2014 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 3. GOVERNMENT OF INDIANAPOLIS AND MARION COUNTY (UNIGOV) CHAPTER 5. APPOINTED OFFICERS, DEPARTMENTS, AND BOARDS
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IC 36-3-5
Chapter 5. Appointed Officers, Departments, and Boards
IC 36-3-5-1
Application of chapter
Sec. 1. This chapter applies to each consolidated city and its
county.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-5-2
Deputies and directors; acting deputies and directors; controller
and deputy controllers; corporation counsel
Sec. 2. (a) The executive shall appoint each of the executive's
deputies and the director of each department of the consolidated city.
The executive's initial appointment of a deputy or director is subject
to the approval of the city-county legislative body. A deputy or
director is appointed for a term of one (1) year and until a successor
is appointed and qualified, but serves at the pleasure of the executive.
(b) When making an appointment under subsection (a) to fill an
office that has been vacated, the executive shall submit the name of
an appointee to an office to the legislative body for its approval not
more than forty-five (45) days after the vacancy occurs.
(c) The executive may appoint an acting deputy or acting director
whenever the incumbent is incapacitated or the office has been
vacated. An acting deputy or acting director has all the powers of the
office.
(d) The executive shall appoint:
(1) a controller;
(2) two (2) deputy controllers, only one (1) of whom may be
from the same political party as the executive; and
(3) a corporation counsel;
each of whom serves at the pleasure of the executive.
(e) The corporation counsel and every attorney who is a city
employee working for the corporation counsel must be a resident of
the county and admitted to the practice of law in Indiana.
As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.334-1985,
SEC.1; P.L.227-2005, SEC.21; P.L.266-2013, SEC.9.
IC 36-3-5-2.5
Controller as fiscal officer and director of office of finance and
management; county treasurer as ex officio treasurer
Sec. 2.5. (a) The controller appointed under section 2 of this
chapter is:
(1) the fiscal officer of:
(A) the consolidated city; and
(B) the county; and
(2) the director of the office of finance and management under
section 2.7 of this chapter.
(b) The county treasurer serves ex officio as the treasurer of the
consolidated city.
As added by Acts 1981, P.L.11, SEC.158. Amended by P.L.227-2005,
SEC.22.
IC 36-3-5-2.6
Immunity of controller and deputy controllers; exception for gross
negligence
Sec. 2.6. The:
(1) controller is not liable, in an individual capacity, for any act
or omission occurring in connection with the performance of the
controller's duty as a fiscal officer of:
(A) the consolidated city; and
(B) the county; and
(2) deputy controller is not liable, in an individual capacity, for
any act or omission occurring in connection with the
performance of the deputy controller's duty;
unless the act or omission constitutes gross negligence or an
intentional disregard of the controller's or the deputy controller's
duty.
As added by P.L.67-2002, SEC.4. Amended by P.L.227-2005,
SEC.23.
IC 36-3-5-2.7
Office of finance and management; responsibilities; controller
serves as director
Sec. 2.7. (a) The office of finance and management is established
and is responsible for:
(1) budgeting, except as provided in subsection (c);
(2) financial reporting and audits;
(3) purchasing; and
(4) fixed assets;
for all city and county departments, offices, and agencies.
(b) The controller:
(1) serves as the director of; and
(2) may organize into divisions;
the office of finance and management.
(c) The office of finance and management is not responsible for
the issuance of warrants for payments from county and city funds.
As added by P.L.227-2005, SEC.24.
IC 36-3-5-2.8
Powers and duties of controller
Sec. 2.8. (a) Except as provided in subsections (b) and (c), the
controller:
(1) has all the powers; and
(2) performs all the duties;
of the county auditor under law.
(b) The controller:
(1) does not have the powers; and
(2) may not perform the duties;
of the county auditor under IC 36-2-9.5 and IC 36-3-6, or as a
member of the board of commissioners of the county under
IC 36-3-3-10.
(c) Notwithstanding subsection (a) or any other law, the executive,
with the approval of the legislative body, may allocate the duties of
the county auditor, except the duties referred to in subsection (b),
among:
(1) the controller;
(2) the county assessor;
(3) the county auditor; or
(4) other appropriate city or county officials.
As added by P.L.227-2005, SEC.25.
IC 36-3-5-3
Deputy mayors; number; nature of office
Sec. 3. (a) The city-county legislative body shall, by ordinance, fix
the number of deputy mayors of the consolidated city and the county.
(b) A deputy mayor serves as a deputy of the executive and has
only the powers delegated to him by the executive in accord with
ordinances of the legislative body, except when he is designated as
acting executive under IC 36-3-3-3.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-5-4
Establishment; powers and duties of executive departments;
department of public utilities
Sec. 4. (a) The following executive departments of the
consolidated city are established, subject to IC 36-3-4-23:
(1) Department of administration and equal opportunity.
(2) Department of metropolitan development.
(3) Department of public safety.
(4) Department of public works.
(5) Department of transportation.
(6) Department of parks and recreation.
These departments and their divisions have all the powers, duties,
functions, and obligations prescribed by law for them as of August
31, 1981, subject to IC 36-3-4-23.
(b) The department of public utilities established under
IC 8-1-11.1 continues as an agency of the consolidated city, which is
the successor trustee of a public charitable trust created under Acts
1929, c. 78. The department of public utilities is governed under
IC 8-1-11.1 and is not subject to this article.
As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1981,
P.L.17, SEC.18; P.L.227-2005, SEC.26.
IC 36-3-5-5
Director of department as chief administrative officer; divisions;
appointment of administrator; powers of director
Sec. 5. (a) The director of a department is its chief administrative
officer and shall exercise the powers of the department, subject to the
authority granted to any board or commission in the department.
(b) A department may be administratively organized by divisions.
If it is, the director shall, subject to the approval of the executive,
appoint an administrator to be the head of each division, unless this
title provides that the appointment be made otherwise. An
administrator serves at the pleasure of the executive.
(c) The director of a department may:
(1) approve the hiring and dismissal of the administrator of each
division and all other personnel of the department, subject to
limitations prescribed by this title and rules adopted by the
executive; and
(2) delegate to personnel of the department authority to act on
his behalf.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-5-6
Establishment; powers and duties; membership of administrative
boards; metropolitan development commission
Sec. 6. (a) Administrative boards are established in the
departments listed in sections 4(a)(3), 4(a)(4), 4(a)(5), and 4(a)(6) of
this chapter, to be known respectively as the board of public safety,
the board of public works, the board of transportation, and the board
of parks and recreation. These boards have all the powers, duties,
functions, and obligations prescribed by law for them as of August
31, 1981, subject to IC 36-3-4-23. In addition, the metropolitan
development commission, which is established in the department of
metropolitan development by IC 36-7-4-202, has all the powers,
duties, functions, and obligations prescribed by law for it as of
August 31, 1981, subject to IC 36-3-4-23.
(b) Each board established under this section is composed of five
(5) members as follows:
(1) The director of its department, who serves as presiding
officer of the board.
(2) Two (2) members appointed by the executive.
(3) Two (2) members appointed by the city-county legislative
body.
A member appointed under subdivision (2) or (3) is appointed for a
term of one (1) year and until his successor is appointed and
qualified, but serves at the pleasure of the appointing authority.
As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1981,
P.L.17, SEC.19.
IC 36-3-5-7
Administrative boards; meetings; notice; quorum; majority vote
Sec. 7. (a) This section applies to each board established under
section 6 of this chapter.
(b) A board shall hold regular meetings at least once a month, at
times and places prescribed by its rules or established by resolution.
(c) A special meeting of a board shall be held when called by its
presiding officer or when called by at least two-fifths (2/5) of its
members, at any place in the county designated in the call.
(d) No notice of a regular meeting, or meeting required by statute,
need be given to a member of a board. For a special meeting, a
written notice specifying the time and place of the meeting must be
delivered, mailed, or sent by telegram to all members so that each
member has at least seventy-two (72) hours notice of the meeting.
However, this requirement is waived as to a member if he:
(1) attends the meeting; or
(2) executes a written waiver of notice of the time and place of
the meeting.
A written waiver of notice may be executed before or after the
meeting, but it must state in general terms the purpose of the meeting
if executed after the meeting.
(e) A majority of all the members of a board constitutes a quorum.
(f) A majority vote of all the members of a board is required to
pass a resolution.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-5-8
Special taxing district; power to issue bonds, notes, or warrants;
approval; issuance procedure
Sec. 8. (a) This section applies whenever a special taxing district
of the consolidated city has the power to issue bonds, notes, or
warrants.
(b) Before any bonds, notes, or warrants of a special taxing district
may be issued, the issue must be approved by resolution of the
legislative body of the consolidated city.
(c) Any bonds of a special taxing district must be issued in the
manner prescribed by statute for that district, and the board of the
department having jurisdiction over the district shall:
(1) hold all required hearings;
(2) adopt all necessary resolutions; and
(3) appropriate the proceeds of the bonds;
in that manner. However, the legislative body shall levy each year the
special tax required to pay the principal of and interest on the bonds
and any bank paying charges.
(d) Notwithstanding any other statute, bonds of a special taxing
district may:
(1) be dated;
(2) be issued in any denomination;
(3) except as otherwise provided by IC 5-1-14-10, mature at any
time or times not exceeding fifty (50) years after their date; and
(4) be payable at any bank or banks;
as determined by the board. The interest rate or rates that the bonds
will bear must be determined by bidding, notwithstanding
IC 5-1-11-3.
(e) Bonds of a special taxing district are subject to the provisions
of IC 5-1 and IC 6-1.1-20 relating to the following:
(1) The filing of a petition requesting the issuance of bonds and
giving notice of the petition.
(2) The giving of notice of a hearing on the appropriation of the
proceeds of bonds.
(3) The right of taxpayers to appear and be heard on the
proposed appropriation.
(4) The approval of the appropriation by the department of local
government finance.
(5) The right of:
(A) taxpayers and voters to remonstrate against the issuance
of bonds in the case of a proposed bond issue described by
IC 6-1.1-20-3.1(a); or
(B) voters to vote on the issuance of bonds in the case of a
proposed bond issue described by IC 6-1.1-20-3.5(a).
(6) The sale of bonds at public sale.
(7) The maximum term or repayment period provided by
IC 5-1-14-10.
As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.90-2002,
SEC.470; P.L.219-2007, SEC.113; P.L.146-2008, SEC.703.
IC 36-3-5-9
Standard forms for use in transaction of business
Sec. 9. The controller shall furnish standard forms for use in the:
(1) transaction of business; and
(2) performance of services for which the consolidated city or
county receives a specific fee.
As added by P.L.227-2005, SEC.27.
IC 36-3-5-10
Suits against principals and sureties on obligations
Sec. 10. The controller, in the name of the state and on behalf of
any fund of the county or consolidated city, may sue principals or
sureties on any obligation, whether the obligation is in the name of
the state or another person.
As added by P.L.227-2005, SEC.28.
IC 36-3-5-11
Treasurer's report; filing
Sec. 11. The controller shall:
(1) immediately file the original of the county treasurer's
monthly report under IC 36-2-10-16 with the records of the
county board of finance;
(2) present one (1) copy of the report to the legislative body of
the consolidated city at its next regular meeting; and
(3) immediately transmit one (1) copy of the report to the state
board of accounts.
As added by P.L.227-2005, SEC.29.
IC 36-3-5-12
Personal liability for penalties and interest assessed by Internal
Revenue Service; reimbursement
Sec. 12. (a) Except as provided in subsection (b), if the controller
is held personally liable for penalties and interest assessed by the
Internal Revenue Service, the county treasurer shall reimburse the
controller in an amount equal to the penalties and interest.
(b) The county treasurer may not reimburse the controller under
subsection (a) if the controller willfully or intentionally fails or
refuses to file a return or make a required deposit on the date the
return or deposit is due.
As added by P.L.227-2005, SEC.30.
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