reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 3. Executive Authorities › 36-3-3-10. Board of Commissioners of County; Members; Powers and Duties

Sec. 10. (a) The board of commissioners of the county is composed of the county treasurer, the county auditor, and the county assessor. These officers shall serve ex officio as commissioners without additional compensation for performing the duties of the board.
(b) The board of commissioners:
(1) shall make the appointments required by statute to be made by the board of commissioners of a county;
(2) shall perform the duties and exercise the powers prescribed by statutes pertaining to the issuance and payment of bonds of the county and the expenditure of the unexpended proceeds of those bonds; and
(3) may exercise the powers granted it by Article 9, Section 3 of the Constitution of the State of Indiana and by IC 12-30-3.
[Pre-Local Government Recodification Citations: subsection (a) formerly 18-4-3-15 part; subsection (b) formerly 18-4-4-7 part.]
As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.2-1992, SEC.888.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to sections 12 and 14 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.648.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-2. City-County Council; Membership; Election; Eligibility; Vacancy; Term of Office

Sec. 2. (a) A city-county council, which is the legislative body of both the consolidated city and the county, shall be elected under IC 3-10-6 by the voters of the county. The city-county council consists of twenty-five (25) members.
(b) To be eligible to serve as a member of the legislative body, a person must meet the qualifications prescribed by IC 3-8-1-25.
(c) A member of the legislative 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.
(d) A vacancy in the legislative body occurs whenever a member:
(1) dies, resigns, or is removed from office;
(2) ceases to be a resident of the district from which the member was elected; or
(3) is incapacitated to the extent that the member is unable to perform the member's duties for more than six (6) months.
(e) The vacancy shall be filled under IC 3-13-8.
(f) The term of office of a member of the legislative body is four (4) years, beginning at noon on January 1 after election and continuing until a successor is elected and qualified.
[Pre-Local Government Recodification Citations: subsection (a) formerly 18-4-1-2(h) part; 18-4-3-6 part; subsection (b) formerly 18-4-3-6 part; subsection (c) formerly 18-4-3-7.]
As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.5-1986, SEC.40; P.L.3-1987, SEC.552; P.L.266-2013, SEC.7; P.L.193-2021, SEC.109.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-3.5. Territories Not Included in Any District or More Than One District

Sec. 3.5. (a) If any territory in any county is not included in one (1) of the districts established under section 3 of this chapter, the territory is included in the district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to that territory.
(b) If any territory in any county is included in more than one (1) of the districts established under section 3 of this chapter, the territory is included in the district that:
(1) is one (1) of the districts in which the territory is described in the ordinance adopted under section 3 of this chapter;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to that territory.
As added by P.L.3-1993, SEC.260.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-4. City-County Legislative Body; Expulsion of Member; Declaration of Vacancy; Rules

Sec. 4. The city-county legislative 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 to perform the duties of the member's office; and
(3) adopt its own rules to govern proceedings under this subsection.
However, a two-thirds (2/3) vote is required to expel a member or vacate the member's seat.
[Pre-Local Government Recodification Citation: 18-1-3-5 part.]
As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.127-2017, SEC.112.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-5. Special Service District Council; Composition

Sec. 5. (a) Each special service district of the consolidated city has a special service district council, which is the legislative body of the special service district, but only for the purposes prescribed by section 18(b) of this chapter.
(b) A special service district legislative body is composed of every member of the city-county legislative body.
[Pre-Local Government Recodification Citations: subsection (a) formerly 18-4-4-5 part; 19-2-14.6-7 part; subsection (b) formerly 18-4-1-2(m); 19-2-14.6-7 part.]
As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1980, P.L.213, SEC.3; P.L.346-1983, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-6. Meetings

Sec. 6. (a) The city-county legislative body shall hold regular meetings at least once a month, at times and places prescribed by its rules or established by resolution. A special service district legislative body shall meet as required by IC 36-3-6.
(b) A special meeting of a legislative body shall be held when called by its president or presiding officer or when called by at least two-fifths (2/5) of its members, at any place in the county designated in the call.
(c) No notice of a regular meeting, or meeting required by statute, need be given to a member of a legislative body. For a special meeting, a written notice specifying the time and place of the meeting must be delivered, mailed, or sent by telegram to all members so that each member has at least seventy-two (72) hours notice of the meeting. However, this requirement is waived as to a member if the member:
(1) attends the meeting; or
(2) executes a written waiver of notice of the time and place of the meeting.
A written waiver of notice may be executed before or after the meeting, but it must state in general terms the purpose of the meeting if executed after the meeting.
[Pre-Local Government Recodification Citations: 18-4-5-1 part; 18-4-4-5 part.]
As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.127-2017, SEC.113.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-7. Election of President and Officers of City-County Legislative Body

Sec. 7. At its regular meeting in January each year, the city-county legislative body shall elect a president and other officers as it sees fit.
[Pre-Local Government Recodification Citation: 18-4-5-1(h).]
As added by Acts 1980, P.L.212, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-8. Clerk of City-County Legislative Body; Appointment; Duties; Posting Roll Call Votes on Internet Web Site

Sec. 8. (a) The city-county legislative body shall appoint a clerk for a term of one (1) year. The clerk serves at the pleasure of the legislative body and continues in office until the clerk's successor is appointed and qualified.
(b) The clerk is the clerk of the consolidated city. The clerk shall do the following:
(1) Act as secretary to the legislative body.
(2) Send out all notices of its meetings.
(3) Keep all its records.
(4) If the consolidated city maintains an Internet web site, post on the consolidated city's Internet web site the roll call votes of the consolidated city's legislative body not later than three (3) business days after the following:
(A) The date the roll call vote is taken if the consolidated city's software is able to generate a roll call vote.
(B) If the consolidated city's software is not able to generate a roll call vote, the date the city-county legislative body is first able to approve the minutes of the meeting at which the roll call vote was taken.
The clerk shall maintain the roll call vote information on the Internet web site for a period of four (4) years.
(5) Present ordinances and resolutions to the executive under section 15 of this chapter.
(6) Perform other duties connected with the work of the legislative body that are delegated to the clerk by the legislative body.
[Pre-Local Government Recodification Citations: 18-4-3-5; 18-4-5-2(d) part.]
As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.127-2017, SEC.114; P.L.204-2017, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-8.5. Employment of Attorneys or Legal Research Assistants

Sec. 8.5. (a) A clerk may hire or contract with competent attorneys or legal research assistants on terms the clerk considers appropriate.
(b) Appropriations for the salaries of attorneys and legal research assistants employed under this section shall be approved in the annual budget.
As added by P.L.69-1995, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-9. Quorum

Sec. 9. A majority of all the elected members of a legislative body constitutes a quorum.
[Pre-Local Government Recodification Citation: 18-4-5-1(f) part.]
As added by Acts 1980, P.L.212, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-10. Ordinance or Resolution; Majority Vote; Two-Thirds Vote

Sec. 10. (a) A requirement that an ordinance or resolution of a legislative body be passed by a majority vote means at least a majority vote of all the elected members.
(b) A requirement that an ordinance or resolution of a legislative body 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: 18-4-5-1(f) part; 18-1-3-2 part.]
As added by Acts 1980, P.L.212, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-11. Ordinance or Resolution; Majority Vote; Joint Passage

Sec. 11. (a) A majority vote of a legislative body is required to pass an ordinance or resolution, unless a greater vote is required by statute.
(b) Any two (2) or more ordinances or resolutions may be jointly passed by the same vote of a legislative body.
[Pre-Local Government Recodification Citations: subsection (a) formerly 18-4-5-1(f) part; subsection (b) formerly 18-4-5-2(b) part.]
As added by Acts 1980, P.L.212, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-12. Ordinance Requiring Two-Thirds Vote With Unanimous Consent of Members Present

Sec. 12. (a) A two-thirds (2/3) vote of all the elected members, after unanimous consent of the members present to consider the ordinance, is required to pass an ordinance of a legislative body on the same day or at the same meeting at which it is introduced.
(b) Subsection (a) does not apply to an ordinance that is:
(1) initiated by a director, board, or commission and does not provide for an appropriation or tax levy or the incurring of any general obligation indebtedness; or
(2) for a reappropriation or transfer of money previously appropriated by the annual budget ordinance.
Such an ordinance may be passed by a majority vote on the same day or at the same meeting at which it is introduced.
(c) Subsection (a) does not apply to a zoning ordinance or amendment to a zoning ordinance that is adopted under IC 36-7.
[Pre-Local Government Recodification Citation: 18-4-5-2(a).]
As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1982, P.L.33, SEC.20; P.L.335-1985, SEC.33.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-13. Ordinance or Resolution; Public Hearing Requirement

Sec. 13. (a) The city-county legislative body need not hold a hearing before passing any ordinance, except an ordinance that:
(1) provides for the annual budget and tax levy;
(2) appropriates previously unappropriated monies; or
(3) provides for any general obligation indebtedness.
(b) Whenever a legislative body is required by statute to hold a public hearing before passing an ordinance or resolution, a hearing held by a committee of the legislative body meets the requirement.
[Pre-Local Government Recodification Citation: 18-4-5-2(b) part.]
As added by Acts 1980, P.L.212, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-15. Ordinance or Resolution; Passage and Presentation

Sec. 15. After an ordinance or resolution subject to veto has been passed by the city-county legislative body and signed by the presiding officer, the clerk shall present it to the executive, noting on it the time of both the passage and the presentation.
[Pre-Local Government Recodification Citation: 18-4-5-2(d) part.]
As added by Acts 1980, P.L.212, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-16. Ordinance or Resolution; Approval or Veto; Executive's Failure to Perform Duty; Passage Over Veto

Sec. 16. (a) Within ten (10) days after an ordinance or resolution is presented to the executive, the executive shall:
(1) approve the ordinance or resolution, by entering the executive's approval on it, signing it, and sending the legislative body a message announcing the executive's approval; or
(2) veto the ordinance or resolution, by returning it to the legislative body with a message announcing the executive's veto and stating the executive's reasons for the veto.
The executive may approve or veto separate items of an ordinance appropriating money or levying a tax.
(b) If the executive fails to perform the executive's duty under subsection (a), the ordinance or resolution is considered vetoed.
(c) Whenever an ordinance or resolution is vetoed by the executive, it is considered defeated unless the legislative body, at its first regular or special meeting after the ten (10) day period prescribed by subsection (a), passes the ordinance or resolution over the executive's veto by a two-thirds (2/3) vote.
[Pre-Local Government Recodification Citations: 18-4-5-2 part; 18-1-6-2 part.]
As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.127-2017, SEC.115.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-17. Recording of Adopted Ordinance

Sec. 17. Within a reasonable time after an ordinance of the legislative body is adopted, the clerk shall record it in a book kept for that purpose. The record must include:
(1) the signature of the presiding officer;
(2) the attestation of the clerk;
(3) the executive's approval or veto of the ordinance;
(4) if applicable, a memorandum of the passage of the ordinance over the veto; and
(5) the date of each recorded item.
The record or a certified copy of it constitutes presumptive evidence of the adoption of the ordinance.
[Pre-Local Government Recodification Citation: 18-4-5-2(h) part.]
As added by Acts 1980, P.L.212, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-18. City-County Legislative Body; Ordinances and Resolutions; Permitted Acts; Special Service District Legislative Body; Powers

Sec. 18. (a) The city-county legislative body may pass ordinances and resolutions for the government of the consolidated city and the county. The legislative body:
(1) alone may approve budgets, levy taxes, and make appropriations for the consolidated city, its departments, and its special taxing districts, except the appropriation of the proceeds of the bonds of a special taxing district if the legislative body has approved the bond issue;
(2) may make loans for the consolidated city under sections 21 and 22 of this chapter;
(3) alone may approve budgets, levy taxes, and make appropriations for the county;
(4) may make loans for the county under IC 36-2-6-20;
(5) may pass ordinances prescribing a penalty or forfeiture for violation;
(6) may establish committees having powers as prescribed by ordinance; and
(7) may prescribe rules for its internal management.
(b) The special service district legislative body of any special service district shall, with respect to such district, have exclusive power by ordinance to approve its budget and make appropriations and tax levies required to be made under the provisions of this title. No special service district legislative body shall have authority to originate or separately to adopt any other ordinance. However, any ordinance adopted by the city-county legislative body relating solely or exclusively to a special service district shall be suspended and of no effect until separately approved and concurred in by a majority of a special service district legislative body when, but only when, the Constitution of the United States or the Constitution of Indiana prohibits such taking effect without such approval.
[Pre-Local Government Recodification Citations: subsection (a) formerly 18-4-3-11 part; 18-4-4-2(2); 18-4-4-4 part; subsection (b) formerly 18-4-4-5 part; 18-4-12-11 part; 18-4-12-37 part.]
As added by Acts 1980, P.L.212, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-19. City-County Legislative Body; Statutory Powers and Duties

Sec. 19. (a) The city-county legislative body shall perform the duties and may exercise the powers prescribed by statute for:
(1) the common council of a first class city; or
(2) the county council of the county.
(b) The city-county legislative body may exercise any power prescribed for the board of commissioners of the county by statute:
(1) to pass any ordinance; or
(2) to pass any rule or regulation prescribing a penalty.
[Pre-Local Government Recodification Citations: 18-4-3-14 part; 18-4-4-4 part.]
As added by Acts 1980, P.L.212, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-20. City-County Legislative Body; Statutory Appointments

Sec. 20. The city-county legislative body shall make all appointments required by statute to be made by it or by:
(1) the common council of a first class city; or
(2) the county council of the county.
[Pre-Local Government Recodification Citations: 18-4-3-14 part; 18-4-4-9(2).]
As added by Acts 1980, P.L.212, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-21. City-County Legislative Body; Making Loans and Issuing Bonds by Ordinance; Requirements and Procedure for Issuing Bonds

Sec. 21. (a) The city-county legislative body may, by ordinance, make loans of money for the consolidated city and, subject to IC 5-1-11.5 and IC 5-11-1-4(c), issue bonds for the purpose of refunding those loans. The loans may be made only for the purpose of procuring money to be used in the exercise of the powers of the city and for the payment of city debts.
(b) An ordinance adopted under this section:
(1) must include the terms of the bonds to be issued in evidence of the loan;
(2) must include the time and manner of giving notice of the sale of the bonds;
(3) must include the manner in which the bonds will be sold; and
(4) may authorize a total amount for any issue of bonds.
(c) Bonds issued under this section may be sold in parcels of any size and at any time their proceeds are needed by the city.
(d) Bonds issued and sold by the city under this section:
(1) are negotiable with or without registration, as may be provided by the ordinance authorizing the issue;
(2) may bear interest at any rate;
(3) may run not longer than thirty (30) years;
(4) may contain an option allowing the city to redeem them in whole or in part at specified times prior to maturity; and
(5) may be sold for not less than par value.
(e) The fiscal officer of the consolidated city shall:
(1) manage and supervise the preparation, advertisement, negotiations, and sale of bonds under this section, subject to the terms of the ordinance authorizing the sale;
(2) deliver them to the county treasurer after they have been properly executed and shall take the county treasurer's receipt for them; and
(3) when a contract for the sale of all or any part of the bonds is consummated, certify to the county treasurer the amount the purchaser is to pay, together with the name and address of the purchaser.
The county treasurer shall then receive from the purchaser the amount certified by the fiscal officer, deliver the bonds to the purchaser, and take the purchaser's receipt for the bonds. The fiscal officer and county treasurer shall then report the proceedings in the sale to the legislative body. However, if the county treasurer is not present to receive the properly executed bonds from the fiscal officer or to issue the bonds, the fiscal officer shall perform the county treasurer's duties under this subsection.
[Pre-Local Government Recodification Citations: 18-1-4-3 part; 18-4-7-9 part; 17-2-85-1 part.]
As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.184-2015, SEC.15; P.L.127-2017, SEC.116; P.L.244-2017, SEC.126.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-22. City-County Legislative Body; Temporary or Short-Term Loans in Anticipation of Current Revenues; Procedures

Sec. 22. (a) The city-county legislative body may, by ordinance, make temporary loans in anticipation of current revenues of the consolidated city that have been levied and are being collected for the fiscal year in which the loans are made. Loans under this subsection shall be made in the same manner as loans under section 21 of this chapter, except that:
(1) the ordinance authorizing the loans must appropriate and pledge to their payment a sufficient amount of the revenues in anticipation of which they are issued and out of which they are payable; and
(2) the loans must be evidenced by time warrants of the city in terms designating the nature of the consideration, the time and place payable, and the revenues in anticipation of which they are issued and out of which they are payable.
(b) The city-county legislative body may, by ordinance, make loans of money for not more than five (5) years and issue notes for the purpose of refunding those loans. The loans may be made only for the purpose of procuring money to be used in the exercise of the powers of the consolidated city, and the total amount of outstanding loans under this subsection may not exceed five percent (5%) of the consolidated city's total tax levy in the current year (excluding amounts levied to pay debt service and lease rentals). Loans under this subsection shall be made in the same manner as loans made under section 21 of this chapter, except that:
(1) the ordinance authorizing the loans must pledge to their payment a sufficient amount of tax revenues over the ensuing five (5) years to provide for refunding the loans; and
(2) the loans must be evidenced by notes of the consolidated city in terms designating the nature of the consideration, the time and place payable, and the revenues out of which they will be payable.
Notes issued under this subsection are not bonded indebtedness for purposes of IC 6-1.1-18.5.
[Pre-Local Government Recodification Citation: 18-1-4-3 part.]
As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.37-1988, SEC.22; P.L.2-1989, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-23. City-County Legislative Body; Creation of Agencies; Transfer of Agency Powers

Sec. 23. (a) The city-county legislative body may, by ordinance:
(1) create or terminate departments, divisions, offices, community councils, and other agencies of the consolidated city; and
(2) transfer to or from those agencies any powers, duties, functions, or obligations.
(b) The powers granted by subsection (a) may not be applied to:
(1) the department of public utilities of the consolidated city;
(2) offices established by the Constitution of Indiana; or
(3) agencies of municipal corporations other than the consolidated city.
[Pre-Local Government Recodification Citations: 18-4-2-32.6; 18-4-2-27.]
As added by Acts 1980, P.L.212, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-24. Departments; Investigation of Policies and Expenditures; Audit of Books and Records; Other Investigations

Sec. 24. (a) For each department of the consolidated city, the city-county legislative body shall establish a standing committee, having at least three (3) members, to investigate the policies and expenditures of the department.
(b) The legislative body or its committee may:
(1) hire an internal auditor or an independent certified public accountant, or both, to examine the books and records of the consolidated city, any of its special service districts or special taxing districts, and the county;
(2) investigate any charges against a department, officer, or employee of the consolidated city, or any of its special service districts or special taxing districts, or the county; and
(3) investigate the affairs of a person with whom a city or county agency has entered or is about to enter into a contract.
(c) When conducting an investigation under this section, the legislative body or its committee:
(1) is entitled to access to all records pertaining to the investigation; and
(2) may compel the attendance of witnesses and the production of evidence by subpoena and attachment served and executed in the county.
(d) If a person refuses to testify or produce evidence at an investigation conducted under this section, the legislative body may order its clerk to immediately present to the circuit court of the county a written report of the facts relating to the refusal. The court shall hear all questions relating to the refusal to testify or produce evidence and shall also hear any new evidence not included in the clerk's report. If the court finds that the testimony or evidence sought should be given or produced, it shall order the person to testify or produce evidence, or both.
[Pre-Local Government Recodification Citations: 18-4-3-11 part; 18-1-4-2 part.]
As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1980, P.L.213, SEC.4; P.L.14-2000, SEC.79.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-25. Repealed

[Pre-Local Government Recodification Citation: 18-1-4-2 part.]
As added by Acts 1980, P.L.212, SEC.2. Repealed by Acts 1980, P.L.73, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 4. Legislative Bodies › 36-3-4-26. Repealed

[Pre-Local Government Recodification Citation: 18-1-4-2 part.]
As added by Acts 1980, P.L.212, SEC.2. Repealed by Acts 1980, P.L.73, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 5. Appointed Officers, Departments, and Boards › 36-3-5-1. Application of Chapter

Sec. 1. This chapter applies to each consolidated city and its county.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.212, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 5. Appointed Officers, Departments, and Boards › 36-3-5-2. Deputies and Directors; Acting Deputies and Directors; Controller and Deputy Controllers; Corporation Counsel

Sec. 2. (a) The executive shall appoint each of the executive's deputies and the director of each department of the consolidated city. The executive's initial appointment of a deputy or director is subject to the approval of the city-county legislative body. 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) to fill an office that has been vacated, the executive shall submit the name of an appointee to an office to the legislative body for its approval 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.
[Pre-Local Government Recodification Citations: 18-4-3-4 part; 18-4-7-3 part; 18-4-7-5 part; 18-2-3-1 part.]
As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.334-1985, SEC.1; P.L.227-2005, SEC.21; P.L.266-2013, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 5. Appointed Officers, Departments, and Boards › 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
(2) the director of the office of finance and management under section 2.7 of this chapter.
(b) The county treasurer serves ex officio as the treasurer of the consolidated city.
[Pre-Local Government Recodification Citation: 17-2-85-1 part.]
As added by Acts 1981, P.L.11, SEC.158. Amended by P.L.227-2005, SEC.22.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 5. Appointed Officers, Departments, and Boards › 36-3-5-2.6. Immunity of Controller and Deputy Controllers; Exception for Gross Negligence

Note: This version of section effective until 1-1-2024. See also following version of this section, effective 1-1-2024.
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.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 5. Appointed Officers, Departments, and Boards › 36-3-5-2.6-b. Immunity of Controller and Deputy Controllers; Exception for Gross Negligence

Note: This version of section effective 1-1-2024. See also preceding version of this section, effective until 1-1-2024.
Sec. 2.6. Except as provided in IC 5-11, 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; P.L.58-2023, SEC.22.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 5. Appointed Officers, Departments, and Boards › 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.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 5. Appointed Officers, Departments, and Boards › 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.
(b) The controller:
(1) does not have the powers; and
(2) may not perform the duties;
of the county auditor under IC 36-2-9.5 and IC 36-3-6, or as a member of the board of commissioners of the county under IC 36-3-3-10.
(c) Notwithstanding subsection (a) or any other law, the executive, with the approval of the legislative body, may allocate the duties of the county auditor, except the duties referred to in subsection (b), among:
(1) the controller;
(2) the county assessor;
(3) the county auditor; or
(4) other appropriate city or county officials.
As added by P.L.227-2005, SEC.25.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 5. Appointed Officers, Departments, and Boards › 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 the deputy mayor by the executive in accord with ordinances of the legislative body, except when the deputy mayor is designated as acting executive under IC 36-3-3-3.
[Pre-Local Government Recodification Citation: 18-4-4-3.]
As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.127-2017, SEC.117.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 5. Appointed Officers, Departments, and Boards › 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.
[Pre-Local Government Recodification Citations: subsection (a) formerly 18-4-6-1; part new; subsection (b) formerly 18-4-4-8.]
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.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 5. Appointed Officers, Departments, and Boards › 36-3-5-5. Director of Department as Chief Administrative Officer; Divisions; Appointment of Administrator; Powers of Director

Sec. 5. (a) The director of a department is its chief administrative officer and shall exercise the powers of the department, subject to the authority granted to any board or commission in the department.
(b) A department may be administratively organized by divisions. If it is, the director shall, subject to the approval of the executive, appoint an administrator to be the head of each division, unless this title provides that the appointment be made otherwise. An administrator serves at the pleasure of the executive.
(c) The director of a department may:
(1) approve the hiring and dismissal of the administrator of each division and all other personnel of the department, subject to limitations prescribed by this title and rules adopted by the executive; and
(2) delegate to personnel of the department authority to act on the director's behalf.
[Pre-Local Government Recodification Citations: subsection (a) formerly 18-4-1-2(i) part; 18-4-6-3 part; 18-4-8-1 part; 18-4-9-1; 18-4-10-2; 18-4-12-1(b); 18-4-13-1; subsection (b) formerly 18-4-1-2(i) part; 18-4-3-4 part; 18-4-6-2; subsection (c) formerly 18-4-6-3 part.]
As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.127-2017, SEC.118.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 5. Appointed Officers, Departments, and Boards › 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 the member's successor is appointed and qualified, but serves at the pleasure of the appointing authority.
[Pre-Local Government Recodification Citations: 18-4-3-12; 18-4-8-9 part.]
As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1981, P.L.17, SEC.19; P.L.127-2017, SEC.119.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 5. Appointed Officers, Departments, and Boards › 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.
(b) A board shall hold regular meetings at least once a month, at times and places prescribed by its rules or established by resolution.
(c) A special meeting of a board shall be held when called by its presiding officer or when called by at least two-fifths (2/5) of its members, at any place in the county designated in the call.
(d) No notice of a regular meeting, or meeting required by statute, need be given to a member of a board. For a special meeting, a written notice specifying the time and place of the meeting must be delivered, mailed, or sent by telegram to all members so that each member has at least seventy-two (72) hours notice of the meeting. However, this requirement is waived as to a member if the member:
(1) attends the meeting; or
(2) executes a written waiver of notice of the time and place of the meeting.
A written waiver of notice may be executed before or after the meeting, but it must state in general terms the purpose of the meeting if executed after the meeting.
(e) A majority of all the members of a board constitutes a quorum.
(f) A majority vote of all the members of a board is required to pass a resolution.
[Pre-Local Government Recodification Citation: 18-4-5-1 part.]
As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.127-2017, SEC.120.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 5. Appointed Officers, Departments, and Boards › 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. If the bonds are sold at a public sale, the interest rate or rates that the bonds will bear must be determined by bidding, notwithstanding IC 5-1-11-3.
(e) Bonds of a special taxing district are subject to the provisions of IC 5-1 and IC 6-1.1-20 relating to the following:
(1) The filing of a petition requesting the issuance of bonds and giving notice of the petition.
(2) The giving of notice of a hearing on the appropriation of the proceeds of bonds.
(3) The right of taxpayers to appear and be heard on the proposed appropriation.
(4) The approval of the appropriation by the department of local government finance.
(5) The right of:
(A) taxpayers and voters to remonstrate against the issuance of bonds in the case of a proposed bond issue described by IC 6-1.1-20-3.1(a); or
(B) voters to vote on the issuance of bonds in the case of a proposed bond issue described by IC 6-1.1-20-3.5(a).
(6) The sale of bonds at a public sale or at a negotiated sale after June 30, 2018, and before July 1, 2025.
(7) The maximum term or repayment period provided by IC 5-1-14-10.
[Pre-Local Government Recodification Citations: 18-4-5-3; 18-4-5-4.]
As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.90-2002, SEC.470; P.L.219-2007, SEC.113; P.L.146-2008, SEC.703; P.L.125-2018, SEC.6; P.L.38-2021, SEC.81; P.L.236-2023, SEC.167.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 5. Appointed Officers, Departments, and Boards › 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.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 5. Appointed Officers, Departments, and Boards › 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.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 5. Appointed Officers, Departments, and Boards › 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.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 5. Appointed Officers, Departments, and Boards › 36-3-5-12. Personal Liability for Penalties and Interest Assessed by Internal Revenue Service; Reimbursement

Sec. 12. (a) Except as provided in subsection (b), if the controller is held personally liable for penalties and interest assessed by the Internal Revenue Service, the county treasurer shall reimburse the controller in an amount equal to the penalties and interest.
(b) The county treasurer may not reimburse the controller under subsection (a) if the controller willfully or intentionally fails or refuses to file a return or make a required deposit on the date the return or deposit is due.
As added by P.L.227-2005, SEC.30.
2023 Indiana Code › Title 36. Local Government › Article 3. Government of Indianapolis and Marion County (Unigov) › Chapter 5. Appointed Officers, Departments, and Boards › 36-3-5-14. Controller Unable to Perform Fiscal Responsibilities

Effective 1-1-2024.
Sec. 14. If the controller is unable to perform the fiscal requirements of the controller's position, the consolidated city shall hire or contract with a qualified certified public accountant to:
(1) provide guidance to the controller regarding the performance of the controller's responsibilities; or
(2) perform the controller's fiscal responsibilities.
The controller is considered to be unable to perform the fiscal requirements of the controller's position if the consolidated city or the county is declared unauditable under IC 5-11-1-9(b).
As added by P.L.58-2023, SEC.23.