IC 36-4-4-1 Application of chapter
Sec. 1. This chapter applies to all cities. As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-4-2 Separation of powers; right of city employee to serve in office
Sec. 2. (a) The powers of a city are divided between the executive
and legislative branches of its government. A power belonging to one
(1) branch of a city's government may not be exercised by the other
branch.
(b) A city employee other than an elected or appointed public
officer may:
(1) be a candidate for any elective office and serve in that office
if elected; or
(2) be appointed to any office and serve in that office if
appointed;
without having to resign as a city employee. As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.315-1995,
SEC.1.
IC 36-4-4-3 Executive or administrative powers, duties, and functions
Sec. 3. (a) All powers and duties of a city that are executive or
administrative in nature shall be exercised or performed by the city
executive, another city officer, or a city department.
(b) An ordinance of the city legislative body requiring an
executive or administrative function to be performed may:
(1) designate the department that is to perform that function; or
(2) establish a new department or agency to perform that
function.
(c) If an executive or administrative function is not assigned by a
statute, ordinance, or resolution, the city executive shall assign that
function to the proper department or officer. As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-4-4 Legislative powers and duties
Sec. 4. (a) The legislative power of a city is vested in its
legislative body. All powers and duties of a city that are legislative
in nature shall be exercised or performed by its legislative body. The
legislative body of a city may not elect or appoint a person to any
office or employment, except as provided by statute.
(b) The legislative body may manage the finances of the city to
the extent that that power is not vested in the executive branch. As added by Acts 1980, P.L.212, SEC.3. IC 36-4-4-5 Uncertainty or dispute in nature of power or duty
Sec. 5. (a) If uncertainty exists or a dispute arises concerning the
executive or legislative nature of a power or duty exercised or
proposed to be exercised by a branch, officer, department, or agency
of the government of a municipality, a petition may be filed in the
circuit court of the county in which the municipality is located by the
municipal executive, another municipal elected official, the president
of the municipal legislative body, or any person who alleges and
establishes to the satisfaction of the court that the person is or would
be adversely affected by the exercise of the power; however, in a
county that does not contain a consolidated city and that has a
superior court with three (3) or more judges, the petition shall be
filed in the superior court and shall be heard and determined by the
court sitting en banc.
(b) In a county containing a consolidated city, the petition shall be
heard and determined by a five (5) member panel of judges from the
superior court. The clerk of the court shall select the judges
electronically and randomly. Not more than three (3) members of the
five (5) member panel of judges may be of the same political party.
The first judge selected shall maintain the case file and preside over
the proceedings.
(c) The petition must set forth the action taken or the power
proposed to be exercised, and all facts and circumstances relevant to
a determination of the nature of the power, and must request that the
court hear the matter and determine which branch, officer,
department, or agency of the municipality, if any, is authorized to
exercise the power. On the filing of the petition, the clerk of the court
shall issue notice to the municipal executive, each municipal elected
official, and the president of the municipal legislative body, unless
the petition was filed by that person, and to the municipal attorney,
department of law, or legal division.
(d) The court shall determine the matters set forth in the petition
and shall affix the responsibility for the exercise of the power or the
performance of the duty, unless it determines that the power or duty
does not exist. Costs of the proceeding shall be paid by the
municipality, except that if an appeal is taken from the decision of
the court by any party to the proceeding other than the municipal
executive, another municipal elected official, or the president of the
municipal legislative body, the costs of the appeal shall be paid by
the unsuccessful party on appeal or in the manner directed by the
court deciding the appeal. As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.69-1995,
SEC.5; P.L.141-2007, SEC.3.
IC 36-4-4-1 Application of chapter
Sec. 1. This chapter applies to all cities. As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-4-2 Separation of powers; right of city employee to serve in office
Sec. 2. (a) The powers of a city are divided between the executive
and legislative branches of its government. A power belonging to one
(1) branch of a city's government may not be exercised by the other
branch.
(b) A city employee other than an elected or appointed public
officer may:
(1) be a candidate for any elective office and serve in that office
if elected; or
(2) be appointed to any office and serve in that office if
appointed;
without having to resign as a city employee. As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.315-1995,
SEC.1.
IC 36-4-4-3 Executive or administrative powers, duties, and functions
Sec. 3. (a) All powers and duties of a city that are executive or
administrative in nature shall be exercised or performed by the city
executive, another city officer, or a city department.
(b) An ordinance of the city legislative body requiring an
executive or administrative function to be performed may:
(1) designate the department that is to perform that function; or
(2) establish a new department or agency to perform that
function.
(c) If an executive or administrative function is not assigned by a
statute, ordinance, or resolution, the city executive shall assign that
function to the proper department or officer. As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-4-4 Legislative powers and duties
Sec. 4. (a) The legislative power of a city is vested in its
legislative body. All powers and duties of a city that are legislative
in nature shall be exercised or performed by its legislative body. The
legislative body of a city may not elect or appoint a person to any
office or employment, except as provided by statute.
(b) The legislative body may manage the finances of the city to
the extent that that power is not vested in the executive branch. As added by Acts 1980, P.L.212, SEC.3. IC 36-4-4-5 Uncertainty or dispute in nature of power or duty
Sec. 5. (a) If uncertainty exists or a dispute arises concerning the
executive or legislative nature of a power or duty exercised or
proposed to be exercised by a branch, officer, department, or agency
of the government of a municipality, a petition may be filed in the
circuit court of the county in which the municipality is located by the
municipal executive, another municipal elected official, the president
of the municipal legislative body, or any person who alleges and
establishes to the satisfaction of the court that the person is or would
be adversely affected by the exercise of the power; however, in a
county that does not contain a consolidated city and that has a
superior court with three (3) or more judges, the petition shall be
filed in the superior court and shall be heard and determined by the
court sitting en banc.
(b) In a county containing a consolidated city, the petition shall be
heard and determined by a five (5) member panel of judges from the
superior court. The clerk of the court shall select the judges
electronically and randomly. Not more than three (3) members of the
five (5) member panel of judges may be of the same political party.
The first judge selected shall maintain the case file and preside over
the proceedings.
(c) The petition must set forth the action taken or the power
proposed to be exercised, and all facts and circumstances relevant to
a determination of the nature of the power, and must request that the
court hear the matter and determine which branch, officer,
department, or agency of the municipality, if any, is authorized to
exercise the power. On the filing of the petition, the clerk of the court
shall issue notice to the municipal executive, each municipal elected
official, and the president of the municipal legislative body, unless
the petition was filed by that person, and to the municipal attorney,
department of law, or legal division.
(d) The court shall determine the matters set forth in the petition
and shall affix the responsibility for the exercise of the power or the
performance of the duty, unless it determines that the power or duty
does not exist. Costs of the proceeding shall be paid by the
municipality, except that if an appeal is taken from the decision of
the court by any party to the proceeding other than the municipal
executive, another municipal elected official, or the president of the
municipal legislative body, the costs of the appeal shall be paid by
the unsuccessful party on appeal or in the manner directed by the
court deciding the appeal. As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.69-1995,
SEC.5; P.L.141-2007, SEC.3.
IC 36-4-4-1 Application of chapter
Sec. 1. This chapter applies to all cities. As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-4-2 Separation of powers; right of city employee to serve in office
Sec. 2. (a) The powers of a city are divided between the executive
and legislative branches of its government. A power belonging to one
(1) branch of a city's government may not be exercised by the other
branch.
(b) A city employee other than an elected or appointed public
officer may:
(1) be a candidate for any elective office and serve in that office
if elected; or
(2) be appointed to any office and serve in that office if
appointed;
without having to resign as a city employee. As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.315-1995,
SEC.1.
IC 36-4-4-3 Executive or administrative powers, duties, and functions
Sec. 3. (a) All powers and duties of a city that are executive or
administrative in nature shall be exercised or performed by the city
executive, another city officer, or a city department.
(b) An ordinance of the city legislative body requiring an
executive or administrative function to be performed may:
(1) designate the department that is to perform that function; or
(2) establish a new department or agency to perform that
function.
(c) If an executive or administrative function is not assigned by a
statute, ordinance, or resolution, the city executive shall assign that
function to the proper department or officer. As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-4-4 Legislative powers and duties
Sec. 4. (a) The legislative power of a city is vested in its
legislative body. All powers and duties of a city that are legislative
in nature shall be exercised or performed by its legislative body. The
legislative body of a city may not elect or appoint a person to any
office or employment, except as provided by statute.
(b) The legislative body may manage the finances of the city to
the extent that that power is not vested in the executive branch. As added by Acts 1980, P.L.212, SEC.3. IC 36-4-4-5 Uncertainty or dispute in nature of power or duty
Sec. 5. (a) If uncertainty exists or a dispute arises concerning the
executive or legislative nature of a power or duty exercised or
proposed to be exercised by a branch, officer, department, or agency
of the government of a municipality, a petition may be filed in the
circuit court of the county in which the municipality is located by the
municipal executive, another municipal elected official, the president
of the municipal legislative body, or any person who alleges and
establishes to the satisfaction of the court that the person is or would
be adversely affected by the exercise of the power; however, in a
county that does not contain a consolidated city and that has a
superior court with three (3) or more judges, the petition shall be
filed in the superior court and shall be heard and determined by the
court sitting en banc.
(b) In a county containing a consolidated city, the petition shall be
heard and determined by a five (5) member panel of judges from the
superior court. The clerk of the court shall select the judges
electronically and randomly. Not more than three (3) members of the
five (5) member panel of judges may be of the same political party.
The first judge selected shall maintain the case file and preside over
the proceedings.
(c) The petition must set forth the action taken or the power
proposed to be exercised, and all facts and circumstances relevant to
a determination of the nature of the power, and must request that the
court hear the matter and determine which branch, officer,
department, or agency of the municipality, if any, is authorized to
exercise the power. On the filing of the petition, the clerk of the court
shall issue notice to the municipal executive, each municipal elected
official, and the president of the municipal legislative body, unless
the petition was filed by that person, and to the municipal attorney,
department of law, or legal division.
(d) The court shall determine the matters set forth in the petition
and shall affix the responsibility for the exercise of the power or the
performance of the duty, unless it determines that the power or duty
does not exist. Costs of the proceeding shall be paid by the
municipality, except that if an appeal is taken from the decision of
the court by any party to the proceeding other than the municipal
executive, another municipal elected official, or the president of the
municipal legislative body, the costs of the appeal shall be paid by
the unsuccessful party on appeal or in the manner directed by the
court deciding the appeal. As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.69-1995,
SEC.5; P.L.141-2007, SEC.3.
