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IC 36-4-9-1
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.46.
IC 36-4-9-2
Appointment of department heads; approval by certain boards and
commissions; eligibility
Sec. 2. (a) Notwithstanding any other law, the city executive shall
appoint the head of each department established under section 4 of
this chapter. However, the executive's appointment of the head of the
department is subject to the approval of any statutory board or
commission established in the department, including and limited to:
(1) the works board, if a department of public works is
established;
(2) the safety board, if a department of public safety is
established;
(3) the board of parks and recreation, if a department of parks
and recreation is established;
(4) the city plan commission, if a planning department is
established;
(5) the economic development commission, if a department of
economic development is established;
(6) the redevelopment commission, if a department of
redevelopment is established;
(7) the board of sanitary commissioners, if a department of
public sanitation is established;
(8) the board of flood control commissioners, if a department of
flood control is established;
(9) the utility service board, if a department of utilities is
established;
(10) the waterworks board of trustees, if a department of
waterworks is established; and
(11) the board of aviation commissioners, if a department of
aviation is established.
(b) Each department head appointed under subsection (a) must
have the qualifications required by statute for that department.
(c) To be eligible to be appointed as a member of a city board
established under section 5 of this chapter, a person must be a
resident of the city.
(d) This section does not apply to departments, boards, or
commissions established by interlocal cooperation agreements under
IC 36-1-7 or to other joint entities established by law.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.17, SEC.22; P.L.185-1988, SEC.2.
IC 36-4-9-4
Executive departments; establishment by city legislative body;
administrative functions; termination; transfer of powers, duties,
or obligations
Sec. 4. (a) The city legislative body shall, by ordinance passed
upon the recommendation of the city executive, establish the
executive departments that it considers necessary to efficiently
perform the administrative functions required to fulfill the needs of
the city's citizens.
(b) The head of each city department or agency is under the
jurisdiction of the executive.
(c) The following departments may be established:
(1) Department of finance or administration.
(2) Department of law.
(3) Department of public works.
(4) Department of public safety.
(5) Department of parks and recreation.
(6) Department of human resources and economic development.
(7) Any other department considered necessary.
These departments shall perform the administrative functions
assigned by statute and ordinance.
(d) The city legislative body may, by ordinance passed upon the
recommendation of the city executive:
(1) terminate departments established under subsection (c); and
(2) transfer to or from those departments any powers, duties,
functions, or obligations.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.17, SEC.23.
IC 36-4-9-5
Board of public works and safety; establishment
Sec. 5. (a) A board of public works and safety is established in
each city.
(b) Notwithstanding subsection (a), the legislative body of a
second class city may by ordinance establish as separate boards:
(1) a board of public works; and
(2) a board of public safety;
to perform the functions of the board of public works and safety.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-9-6
Second class cities; appointment of officers, employees, boards, and
commissions
Sec. 6. (a) This section applies only to second class cities.
(b) The city executive shall appoint:
(1) a city controller;
IC 36-4-9-7
Ordinance establishing position of deputy mayor
Sec. 7. The city legislative body may by ordinance establish the
position of deputy mayor, who serves as the city executive's deputy.
The ordinance must:
(1) provide that the deputy is appointed by and serves at the
pleasure of the executive; and
(2) set forth all the powers of the deputy, which may not exceed
the powers of the executive.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.17, SEC.24.
IC 36-4-9-8
Third class cities; appointment of officers, employees, boards, and
commissions
Sec. 8. (a) This section applies only to third class cities.
(b) The city executive shall appoint:
(1) a city civil engineer;
(2) a city attorney;
(3) a chief of the fire department;
(4) a chief of the police department; and
(5) other officers, employees, boards, and commissions required
by statute.
(c) The members of the board of public works and safety are the
city executive and two (2) persons appointed by the executive.
IC 36-4-4-2 notwithstanding, a member may hold other appointive or
elective positions in city government during the member's tenure.
IC 36-4-11-2 applies to board member appointments under this
section. The city clerk is the clerk of the board.
IC 36-4-9-9
Repealed
(Repealed by Acts 1981, P.L.44, SEC.61.)
IC 36-4-9-10
Repealed
(Repealed by Acts 1981, P.L.44, SEC.61.)
IC 36-4-9-11
Head of department of law; city attorney and assistant city
attorney; eligibility for appointment
Sec. 11. (a) In a second class city, the corporation counsel is the
head of the department of law. His first deputy is the city attorney,
and his second deputy is the assistant city attorney.
(b) In a third class city, the city attorney is the head of the
department of law.
(c) To be eligible to be appointed as the head of the department of
law, a person must meet the following requirements:
(1) Be admitted to the practice of law in Indiana.
(2) Except as provided in subdivision (3), be a resident of the
county in which the city is located.
(3) For a third class city located in a county having a population
of less than six thousand (6,000), be a resident of Indiana.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.44, SEC.49; P.L.220-1991, SEC.1; P.L.12-1992, SEC.159.
IC 36-4-9-12
Head of department of law; powers and duties
Sec. 12. The head of the department of law shall:
(1) manage the legal affairs of the city;
(2) prosecute violators of city ordinances;
(3) give legal advice to the officers, departments, boards,
commissions, and other agencies of the city;
(4) draft ordinances or other legal papers for the city and its
departments, boards, commissions, and other agencies when
requested by the proper officer;
(5) maintain custody of the records of his office and turn them
over to his successor in office;
(6) make all title searches and examine all abstracts required in
public work of any kind, including opening, widening, or
changing a street, alley, or public place;
(7) promptly commence all proceedings necessary or advisable
for the protection or enforcement of the rights of the city or the
public;
(8) use all diligence to collect costs, fees, and recoveries within
the scope of his duties;
(9) report, in writing, to the city executive all matters that he
considers important; and
(10) report, in writing, to the city fiscal officer all judgments for
which the city is liable.
Officers, departments, boards, commissions, and other agencies of
the city may not employ attorneys without the authorization of the
head of the department of law.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.17, SEC.25.