2016 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 2. GOVERNMENT OF COUNTIES GENERALLY CHAPTER 2.7. REVERSION TO PREVIOUS COUNTY GOVERNMENT STRUCTURE
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IC 36-2-2.7
Chapter 2.7. Reversion to Previous County Government
Structure
IC 36-2-2.7-1
Application of chapter
Sec. 1. This chapter applies only to a county that has a population
of more than three hundred thousand (300,000) but less than four
hundred thousand (400,000).
As added by P.L.77-2014, SEC.16.
IC 36-2-2.7-2
"Single county executive"
Sec. 2. As used in this chapter, "single county executive" means
the single county executive elected under IC 3-10-2-13.
As added by P.L.77-2014, SEC.16.
IC 36-2-2.7-3
Reversion authorized
Sec. 3. A county that elects a single county executive under
IC 36-2-2.5 may, as provided in this chapter, revert to a county
government structure that has a board of county commissioners
rather than a single county executive.
As added by P.L.77-2014, SEC.16.
IC 36-2-2.7-4
Adoption of ordinance; certification; duty to place public question
on ballot
Sec. 4. (a) Subject to subsection (b), the county council may adopt
an ordinance providing that the voters of the county shall elect:
(1) a three (3) member board of county commissioners that has
the executive and legislative powers and duties of the county;
and
(2) a county council that has the fiscal powers and duties of the
county.
(b) An ordinance described in subsection (a) may be adopted
under this chapter only:
(1) during an odd-numbered year; or
(2) before July 1 of an even-numbered year.
(c) If an ordinance is adopted under this section:
(1) the county auditor shall certify the adoption of the ordinance
to the county election board; and
(2) a vote on a public question shall be held in the county under
section 5 of this chapter on whether the executive and
legislative structure and functions of the county should be
reorganized under section 6 of this chapter.
As added by P.L.77-2014, SEC.16.
Indiana Code 2016
IC 36-2-2.7-5
Form of question; certification; ballot placement; effect of
favorable vote on question
Sec. 5. (a) If an ordinance is certified under section 4 of this
chapter, the county election board shall place the following public
question on the ballot at the next general election held in the county
after the ordinance is certified:
"Shall the county government of (insert the name of the county)
County be reorganized to elect a board of county commissioners
rather than a single county executive?".
(b) IC 3, except where inconsistent with this chapter, applies to a
public question placed on the ballot under this chapter. A public
question under this chapter must be certified in accordance with
IC 3-10-9-3 and shall be placed on the ballot in accordance with
IC 3-10-9.
(c) If a majority of the voters of a county who vote on a public
question placed on the ballot under this section vote in favor of the
public question, the executive and legislative structure and functions
of the county shall be reorganized under section 6 of this chapter.
As added by P.L.77-2014, SEC.16.
IC 36-2-2.7-6
Transition to board of county commissioners; office of single
county executive abolished; transfer or assumption of tangible and
intangible property; staggered terms
Sec. 6. The following apply if a majority of the voters of a county
who vote on a public question placed on the ballot under section 5 of
this chapter vote in favor of the public question:
(1) The executive, the executive and legislative structure, and
the functions of the county are reorganized as provided in this
section.
(2) The voters of the county shall elect:
(A) a three (3) member board of county commissioners that
has the executive and legislative powers and duties of the
county; and
(B) a county council that has the fiscal powers and duties of
the county.
(3) The office of the board of county commissioners shall be
placed on the primary election ballot for the county in the year
of the second general election after the public question is
approved. The office of single county executive shall not be
placed on the primary election ballot for the county in the year
of the second general election after the public question is
approved.
(4) The office of the board of county commissioners shall be
placed on the general election ballot for the county at the
second general election after the public question is approved
and, except as provided in subdivision (6) to provide for
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staggered terms, every four (4) years thereafter. Beginning with
the second general election after the public question is
approved, the county shall not elect a single county executive.
(5) On January 1 in the year following the year that the board of
county commissioners is elected under this chapter, the
following occur:
(A) The office of single county executive is abolished, and
the term of the single county executive expires.
(B) The county is not subject to IC 36-2-2.5 and IC 36-2-3.7.
(C) The county executive is the board of county
commissioners elected under IC 36-2-2. The board of county
commissioners has all powers that are executive or
administrative in nature.
(D) The county legislative body is the board of county
commissioners, and all powers that are legislative in nature
are transferred from the county fiscal body to the board of
county commissioners.
(E) The county council is the county fiscal body.
(F) All property, assets, funds, equipment, records, rights,
contracts, obligations, and liabilities of the single county
executive are transferred to or assumed by the board of
county commissioners.
(6) Notwithstanding IC 36-2-2-3, to provide for staggered terms
of the members of the board of county commissioners elected
after the structure and functions of the county are reorganized
under this chapter, the county council may, before the primary
election described in subdivision (3), adopt an ordinance
specifying which of the three (3) board of county commissioner
members to be elected at the second general election after the
public question is approved shall serve an initial term of two (2)
years rather than four (4) years.
(7) The abolishment of the office of the single county executive
on January 1 following the year in which the board of county
commissioners is elected does not invalidate:
(A) any resolutions, fees, schedules, or other actions adopted
or taken by the single county executive before the office is
abolished; or
(B) any appointments made by the single county executive
before the office is abolished.
(8) Effective with the second general election after the public
question is approved under section 5 of this chapter, the county
council shall be elected with four (4) single-member county
council districts and three (3) at-large members under
IC 36-2-3-4. The county council shall divide the county into the
four (4) contiguous, single-member county council districts in
the manner specified in IC 36-2-3-4. The terms of all county
council members serving at the time of the second general
election after the public question is approved under section 5 of
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this chapter expire January 1 following the election.
Notwithstanding any other law, to provide for staggered terms
of the members of the county council, the county council may,
before the primary election preceding the general election at
which county council members will be elected as provided in
this subdivision, adopt an ordinance specifying which of the
members of the county council to be elected at the second
general election after the public question is approved shall serve
an initial term of two (2) years rather than four (4) years.
As added by P.L.77-2014, SEC.16.
Indiana Code 2016
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