IC 36-2-3.5
Chapter 3.5. Division of Powers of Certain Counties
IC 36-2-3.5-1 Application of chapter
Sec. 1. This chapter applies to:
(1) a county having a population of:
(A) more than four hundred thousand (400,000) but less than
seven hundred thousand (700,000); or
(B) more than two hundred thousand (200,000) but less than
three hundred thousand (300,000); and
(2) any other county not having a consolidated city, if both the
county executive and the county fiscal body adopt identical
ordinances providing for the county to be governed by this
chapter beginning on a specified effective date. As added by Acts 1981, P.L.11, SEC.147. Amended by Acts 1981,
P.L.307, SEC.1; P.L.12-1992, SEC.154.
IC 36-2-3.5-2 Executive and legislative branches; separation of powers
Sec. 2. The powers of the county are divided between the
executive and legislative branches of its government. A power
belonging to one (1) branch of the county's government may not be
exercised by the other branch. As added by Acts 1981, P.L.11, SEC.147.
IC 36-2-3.5-3 Board of commissioners as executive; county council as legislative
and fiscal body
Sec. 3. The board of commissioners elected under IC 36-2-2 is the
county executive. The county council elected under IC 36-2-3 is the
county legislative body as well as the county fiscal body. As added by Acts 1981, P.L.11, SEC.147.
IC 36-2-3.5-4 Executive powers and duties
Sec. 4. (a) All powers and duties of the county that are executive
or administrative in nature shall be exercised or performed by its
executive, except to the extent that these powers and duties are
expressly assigned to other elected officers.
(b) The executive shall:
(1) report the state of the county annually before March 1 to the
county legislative body and to the people of the county;
(2) recommend annually before March 1 to the legislative body
whatever action or program it considers necessary for the
improvement of the county and the welfare of its residents;
(3) submit to the legislative body an annual budget in
accordance with IC 36-2-5;
(4) establish the procedures to be followed by all county
departments, offices, and agencies under its jurisdiction to the
extent these procedures are not expressly assigned to other
elected officers;
(5) administer all statutes applicable to the county, and its
ordinances and regulations, to the extent these matters are not
expressly assigned to other elected officers;
(6) supervise the care and custody of all county property;
(7) supervise the collection of revenues and control all
disbursements and expenditures, and prepare a complete
account of all expenditures, to the extent these matters are not
expressly assigned to other elected officers;
(8) review, analyze, and forecast trends for county services and
finances, and programs of all county governmental entities, and
report and recommend on these to the legislative body by
March 15 each year;
(9) negotiate contracts for the county;
(10) make recommendations concerning the nature and location
of county improvements, and provide for the execution of those
improvements;
(11) supervise county administrative offices except for the
offices of elected officers; and
(12) perform other duties and functions that are imposed on it
by statute or ordinance.
(c) The executive may:
(1) order any agency under its jurisdiction to undertake any task
for any other agency under its jurisdiction on a temporary basis,
if necessary for the proper and efficient administration of
county government;
(2) approve or veto ordinances passed by the legislative body,
in the manner prescribed by IC 36-2-4-8; and
(3) establish and administer centralized budgeting, centralized
personnel selection, and centralized purchasing. As added by Acts 1981, P.L.11, SEC.147.
IC 36-2-3.5-5 Legislative powers and duties
Sec. 5. (a) All powers and duties of the county that are legislative
in nature shall be exercised or performed by its legislative body.
(b) The legislative body may:
(1) establish the committees that are necessary to carry out its
functions;
(2) employ legal and administrative personnel necessary to
carry out its functions;
(3) pass all ordinances, orders, resolutions, and motions for the
government of the county, in the manner prescribed by
IC 36-2-4;
(4) receive gifts, bequests, and grants from public or private
sources;
(5) conduct investigations into the conduct of county business
for the purpose of correcting deficiencies and insuring
adherence to law and county policies and regulations; and
(6) establish, by ordinance, new county departments, divisions,
or agencies whenever necessary to promote efficient county
government. As added by Acts 1981, P.L.11, SEC.147.
IC 36-2-3.5-6 Elections; stay upon failure to divide county into districts; court
orders
Sec. 6. (a) A court may issue an order, before final hearing, to stay
an election if there is sufficient evidence to withstand a motion for
summary judgment that the county has not been divided into districts
that comply with IC 36-2-2-4 or IC 36-2-3-4. A preliminary hearing
on the question may be held upon the court's own motion.
(b) Final judgment on the merits in such a case shall be made
within thirty (30) days of the stay of election order. If the
redistricting is found not to be in compliance with law, the court
shall retain jurisdiction and shall order the proper officials to submit
within thirty (30) days a redistricting plan complying with law. If the
proper officials fail to comply with the order, the court shall order
the Indiana election commission to divide the county into districts in
compliance with law. As added by Acts 1981, P.L.11, SEC.147. Amended by P.L.2-1996,
SEC.288.
IC 36-2-3.5
Chapter 3.5. Division of Powers of Certain Counties
IC 36-2-3.5-1 Application of chapter
Sec. 1. This chapter applies to:
(1) a county having a population of:
(A) more than four hundred thousand (400,000) but less than
seven hundred thousand (700,000); or
(B) more than two hundred thousand (200,000) but less than
three hundred thousand (300,000); and
(2) any other county not having a consolidated city, if both the
county executive and the county fiscal body adopt identical
ordinances providing for the county to be governed by this
chapter beginning on a specified effective date. As added by Acts 1981, P.L.11, SEC.147. Amended by Acts 1981,
P.L.307, SEC.1; P.L.12-1992, SEC.154.
IC 36-2-3.5-2 Executive and legislative branches; separation of powers
Sec. 2. The powers of the county are divided between the
executive and legislative branches of its government. A power
belonging to one (1) branch of the county's government may not be
exercised by the other branch. As added by Acts 1981, P.L.11, SEC.147.
IC 36-2-3.5-3 Board of commissioners as executive; county council as legislative
and fiscal body
Sec. 3. The board of commissioners elected under IC 36-2-2 is the
county executive. The county council elected under IC 36-2-3 is the
county legislative body as well as the county fiscal body. As added by Acts 1981, P.L.11, SEC.147.
IC 36-2-3.5-4 Executive powers and duties
Sec. 4. (a) All powers and duties of the county that are executive
or administrative in nature shall be exercised or performed by its
executive, except to the extent that these powers and duties are
expressly assigned to other elected officers.
(b) The executive shall:
(1) report the state of the county annually before March 1 to the
county legislative body and to the people of the county;
(2) recommend annually before March 1 to the legislative body
whatever action or program it considers necessary for the
improvement of the county and the welfare of its residents;
(3) submit to the legislative body an annual budget in
accordance with IC 36-2-5;
(4) establish the procedures to be followed by all county
departments, offices, and agencies under its jurisdiction to the
extent these procedures are not expressly assigned to other
elected officers;
(5) administer all statutes applicable to the county, and its
ordinances and regulations, to the extent these matters are not
expressly assigned to other elected officers;
(6) supervise the care and custody of all county property;
(7) supervise the collection of revenues and control all
disbursements and expenditures, and prepare a complete
account of all expenditures, to the extent these matters are not
expressly assigned to other elected officers;
(8) review, analyze, and forecast trends for county services and
finances, and programs of all county governmental entities, and
report and recommend on these to the legislative body by
March 15 each year;
(9) negotiate contracts for the county;
(10) make recommendations concerning the nature and location
of county improvements, and provide for the execution of those
improvements;
(11) supervise county administrative offices except for the
offices of elected officers; and
(12) perform other duties and functions that are imposed on it
by statute or ordinance.
(c) The executive may:
(1) order any agency under its jurisdiction to undertake any task
for any other agency under its jurisdiction on a temporary basis,
if necessary for the proper and efficient administration of
county government;
(2) approve or veto ordinances passed by the legislative body,
in the manner prescribed by IC 36-2-4-8; and
(3) establish and administer centralized budgeting, centralized
personnel selection, and centralized purchasing. As added by Acts 1981, P.L.11, SEC.147.
IC 36-2-3.5-5 Legislative powers and duties
Sec. 5. (a) All powers and duties of the county that are legislative
in nature shall be exercised or performed by its legislative body.
(b) The legislative body may:
(1) establish the committees that are necessary to carry out its
functions;
(2) employ legal and administrative personnel necessary to
carry out its functions;
(3) pass all ordinances, orders, resolutions, and motions for the
government of the county, in the manner prescribed by
IC 36-2-4;
(4) receive gifts, bequests, and grants from public or private
sources;
(5) conduct investigations into the conduct of county business
for the purpose of correcting deficiencies and insuring
adherence to law and county policies and regulations; and
(6) establish, by ordinance, new county departments, divisions,
or agencies whenever necessary to promote efficient county
government. As added by Acts 1981, P.L.11, SEC.147.
IC 36-2-3.5-6 Elections; stay upon failure to divide county into districts; court
orders
Sec. 6. (a) A court may issue an order, before final hearing, to stay
an election if there is sufficient evidence to withstand a motion for
summary judgment that the county has not been divided into districts
that comply with IC 36-2-2-4 or IC 36-2-3-4. A preliminary hearing
on the question may be held upon the court's own motion.
(b) Final judgment on the merits in such a case shall be made
within thirty (30) days of the stay of election order. If the
redistricting is found not to be in compliance with law, the court
shall retain jurisdiction and shall order the proper officials to submit
within thirty (30) days a redistricting plan complying with law. If the
proper officials fail to comply with the order, the court shall order
the Indiana election commission to divide the county into districts in
compliance with law. As added by Acts 1981, P.L.11, SEC.147. Amended by P.L.2-1996,
SEC.288.
IC 36-2-3.5
Chapter 3.5. Division of Powers of Certain Counties
IC 36-2-3.5-1 Application of chapter
Sec. 1. This chapter applies to:
(1) a county having a population of:
(A) more than four hundred thousand (400,000) but less than
seven hundred thousand (700,000); or
(B) more than two hundred thousand (200,000) but less than
three hundred thousand (300,000); and
(2) any other county not having a consolidated city, if both the
county executive and the county fiscal body adopt identical
ordinances providing for the county to be governed by this
chapter beginning on a specified effective date. As added by Acts 1981, P.L.11, SEC.147. Amended by Acts 1981,
P.L.307, SEC.1; P.L.12-1992, SEC.154.
IC 36-2-3.5-2 Executive and legislative branches; separation of powers
Sec. 2. The powers of the county are divided between the
executive and legislative branches of its government. A power
belonging to one (1) branch of the county's government may not be
exercised by the other branch. As added by Acts 1981, P.L.11, SEC.147.
IC 36-2-3.5-3 Board of commissioners as executive; county council as legislative
and fiscal body
Sec. 3. The board of commissioners elected under IC 36-2-2 is the
county executive. The county council elected under IC 36-2-3 is the
county legislative body as well as the county fiscal body. As added by Acts 1981, P.L.11, SEC.147.
IC 36-2-3.5-4 Executive powers and duties
Sec. 4. (a) All powers and duties of the county that are executive
or administrative in nature shall be exercised or performed by its
executive, except to the extent that these powers and duties are
expressly assigned to other elected officers.
(b) The executive shall:
(1) report the state of the county annually before March 1 to the
county legislative body and to the people of the county;
(2) recommend annually before March 1 to the legislative body
whatever action or program it considers necessary for the
improvement of the county and the welfare of its residents;
(3) submit to the legislative body an annual budget in
accordance with IC 36-2-5;
(4) establish the procedures to be followed by all county
departments, offices, and agencies under its jurisdiction to the
extent these procedures are not expressly assigned to other
elected officers;
(5) administer all statutes applicable to the county, and its
ordinances and regulations, to the extent these matters are not
expressly assigned to other elected officers;
(6) supervise the care and custody of all county property;
(7) supervise the collection of revenues and control all
disbursements and expenditures, and prepare a complete
account of all expenditures, to the extent these matters are not
expressly assigned to other elected officers;
(8) review, analyze, and forecast trends for county services and
finances, and programs of all county governmental entities, and
report and recommend on these to the legislative body by
March 15 each year;
(9) negotiate contracts for the county;
(10) make recommendations concerning the nature and location
of county improvements, and provide for the execution of those
improvements;
(11) supervise county administrative offices except for the
offices of elected officers; and
(12) perform other duties and functions that are imposed on it
by statute or ordinance.
(c) The executive may:
(1) order any agency under its jurisdiction to undertake any task
for any other agency under its jurisdiction on a temporary basis,
if necessary for the proper and efficient administration of
county government;
(2) approve or veto ordinances passed by the legislative body,
in the manner prescribed by IC 36-2-4-8; and
(3) establish and administer centralized budgeting, centralized
personnel selection, and centralized purchasing. As added by Acts 1981, P.L.11, SEC.147.
IC 36-2-3.5-5 Legislative powers and duties
Sec. 5. (a) All powers and duties of the county that are legislative
in nature shall be exercised or performed by its legislative body.
(b) The legislative body may:
(1) establish the committees that are necessary to carry out its
functions;
(2) employ legal and administrative personnel necessary to
carry out its functions;
(3) pass all ordinances, orders, resolutions, and motions for the
government of the county, in the manner prescribed by
IC 36-2-4;
(4) receive gifts, bequests, and grants from public or private
sources;
(5) conduct investigations into the conduct of county business
for the purpose of correcting deficiencies and insuring
adherence to law and county policies and regulations; and
(6) establish, by ordinance, new county departments, divisions,
or agencies whenever necessary to promote efficient county
government. As added by Acts 1981, P.L.11, SEC.147.
IC 36-2-3.5-6 Elections; stay upon failure to divide county into districts; court
orders
Sec. 6. (a) A court may issue an order, before final hearing, to stay
an election if there is sufficient evidence to withstand a motion for
summary judgment that the county has not been divided into districts
that comply with IC 36-2-2-4 or IC 36-2-3-4. A preliminary hearing
on the question may be held upon the court's own motion.
(b) Final judgment on the merits in such a case shall be made
within thirty (30) days of the stay of election order. If the
redistricting is found not to be in compliance with law, the court
shall retain jurisdiction and shall order the proper officials to submit
within thirty (30) days a redistricting plan complying with law. If the
proper officials fail to comply with the order, the court shall order
the Indiana election commission to divide the county into districts in
compliance with law. As added by Acts 1981, P.L.11, SEC.147. Amended by P.L.2-1996,
SEC.288.
