2016 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 5. GOVERNMENT OF TOWNS CHAPTER 6. TOWN CLERK-TREASURER
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IC 36-5-6
Chapter 6. Town Clerk-Treasurer
IC 36-5-6-1
Application of chapter
Sec. 1. This chapter applies to all towns.
As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-6-2
Clerk and fiscal officer
Sec. 2. The clerk-treasurer elected under this chapter is both the
town clerk and the town fiscal officer.
As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-6-3
Residency; term of office
Sec. 3. (a) The clerk-treasurer must reside within the town as
provided in Article 6, Section 6 of the Constitution of the State of
Indiana. The clerk-treasurer forfeits office if the clerk-treasurer
ceases to be a resident of the town.
(b) Except as provided in subsection (c), (d), (e), or (f), the term
of office of the clerk-treasurer is four (4) years, beginning at noon
January 1 after election and continuing until a successor is elected
and qualified.
(c) The term of office of a clerk-treasurer elected under
IC 36-5-1-10.1 following the incorporation of the town:
(1) begins at noon November 30 following the election; and
(2) continues until noon January 1 following the next municipal
election scheduled under IC 3-10-6-5 or IC 3-10-7-6 and until
the clerk-treasurer's successor is elected and qualified.
(d) The term of office of a clerk-treasurer subject to an ordinance
described by IC 3-10-6-2.6 is:
(1) one (1) year if the clerk-treasurer is elected at the next
municipal election not conducted in a general election year; and
(2) four (4) years for the successors of the clerk-treasurer
described in subdivision (1);
beginning at noon January 1 after the clerk-treasurer's election and
continuing until the clerk-treasurer's successor is elected and
qualified.
(e) The term of office of a clerk-treasurer subject to an ordinance
described by IC 3-10-7-2.7 is:
(1) three (3) years if the clerk-treasurer is elected at the next
municipal election not conducted in a general election year; and
(2) four (4) years for the successors of the clerk-treasurer
described in subdivision (1);
beginning noon January 1 after the clerk-treasurer's election and
continuing until the clerk-treasurer's successor is elected and
qualified.
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(f) The term of office of a clerk-treasurer subject to an ordinance
described by IC 3-10-7-2.9 is:
(1) the term of office provided by the ordinance, not to exceed
four (4) years, for the clerk-treasurer elected in the first election
cycle after adoption of the ordinance; and
(2) four (4) years for the successors of the clerk-treasurer
described in subdivision (1).
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.3-1987,
SEC.562; P.L.3-1993, SEC.277; P.L.4-1996, SEC.104;
P.L.109-2015, SEC.61.
IC 36-5-6-4
Election
Sec. 4. The clerk-treasurer shall be elected under IC 3-10-6 or
IC 3-10-7 by the voters of the whole town.
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.5-1986,
SEC.56.
IC 36-5-6-5
Oaths, depositions, and acknowledgments
Sec. 5. The clerk-treasurer may administer oaths, take depositions,
and take acknowledgments of instruments required by statute to be
acknowledged.
As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-6-5.1
Office space provided
Sec. 5.1. If office space exists in a building owned or leased by
the town, the legislative body shall provide suitable office space for
the:
(1) clerk-treasurer; and
(2) staff and records of the clerk-treasurer.
As added by P.L.69-1995, SEC.12.
IC 36-5-6-6
Powers and duties
Sec. 6. (a) The clerk-treasurer shall do the following:
(1) Receive and care for all town money and pay the money out
only on order of the town legislative body.
(2) Keep accounts showing when and from what sources the
clerk-treasurer has received town money and when and to
whom the clerk-treasurer has paid out town money.
(3) Prescribe payroll and account forms for all town offices.
(4) Prescribe the manner in which creditors, officers, and
employees shall be paid.
(5) Manage the finances and accounts of the town and make
investments of town money.
(6) Prepare for the legislative body the budget estimates of
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miscellaneous revenue, financial statements, and the proposed
tax rate.
(7) Maintain custody of the town seal and the records of the
legislative body.
(8) Issue all licenses authorized by statute and collect the fees
fixed by ordinance.
(9) Serve as clerk of the legislative body by attending its
meetings and recording its proceedings.
(10) Administer oaths, take depositions, and take
acknowledgment of instruments that are required by statute to
be acknowledged, without charging a fee.
(11) Serve as clerk of the town court under IC 33-35-3-2, if the
judge of the court does not serve as clerk of the court or appoint
a clerk of the court under IC 33-35-3-1.
(12) Perform all other duties prescribed by statute.
(b) A clerk-treasurer is not liable, in an individual capacity, for
any act or omission occurring in connection with the performance of
the requirements set forth in subsection (a), unless the act or
omission constitutes gross negligence or an intentional disregard of
the requirements.
As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1981,
P.L.17, SEC.27; P.L.189-1988, SEC.5; P.L.10-1997, SEC.33;
P.L.33-1998, SEC.11; P.L.98-2004, SEC.162.
IC 36-5-6-7
Deputies and employees
Sec. 7. (a) The clerk-treasurer shall appoint the number of
deputies and employees needed for the effective operation of the
office, with the approval of the town legislative body. The
clerk-treasurer's deputies and employees serve at the clerk-treasurer's
pleasure.
(b) If a town owns a utility and the clerk-treasurer is directly
responsible for the billing and collection of that utility's rates and
charges, the clerk-treasurer shall appoint those employees who are
also responsible for that billing and collection. These employees
serve at the clerk-treasurer's pleasure.
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.189-1988,
SEC.6.
IC 36-5-6-8
Employment of attorneys or legal research assistants
Sec. 8. (a) A clerk-treasurer may hire or contract with competent
attorneys or legal research assistants on terms the clerk-treasurer
considers appropriate.
(b) Appropriations for the salaries of attorneys and legal research
assistants employed under this section shall be approved in the
annual budget.
(c) Appropriations for the salaries of attorneys and legal research
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assistants employed under this section shall be approved in the
annual budget and must be allocated to the clerk-treasurer for the
payment of attorneys' and legal research assistants' salaries.
As added by P.L.69-1995, SEC.13. Amended by P.L.98-2000,
SEC.24.
IC 36-5-6-9
Vacancy in office
Sec. 9. (a) This section applies if an office of town clerk-treasurer
is vacant and the town legislative body is unable to fill the office
under IC 3-13-9-3.
(b) The town legislative body may select a town legislative body
member, who shall assume the duties of the office of town
clerk-treasurer. For purposes of Article 2, Section 9 of the
Constitution of the State of Indiana and Indiana law, if a town
legislative body member serves as the ex officio town clerk-treasurer,
the duties assumed by the town legislative body member:
(1) are considered part of the duties prescribed by law for the
office of town legislative body member; and
(2) are not considered a second office.
A town legislative body member may not receive any additional
compensation for assuming the duties of the town clerk treasurer.
(c) The town legislative body may enter into an interlocal
agreement under IC 36-1-7 with the town clerk-treasurer and town
legislative body of another town in the state to assist the town
legislative body member selected under subsection (b) in performing
the duties of the clerk-treasurer's office. The agreement may not last
longer than the remainder of the vacant clerk-treasurer's term and
must meet the requirements of IC 36-1-7.
(d) If an agreement cannot be reached under subsection (c), the
town legislative body may enter into a contract with a certified public
accountant to assist the town legislative body member selected under
subsection (b) in performing the duties of the clerk-treasurer's office.
The contract may not last longer than the remainder of the vacant
clerk-treasurer's term.
As added by P.L.120-2015, SEC.3.
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