designate a committee of at least two (2) of the governing body's
members, or a committee of not less than two (2) employees of the
school corporation, to open and tabulate bids:
(1) in connection with the purchase of supplies, material, or
equipment;
(2) for the construction or alteration of a building or facility; or
(3) for any similar purpose.
(b) Bids described in subsection (a):
(1) may be opened by the committee at the time and place fixed
by the advertisement for bids;
(2) must be read aloud and tabulated publicly, to the extent
required by law for governing bodies; and
(3) must be available for inspection.
(c) The bids described in subsection (a) must be reported to and
the tabulation entered upon the records of the governing body at the
governing body's next meeting following the bid opening.
(d) A bid described in subsection (a) may not be accepted or
rejected by the committee, but the bid must be accepted or rejected
solely by the governing body in a board meeting open to the public
as provided in section 3 of this chapter. As added by P.L.1-2005, SEC.10.
IC 20-26-4-7 Compensation of governing body members
Sec. 7. (a) Except as provided in IC 20-25-3-3, the governing body
of a school corporation by resolution has the power to pay each
member of the governing body a reasonable amount for service as a
member, not to exceed:
(1) two thousand dollars ($2,000) per year; and
(2) a per diem not to exceed the rate approved for members of
the board of school commissioners under IC 20-25-3-3(d).
(b) If the members of the governing body are totally comprised of
appointed members, the appointive authority under IC 20-23-4-28(e)
shall approve the per diem rate allowable under subsection (a)(2)
before the governing body may make the payments.
(c) To make a valid approval under subsection (b), the appointive
authority must approve the per diem rate with the same endorsement
required under IC 20-23-4-28(f) to make the appointment of the
member. As added by P.L.1-2005, SEC.10.
IC 20-26-4-8 Approval of contracts
Sec. 8. Notwithstanding any other law, the president and secretary
of the governing body of a school corporation are entitled, on behalf
of the school corporation, to sign any contract, including
employment contracts and contracts for goods and services.
However, each contract must be approved by a majority of all
members of the governing body. In the absence of either the
president or secretary of the governing body, the vice president is
entitled to sign the contracts with the officer who is present. As added by P.L.1-2005, SEC.10.
IC 20-26-4-9 Disqualification on basis of age prohibited
Sec. 9. An individual who is at least twenty-one (21) years of age
and is otherwise eligible to assume office as a member of a
governing body may not be disqualified on the basis of age. As added by P.L.1-2005, SEC.10.
IC 20-26-4-10 Property ownership not qualification
Sec. 10. Property ownership is not a qualification for serving as
a member of a governing body. As added by P.L.1-2005, SEC.10.
IC 20-26-4-11 Ineligibility of teachers and noncertificated employees
Sec. 11. In addition to any other eligibility requirements for
members of the governing body of a school corporation as set forth
in law, an individual who is employed as a teacher or as a
noncertificated employee (as defined in IC 20-29-2-11) of the school
corporation may not be a member of the governing body of the
school corporation. As added by P.L.1-2005, SEC.10.
IC 20-26-4
Chapter 4. Organization and Operation of Governing Body
IC 20-26-4-1 Organization; treasurer; duties; electronic funds transfer;
executive secretary
Sec. 1. (a) As used in this section, "electronic funds transfer"
means a transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, that is initiated through an
electronic terminal, telephone, or computer or magnetic tape to order,
instruct, or authorize a financial institution to debit or credit an
account.
(b) The governing body of each school corporation shall organize
by electing:
(1) a president;
(2) a vice president; and
(3) a secretary;
each of whom is a different member, not more than fifteen (15) days
after the commencement date of the members' terms of office, as
provided in section 4 of this chapter.
(c) A governing body shall, at the time that officers are elected
under subsection (b), appoint a treasurer of the governing body and
of the school corporation who is a person, other than the
superintendent of schools, who is not a member of the governing
body. The treasurer may, with the approval of the governing body,
appoint a deputy who must be a person, other than the superintendent
of schools, who is not a member of the governing body and who has
the same powers and duties as the treasurer, or lesser duties as
provided by the governing body by rule.
(d) The treasurer is the official custodian of all funds of the school
corporation and is responsible for the proper safeguarding and
accounting for the funds. The treasurer shall:
(1) issue a receipt for money received by the treasurer;
(2) deposit money described in subdivision (1) in accordance
with the laws governing the deposit of public funds; and
(3) issue all warrants in payment of expenses lawfully incurred
on behalf of the school corporation. However, except as
otherwise provided by law, warrants described in this
subdivision must be issued only after proper allowance or
approval by the governing body. The governing body may not
require an allowance or approval for amounts lawfully due in
payment of indebtedness or payments due the state, the United
States government, or agencies and instrumentalities of the state
or the United States government.
A verification, other than a properly itemized invoice, may not be
required for any claim of one hundred dollars ($100) or less. A claim
that exceeds one hundred dollars ($100) is sufficient as to form if the
bill or statement for the claim has printed or stamped on the face of
the bill or statement a verification of the bill or statement in language
approved by the state board of accounts.
(e) Notwithstanding subsection (d), a treasurer may transact
school corporation financial business with a financial institution or
a public retirement fund through the use of electronic funds transfer.
The treasurer must provide adequate documentation to the governing
body of transfers made under this subsection. This subsection applies
only to agreements for joint investment of money under IC 5-13-9
and to payments to:
(1) the Indiana state teachers' retirement fund; or
(2) the public employees' retirement fund;
from participating employers.
(f) A treasurer is not personally liable for an act or omission
occurring in connection with the performance of the duties set forth
in this section, unless the act or omission constitutes gross
negligence or an intentional disregard of the treasurer's duties.
(g) A governing body may establish the position of executive
secretary to the governing body. The executive secretary:
(1) must be an employee of the school corporation;
(2) may not be a member of the governing body; and
(3) must be appointed by the governing body upon the
recommendation of the superintendent of the school
corporation.
The governing body shall determine the duties of the executive
secretary, which may include all or part of the duties of the secretary
of the board. As added by P.L.1-2005, SEC.10.
IC 20-26-4-2 Oath of members
Sec. 2. A person elected or selected to be a member of a
governing body shall take the following oath before taking office:
"I solemnly swear (or affirm) that I will support the
Constitution of the United States of America, the Constitution
of the State of Indiana, and the laws of the United States and the
State of Indiana. I will faithfully execute the duties of my office
as a member of this governing body, so help me God."
However, the governing body may provide for additional provisions
to the oath that the governing body considers appropriate for the
office. As added by P.L.1-2005, SEC.10.
IC 20-26-4-3 Regular, statutory, and special meetings
Sec. 3. (a) Regular meetings must be held by each governing body
at a time and place established by resolution of the board or may be
incorporated in the rules provided in IC 20-26-5-4. A notice need not
be given a member for holding or taking any action at a regular
meeting.
(b) If a meeting is held according to a procedure set forth by
statute or rule and if publication of notice of the meeting is required,
notice of the meeting is not required and need not be given a member
for holding or taking any action at the meeting contemplated by the
notice. The meeting must be held at the time and place specified in
the published notice.
(c) Special meetings of a governing body must be held on call by
the governing body's president or by the superintendent of the school
corporation. The call must be evidenced by a written notice
specifying the date, time, and place of the meeting, delivered to each
member personally or sent by mail or telegram so that each member
has at least seventy-two (72) hours notice of the special meeting.
Special meetings must be held at the regular meeting place of the
board.
(d) All meetings of a governing body must be open to the public
to the extent required by IC 5-14-1.5. The governing body shall
comply with IC 5-14-1.5.
(e) If notice of a meeting is required and each member of a
governing body has waived notice of the meeting, as provided in this
subsection, notice of the meeting is not necessary. Waiver of notice
of a meeting by a member consists of the following:
(1) The member's presence at the meeting.
(2) The member's execution of a written notice waiving the
date, time, and place of the meeting, executed either before or
after the meeting. However, if notice is executed after the
meeting, the waiver must also state in general terms the purpose
of the meeting. If a waiver specifies that the waiver was
executed before the meeting, third persons are entitled to rely
on the statement.
(f) At a meeting of the governing body, a majority of the members
constitutes a quorum. Action may not be taken unless a quorum is
present. Except where a larger vote is required by statute or rule with
respect to any matter, a majority of the members present may adopt
a resolution or take any action.
(g) All meetings of the governing body for the conduct of business
must be held within the school corporation, except as follows:
(1) Meetings may be held at the administrative offices of the
school corporation if the offices are outside the geographic
limits of the school corporation but are within a county where
all or a part of the school corporation is located.
(2) Meetings may be held at a place where the statute or rule
according to which a statutory meeting is held permits meeting
outside the school corporation, as may occur when the meeting
is held jointly with another governing body. As added by P.L.1-2005, SEC.10.
IC 20-26-4-4 Commencement and termination of terms of office; vacancies
Sec. 4. (a) This section does not apply to a school city of the first
class or to a school corporation succeeding to all or the major part in
area of a school city of the first class.
(b) The commencement and termination of terms of members of
a governing body are as follows:
(1) Except as provided in subdivision (2), the governing body
of each school corporation shall determine whether the term of
office for the governing body's members extends from January
1 to December 31 or from July 1 to June 30. A governing body
that makes a change in the commencement date of the
governing body's members' terms shall report the change to the
state board before August 1 preceding the year in which the
change takes place. An ex officio member of a governing body
shall take office at the time the ex officio member takes the oath
of the office by virtue of which the ex officio member is
entitled to become an ex officio member.
(2) In a county having a population of more than four hundred
thousand (400,000), the terms of office for the members of a
governing body, whether elected or appointed, commence on
July 1 of the year in which the members are to take office under
the plan, resolution, or law under which the school corporation
is established, and terminate on the June 30 of the final year of
the term for which the members are to serve under the plan,
resolution, or law.
(c) If a vacancy in the membership of a governing body occurs for
any reason (including the failure of a sufficient number of petitions
for candidates for governing body membership being filed for an
election and whether the vacancy was of an elected or appointed
member), the remaining members of the governing body shall by
majority vote fill the vacancy by appointing a person from within the
boundaries of the school corporation, with the residence and other
qualifications provided for a regularly elected or appointed board
member filling the membership, to serve for the term or the balance
of the term. However, this subsection does not apply to a vacancy:
(1) of a member who serves on a governing body in an ex
officio capacity; or
(2) a vacancy in an appointed board membership if a plan,
resolution, or law under which the school corporation operates
specifically provides for filling vacancies by the appointing
authority. As added by P.L.1-2005, SEC.10.
IC 20-26-4-4.5 School board vacancy because of member's death
Sec. 4.5. (a) This section applies to a school corporation subject
to section 4 of this chapter.
(b) The definitions in IC 3-5-2 apply to this section.
(c) If a vacancy in a school board office exists because of the
death of a school board member, the remaining members of the
governing body shall meet and select an individual to fill the vacancy
after the secretary of the governing body receives notice of the death
under IC 5-8-6 and in accordance with section 4 of this chapter. As added by P.L.119-2005, SEC.33.
IC 20-26-4-5 Treasurer's bond
Sec. 5. For each school year commencing July 1, the treasurer of
each governing body and the governing body's school corporation
and a deputy treasurer, if so appointed, shall give a bond for the
faithful performance of the treasurer's and deputy treasurer's duties
written by an insurance company licensed to do business in Indiana,
in an amount determined by the governing body. The treasurer shall
be responsible under the treasurer's bond for the acts of a deputy
treasurer appointed as provided in section 1 of this chapter. As added by P.L.1-2005, SEC.10.
IC 20-26-4-6 Bids for purchase of supplies or equipment
Sec. 6. (a) The governing body of any school corporation may
designate a committee of at least two (2) of the governing body's
members, or a committee of not less than two (2) employees of the
school corporation, to open and tabulate bids:
(1) in connection with the purchase of supplies, material, or
equipment;
(2) for the construction or alteration of a building or facility; or
(3) for any similar purpose.
(b) Bids described in subsection (a):
(1) may be opened by the committee at the time and place fixed
by the advertisement for bids;
(2) must be read aloud and tabulated publicly, to the extent
required by law for governing bodies; and
(3) must be available for inspection.
(c) The bids described in subsection (a) must be reported to and
the tabulation entered upon the records of the governing body at the
governing body's next meeting following the bid opening.
(d) A bid described in subsection (a) may not be accepted or
rejected by the committee, but the bid must be accepted or rejected
solely by the governing body in a board meeting open to the public
as provided in section 3 of this chapter. As added by P.L.1-2005, SEC.10.
IC 20-26-4-7 Compensation of governing body members
Sec. 7. (a) Except as provided in IC 20-25-3-3, the governing body
of a school corporation by resolution has the power to pay each
member of the governing body a reasonable amount for service as a
member, not to exceed:
(1) two thousand dollars ($2,000) per year; and
(2) a per diem not to exceed the rate approved for members of
the board of school commissioners under IC 20-25-3-3(d).
(b) If the members of the governing body are totally comprised of
appointed members, the appointive authority under IC 20-23-4-28(e)
shall approve the per diem rate allowable under subsection (a)(2)
before the governing body may make the payments.
(c) To make a valid approval under subsection (b), the appointive
authority must approve the per diem rate with the same endorsement
required under IC 20-23-4-28(f) to make the appointment of the
member. As added by P.L.1-2005, SEC.10.
IC 20-26-4-8 Approval of contracts
Sec. 8. Notwithstanding any other law, the president and secretary
of the governing body of a school corporation are entitled, on behalf
of the school corporation, to sign any contract, including
employment contracts and contracts for goods and services.
However, each contract must be approved by a majority of all
members of the governing body. In the absence of either the
president or secretary of the governing body, the vice president is
entitled to sign the contracts with the officer who is present. As added by P.L.1-2005, SEC.10.
IC 20-26-4-9 Disqualification on basis of age prohibited
Sec. 9. An individual who is at least twenty-one (21) years of age
and is otherwise eligible to assume office as a member of a
governing body may not be disqualified on the basis of age. As added by P.L.1-2005, SEC.10.
IC 20-26-4-10 Property ownership not qualification
Sec. 10. Property ownership is not a qualification for serving as
a member of a governing body. As added by P.L.1-2005, SEC.10.
IC 20-26-4-11 Ineligibility of teachers and noncertificated employees
Sec. 11. In addition to any other eligibility requirements for
members of the governing body of a school corporation as set forth
in law, an individual who is employed as a teacher or as a
noncertificated employee (as defined in IC 20-29-2-11) of the school
corporation may not be a member of the governing body of the
school corporation. As added by P.L.1-2005, SEC.10.
