|
|
|
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, subject to the approval of the
city-county legislative body, appoint each of the executive's deputies
and the director of each department of the consolidated city. 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), the
executive shall submit the name of an appointee to an office to the
legislative body for its approval as follows:
(1) When the office has an incumbent, not more than forty-five
(45) days before the expiration of the incumbent's one (1) year
term.
(2) When the office has been vacated, 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.
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
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.
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 36-3-5-6
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.
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.
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.