2014 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 2. GOVERNMENT OF COUNTIES GENERALLY CHAPTER 3. COUNTY FISCAL BODY
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IC 36-2-3
Chapter 3. County Fiscal Body
IC 36-2-3-1
Application of chapter
Sec. 1. This chapter applies to all counties not having a
consolidated city.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,
P.L.11, SEC.141.
IC 36-2-3-2
County council to be county fiscal body
Sec. 2. (a) The seven (7) member county council elected under this
chapter is the county fiscal body. The fiscal body shall act in the
name of "The _________ County Council".
(b) Notwithstanding subsection (a), in a county having a
population of more than two hundred fifty thousand (250,000) but
less than two hundred seventy thousand (270,000), the county council
has nine (9) members.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,
P.L.11, SEC.142; P.L.12-1992, SEC.152; P.L.119-2012, SEC.181.
IC 36-2-3-3
Election of fiscal body; terms
Sec. 3. (a) The fiscal body shall be elected under IC 3-10-2-13.
Except in a county having only single-member districts, members
elected from districts and at large members, respectively, are to be
elected in alternate, succeeding general elections under section 4 of
this chapter. In a county having only single-member districts, the
terms of the members are staggered as was provided by law before
September 1, 1980.
(b) The term of office of a member of the fiscal body is four (4)
years, beginning January 1 after election and continuing until a
successor is elected and qualified.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,
P.L.11, SEC.143; P.L.5-1986, SEC.35.
IC 36-2-3-4
Election of fiscal body; division of county into districts;
single-member district criteria; recertification of districts; filing
with circuit court clerk; time for filing; district boundary
description prevails over conflicting map
Sec. 4. (a) This subsection does not apply to a county having a
population of:
(1) more than four hundred thousand (400,000) but less than
seven hundred thousand (700,000); or
(2) more than two hundred fifty thousand (250,000) but less
than two hundred seventy thousand (270,000).
Except as provided in section 4.1 of this chapter, the county
executive shall, by ordinance, divide the county into four (4)
contiguous, single-member districts that comply with subsection (d).
If necessary, the county auditor shall call a special meeting of the
executive to establish or revise districts. One (1) member of the fiscal
body shall be elected by the voters of each of the four (4) districts.
Three (3) at-large members of the fiscal body shall be elected by the
voters of the whole county.
(b) This subsection applies to a county having a population of
more than four hundred thousand (400,000) but less than seven
hundred thousand (700,000). The county redistricting commission
established under IC 36-2-2-4 shall divide the county into seven (7)
single-member districts that comply with subsection (d). One (1)
member of the fiscal body shall be elected by the voters of each of
these seven (7) single-member districts.
(c) This subsection applies to a county having a population of
more than two hundred fifty thousand (250,000) but less than two
hundred seventy thousand (270,000). The fiscal body shall divide the
county into nine (9) single-member districts that comply with
subsection (d). Three (3) of these districts must be contained within
each of the three (3) districts established under IC 36-2-2-4(c). One
(1) member of the fiscal body shall be elected by the voters of each
of these nine (9) single-member districts.
(d) Single-member districts established under subsection (a), (b),
or (c) must:
(1) be compact, subject only to natural boundary lines (such as
railroads, major highways, rivers, creeks, parks, and major
industrial complexes);
(2) not cross precinct boundary lines;
(3) contain, as nearly as possible, equal population; and
(4) include whole townships, except when a division is clearly
necessary to accomplish redistricting under this section.
(e) Except as provided by subsection (g), a division under
subsection (a), (b), or (c) shall be made:
(1) during the first year after a year in which a federal decennial
census is conducted; and
(2) when the county executive adopts an order declaring a
county boundary to be changed under IC 36-2-1-2.
(f) A division under subsection (a), (b), or (c) may be made in any
odd-numbered year not described in subsection (e). In a county in
which a public question is approved under IC 36-2-2.7-5, a division
under subsection (a) shall be made by the county council during the
year before county council members will be elected under
IC 36-2-2.7-6(8).
(g) This subsection applies during the first year after a year in
which a federal decennial census is conducted. If the county
executive, county redistricting commission, or county fiscal body
determines that a division under subsection (e) is not required, the
county executive, county redistricting commission, or county fiscal
body shall adopt an ordinance recertifying that the districts as drawn
comply with this section.
(h) Each time there is a division under subsection (e) or (f) or a
recertification under subsection (g), the county executive, county
redistricting commission, or county fiscal body shall file with the
circuit court clerk of the county, not later than thirty (30) days after
the division or recertification occurs, a map of the district boundaries:
(1) adopted under subsection (e) or (f); or
(2) recertified under subsection (g).
(i) The limitations set forth in this section are part of the
ordinance, but do not have to be specifically set forth in the
ordinance. The ordinance must be construed, if possible, to comply
with this chapter. If a provision of the ordinance or an application of
the ordinance violates this chapter, the invalidity does not affect the
other provisions or applications of the ordinance that can be given
effect without the invalid provision or application. The provisions of
the ordinance are severable.
(j) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in the
ordinance;
the district boundaries are the description of the boundaries set forth
in the ordinance, not the boundaries shown on the map, to the extent
there is a conflict between the description and the map.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,
P.L.11, SEC.144; Acts 1981, P.L.17, SEC.10; Acts 1981, P.L.5,
SEC.2; P.L.10-1988, SEC.237; P.L.13-1988, SEC.14; P.L.5-1989,
SEC.88; P.L.12-1992, SEC.153; P.L.122-2000, SEC.21;
P.L.230-2005, SEC.83; P.L.119-2012, SEC.182; P.L.271-2013,
SEC.47; P.L.77-2014, SEC.17.
IC 36-2-3-4.1
Election of county fiscal body in county with single county
executive; division of county into districts; district criteria;
redistricting
Sec. 4.1. (a) This section applies only to a county:
(1) that has a population of more than three hundred thousand
(300,000) but less than four hundred thousand (400,000); and
(2) in which a public question under IC 36-2-2.4 making the
county executive a single county executive has been approved
by the voters of the county.
(b) Effective for the 2018 general election, the county fiscal body
shall by ordinance divide the county into nine (9) contiguous,
single-member districts that comply with subsection (c). One (1)
member of the fiscal body shall be elected by the voters of each of
the nine (9) districts.
(c) Single-member districts established under subsection (b) must:
(1) be compact, subject only to natural boundary lines (such as
railroads, major highways, rivers, creeks, parks, and major
industrial complexes);
(2) not cross precinct boundary lines;
(3) contain, as nearly as possible, equal population;
(4) include whole townships, except when a division is clearly
necessary to accomplish redistricting under this section;
(5) consider how communities of interest within the county can
best be represented; and
(6) be drawn so as to provide at least one (1) representative to
each distinct community of interest to the extent practicable and
not inconsistent with other applicable law.
(d) A division under subsection (b) shall be made:
(1) effective for the 2018 general election; and
(2) whenever the county executive adopts an order declaring a
county boundary to be changed under IC 36-2-1-2.
(e) After a division is initially made under subsection (b), another
division may be made in any odd-numbered year not described in
subsection (d).
As added by P.L.77-2014, SEC.18.
IC 36-2-3-4.5
Territory not included in any district
Sec. 4.5. (a) If any territory in any county is not included in one
(1) of the districts established under section 4 of this chapter, the
territory is included in the district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to
that territory.
(b) If any territory in any county is included in more than one (1)
of the districts established under section 4 of this chapter, the territory
is included in the district that:
(1) is one (1) of the districts in which the territory is described
in the ordinance adopted under section 4 of this chapter;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to
that territory.
As added by P.L.3-1993, SEC.258.
IC 36-2-3-4.7
Ordinance for division of county into districts
Sec. 4.7. (a) Whenever the county executive or the county fiscal
body divides the county into districts under section 4 of this chapter,
the county executive or the county fiscal body shall adopt an
ordinance.
(b) The county executive or the county fiscal body shall file a
copy of an ordinance adopted under subsection (a) with the circuit
court clerk.
As added by P.L.3-1993, SEC.259.
IC 36-2-3-5
Election of fiscal body; prerequisites; forfeiture of office
Sec. 5. (a) To be eligible to serve as a member of the fiscal body,
a person must meet the qualifications prescribed by IC 3-8-1-22.
(b) A member of the fiscal body must reside within:
(1) the county as provided in Article 6, Section 6 of the
Constitution of the State of Indiana; and
(2) the district from which the member was elected, if
applicable.
(c) A member who fails to comply with subsection (b) forfeits the
office.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,
P.L.11, SEC.145; Acts 1981, P.L.17, SEC.11; P.L.5-1986, SEC.36;
P.L.3-1987, SEC.543; P.L.225-2011, SEC.91; P.L.90-2012, SEC.5.
IC 36-2-3-6
Election of president and president pro tempore; county auditor to
serve as clerk; execution of orders by sheriff; employment of legal
and administrative personnel
Sec. 6. (a) At its regular meeting required by section 7(b)(1) of
this chapter, the fiscal body shall elect a president and president pro
tempore from its members.
(b) The county auditor is the clerk of the fiscal body and shall:
(1) preserve the fiscal body's records in his office;
(2) keep an accurate record of the fiscal body's proceedings;
(3) record the ayes and nays on each vote appropriating money
or fixing the rate of a tax levy; and
(4) record the ayes and nays on other votes when requested to
do so by two (2) or more members.
(c) The county sheriff or a county police officer shall attend the
meetings of the fiscal body, if requested by the fiscal body, and shall
execute its orders.
(d) The fiscal body may employ legal and administrative
personnel necessary to assist and advise it in the performance of its
functions and duties.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980,
P.L.125, SEC.18; Acts 1981, P.L.17, SEC.12; P.L.131-1983, SEC.12.
IC 36-2-3-7
Meetings; location; duties; special meetings; notice; emergency
meetings
Sec. 7. (a) The fiscal body shall hold its meetings in the county
seat, in the county auditor's office, or in another location provided by
the county executive and approved by the fiscal body.
(b) The fiscal body:
(1) shall hold a regular meeting in January after its election, for
the purpose of organization and other business;
(2) shall hold a regular meeting annually, as prescribed by
IC 6-1.1-17, to adopt the county's annual budget and tax rate;
(3) may hold a special meeting under subsection (c) or (d); and
(4) in the case of a county subject to IC 36-2-3.5, shall hold
meetings at a regularly scheduled time each month that does not
conflict with the meetings of the county executive.
(c) A special meeting of the fiscal body may be called:
(1) by the county auditor or the president of the fiscal body; or
(2) by a majority of the members of the fiscal body.
At least forty-eight (48) hours before the meeting, the auditor,
president, or members calling the meeting shall give written notice of
the meeting to each member of the fiscal body and publish, at least
one (1) day before the meeting, the notice in accordance with
IC 5-3-1-4. This subsection does not apply to a meeting called to deal
with an emergency under IC 5-14-1.5-5.
(d) If a court orders the county auditor to make an expenditure of
county money for a purpose for which an appropriation has not been
made, the auditor shall immediately call an emergency meeting of the
fiscal body to discuss the matter. Notwithstanding subsection (c), the
meeting must be held within three (3) working days of the receipt of
the order by the auditor, and notice of the meeting day, time, and
places is sufficient if:
(1) given by telephone to the members of the fiscal body; and
(2) given according to IC 5-14-1.5.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980,
P.L.125, SEC.19; Acts 1981, P.L.11, SEC.146; Acts 1981, P.L.17,
SEC.13; Acts 1982, P.L.33, SEC.17.
IC 36-2-3-8
Adverse interest; forfeiture
Sec. 8. A member of the fiscal body who purchases a bond, order,
claim, or demand against the county for less than its face value shall
forfeit it to the county and may not enforce it by legal action.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-3-9
Expulsion of member of fiscal body; declaring seat of member
vacant; procedure
Sec. 9. The fiscal body may:
(1) expel any member for violation of an official duty;
(2) declare the seat of any member vacant if he is unable or fails
to perform the duties of his office; and
(3) adopt its own rules to govern proceedings under this section,
but a two-thirds (2/3) vote is required to expel a member or
vacate his seat.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-3-10
Employment of attorney to represent and advise fiscal body
Sec. 10. (a) The fiscal body may employ and fix the compensation
of an attorney to represent and advise the fiscal body.
(b) For the purposes of Section 9, Article 2 of the Constitution of
the State of Indiana, employment by a county fiscal body as an
attorney does not constitute a lucrative office.
As added by P.L.137-1989, SEC.13.
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