2014 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 4. GOVERNMENT OF CITIES AND TOWNS GENERALLY CHAPTER 8. MISCELLANEOUS CITY FISCAL AND ADMINISTRATIVE PROVISIONS
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IC 36-4-8
Chapter 8. Miscellaneous City Fiscal and Administrative
Provisions
IC 36-4-8-1
Application of chapter
Sec. 1. This chapter applies to all cities.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-8-2
Warrants; conditions and purposes of issuance
Sec. 2. Money may be paid out of the city treasury only on
warrant of the city fiscal officer. Unless a statute provides otherwise,
the fiscal officer may draw a warrant against a fund of the city only
if:
(1) an appropriation has been made for that purpose and the
appropriation is not exhausted;
(2) the warrant is for a salary fixed by statute or ordinance;
(3) the warrant is for a claim allowed under section 5 of this
chapter;
(4) he is ordered to issue the warrant under section 3 of this
chapter;
(5) the warrant is for payment of a judgment that the city must
pay; or
(6) the warrant is for interest due on city bonds.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1982,
P.L.33, SEC.26.
IC 36-4-8-3
Warrants; issuance; order
Sec. 3. (a) A city board or legislative body may order the issuance
of warrants for payment of money by the city only at a meeting of the
board or legislative body.
(b) A city officer who violates this section forfeits his office.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-8-4
Claims against city; audit; refusal to pay
Sec. 4. (a) The city fiscal officer may audit a claim against the city
by examining under oath any officer, agent, or employee of the city
or any other person. When acting under this section, the fiscal officer
has the same powers as the city legislative body in summoning and
examining witnesses.
(b) If the fiscal officer finds that:
(1) the claim includes an item for which no appropriation has
been made;
(2) there is not a sufficient balance for payment of the claim in
the proper fund; or
(3) the claim should not be approved for any reason;
he may not issue warrants to pay the claim and he shall notify the
proper department of the reasons for his refusal to pay the claim.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-8-5
Claims against city; allowance; violation
Sec. 5. (a) Except as provided in section 14 of this chapter, a city
board or legislative body may allow a claim:
(1) only at a meeting of the board or legislative body; and
(2) only if the claim was filed in the manner prescribed by
IC 5-11-10-2 at least five (5) days before the meeting.
(b) A city officer who violates this section forfeits his office.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.32-1992,
SEC.2.
IC 36-4-8-6
Repealed
(Repealed by Acts 1980, P.L.73, SEC.23.)
IC 36-4-8-7
Claims against city; issuance of warrant; requirements;
certification
Sec. 7. (a) As used in this section, "claim" means a bill or an
invoice submitted for goods or services.
(b) Except as provided in section 14 of this chapter, a warrant for
payment of a claim against a city may be issued only if the claim is:
(1) supported by a fully itemized invoice or bill under
IC 5-11-10-1.6;
(2) approved by the officer or person receiving the goods or
services;
(3) filed with the city fiscal officer;
(4) audited and certified by the fiscal officer before payment
that each invoice is true and correct; and
(5) allowed by the city legislative body or the city board having
jurisdiction over allowance of the claim.
(c) The certification by the fiscal officer under subsection (b)(4)
must be on a form prescribed by the state board of accounts.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.32-1992,
SEC.3; P.L.71-1995, SEC.4; P.L.69-1995, SEC.6.
IC 36-4-8-8
Compensation for city officers and employees; restrictions
Sec. 8. (a) The compensation fixed for city officers and employees
under this title is in full for all governmental services and in lieu of
all:
(1) fees;
(2) penalties;
(3) fines;
(4) interest;
(5) costs;
(6) forfeitures;
(7) commissions; and
(8) percentages;
which shall be paid into the city treasury each week.
(b) An officer or employee is entitled to his salary only after he
presents the city fiscal officer with:
(1) a detailed, verified statement of the monies he has received
since his most recent statement; and
(2) a receipt showing payment of those monies to the fiscal
officer.
The fiscal officer may prescribe the form of the statement, require
officers and employees to submit the statement, and examine persons
in regard to the statement.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-8-8.1
Repealed
(Repealed by P.L.2-1997, SEC.92.)
IC 36-4-8-9
Vacation leave; compensation
Sec. 9. (a) One (1) to three (3) days before the vacation leave
period of a city officer or employee begins, the city may pay him the
amount of compensation he will earn while he is on vacation leave.
(b) Compensation for services paid to a salaried city officer or
employee pursuant to a fixed schedule set forth in a written contract
or salary ordinance shall not be construed as having been paid in
advance. Under such an arrangement, the city shall maintain records
to verify that actual work is performed for all salary paid.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.37-1986,
SEC.2.
IC 36-4-8-10
Repealed
(Repealed by Acts 1981, P.L.57, SEC.45.)
IC 36-4-8-11
Repealed
(Repealed by Acts 1980, P.L.73, SEC.23.)
IC 36-4-8-12
City works board; long term contracts; bond issuance by a
department; void obligations
Sec. 12. (a) This section does not prohibit:
(1) the city works board from making long term contracts for
utility services under IC 36-9; or
(2) a department from issuing bonds or other obligations
authorized by law.
(b) Except as provided in subsection (c), a city department, officer,
or employee may not obligate the city to any extent beyond the
amount of money appropriated for that department, officer, or
employee. An obligation made in violation of this section is void.
(c) A city department, officer, or employee may obligate the city
beyond the amount of money appropriated for that department,
officer, or employee if:
(1) the obligation is made under a multi-year interlocal
cooperation agreement entered into by the city and one (1) or
more political subdivisions or governmental entities under
IC 36-1-7; and
(2) the agreement described in subdivision (1) is approved by
the fiscal body of the city.
(d) An obligation described in subsection (c) may be terminated:
(1) if the city provides notice of the termination of the
obligation at least one (1) year before the termination of the
obligation; or
(2) the city and the political subdivisions or governmental
entities that have entered into the interlocal cooperation
agreement otherwise agree to the termination.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.30-2012,
SEC.2.
IC 36-4-8-13
Violations by city official; offense; liability
Sec. 13. A city official who recklessly:
(1) issues a bond, certificate, or warrant for the payment of
money in excess of an appropriation; or
(2) enters into an obligation prohibited by section 12 of this
chapter;
commits a Class B misdemeanor and is liable on his official bond to
any person injured by his actions.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-8-14
Preapproved payments of claims
Sec. 14. (a) A city legislative body may adopt an ordinance
allowing money to be disbursed for lawful city purposes under this
section.
(b) Notwithstanding IC 5-11-10, with the prior written approval
of the board having jurisdiction over the allowance of claims, the city
fiscal officer may make claim payments in advance of board
allowance for the following kinds of expenses if the city legislative
body has adopted an ordinance under subsection (a):
(1) Property or services purchased or leased from the United
States government, its agencies, or its political subdivisions.
(2) License or permit fees.
(3) Insurance premiums.
(4) Utility payments or utility connection charges.
(5) General grant programs where advance funding is not
prohibited and the contracting party posts sufficient security to
cover the amount advanced.
(6) Grants of state funds authorized by statute.
(7) Maintenance or service agreements.
(8) Leases or rental agreements.
(9) Bond or coupon payments.
(10) Payroll.
(11) State, federal, or county taxes.
(12) Expenses that must be paid because of emergency
circumstances.
(13) Expenses described in an ordinance.
(c) Each payment of expenses under this section must be
supported by a fully itemized invoice or bill and certification by the
fiscal officer.
(d) The city legislative body or the city board having jurisdiction
over the allowance of the claim shall review and allow the claim at
its next regular or special meeting following the preapproved
payment of the expense.
As added by P.L.32-1992, SEC.4. Amended by P.L.69-1995, SEC.7;
P.L.40-1996, SEC.10.
IC 36-4-8-15
Filing copies of agency financial records
Sec. 15. Each city agency, board, commission, district, or other
city entity shall file one (1) copy of that agency's, board's,
commission's, district's, or entity's financial records with the city
fiscal officer.
As added by P.L.98-2000, SEC.22.
IC 36-4-8-15.5
City or county agreement for school construction or renovation
Sec. 15.5. (a) This section applies to:
(1) a city or county in which a riverboat (as defined in
IC 4-33-2-17) is docked or located or gambling games (as
defined in IC 4-35-2-5) are located; and
(2) a school corporation that is located in any part in a county
described in subdivision (1) or in a county in which a city
described in subdivision (1) is located.
(b) A city or county may do any of the following:
(1) Enter into one (1) or more agreements or leases with the
school corporation or another public or private entity to provide
for the construction or renovation of a school building that will
be used by the school corporation. The agreements and leases
may provide for the financing of the construction or renovation
of the school building.
(2) A school building constructed or renovated as provided in
subdivision (1) may be donated, sold, or leased to the school
corporation under the conditions determined by the school
corporation and the city or county.
(3) The city or county may use any revenues (including any
gaming revenues) to pay for the construction or renovation of
the school building or to finance the construction or renovation
of the school building.
As added by P.L.182-2009(ss), SEC.403.
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