2014 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 6. GOVERNMENT OF TOWNSHIPS CHAPTER 6. TOWNSHIP LEGISLATIVE BODY
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IC 36-6-6
Chapter 6. Township Legislative Body
IC 36-6-6-1
Application of chapter
Sec. 1. This chapter applies to all townships.
As added by Acts 1980, P.L.212, SEC.5.
IC 36-6-6-2
Township board; election; term of office
Sec. 2. (a) Except as provided in subsection (b) and section 2.1 of
this chapter, a three (3) member township board shall be elected
under IC 3-10-2-13 by the voters of each township.
(b) The township board in a county containing a consolidated city
shall consist of the following:
(1) Before January 1, 2017, seven (7) members elected under
IC 3-10-2-13 by the voters of each township.
(2) After December 31, 2016, five (5) members elected under
IC 3-10-2-13 by the voters of each township.
(c) The township board is the township legislative body.
(d) The term of office of a township board member 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.5. Amended by P.L.5-1986,
SEC.59; P.L.8-1987, SEC.83; P.L.6-1994, SEC.2; P.L.122-2000,
SEC.22; P.L.170-2002, SEC.147; P.L.240-2005, SEC.6;
P.L.266-2013, SEC.11.
IC 36-6-6-2.1
Merged townships; township board; election; members
Sec. 2.1. (a) This section applies if township governments merge
under IC 36-6-1.5.
(b) If two (2) township governments merge, the resulting merged
township government shall elect a three (3) member township board.
The voters of the resulting merged township government shall elect
all the members of the township board. One (1) member must reside
within the boundaries of each of the township governments that
merged.
(c) If at least three (3) township governments merge, the resulting
merged township government shall elect a township board that has
the same number of members as the number of township
governments that merged. The voters of the resulting merged
township shall elect all the members of the township board. One (1)
township board member must reside within the boundaries of each of
the townships that merged.
As added by P.L.240-2005, SEC.7.
IC 36-6-6-2.2
Election of township board members; by voters of a district; by all
township voters
Sec. 2.2. (a) This subsection applies to townships in a county
containing a consolidated city. The voters of each legislative body
district established under section 2.5 of this chapter shall elect one (1)
member of the township board.
(b) This subsection applies to townships not included in
subsection (a). The voters of each township shall elect all the
members of the township board.
As added by P.L.6-1994, SEC.3. Amended by P.L.170-2002,
SEC.148.
IC 36-6-6-2.5
Division of certain townships into legislative body districts;
recertification of districts; filing with circuit court clerk; time for
filing; district boundary description prevails over conflicting map
Sec. 2.5. (a) This section applies to townships in a county
containing a consolidated city.
(b) The legislative body shall adopt a resolution that divides the
township into legislative body districts that:
(1) are composed of contiguous territory;
(2) are reasonably compact;
(3) respect, as nearly as reasonably practicable, precinct
boundary lines; and
(4) contain, as nearly as reasonably practicable, equal
population.
(c) Before a legislative body may adopt a resolution that divides
a township into legislative body districts, the secretary of the
legislative body shall mail a written notice to the circuit court clerk.
This notice must:
(1) state that the legislative body is considering the adoption of
a resolution to divide the township into legislative body
districts; and
(2) be mailed not later than ten (10) days before the legislative
body adopts the resolution.
(d) Except as provided in subsection (f), the legislative body shall
make a division into legislative body districts at the following times:
(1) During the second year after a year in which a federal
decennial census is conducted.
(2) Subject to IC 3-11-1.5-32.5, whenever the boundary of the
township changes.
(e) The legislative body may make the division under this section
at any time, subject to IC 3-11-1.5-32.5.
(f) This subsection applies during the second year after a year in
which a federal decennial census is conducted. If the legislative body
determines that a division is not required under subsection (b), the
legislative body shall adopt an ordinance recertifying that the districts
as drawn comply with this section.
(g) Each time there is a division under subsection (b) or a
recertification under subsection (f), the legislative body shall file with
the circuit court clerk of the county not later than thirty (30) days
after the adoption or recertification occurs a map of the district
boundaries:
(1) adopted under subsection (b); or
(2) recertified under subsection (f).
(h) 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.
(i) 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 P.L.6-1994, SEC.4. Amended by P.L.318-1995, SEC.1;
P.L.122-2000, SEC.23; P.L.170-2002, SEC.149; P.L.230-2005,
SEC.89; P.L.271-2013, SEC.53.
IC 36-6-6-3
Residency requirement of members
Sec. 3. (a) This subsection applies to townships in a county
containing a consolidated city. One (1) member of the legislative
body must reside within each legislative body district. If a member
of the legislative body ceases to be a resident of the district from
which the member was elected, the office becomes vacant.
(b) This subsection applies to townships not included in
subsection (a) or (c). A member of the legislative body must reside
within the township as provided in Article 6, Section 6 of the
Constitution of the State of Indiana. If a member of the legislative
body ceases to be a resident of the township, the office becomes
vacant.
(c) This subsection applies to a township government that:
(1) is created by a merger of township governments under
IC 36-6-1.5; and
(2) elects a township board under section 2.1 of this chapter.
One (1) member of the legislative body must reside within the
boundaries of each of the former townships that merged. If a member
of the legislative body ceases to be a resident of that former
township, the office becomes vacant.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.3-1987,
SEC.565; P.L.6-1994, SEC.5; P.L.170-2002, SEC.150;
P.L.240-2005, SEC.8.
IC 36-6-6-4
Quorum
Sec. 4. (a) Except as provided in subsections (b) and (c), two (2)
members of the legislative body constitute a quorum.
(b) Before January 1, 2017, four (4) members of the legislative
body in a county containing a consolidated city constitute a quorum.
After December 31, 2016, three (3) members of the legislative body
in a county having a consolidated city constitute a quorum.
(c) This subsection applies to a township government that:
(1) is created by a merger of township governments under
IC 36-6-1.5; and
(2) elects a township board under section 2.1 of this chapter.
A majority of the members of the legislative body constitute a
quorum. If a township board has an even number of members, the
township executive shall serve as an ex officio member of the
township board for the purpose of casting the deciding vote to break
a tie.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.6-1994,
SEC.6; P.L.122-2000, SEC.24; P.L.170-2002, SEC.151;
P.L.240-2005, SEC.9; P.L.266-2013, SEC.12.
IC 36-6-6-5
Adjournment of meetings
Sec. 5. A meeting of the legislative body may be adjourned from
day to day until its business is completed.
As added by Acts 1980, P.L.212, SEC.5.
IC 36-6-6-6
Appearance at meetings by taxpayer
Sec. 6. A taxpayer of the township may appear at any meeting of
the legislative body and be heard as to:
(1) an estimate of expenditures;
(2) a proposed levy of taxes;
(3) the approval of the executive's annual report; or
(4) any other matter being considered by the legislative body.
As added by Acts 1980, P.L.212, SEC.5.
IC 36-6-6-7
Meetings; election of chairman and secretary; special meeting
Sec. 7. (a) The legislative body shall meet at the office of the
executive on the first Tuesday after the first Monday in January of
each year. At this meeting the legislative body shall elect one (1)
member as chairman for that year and one (1) member as secretary
for that year.
(b) If a newly elected legislative body holds a special meeting
before the first Tuesday after the first Monday in the January
following its election, it shall elect a chairman and a secretary before
conducting any other business. The chairman and secretary elected
at the special meeting retain those positions until the first Tuesday
after the first Monday in January of the year following the special
meeting.
As added by Acts 1980, P.L.212, SEC.5.
IC 36-6-6-8
Record of proceedings
Sec. 8. The legislative body shall keep a permanent record of its
proceedings in a book furnished by the executive. The secretary of
the legislative body shall, under the direction of the legislative body,
record the minutes of the proceedings of each meeting in full and
shall provide copies of the minutes to each member of the legislative
body before the next meeting is convened. After the minutes are
approved by the legislative body, the secretary of the legislative body
shall place the minutes in the permanent record book. The chairman
of the legislative body shall retain the record in his custody.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.98-2000,
SEC.25.
IC 36-6-6-9
Meeting; consideration and approval of annual report of executive;
disposition of funds
Sec. 9. (a) The legislative body shall meet on or before the third
Tuesday after the first Monday in February of each year. At this
meeting it shall consider and approve, in whole or in part, the annual
report of the executive presented under IC 36-6-4-12.
(b) The legislative body may send for persons, books, and papers
necessary in the examination of the report. A member may administer
oaths necessary in the examination of the report.
(c) Any sum in the control of the executive that remains
unexpended and is subject to no liability shall be credited in favor of
the fund for which it was appropriated.
(d) Any fund expended, in whole or in part, for a purpose for
which it was not appropriated shall be considered unexpended and in
the control of the executive, who is liable on the executive's bond for
such an expenditure.
(e) When its examination of the report is completed, the legislative
body shall take action on the report, specifying the parts of the report
that are altered or disallowed. The report remains under the control
of the legislative body and in custody of its chairman, who shall keep
it open to inspection by taxpayers of the township.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.49-1996,
SEC.9; P.L.6-2013, SEC.1.
IC 36-6-6-10
Compensation of officers and employees
Sec. 10. (a) This section does not apply to the appropriation of
money to pay a deputy or an employee of a township assessor with
assessment duties or to an elected township assessor.
(b) The township legislative body shall fix the:
(1) salaries;
(2) wages;
(3) rates of hourly pay; and
(4) remuneration other than statutory allowances;
of all officers and employees of the township.
(c) Subject to subsection (d), the township legislative body may
reduce the salary of an elected or appointed official. However, except
as provided in subsection (h), the official is entitled to a salary that is
not less than the salary fixed for the first year of the term of office
that immediately preceded the current term of office.
(d) Except as provided in subsection (h), the township legislative
body may not alter the salaries of elected or appointed officers during
the fiscal year for which they are fixed, but it may add or eliminate
any other position and change the salary of any other employee, if the
necessary funds and appropriations are available.
(e) If a change in the mileage allowance paid to state officers and
employees is established by July 1 of any year, that change shall be
included in the compensation fixed for the township executive and
assessor under this section, to take effect January 1 of the next year.
However, the township legislative body may by ordinance provide
for the change in the sum per mile to take effect before January 1 of
the next year.
(f) The township legislative body may not reduce the salary of the
township executive without the consent of the township executive
during the term of office of the township executive as set forth in
IC 36-6-4-2.
(g) This subsection applies when a township executive dies or
resigns from office. The person filling the vacancy of the township
executive shall receive at least the same salary the previous township
executive received for the remainder of the unexpired term of office
of the township executive (as set forth in IC 36-6-4-2), unless the
person consents to a reduction in salary.
(h) In a year in which there is not an election of members to the
township legislative body, the township legislative body may vote to
reduce the salaries of the members of the township legislative body
by any amount.
As added by Acts 1980, P.L.212, SEC.5. Amended by Acts 1980,
P.L.125, SEC.27; P.L.352-1983, SEC.1; P.L.196-1984, SEC.1;
P.L.319-1995, SEC.1; P.L.21-2002, SEC.2; P.L.169-2006, SEC.56;
P.L.146-2008, SEC.713; P.L.6-2013, SEC.2.
IC 36-6-6-11
Meeting; adoption of annual budget; estimates; appropriation;
taxation
Sec. 11. (a) The legislative body shall meet annually in accord
with IC 6-1.1-17, to adopt the township's annual budget.
(b) The legislative body shall consider the estimates of
expenditures made by the executive under IC 36-6-4-11, and may
approve or reject all or part of any estimate or any item within an
estimate. The legislative body may require the executive to further
itemize an estimate not sufficiently itemized.
(c) The legislative body may not appropriate for any purpose an
amount more than the executive's estimate of the amount required for
that purpose.
(d) The legislative body shall include in the budget:
(1) provisions for the payment of existing debt of the township
as it becomes due; and
(2) the salaries fixed under section 10 of this chapter.
(e) In making levies for the township general fund, the legislative
body may include an amount not more than the amount necessary to
compensate its members for their services during the year for which
the levies are made.
(f) After the legislative body has taken action on the executive's
estimates, it shall levy taxes for the township funds on property in the
township and fix rates of taxation sufficient to provide that revenue
during the next year.
(g) On the assessment date, as defined by IC 6-1.1-1-2, the rates
of taxation adopted under this section become a levy and a lien on all
taxable property in the township, including property in municipalities
in the township. The levy constitutes an appropriation for the specific
items in the executive's estimates.
As added by Acts 1980, P.L.212, SEC.5.
IC 36-6-6-12
Membership of township in county, state, or national associations;
appropriations; expenses
Sec. 12. (a) The legislative body may appropriate money for
membership of the township in county, state, or national associations
that:
(1) are of a civic, educational, or governmental nature; and
(2) have as a purpose the improvement of township
governmental operations.
The township representatives may participate in the activities of these
associations, and the legislative body may appropriate money to
defray the expenses of township representatives in connection with
these activities.
(b) Each representative of the township attending any meeting,
conference, seminar, or convention approved by the township trustee
shall be allowed reimbursement for all necessary and legitimate
expenses incurred while representing the township. Expenses shall be
paid to each representative in accordance with the township's
reimbursement policy, which may include an established per diem
rate, as recommended by the township trustee and adopted by the
township legislative body.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.303-1989,
SEC.1; P.L.98-2000, SEC.26.
IC 36-6-6-13
Appropriation and transfer of money to county; interlocal
agreements
Sec. 13. The legislative body may appropriate and transfer money
to the county treasurer for use throughout the county under
agreements made by the township and the county under IC 36-1-7.
As added by Acts 1980, P.L.212, SEC.5. Amended by Acts 1980,
P.L.125, SEC.28.
IC 36-6-6-13.5
Special meeting by legislative body; notice
Sec. 13.5. (a) A special meeting may be held by the legislative
body if the executive, the chairman of the legislative body, or a
majority of the members of the legislative body issue a written notice
of the meeting to each member of the legislative body. The notice
must state the time, place, and purpose of the meeting.
(b) The legislative body may consider any matter at a special
meeting. However, the only matters that may be acted on at the
special meeting are the matters set forth in the notice.
As added by P.L.146-2008, SEC.714.
IC 36-6-6-14
Special meeting; determination of need for fire and emergency
services; effect of levy increase
Sec. 14. (a) At any special meeting, if two (2) or more members
give their consent, the legislative body may determine whether there
is a need for fire and emergency services or other emergency
requiring the expenditure of money not included in the township's
budget estimates and levy.
(b) Subject to section 14.5 of this chapter, if the legislative body
finds that a need for fire and emergency services or other emergency
exists, it may issue a special order, entered and signed on the record,
authorizing the executive to borrow a specified amount of money
sufficient to meet the emergency. However, the legislative body may
not authorize the executive to borrow money under this subsection in
more than three (3) calendar years during any five (5) year period.
(c) Notwithstanding IC 36-8-13-4(a), the legislative body may
authorize the executive to borrow a specified sum from a township
fund other than the township firefighting fund if the legislative body
finds that the emergency requiring the expenditure of money is
related to paying the operating expenses of a township fire
department or a volunteer fire department. At its next annual session,
the legislative body shall cover the debt created by making a levy to
the credit of the fund for which the amount was borrowed under this
subsection.
(d) In determining whether a fire and emergency services need
exists requiring the expenditure of money not included in the
township's budget estimates and levy, the legislative body and any
reviewing authority considering the approval of the additional
borrowing shall consider the following factors:
(1) The current and projected certified and noncertified public
safety payroll needs of the township.
(2) The current and projected need for fire and emergency
services within the jurisdiction served by the township.
(3) Any applicable national standards or recommendations for
the provision of fire protection and emergency services.
(4) Current and projected growth in the number of residents and
other citizens served by the township, emergency service runs,
certified and noncertified personnel, and other appropriate
measures of public safety needs in the jurisdiction served by the
township.
(5) Salary comparisons for certified and noncertified public
safety personnel in the township and other surrounding or
comparable jurisdictions.
(6) Prior annual expenditures for fire and emergency services,
including all amounts budgeted under this chapter.
(7) Current and projected growth in the assessed value of
property requiring protection in the jurisdiction served by the
township.
(8) Other factors directly related to the provision of public
safety within the jurisdiction served by the township.
(e) In the event the township received additional funds under this
chapter in the immediately preceding budget year for an approved
expenditure, any reviewing authority shall take into consideration the
use of the funds in the immediately preceding budget year and the
continued need for funding the services and operations to be funded
with the proceeds of the loan.
(f) This subsection applies to a township that is allowed an
increase in its maximum permissible ad valorem property tax levy
under IC 6-1.1-18.5-13(c). The restrictions on borrowing set forth in
this subsection are instead of the restrictions set forth in subsection
(b). Repayments of the money borrowed in 2012 or 2013, as
applicable, may be made over a three (3) year period beginning in
2014, and ending in 2016. Each year the township may borrow the
amount necessary to repay one third (1/3) of the principal and interest
of that debt. After 2016, the township may not borrow money under
subsection (b) in more than three (3) calendar years during any five
(5) year period.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.41-1993,
SEC.48; P.L.50-1998, SEC.1; P.L.146-2008, SEC.715;
P.L.218-2013, SEC.14.
IC 36-6-6-14.5
Objection by taxpayers; department of local government finance
hearing and action; appeal
Sec. 14.5. (a) If the legislative body issues a special order under
section 14 of this chapter authorizing the executive to borrow money,
not less than ten (10) taxpayers in the township who disagree with the
special order may file a petition in the office of the county auditor not
more than thirty (30) days after notice of the special order is given.
The petition must state the taxpayers' objections and the reasons why
the taxpayers believe the special order to be unnecessary or unwise.
(b) The county auditor shall immediately certify a copy of the
petition, together with other data necessary to present the questions
involved, to the department of local government finance. Upon
receipt of the certified petition and other data, the department of local
government finance shall fix a time and place for the hearing of the
matter. The hearing shall be held not less than five (5) and not more
than thirty (30) days after the receipt of the certified documents.
(c) The hearing shall be held in the county where the petition
arose.
(d) Notice of the hearing shall be given by the department of local
government finance to the township and to the first ten (10) taxpayer
petitioners listed on the petition by letter. The letter shall be sent to
the first ten (10) taxpayer petitioners at the taxpayer's usual place of
residence at least five (5) days before the date of the hearing.
(e) A:
(1) taxpayer who signed a petition filed under subsection (a); or
(2) township against which a petition under subsection (a) is
filed;
may petition for judicial review of the final determination of the
department of local government finance under subsection (a). The
petition must be filed in the tax court not more than forty-five (45)
days after the date of the department's final determination.
As added by P.L.41-1993, SEC.49. Amended by P.L.90-2002,
SEC.472; P.L.256-2003, SEC.37.
IC 36-6-6-15
Temporary loans to meet current expenses; resolution; time
warrants
Sec. 15. (a) If the legislative body finds that an emergency
requires the borrowing of money to meet the township's current
expenses, it may take out temporary loans in an amount not more
than eighty percent (80%) of the total anticipated revenue for the
remainder of the year in which the loans are taken out.
(b) The legislative body must authorize the temporary loans by a
resolution:
(1) stating the nature of the consideration for the loans;
(2) stating the time the loans are payable;
(3) stating the place the loans are payable;
(4) stating a rate of interest;
(5) stating the anticipated revenues on which the loans are based
and out of which they are payable; and
(6) appropriating a sufficient amount of the anticipated revenues
on which the loans are based and out of which they are payable
for the payment of the loans.
(c) The loans must be evidenced by time warrants of the township
stating:
(1) the nature of the consideration;
(2) the time payable;
(3) the place payable; and
(4) the anticipated revenues on which they are based and out of
which they are payable.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.146-2008,
SEC.716.
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