2014 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 4. GOVERNMENT OF CITIES AND TOWNS GENERALLY CHAPTER 10. CITY CLERK AND FISCAL OFFICER
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IC 36-4-10
Chapter 10. City Clerk and Fiscal Officer
IC 36-4-10-1
Application of chapter
Sec. 1. This chapter applies to second and third class cities.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.44, SEC.50.
IC 36-4-10-2
City clerk or city clerk-treasurer; election; fiscal officer; term of
office; immunity
Sec. 2. (a) A city clerk shall be elected under IC 3-10-6 by the
voters of each second class city, and a city clerk-treasurer shall be
elected under IC 3-10-6 by the voters of each third class city.
(b) The city clerk or clerk-treasurer is the clerk of each city.
(c) The city controller appointed under IC 36-4-9-6 is the fiscal
officer of each second class city, and the city clerk-treasurer is the
fiscal officer of each third class city.
(d) The city controller of a second class city is not liable, in an
individual capacity, for any act or omission occurring in connection
with the performance of the city controller's duty as fiscal officer of
the second class city, unless the act or omission constitutes gross
negligence or an intentional disregard of the controller's duty.
(e) The term of office of a city clerk or clerk-treasurer is four (4)
years, beginning at noon on January 1 after election and continuing
until a successor is elected and qualified.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.44, SEC.51; P.L.5-1986, SEC.52; P.L.67-2002, SEC.5.
IC 36-4-10-2.5
Office space provided
Sec. 2.5. If office space exists in a building owned or leased by the
city, the city executive and legislative body shall provide office space
for:
(1) the clerk or clerk-treasurer; and
(2) the staff and records of the clerk or clerk-treasurer.
As added by P.L.69-1995, SEC.8.
IC 36-4-10-3
Clerk; eligibility; residence
Sec. 3. (a) A person is eligible to be the clerk only if the person
meets the qualifications prescribed by IC 3-8-1-28.
(b) Residency in territory that is annexed by the city before the
election is considered residency for the purposes of subsection (a),
even if the annexation takes effect less than one (1) year before the
election.
(c) The clerk must reside within the city as provided in Article 6,
Section 6 of the Constitution of the State of Indiana. The clerk
forfeits office if the clerk ceases to be a resident of the city.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.11, SEC.164; P.L.5-1986, SEC.53; P.L.3-1987, SEC.558.
IC 36-4-10-4
Clerk; duties
Sec. 4. The clerk shall do the following:
(1) Serve as clerk of the city legislative body under IC 36-4-6-9
and maintain custody of its records.
(2) Maintain all records required by law.
(3) Keep the city seal.
(4) As soon as a successor is elected and qualified, deliver to the
successor all the records and property of the clerk's office.
(5) Perform other duties prescribed by law.
(6) Administer oaths when necessary in the discharge of the
clerk's duties, without charging a fee.
(7) Take depositions, without charging a fee.
(8) Take acknowledgement of instruments that are required by
statute to be acknowledged, without charging a fee.
(9) Serve as clerk of the city 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.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.36-1986,
SEC.3; P.L.189-1988, SEC.1; P.L.33-1998, SEC.9; P.L.98-2004,
SEC.160.
IC 36-4-10-4.5
Third class cities; fiscal officer; duties
Sec. 4.5. (a) This section applies to third class cities.
(b) The fiscal officer is the head of the city department of finance.
The fiscal officer shall do the following:
(1) Receive and care for all city money and pay the money out
only on order of the approving body.
(2) Keep accounts showing when and from what sources the
fiscal officer has received city money and when and to whom
the fiscal officer has paid out city money.
(3) Prescribe payroll and account forms for all city offices.
(4) Prescribe the manner in which creditors, officers, and
employees shall be paid.
(5) Manage the finances and accounts of the city and make
investments of city money.
(6) Prepare for the legislative body the budget estimates of
miscellaneous revenue, financial statements, and the proposed
tax rate.
(7) Issue all licenses authorized by statute and collect the fees
fixed by ordinance.
(8) Serve as clerk of the board of public works by attending
meetings, preparing agendas, and recording proceedings.
(9) Perform all other duties prescribed by statute.
(c) A fiscal officer is not liable in an individual capacity for an act
or omission occurring in connection with the performance of the
duties prescribed by subsection (b), unless the act or omission
constitutes gross negligence or an intentional disregard of the fiscal
officer’s duties.
As added by P.L.189-1988, SEC.2. Amended by P.L.35-1999, SEC.6.
IC 36-4-10-5
Second class cities; fiscal officer; duties
Sec. 5. (a) This section applies to second class cities.
(b) The fiscal officer is the head of the city department of finance.
The fiscal officer shall do the following:
(1) Prescribe the form of reports and accounts to be submitted
to the department.
(2) Sign and issue all warrants on the city treasury.
(3) Audit and revise all accounts and trusts in which the city is
concerned.
(4) Keep separate accounts for each item of appropriation made
for each city department, including a statement showing the
amount drawn on each appropriation, the unpaid contracts
charged against it, and the balance remaining.
(5) At the end of each fiscal year, submit under oath to the city
legislative body a report of the accounts of the city published in
pamphlet form and showing revenues, receipts, expenditures,
and the sources of revenues.
(6) Maintain custody of the records of the department and turn
them over to the fiscal officer's successor in office.
(7) Perform duties prescribed by statute concerning the
negotiation of city bonds, notes, and warrants.
(8) Keep a register of bonds of the city and of transfers of those
bonds.
(9) Manage the finances and accounts of the city and make
investments of city money, subject to the ordinances of the
legislative body.
(10) Issue city licenses on payment of the license fee.
(11) Collect fees as fixed by ordinance.
(12) Pay into the city treasury, once each week, all fees and
other city money collected by the department during the
preceding week, specifying the source of each item.
(13) Prescribe payroll and account forms for all city offices.
(14) Prescribe the manner in which salaries shall be drawn.
(15) Prescribe the manner in which creditors, officers, and
employees shall be paid.
(16) Provide that all salaries are payable monthly, unless the
legislative body establishes more frequent payments.
(17) Notify the city executive of the failure of any city officer
to collect money due the city or to pay city money into the city
treasury.
(18) Draw warrants on the city treasury for miscellaneous city
expenditures not made under the direction of a department and
not specifically fixed by statute.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.189-1988,
SEC.3.
IC 36-4-10-5.5
Employment of attorneys or legal research assistants
Sec. 5.5. (a) A clerk or clerk-treasurer may hire or contract with
competent attorneys or legal research assistants on terms the clerk or
clerk-treasurer considers appropriate.
(b) Employment of an attorney under this section does not affect
a city department of law established under IC 36-4-9-4.
(c) Appropriations for the salaries of attorneys and legal research
assistants employed under this section shall be approved in the annual
budget and must be allocated to the clerk or clerk-treasurer for the
payment of attorney's and legal research assistant's salaries.
As added by P.L.69-1995, SEC.9. Amended by P.L.34-1999, SEC.2.
IC 36-4-10-6
Repealed
(Repealed by P.L.173-2003, SEC.41.)
IC 36-4-10-7
Third class cities; clerk's deputies and employees
Sec. 7. (a) This section applies to third class cities.
(b) The clerk shall appoint the number of deputies and employees
needed for the effective operation of the office, with the approval of
the city legislative body. The clerk's deputies and employees serve at
the clerk's pleasure.
(c) If a city owns a utility and the clerk is directly responsible for
the billing and collection of that utility's rates and charges, the clerk
shall appoint those employees who are also responsible for that
billing and collection. These employees serve at the clerk's pleasure.
(d) Whenever the city court judge does not serve as clerk of the
city court or appoint a clerk to serve as clerk of the city court under
IC 33-35-3-1, the clerk shall serve as clerk of the city court.
As added by P.L.189-1988, SEC.4. Amended by P.L.33-1998,
SEC.10; P.L.98-2004, SEC.161.
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