reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 2. County Executive › 36-2-2-11. Official Record of Proceedings; Certain Counties Posting Roll Call Votes on Internet Web Site

Sec. 11. (a) The county auditor shall attend all meetings of, and record in writing the official proceedings of, the executive.
(b) If a copy of the executive's proceedings has been signed and sealed by the auditor and introduced into evidence in court, that copy is presumed to be an accurate record of the executive's proceedings.
(c) This subsection applies only to a county having a population of more than one hundred thousand (100,000) that maintains an Internet web site. The county auditor shall post on the county's Internet web site the roll call votes of the county's executive body not later than three (3) business days after the following:
(1) The date the roll call vote is taken if the county's software is able to generate a roll call vote.
(2) If the county's software is not able to generate a roll call vote, the date the county executive body is first able to approve the minutes of the meeting at which the roll call vote was taken.
The county auditor shall maintain the roll call vote information on the Internet web site for a period of four (4) years.
[Pre-Local Government Recodification Citations: 17-1-14-6 part; 17-1-14-9 part; 17-1-14-12 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.204-2017, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 2. County Executive › 36-2-2-12. Appointments Made by Executive

Sec. 12. Appointments made by the executive shall be certified by the county auditor, under the seal of the executive.
[Pre-Local Government Recodification Citation: 5-5-1-4.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 2. County Executive › 36-2-2-13. County Officer; Employment; Requisites; Violation; Offense; Penalty

Sec. 13. (a) The executive may employ a person:
(1) to perform a duty required of a county officer by statute; or
(2) on a commission or percentage basis;
only if the employment is expressly authorized by statute or is found by the executive to be necessary to the public interest.
(b) If a person's employment under subsection (a) is not expressly authorized by statute, the person's employment contract must be filed with the circuit court for the county and the person must file the person's claims for compensation with that court. Any taxpayer may contest a claim under this section.
(c) A member of the executive who recklessly violates this section commits a Class C misdemeanor and forfeits the member's office.
[Pre-Local Government Recodification Citation: 17-2-44-8.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.19.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 2. County Executive › 36-2-2-14. County Administrator; Appointment; Power and Duties; Vacancy

Sec. 14. (a) The executive may appoint a county administrator to be the administrative head of the county under the supervision of the executive and to hold office at the pleasure of the executive. The executive may assign any office, position, or duties under its control to the administrator, and may by resolution withdraw any of the powers and duties assigned.
(b) Under the supervision of the executive and with its express authorization by resolution, the administrator may:
(1) assist in the administration and enforcement of policies and resolutions of the executive;
(2) supervise activities of county government subject to the control of the executive;
(3) attend meetings of the executive;
(4) recommend measures for adoption to the executive;
(5) prepare and submit reports that the administrator considers advisable or that the executive requires;
(6) keep the executive fully advised on the financial condition of the county;
(7) prepare and submit a budget for each fiscal year; and
(8) perform other duties that the executive requests by resolution.
(c) If the administrator is absent from the administrator's office due to illness, death, vacation, resignation, or removal, the president of the executive, if any, or a qualified person appointed by the executive shall act as administrator until the administrator returns to the administrator's duties or the executive appoints a new administrator.
[Pre-Local Government Recodification Citation: 17-1-14-1 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.140; P.L.127-2017, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 2. County Executive › 36-2-2-15. Administration of Oaths; Enforcement Powers of Executive; Execution of Executive Orders by County Sheriff

Sec. 15. (a) The county auditor or a member of the executive may administer all oaths required by this chapter.
(b) The executive may:
(1) punish contempt by a fine of not more than three dollars ($3) or by imprisonment for not more than twenty-four (24) hours; and
(2) enforce its orders by attachment or other compulsory process.
(c) Fines assessed by the executive shall be executed, collected, and paid over in the same manner as other fines.
(d) The county sheriff or a county police officer shall attend the meetings of the executive, if requested by the executive, and shall execute its orders.
[Pre-Local Government Recodification Citations: 17-1-14-6 part; 17-1-14-10.]
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.125, SEC.15; P.L.131-1983, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 2. County Executive › 36-2-2-16. Accounts Chargeable Against County; Sums for Expenses

Sec. 16. The executive may:
(1) approve accounts chargeable against the county; and
(2) direct the raising of sums necessary for county expenses.
[Pre-Local Government Recodification Citation: 17-1-14-11 part.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 2. County Executive › 36-2-2-17. Audit of Accounts

Sec. 17. The executive may audit the accounts of officers who deal with money belonging to or appropriated for the benefit of the county.
[Pre-Local Government Recodification Citations: 17-1-14-11 part; 17-2-38-1.]
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.125, SEC.16.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 2. County Executive › 36-2-2-18. Annual Settlement by Executive and County Treasurer

Sec. 18. At the regular meeting of the executive in January of each year, the executive and the county treasurer shall make a settlement for the preceding calendar year. A copy of the settlement sheet shall be copied in the order book of the executive.
[Pre-Local Government Recodification Citation: 17-1-24-30 part.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 2. County Executive › 36-2-2-19. Annual Statement of County's Receipts and Expenditures; Posting and Publication

Sec. 19. At its second regular meeting each year, the executive shall make an accurate statement of the county's receipts and expenditures during the preceding calendar year. The statement must include the name of and total compensation paid to each county officer, deputy, and employee. The executive shall post this statement at the courthouse door and two (2) other places in the county and shall publish it in the manner prescribed by IC 5-3-1.
[Pre-Local Government Recodification Citation: 17-1-24-45.]
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.125, SEC.17; P.L.64-1995, SEC.11; P.L.98-2000, SEC.19.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 2. County Executive › 36-2-2-20. County Property; Sale; Acquisition; Orders; Ordinance

Sec. 20. The county executive may make orders concerning county property, including orders for:
(1) the sale of the county's public buildings and the acquisition of land in the county seat on which to build new public buildings; and
(2) the acquisition of land for a public square and the maintenance of that square.
However, a conveyance or purchase by a county of land having a value of one thousand dollars ($1,000) or more must be authorized by an ordinance of the county fiscal body fixing the terms and conditions of the transaction.
[Pre-Local Government Recodification Citations: 17-1-14-11 part; 17-1-24-33.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 2. County Executive › 36-2-2-22. Repealed

[Pre-Local Government Recodification Citation: 17-1-14-11 part.]
As added by Acts 1980, P.L.212, SEC.1. Repealed by Acts 1981, P.L.57, SEC.45.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 2. County Executive › 36-2-2-23. County Property; Licenses, Permits, or Franchises for Use; Utilities; State Consent

Sec. 23. (a) The executive may grant licenses, permits, or franchises for the use of county property if they:
(1) are not exclusive;
(2) are of a definite duration; and
(3) are assignable only with the consent of the executive.
(b) If a public utility or municipally owned or operated utility that carries on business outside the corporate boundaries of municipalities in the county is engaged in an activity substantially similar to that for which a license, permit, or franchise for the use of county property is sought, the executive may grant the license, permit, or franchise only with the consent of the utility regulatory commission. The commission may give its consent only if it determines, after a public hearing of all interested parties, that public necessity and convenience require the substantially similar activity.
(c) The provisions of this section that concern securing the consent of the utility regulatory commission do not apply to municipally owned or operated utilities.
[Pre-Local Government Recodification Citation: 17-1-14-11 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.23-1988, SEC.117.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 2. County Executive › 36-2-2-24. County Courthouse, Jail, and Public Offices

Sec. 24. (a) The executive shall establish and maintain a county courthouse, county jail, and public offices for the county clerk, the county auditor, the county recorder, the county treasurer, the county sheriff, and the county surveyor.
(b) Offices for the surveyor must be in the courthouse or at the county seat.
(c) Offices for the sheriff may be located:
(1) in the courthouse;
(2) inside the corporate limits of the county seat; or
(3) outside the corporate limits of the county seat but within the limits of the county.
[Pre-Local Government Recodification Citations: 17-1-14-14; 17-2-37-1.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.65-1994, SEC.2; P.L.233-2015, SEC.336.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 2. County Executive › 36-2-2-25. Notice, Report, or Statement; Cost of Publication; Violation; Offense

Sec. 25. Whenever publication of a notice, report, or statement of any kind is required and a county is liable for the cost of that publication, the executive may not make or pay for publication in more than one (1) newspaper unless publication in two (2) newspapers is required. A person who violates this section commits a Class C infraction.
[Pre-Local Government Recodification Citation: 17-1-24-50.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 2. County Executive › 36-2-2-26. Repealed

[Pre-Local Government Recodification Citations: 17-2-78-1; 17-2-78-2.]
As added by Acts 1980, P.L.212, SEC.1. Repealed by Acts 1981, P.L.11, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 2. County Executive › 36-2-2-27. Appeal of Decision of Executive; Aggrieved Party; Person Not Party to Proceeding; Time Limitation

Sec. 27. (a) A party to a proceeding before the executive who is aggrieved by a decision of the executive may appeal that decision to the circuit court, superior court, or probate court for the county.
(b) A person who is not a party to a proceeding before the executive may appeal a decision of the executive only if the person files with the county auditor an affidavit:
(1) specifically setting forth the person's interest in the matter decided; and
(2) alleging that the person is aggrieved by the decision of the executive.
(c) An appeal under this section must be taken within thirty (30) days after the executive makes the decision by which the appellant is aggrieved.
[Pre-Local Government Recodification Citations: 17-1-14-24; 17-1-14-25 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.84-2016, SEC.166.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 2. County Executive › 36-2-2-28. Appeal of Decision of Executive; Appellant's Bond; Transcript of Proceedings

Sec. 28. (a) An appellant under section 27 of this chapter must file with the county auditor a bond conditioned on due prosecution of the appeal. The bond is subject to approval by the auditor, and it must be in an amount sufficient to provide security for court costs.
(b) Within twenty (20) days after the auditor receives the appeal bond, the auditor shall prepare a complete transcript of the proceedings of the executive related to the decision appealed from and shall deliver the transcript, all documents filed during the proceedings, and the appeal bond to the clerk of the circuit court.
[Pre-Local Government Recodification Citations: 17-1-14-25 part; 17-1-14-26.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.21.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 2. County Executive › 36-2-2-29. Appeal of Decision of Executive; Docket; Court Decision

Sec. 29. (a) An appeal under section 27 of this chapter shall be docketed among the other causes pending in the circuit court, superior court, or probate court, and shall be tried as an original cause.
(b) A court may decide an appeal under section 27 of this chapter by:
(1) affirming the decision of the executive; or
(2) remanding the cause to the executive with directions as to how to proceed;
and may require the executive to comply with this decision.
[Pre-Local Government Recodification Citations: 17-1-14-29; 17-1-14-30.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.84-2016, SEC.167.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 2. County Executive › 36-2-2-30. Employment of Attorney to Represent and Advise Executive

Sec. 30. (a) The executive may employ and fix the compensation of an attorney to represent and advise the executive.
(b) For the purposes of Section 9, Article 2 of the Constitution of the State of Indiana, employment by a county executive as an attorney does not constitute a lucrative office.
As added by P.L.137-1989, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 3. County Fiscal Body › 36-2-3-1. Application of Chapter

Sec. 1. This chapter applies to all counties not having a consolidated city.
[Pre-Local Government Recodification Citations: 17-1-28-1 part; 18-4-4-4 part; Acts 1973, P.L.163, SECTION 3.]
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.141.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 3. County Fiscal Body › 36-2-3-2. County Council to Be County Fiscal Body

Sec. 2. (a) The seven (7) member county council elected under this chapter is the county fiscal body. The fiscal body shall act in the name of "The _________ County Council".
(b) Notwithstanding subsection (a), in a county having a population of more than one hundred eighty-five thousand (185,000) and less than three hundred thousand (300,000) that opts in to the system of county government as described in IC 36-2-2-4(c), the county council has nine (9) members.
[Pre-Local Government Recodification Citations: Part new; 17-1-24-1; 17-1-28-1 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.142; P.L.12-1992, SEC.152; P.L.119-2012, SEC.181; P.L.104-2022, SEC.149; P.L.201-2023, SEC.268.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 3. County Fiscal Body › 36-2-3-3. Election of Fiscal Body; Terms

Sec. 3. (a) The fiscal body shall be elected under IC 3-10-2-13. Except in a county having only single-member districts, members elected from districts and at large members, respectively, are to be elected in alternate, succeeding general elections under section 4 of this chapter. In a county having only single-member districts, the terms of the members are staggered as was provided by law before September 1, 1980.
(b) The term of office of a member of the fiscal body is four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified.
[Pre-Local Government Recodification Citations: 17-1-24-4; 17-1-25.1-1; 17-1-25.1-2; 17-1-25.1-3; 17-1-28-9.]
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.143; P.L.5-1986, SEC.35.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 3. County Fiscal Body › 36-2-3-4.7. Ordinance for Division of County Into Districts

Sec. 4.7. (a) Whenever the county executive or the county fiscal body divides the county into districts under section 4 of this chapter, the county executive or the county fiscal body shall adopt an ordinance.
(b) The county executive or the county fiscal body shall file a copy of an ordinance adopted under subsection (a) with the circuit court clerk.
As added by P.L.3-1993, SEC.259.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 3. County Fiscal Body › 36-2-3-5. Election of Fiscal Body; Prerequisites; Forfeiture of Office

Sec. 5. (a) To be eligible to serve as a member of the fiscal body, a person must meet the qualifications prescribed by IC 3-8-1-22.
(b) A member of the fiscal body must reside within:
(1) the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana; and
(2) the district from which the member was elected, if applicable.
(c) A member who fails to comply with subsection (b) forfeits the office.
[Pre-Local Government Recodification Citations: 17-1-24-2 part; 17-1-24-3; 17-1-28-8 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.145; Acts 1981, P.L.17, SEC.11; P.L.5-1986, SEC.36; P.L.3-1987, SEC.543; P.L.225-2011, SEC.91; P.L.90-2012, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 3. County Fiscal Body › 36-2-3-6. Election of Presiding Officers; County Auditor to Serve as Clerk; Certain Counties Posting Roll Call Votes on Internet Web Site; Execution of Orders by Sheriff; Employment of Legal and Administrative Personnel

Sec. 6. (a) At its regular meeting required by section 7(b)(1) of this chapter, the fiscal body shall elect a president and president pro tempore from its members.
(b) The county auditor is the clerk of the fiscal body and shall do the following:
(1) Preserve the fiscal body's records in the county auditor's office.
(2) Keep an accurate record of the fiscal body's proceedings.
(3) Record the ayes and nays on each vote appropriating money or fixing the rate of a tax levy.
(4) Record the ayes and nays on other votes when requested to do so by two (2) or more members.
(5) This subdivision applies only to a county having a population of more than one hundred thousand (100,000) that maintains an Internet web site. The county auditor shall post on the county's Internet web site the roll call votes of the county fiscal body not later than three (3) business days after the following:
(A) The date the roll call vote is taken if the county's software is able to generate a roll call vote.
(B) If the county's software is not able to generate a roll call vote, the date the county fiscal body is first able to approve the minutes of the meeting at which the roll call vote was taken.
The county auditor shall maintain the roll call vote information on the Internet web site for a period of four (4) years.
(c) The county sheriff or a county police officer shall attend the meetings of the fiscal body, if requested by the fiscal body, and shall execute its orders.
(d) The fiscal body may employ legal and administrative personnel necessary to assist and advise it in the performance of its functions and duties.
[Pre-Local Government Recodification Citations: 17-1-24-6 part; 17-1-24-8; 17-1-24-8.5; 17-1-24-9; 17-1-28-6 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.125, SEC.18; Acts 1981, P.L.17, SEC.12; P.L.131-1983, SEC.12; P.L.127-2017, SEC.22; P.L.204-2017, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 3. County Fiscal Body › 36-2-3-7. Meetings; Location; Duties; Special Meetings; Notice; Emergency Meetings

Sec. 7. (a) The fiscal body shall hold its meetings in the county seat, in the county auditor's office, or in another location provided by the county executive and approved by the fiscal body.
(b) The fiscal body:
(1) shall hold a regular meeting in January after its election, for the purpose of organization and other business;
(2) shall hold a regular meeting annually, as prescribed by IC 6-1.1-17, to adopt the county's annual budget and tax rate;
(3) may hold a special meeting under subsection (c) or (d); and
(4) in the case of a county subject to IC 36-2-3.5, shall hold meetings at a regularly scheduled time each month that does not conflict with the meetings of the county executive.
(c) A special meeting of the fiscal body may be called:
(1) by the county auditor or the president of the fiscal body; or
(2) by a majority of the members of the fiscal body.
At least forty-eight (48) hours before the meeting, the auditor, president, or members calling the meeting shall give written notice of the meeting to each member of the fiscal body and publish, at least one (1) day before the meeting, the notice in accordance with IC 5-3-1-4. This subsection does not apply to a meeting called to deal with an emergency under IC 5-14-1.5-5.
(d) If a court orders the county auditor to make an expenditure of county money for a purpose for which an appropriation has not been made, the auditor shall immediately call an emergency meeting of the fiscal body to discuss the matter. Notwithstanding subsection (c), the meeting must be held within three (3) working days of the receipt of the order by the auditor, and notice of the meeting day, time, and places is sufficient if:
(1) given by telephone to the members of the fiscal body; and
(2) given according to IC 5-14-1.5.
[Pre-Local Government Recodification Citations: 17-1-24-6 part; 17-1-24-6.5; 17-1-28-7 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.125, SEC.19; Acts 1981, P.L.11, SEC.146; Acts 1981, P.L.17, SEC.13; Acts 1982, P.L.33, SEC.17.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 3. County Fiscal Body › 36-2-3-8. Adverse Interest; Forfeiture

Sec. 8. A member of the fiscal body who purchases a bond, order, claim, or demand against the county for less than its face value shall forfeit it to the county and may not enforce it by legal action.
[Pre-Local Government Recodification Citation: 17-1-24-13.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 3. County Fiscal Body › 36-2-3-9. Expulsion of Member of Fiscal Body; Declaring Seat of Member Vacant; Procedure

Sec. 9. The fiscal body may:
(1) expel any member for violation of an official duty;
(2) declare the seat of any member vacant if the member is unable or fails to perform the duties of the member's office; and
(3) adopt its own rules to govern proceedings under this section, but a two-thirds (2/3) vote is required to expel a member or vacate a member's seat.
[Pre-Local Government Recodification Citation: 17-1-24-11.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 3. County Fiscal Body › 36-2-3-10. Employment of Attorney to Represent and Advise Fiscal Body

Sec. 10. (a) The fiscal body may employ and fix the compensation of an attorney to represent and advise the fiscal body.
(b) For the purposes of Section 9, Article 2 of the Constitution of the State of Indiana, employment by a county fiscal body as an attorney does not constitute a lucrative office.
As added by P.L.137-1989, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 3.5. Division of Powers of Certain Counties › 36-2-3.5-1. Application of Chapter

Sec. 1. This chapter applies to the following counties:
(1) A county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).
(2) A county having a population of more than one hundred eighty-five thousand (185,000) and less than three hundred thousand (300,000) that opts in to the system of county government as described in IC 36-2-2-4(c).
(3) Any other county not having a consolidated city, if both the county executive and the county fiscal body adopt identical ordinances providing for the county to be governed by this chapter beginning on a specified effective date.
[Pre-Local Government Recodification Citation: 17-1-28-1 part.]
As added by Acts 1981, P.L.11, SEC.147. Amended by Acts 1981, P.L.307, SEC.1; P.L.12-1992, SEC.154; P.L.119-2012, SEC.183; P.L.104-2022, SEC.151; P.L.201-2023, SEC.270.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 3.5. Division of Powers of Certain Counties › 36-2-3.5-2. Executive and Legislative Branches; Separation of Powers

Sec. 2. The powers of the county are divided between the executive and legislative branches of its government. A power belonging to one (1) branch of the county's government may not be exercised by the other branch.
[Pre-Local Government Recodification Citations: 17-1-28-2 part; 17-1-28-6 part; 17-1-28-10 part.]
As added by Acts 1981, P.L.11, SEC.147.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 3.5. Division of Powers of Certain Counties › 36-2-3.5-3. Board of Commissioners as Executive; County Council as Legislative and Fiscal Body

Sec. 3. The board of commissioners elected under IC 36-2-2 is the county executive. The county council elected under IC 36-2-3 is the county legislative body as well as the county fiscal body.
[Pre-Local Government Recodification Citations: 17-1-28-3 part; 17-1-28-6 part; 17-1-28-10 part.]
As added by Acts 1981, P.L.11, SEC.147.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 3.5. Division of Powers of Certain Counties › 36-2-3.5-4. Executive Powers and Duties

Sec. 4. (a) All powers and duties of the county that are executive or administrative in nature shall be exercised or performed by its executive, except to the extent that these powers and duties are expressly assigned to other elected officers.
(b) The executive shall:
(1) report the state of the county annually before March 1 to the county legislative body and to the people of the county;
(2) recommend annually before March 1 to the legislative body whatever action or program it considers necessary for the improvement of the county and the welfare of its residents;
(3) submit to the legislative body an annual budget in accordance with IC 36-2-5;
(4) establish the procedures to be followed by all county departments, offices, and agencies under its jurisdiction to the extent these procedures are not expressly assigned to other elected officers;
(5) administer all statutes applicable to the county, and its ordinances and regulations, to the extent these matters are not expressly assigned to other elected officers;
(6) supervise the care and custody of all county property;
(7) supervise the collection of revenues and control all disbursements and expenditures, and prepare a complete account of all expenditures, to the extent these matters are not expressly assigned to other elected officers;
(8) review, analyze, and forecast trends for county services and finances, and programs of all county governmental entities, and report and recommend on these to the legislative body by March 15 each year;
(9) negotiate contracts for the county;
(10) make recommendations concerning the nature and location of county improvements, and provide for the execution of those improvements;
(11) supervise county administrative offices except for the offices of elected officers; and
(12) perform other duties and functions that are imposed on it by statute or ordinance.
(c) The executive may:
(1) order any agency under its jurisdiction to undertake any task for any other agency under its jurisdiction on a temporary basis, if necessary for the proper and efficient administration of county government;
(2) approve or veto ordinances passed by the legislative body, in the manner prescribed by IC 36-2-4-8; and
(3) establish and administer centralized budgeting, centralized personnel selection, and centralized purchasing.
[Pre-Local Government Recodification Citation: 17-1-28-3 part.]
As added by Acts 1981, P.L.11, SEC.147.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 3.5. Division of Powers of Certain Counties › 36-2-3.5-5. Legislative Powers and Duties

Sec. 5. (a) All powers and duties of the county that are legislative in nature shall be exercised or performed by its legislative body.
(b) The legislative body may:
(1) establish the committees that are necessary to carry out its functions;
(2) employ legal and administrative personnel necessary to carry out its functions;
(3) pass all ordinances, orders, resolutions, and motions for the government of the county, in the manner prescribed by IC 36-2-4;
(4) receive gifts, bequests, and grants from public or private sources;
(5) conduct investigations into the conduct of county business for the purpose of correcting deficiencies and insuring adherence to law and county policies and regulations; and
(6) establish, by ordinance, new county departments, divisions, or agencies whenever necessary to promote efficient county government.
[Pre-Local Government Recodification Citations: 17-1-28-6 part; 17-1-28-10 part.]
As added by Acts 1981, P.L.11, SEC.147.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 3.5. Division of Powers of Certain Counties › 36-2-3.5-6. Elections; Stay Upon Failure to Divide County Into Districts; Court Orders

Sec. 6. (a) A court may issue an order, before final hearing, to stay an election if there is sufficient evidence to withstand a motion for summary judgment that the county has not been divided into districts that comply with IC 36-2-2-4 or IC 36-2-3-4. A preliminary hearing on the question may be held upon the court's own motion.
(b) Final judgment on the merits in such a case shall be made within thirty (30) days of the stay of election order. If the redistricting is found not to be in compliance with law, the court shall retain jurisdiction and shall order the proper officials to submit within thirty (30) days a redistricting plan complying with law. If the proper officials fail to comply with the order, the court shall order the Indiana election commission to divide the county into districts in compliance with law.
[Pre-Local Government Recodification Citation: 17-1-28-12.]
As added by Acts 1981, P.L.11, SEC.147. Amended by P.L.2-1996, SEC.288.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 3.5. Division of Powers of Certain Counties › 36-2-3.5-7. Transfer of Jurisdiction of Purchasing and Data Processing in Lake County Back to County Executive

Sec. 7. (a) This section applies to Lake County.
(b) The county executive shall have jurisdiction over both of the following, which were previously under the jurisdiction of the legislative body of the county:
(1) The county purchasing agency.
(2) The county data processing agency.
As added by P.L.24-2023, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 3.5. Division of Powers of Certain Counties › 36-2-3.5-7.5. Transfer of Jurisdiction of Purchasing in St. Joseph County Back to County Executive

Sec. 7.5. (a) This section applies to St. Joseph County.
(b) The county executive shall have jurisdiction over the county purchasing agency, which was previously under the jurisdiction of the legislative body of the county.
As added by P.L.24-2023, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 4. Legislative Procedures › 36-2-4-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to sections 7 and 8 of this chapter by P.L.335-1985 do not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if P.L.335-1985 had not been enacted.
As added by P.L.220-2011, SEC.642.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 4. Legislative Procedures › 36-2-4-2. Adoption of Ordinance, Order, Resolution, or Motion

Sec. 2. A county executive or county fiscal body adopting an ordinance, order, resolution, or motion for the government of the county or the transaction of county business must comply with this chapter.
[Pre-Local Government Recodification Citations: 17-1-16-3; 17-1-28-3 part; 17-2-2.5-8 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.148.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 4. Legislative Procedures › 36-2-4-3. Quorum

Sec. 3. (a) A majority of all the elected members constitutes a quorum, except as provided by subsection (b).
(b) A county fiscal body may, by a two-thirds (2/3) vote, adopt a rule specifying that a certain number of members greater than a majority constitutes a quorum.
[Pre-Local Government Recodification Citations: 17-1-14-1 part; 17-1-24-10 part; 17-1-28-3 part; 17-1-28-7 part; 17-2-2.5-8 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.149; Acts 1981, P.L.17, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 4. Legislative Procedures › 36-2-4-4. Majority Vote; Two-Thirds Vote

Sec. 4. (a) A requirement that an ordinance, resolution, or other action be passed by a majority vote means at least a majority vote of all the elected members.
(b) A requirement that an ordinance, resolution, or other action be passed by a two-thirds (2/3) vote means at least a two-thirds (2/3) vote of all the elected members.
[Pre-Local Government Recodification Citations: 17-1-24-10 part; 17-1-28-10 part; 17-2-2.5-8 part.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 4. Legislative Procedures › 36-2-4-5. Majority Vote Required to Pass Ordinance

Sec. 5. A majority vote is required to pass an ordinance, unless a greater vote is required by statute.
[Pre-Local Government Recodification Citations: 17-1-28-3 part; 17-1-28-10 part; 17-2-2.5-8 part.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 4. Legislative Procedures › 36-2-4-6. Disagreements on Question; Continuance

Sec. 6. If only two (2) members of a county executive are present at a meeting of the executive, and they disagree on a question that is before the executive, the question shall be continued until the next meeting.
[Pre-Local Government Recodification Citation: 17-1-14-7.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 4. Legislative Procedures › 36-2-4-7. Consent to Pass Ordinance; Inapplicability to Additional Appropriations and Zoning Ordinances

Sec. 7. (a) This section does not apply to:
(1) an ordinance of a county fiscal body for additional appropriations; or
(2) a zoning ordinance or amendment to a zoning ordinance that is adopted under IC 36-7.
(b) Unanimous consent of the members present is required to pass an ordinance on the same day or at the same meeting at which it is introduced.
[Pre-Local Government Recodification Citations: 17-1-28-10 part; 17-2-2.5-8 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.335-1985, SEC.31.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 4. Legislative Procedures › 36-2-4-9. Recording of Ordinance; Effect

Sec. 9. Within a reasonable time after an ordinance is adopted, the county auditor shall record it in a book kept for that purpose. The record must include the signature of the presiding officer and the attestation of the auditor. The record, or a certified copy of the record, is presumptive evidence that the ordinance was adopted and took effect.
[Pre-Local Government Recodification Citation: 17-2-2.5-8 part.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 4. Legislative Procedures › 36-2-4-10. Meetings; Rules

Sec. 10. A county executive or county fiscal body may adopt rules for the transaction of business at its meetings.
[Pre-Local Government Recodification Citations: 17-1-14-8 part; 17-1-24-7 part.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 5. Budget Procedures › 36-2-5-1. Application of Chapter

Sec. 1. This chapter applies to all counties not having a consolidated city.
[Pre-Local Government Recodification Citation: Acts 1971, P.L.258, SECTION 16.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 5. Budget Procedures › 36-2-5-2. Taxation; Appropriations

Sec. 2. (a) The county fiscal body shall fix:
(1) the rate of taxation for county purposes; and
(2) the rate of taxation for other purposes whenever the rate is not fixed by statute and is required to be uniform throughout the county.
(b) The county fiscal body shall appropriate money to be paid out of the county treasury, and money may be paid out of the treasury only under an appropriation made by the fiscal body, except as otherwise provided by law.
[Pre-Local Government Recodification Citations: 17-1-24-14; 17-1-28-10 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.151.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 5. Budget Procedures › 36-2-5-3. Compensation of Officers and Employees; Local Health Department; Not Applicable to Community Corrections Programs

Sec. 3. (a) The county fiscal body shall fix the compensation of officers, deputies, and other employees whose compensation is payable from the county general fund, county highway fund, county health fund, county park and recreation fund, aviation fund, or any other fund from which the county auditor issues warrants for compensation. This includes the power to:
(1) fix the number of officers, deputies, and other employees;
(2) describe and classify positions and services;
(3) adopt schedules of compensation; and
(4) hire or contract with persons to assist in the development of schedules of compensation.
(b) Notwithstanding subsection (a), the board of each local health department shall prescribe the duties of all its officers and employees, recommend the number of positions, describe and classify positions and services, adopt schedules of compensation, and hire and contract with persons to assist in the development of schedules of compensation.
(c) This section does not apply to community corrections programs (as defined in IC 11-12-1-1 and IC 35-38-2.6-2).
[Pre-Local Government Recodification Citations: 17-1-24-18.1 part; 17-1-24-18.3 part; 17-1-24-18.4 part; 17-1-28-10 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.152; P.L.16-1986, SEC.77; P.L.2-1993, SEC.200; P.L.135-1993, SEC.10; P.L.198-2001, SEC.104; P.L.178-2002, SEC.113; P.L.219-2007, SEC.106; P.L.167-2015, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 5. Budget Procedures › 36-2-5-3.7. Additional Compensation; Requirements

Sec. 3.7. (a) As used in this section, "body" refers to either of the following:
(1) The county fiscal body.
(2) The county executive.
(b) As used in this section, "compensation" has the meaning set forth in section 13 of this chapter.
(c) The county fiscal body may establish a salary schedule that includes compensation for a presiding officer or secretary of a body that is greater than the compensation for other members of the body, if all of the following are satisfied:
(1) All applicable requirements in this chapter are satisfied with respect to the salary schedule that includes the additional compensation.
(2) The additional compensation is being provided because the individual holding the position of presiding officer or secretary:
(A) has additional duties; or
(B) attends additional meetings on behalf of the body;
as compared to other members of the body.
(3) The additional compensation amount applies only for time periods during which the individual serves in the capacity as presiding officer or secretary and:
(A) handles additional duties; or
(B) attends additional meetings on behalf of the body;
as compared to other members of the body.
As added by P.L.257-2019, SEC.101 and P.L.209-2019, SEC.9. Amended by P.L.156-2020, SEC.137.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 5. Budget Procedures › 36-2-5-4. Statements and Recommendations on Positions and Compensation; Budget Requests

Sec. 4. (a) Before July 2 of each year, each officer, board, commission, and agency subject to this chapter shall file with the county auditor a statement that shows in detail the positions for which compensation will be requested in the annual budget for the next year and the amount or rate of compensation proposed for each full-time or part-time position. The statement must be on a form prescribed by the state board of accounts.
(b) The county auditor shall present the statements submitted under subsection (a) to the county executive at its July meeting. The county executive shall review the statements and make its recommendations on them. Before August 20 the county executive shall present the statements and recommendations to the county fiscal body.
[Pre-Local Government Recodification Citation: 17-1-24-18.3 part.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 5. Budget Procedures › 36-2-5-5. Itemized Estimate of Money Required by County Officer and Township Assessor

Sec. 5. (a) Before the Thursday after the first Monday in August of each year, each county officer and township assessor (if any) shall prepare an itemized estimate of the amount of money required for the officer's or assessor's office for the next calendar year. Each budget estimate under this section must include:
(1) the compensation of the officer;
(2) the expense of employing deputies;
(3) the expense of office supplies, itemized by the quantity and probable cost of each kind of supplies;
(4) the expense of litigation for the office; and
(5) other expenses of the office, specifically itemized;
that are payable out of the county treasury.
(b) If all or part of the expenses of a county office may be paid out of the county treasury, but only under an order of the county executive to that effect, the expenses of the office shall be included in the officer's budget estimate and may not be included in the county executive's budget estimate.
[Pre-Local Government Recodification Citations: 17-1-24-15 part; 17-1-24-16; 17-1-24-18 part; 17-3-44-5.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.222-1997, SEC.1; P.L.146-2008, SEC.687.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 5. Budget Procedures › 36-2-5-6. Court Clerks to Estimate Amounts Needed for Each Court; Expenses of Cases Tried in Other Counties; Approval by Judge

Sec. 6. (a) Before the Thursday after the first Monday in August of each year, each clerk of a court in the county shall prepare a separate estimate of the amount of money required for each court for which the clerk is responsible for the next calendar year. If a court has two (2) or more judges who preside in separate rooms or over separate divisions, the clerk shall prepare a separate itemized estimate for court expenses in each room or division. Each clerk's budget estimate must include:
(1) the part of the judge's compensation that is, by statute, payable out of the county treasury;
(2) the compensation of the probate commissioner;
(3) the expense of employing bailiffs;
(4) the amount of jury fees;
(5) the amount of witness fees that are, by law, payable out of the county treasury;
(6) the expense of employing special judges; and
(7) other expenses of the court, specifically itemized.
(b) In addition to the estimates required by subsection (a), the clerk of the circuit court shall prepare an estimate of the amount of money that is, under law, taxable against the county for the expenses of cases tried in other counties on changes of venue.
(c) The estimate of the amount of money required for a court or division of a court is subject to modification and approval by the judge of the court or division and shall be submitted to the judge for that purpose before being presented to the county auditor.
[Pre-Local Government Recodification Citations: 17-1-24-15 part; 17-1-24-17.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.24.