2022 Indiana Code
Title 36. Local Government
Article 2. Government of Counties Generally
Chapter 6. Fiscal Administration
36-2-6-4. Allowance and Payment of Claims; Requirements; Violation; Offense; Action to Recover Illegal Allowance
Sec. 4. (a) This section does not apply to a county having a consolidated city.
(b) Except as provided in section 4.5 of this chapter, the county executive may allow a claim or order the issuance of a county warrant for payment of a claim only at a regular or special meeting of the executive. The county auditor may issue a county warrant for payment of a claim against the county only if the executive or a court orders the county auditor to do so. However, this subsection does not apply to the issuance of warrants related to management of the common or congressional school fund.
(c) The county executive may allow a claim if the claim:
(1) complies with IC 5-11-10-1.6; and
(2) is placed on the claim docket by the county auditor at least five (5) days before the meeting at which the executive is to consider the claim.
(d) A county auditor or member of a county executive who violates this section commits a Class C infraction.
(e) A county auditor who violates this section is liable on the county auditor's official bond for twice the amount of the illegally drawn warrant, which may be recovered for the benefit of the county by a taxpayer of the county. A person who brings an action under this subsection shall give security for costs, and the court shall allow the person a reasonable sum, including attorney's fees, out of the money recovered as compensation for the person's trouble and expense in bringing the action. This compensation shall be specified in the court's order.
(f) If, within sixty (60) days after the county executive allows a claim, a taxpayer of the county demands that the executive refund that allowance to the county, and the executive refuses to do so, the taxpayer may bring an action to recover an illegal, unwarranted, or unauthorized allowance for the benefit of the county. A person who brings an action under this subsection shall give security for costs, and the court shall allow the person a reasonable sum, including attorney's fees, out of the money recovered as compensation for the person's trouble and expense in bringing the action. This compensation shall be specified in the court's order.
[Pre-Local Government Recodification Citations: 17-2-38-2; 17-2-38-3; 17-2-38-4; 17-2-38-5; 17-2-38-6.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.39-1996, SEC.10; P.L.89-2001, SEC.5; P.L.127-2017, SEC.28.
