IC 36-5-3
Chapter 3. Town Budget Procedures and Compensation of
Officers and Employees
IC 36-5-3-1 Application of chapter
Sec. 1. This chapter applies to all towns. As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-3-2 Compensation for officers and employees
Sec. 2. (a) As used in this section, "compensation" means the total
of all money paid to an elected town officer for performing duties as
a town officer, regardless of the source of funds from which the
money is paid.
(b) The town legislative body shall, by ordinance, fix the
compensation of its own members, the town clerk-treasurer, and the
town marshal. The legislative body shall provide reasonable
compensation for other town officers and employees.
(c) The compensation of an elected town officer may not be
changed in the year for which it is fixed, nor may it be reduced below
the amount fixed for the previous year.
(d) The legislative body may provide that town officers and
employees receive additional compensation for services that:
(1) are performed for the town;
(2) are not governmental in nature; and
(3) are connected with the operation of a municipally owned
utility or function.
Subject to the approval of the legislative body, the administrative
agency operating the utility or function shall fix the amount of the
additional compensation, which shall be paid from the revenues of
the utility or function. As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1981,
P.L.17, SEC.26; P.L.351-1983, SEC.1; P.L.15-1993, SEC.4.
IC 36-5-3-3 Formulation of budget estimate
Sec. 3. Before the publication of notice of budget estimates
required by IC 6-1.1-17-3, each town shall formulate a budget
estimate for the ensuing budget year in the following manner, unless
it provides by ordinance for a different manner:
(1) Each department head shall prepare for his department an
estimate of the amount of money required for the ensuing
budget year, stating in detail each category and item of
expenditure he anticipates.
(2) The town fiscal officer shall prepare an itemized estimate of
revenues available for the ensuing budget year, and shall
prepare an itemized estimate of expenditures for other purposes
above the money proposed to be used by the departments.
(3) The town executive shall meet with the department heads
and the fiscal officer to review and revise their various
estimates.
(4) After the executive's review and revision, the fiscal officer
shall prepare for the executive a report of the estimated
department budgets, miscellaneous expenses, and revenues
necessary or available to finance the estimates. As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-3-4 Report of budget estimates; ordinances fixing tax rate and
appropriations
Sec. 4. The town fiscal officer shall present the report of budget
estimates to the town legislative body under IC 6-1.1-17. After
reviewing the report, the legislative body shall prepare an ordinance
fixing the rate of taxation for the ensuing budget year and an
ordinance making appropriations for the estimated department
budgets and other town purposes during the ensuing budget year. The
legislative body, in the appropriation ordinance, may change any
estimated item from the figure submitted in the report of the fiscal
officer. The legislative body shall promptly act on the appropriation
ordinance. As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-3-5 Additional appropriations; decrease; ordinances
Sec. 5. After the passage of the appropriation ordinance, the town
legislative body may make further or additional appropriations by
ordinance, unless their result is to increase the tax levy set under
IC 6-1.1-17. The legislative body may, by ordinance, decrease any
appropriation set by ordinance. As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1980,
P.L.73, SEC.20.
IC 36-5-3-6 Waiver of compensation
Sec. 6. (a) As used in this section, "compensation" means the total
of all money paid to an elected town officer for performing duties as
a town officer, regardless of the source of funds from which the
money is paid. The term includes all employee benefits paid to a
town officer, including life insurance, health insurance, disability
insurance, retirement benefits, and pension benefits.
(b) A town officer may waive the officer's compensation for any
year by filing a notice that satisfies the following:
(1) The notice is in writing.
(2) The notice states in substance all of the following:
(A) The position held by the town officer.
(B) The calendar year covered by the notice.
(C) That the town officer waives compensation under this
section.
(D) That the town officer understands that the notice is
irrevocable beginning January 1 of the year covered by the
notice.
(3) The notice is signed by the town officer who wants to waive
compensation.
(c) A town officer who wants to waive compensation under this
section must file the notice with the town clerk-treasurer before
January 1 of the year covered by the notice.
(d) A notice filed under this section is irrevocable beginning
January 1 of the year covered by the notice.
(e) A town officer who files a notice under this section:
(1) is not entitled to compensation for duties performed in the
year covered by the notice; and
(2) may not be paid compensation for duties performed in the
year covered by the notice. As added by P.L.67-2001, SEC.1.
IC 36-5-3
Chapter 3. Town Budget Procedures and Compensation of
Officers and Employees
IC 36-5-3-1 Application of chapter
Sec. 1. This chapter applies to all towns. As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-3-2 Compensation for officers and employees
Sec. 2. (a) As used in this section, "compensation" means the total
of all money paid to an elected town officer for performing duties as
a town officer, regardless of the source of funds from which the
money is paid.
(b) The town legislative body shall, by ordinance, fix the
compensation of its own members, the town clerk-treasurer, and the
town marshal. The legislative body shall provide reasonable
compensation for other town officers and employees.
(c) The compensation of an elected town officer may not be
changed in the year for which it is fixed, nor may it be reduced below
the amount fixed for the previous year.
(d) The legislative body may provide that town officers and
employees receive additional compensation for services that:
(1) are performed for the town;
(2) are not governmental in nature; and
(3) are connected with the operation of a municipally owned
utility or function.
Subject to the approval of the legislative body, the administrative
agency operating the utility or function shall fix the amount of the
additional compensation, which shall be paid from the revenues of
the utility or function. As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1981,
P.L.17, SEC.26; P.L.351-1983, SEC.1; P.L.15-1993, SEC.4.
IC 36-5-3-3 Formulation of budget estimate
Sec. 3. Before the publication of notice of budget estimates
required by IC 6-1.1-17-3, each town shall formulate a budget
estimate for the ensuing budget year in the following manner, unless
it provides by ordinance for a different manner:
(1) Each department head shall prepare for his department an
estimate of the amount of money required for the ensuing
budget year, stating in detail each category and item of
expenditure he anticipates.
(2) The town fiscal officer shall prepare an itemized estimate of
revenues available for the ensuing budget year, and shall
prepare an itemized estimate of expenditures for other purposes
above the money proposed to be used by the departments.
(3) The town executive shall meet with the department heads
and the fiscal officer to review and revise their various
estimates.
(4) After the executive's review and revision, the fiscal officer
shall prepare for the executive a report of the estimated
department budgets, miscellaneous expenses, and revenues
necessary or available to finance the estimates. As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-3-4 Report of budget estimates; ordinances fixing tax rate and
appropriations
Sec. 4. The town fiscal officer shall present the report of budget
estimates to the town legislative body under IC 6-1.1-17. After
reviewing the report, the legislative body shall prepare an ordinance
fixing the rate of taxation for the ensuing budget year and an
ordinance making appropriations for the estimated department
budgets and other town purposes during the ensuing budget year. The
legislative body, in the appropriation ordinance, may change any
estimated item from the figure submitted in the report of the fiscal
officer. The legislative body shall promptly act on the appropriation
ordinance. As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-3-5 Additional appropriations; decrease; ordinances
Sec. 5. After the passage of the appropriation ordinance, the town
legislative body may make further or additional appropriations by
ordinance, unless their result is to increase the tax levy set under
IC 6-1.1-17. The legislative body may, by ordinance, decrease any
appropriation set by ordinance. As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1980,
P.L.73, SEC.20.
IC 36-5-3-6 Waiver of compensation
Sec. 6. (a) As used in this section, "compensation" means the total
of all money paid to an elected town officer for performing duties as
a town officer, regardless of the source of funds from which the
money is paid. The term includes all employee benefits paid to a
town officer, including life insurance, health insurance, disability
insurance, retirement benefits, and pension benefits.
(b) A town officer may waive the officer's compensation for any
year by filing a notice that satisfies the following:
(1) The notice is in writing.
(2) The notice states in substance all of the following:
(A) The position held by the town officer.
(B) The calendar year covered by the notice.
(C) That the town officer waives compensation under this
section.
(D) That the town officer understands that the notice is
irrevocable beginning January 1 of the year covered by the
notice.
(3) The notice is signed by the town officer who wants to waive
compensation.
(c) A town officer who wants to waive compensation under this
section must file the notice with the town clerk-treasurer before
January 1 of the year covered by the notice.
(d) A notice filed under this section is irrevocable beginning
January 1 of the year covered by the notice.
(e) A town officer who files a notice under this section:
(1) is not entitled to compensation for duties performed in the
year covered by the notice; and
(2) may not be paid compensation for duties performed in the
year covered by the notice. As added by P.L.67-2001, SEC.1.
IC 36-5-3
Chapter 3. Town Budget Procedures and Compensation of
Officers and Employees
IC 36-5-3-1 Application of chapter
Sec. 1. This chapter applies to all towns. As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-3-2 Compensation for officers and employees
Sec. 2. (a) As used in this section, "compensation" means the total
of all money paid to an elected town officer for performing duties as
a town officer, regardless of the source of funds from which the
money is paid.
(b) The town legislative body shall, by ordinance, fix the
compensation of its own members, the town clerk-treasurer, and the
town marshal. The legislative body shall provide reasonable
compensation for other town officers and employees.
(c) The compensation of an elected town officer may not be
changed in the year for which it is fixed, nor may it be reduced below
the amount fixed for the previous year.
(d) The legislative body may provide that town officers and
employees receive additional compensation for services that:
(1) are performed for the town;
(2) are not governmental in nature; and
(3) are connected with the operation of a municipally owned
utility or function.
Subject to the approval of the legislative body, the administrative
agency operating the utility or function shall fix the amount of the
additional compensation, which shall be paid from the revenues of
the utility or function. As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1981,
P.L.17, SEC.26; P.L.351-1983, SEC.1; P.L.15-1993, SEC.4.
IC 36-5-3-3 Formulation of budget estimate
Sec. 3. Before the publication of notice of budget estimates
required by IC 6-1.1-17-3, each town shall formulate a budget
estimate for the ensuing budget year in the following manner, unless
it provides by ordinance for a different manner:
(1) Each department head shall prepare for his department an
estimate of the amount of money required for the ensuing
budget year, stating in detail each category and item of
expenditure he anticipates.
(2) The town fiscal officer shall prepare an itemized estimate of
revenues available for the ensuing budget year, and shall
prepare an itemized estimate of expenditures for other purposes
above the money proposed to be used by the departments.
(3) The town executive shall meet with the department heads
and the fiscal officer to review and revise their various
estimates.
(4) After the executive's review and revision, the fiscal officer
shall prepare for the executive a report of the estimated
department budgets, miscellaneous expenses, and revenues
necessary or available to finance the estimates. As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-3-4 Report of budget estimates; ordinances fixing tax rate and
appropriations
Sec. 4. The town fiscal officer shall present the report of budget
estimates to the town legislative body under IC 6-1.1-17. After
reviewing the report, the legislative body shall prepare an ordinance
fixing the rate of taxation for the ensuing budget year and an
ordinance making appropriations for the estimated department
budgets and other town purposes during the ensuing budget year. The
legislative body, in the appropriation ordinance, may change any
estimated item from the figure submitted in the report of the fiscal
officer. The legislative body shall promptly act on the appropriation
ordinance. As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-3-5 Additional appropriations; decrease; ordinances
Sec. 5. After the passage of the appropriation ordinance, the town
legislative body may make further or additional appropriations by
ordinance, unless their result is to increase the tax levy set under
IC 6-1.1-17. The legislative body may, by ordinance, decrease any
appropriation set by ordinance. As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1980,
P.L.73, SEC.20.
IC 36-5-3-6 Waiver of compensation
Sec. 6. (a) As used in this section, "compensation" means the total
of all money paid to an elected town officer for performing duties as
a town officer, regardless of the source of funds from which the
money is paid. The term includes all employee benefits paid to a
town officer, including life insurance, health insurance, disability
insurance, retirement benefits, and pension benefits.
(b) A town officer may waive the officer's compensation for any
year by filing a notice that satisfies the following:
(1) The notice is in writing.
(2) The notice states in substance all of the following:
(A) The position held by the town officer.
(B) The calendar year covered by the notice.
(C) That the town officer waives compensation under this
section.
(D) That the town officer understands that the notice is
irrevocable beginning January 1 of the year covered by the
notice.
(3) The notice is signed by the town officer who wants to waive
compensation.
(c) A town officer who wants to waive compensation under this
section must file the notice with the town clerk-treasurer before
January 1 of the year covered by the notice.
(d) A notice filed under this section is irrevocable beginning
January 1 of the year covered by the notice.
(e) A town officer who files a notice under this section:
(1) is not entitled to compensation for duties performed in the
year covered by the notice; and
(2) may not be paid compensation for duties performed in the
year covered by the notice. As added by P.L.67-2001, SEC.1.
