reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 3. Town Budget Procedures and Compensation of Officers and Employees › 36-5-3-5. Additional Appropriations; Decrease; Ordinances

Sec. 5. After the passage of the appropriation ordinance, the town legislative body may make further or additional appropriations by ordinance, unless their result is to increase the tax levy set under IC 6-1.1-17. The legislative body may, by ordinance, decrease any appropriation set by ordinance.
[Pre-Local Government Recodification Citation: 18-3-1-35.5 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1980, P.L.73, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 3. Town Budget Procedures and Compensation of Officers and Employees › 36-5-3-6. Waiver of Compensation

Sec. 6. (a) As used in this section, "compensation" means the total of all money paid to an elected town officer for performing duties as a town officer, regardless of the source of funds from which the money is paid. The term includes all employee benefits paid to a town officer, including life insurance, health insurance, disability insurance, retirement benefits, and pension benefits.
(b) A town officer may waive the officer's compensation for any year by filing a notice that satisfies the following:
(1) The notice is in writing.
(2) The notice states in substance all of the following:
(A) The position held by the town officer.
(B) The calendar year covered by the notice.
(C) That the town officer waives compensation under this section.
(D) That the town officer understands that the notice is irrevocable beginning January 1 of the year covered by the notice.
(3) The notice is signed by the town officer who wants to waive compensation.
(c) A town officer who wants to waive compensation under this section must file the notice with the town clerk-treasurer before January 1 of the year covered by the notice.
(d) A notice filed under this section is irrevocable beginning January 1 of the year covered by the notice.
(e) A town officer who files a notice under this section:
(1) is not entitled to compensation for duties performed in the year covered by the notice; and
(2) may not be paid compensation for duties performed in the year covered by the notice.
As added by P.L.67-2001, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 4. Miscellaneous Town Fiscal and Administrative Provisions › 36-5-4-2. Appropriations by Ordinance

Sec. 2. Unless a statute provides otherwise, town monies may be disbursed only after an appropriation made by ordinance of the town legislative body and recorded in a book kept for that purpose by the legislative body. Each appropriation must be made from the fund against which the expenses arose.
[Pre-Local Government Recodification Citation: 18-5-24-1.]
As added by Acts 1980, P.L.212, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 4. Miscellaneous Town Fiscal and Administrative Provisions › 36-5-4-3. Issuance of Warrants

Sec. 3. (a) The town legislative body or a board of the town may order the issuance of warrants for payment of money by the town only at a meeting of the legislative body or board.
(b) A town officer who violates this section forfeits the town officer's office.
[Pre-Local Government Recodification Citation: 18-1-20-1 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.127-2017, SEC.143.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 4. Miscellaneous Town Fiscal and Administrative Provisions › 36-5-4-4. Claims Against Town; Allowance; Violation

Sec. 4. (a) Except as provided in section 12 of this chapter, the town legislative body or a board of the town may allow a claim:
(1) only at a meeting of the legislative body or board; and
(2) only if the claim was filed in the manner prescribed by IC 5-11-10-2 at least five (5) days before the meeting.
(b) A town officer who violates this section forfeits the town officer's office.
[Pre-Local Government Recodification Citation: 18-1-20-1 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.32-1992, SEC.5; P.L.127-2017, SEC.144.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 4. Miscellaneous Town Fiscal and Administrative Provisions › 36-5-4-5. Repealed

[Pre-Local Government Recodification Citation: 18-1-20-1 part.]
As added by Acts 1980, P.L.212, SEC.4. Repealed by Acts 1980, P.L.73, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 4. Miscellaneous Town Fiscal and Administrative Provisions › 36-5-4-6. Claim Defined; Issuance of Warrant for Payment

Sec. 6. (a) As used in this section, "claim" means a bill or an invoice submitted for goods or services.
(b) Except as provided in section 12 of this chapter, a warrant for payment of a claim against a town may be issued only if the claim is:
(1) supported by a fully itemized invoice or bill under IC 5-11-10-1.6;
(2) filed with the town fiscal officer;
(3) certified by the fiscal officer before payment that each invoice is true and correct; and
(4) allowed by the town legislative body or by the board of the town having jurisdiction over allowance of the payment of the claim.
(c) The certification by the fiscal officer under subsection (b)(3) must be on a form prescribed by the state board of accounts.
[Pre-Local Government Recodification Citations: 5-11-10-2 part; 18-1-20-1 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.32-1992, SEC.6; P.L.71-1995, SEC.5; P.L.69-1995, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 4. Miscellaneous Town Fiscal and Administrative Provisions › 36-5-4-7. Vacation Leave; Compensation

Sec. 7. One (1) to three (3) days before the vacation leave period of a town officer or employee begins, the town may pay the officer or employee the amount of compensation the officer or employee will earn while on vacation leave.
[Pre-Local Government Recodification Citation: 5-7-3-2 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.127-2017, SEC.145.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 4. Miscellaneous Town Fiscal and Administrative Provisions › 36-5-4-8. Repealed

[Pre-Local Government Recodification Citations: 18-6-11-5 part; 18-6-11-6 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1980, P.L.73, SEC.21. Repealed by Acts 1981, P.L.57, SEC.45.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 4. Miscellaneous Town Fiscal and Administrative Provisions › 36-5-4-9. Repealed

[Pre-Local Government Recodification Citation: 18-1-20-2 part.]
As added by Acts 1980, P.L.212, SEC.4. Repealed by Acts 1980, P.L.73, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 4. Miscellaneous Town Fiscal and Administrative Provisions › 36-5-4-10. Delivery of Records and Property by Town Officer to Successor

Sec. 10. Each town officer shall deliver town records and property in the town officer's custody to the town officer's successor in office when that successor qualifies.
[Pre-Local Government Recodification Citation: 18-3-1-29.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.127-2017, SEC.146.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 4. Miscellaneous Town Fiscal and Administrative Provisions › 36-5-4-11. Licenses Issued by Town; Revocation or Suspension

Sec. 11. The town executive may revoke or suspend any license issued by the town if the person holding the license has violated the terms or conditions of the license or of the law under which it was issued.
[Pre-Local Government Recodification Citation: 18-1-20-3 part.]
As added by Acts 1981, P.L.11, SEC.165.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 4. Miscellaneous Town Fiscal and Administrative Provisions › 36-5-4-12. Preapproved Payments of Claims

Sec. 12. (a) The legislative body of a town may adopt an ordinance allowing money to be disbursed under this section for lawful town purposes.
(b) Notwithstanding IC 5-11-10, with the prior written approval of the board having jurisdiction over allowance of the claim, a town fiscal officer may make claim payments in advance of a board allowance for the following types of expenses if the town legislative body has adopted an ordinance under subsection (a):
(1) Property or services purchased or leased from:
(A) the United States government; or
(B) an agency or a political subdivision of the United States government.
(2) License fees or permit fees.
(3) Insurance premiums.
(4) Utility payments or utility connection charges.
(5) Federal grant programs if:
(A) advance funding is not prohibited; and
(B) the contracting party provides sufficient security for the amount advanced.
(6) Grants of state funds authorized by statute.
(7) Maintenance agreements or service agreements.
(8) Lease agreements or rental agreements.
(9) Principal and interest payments on bonds.
(10) Payroll.
(11) State, federal, or county taxes.
(12) Expenses that must be paid because of emergency circumstances.
(13) Expenses described in an ordinance.
(c) Each payment of expenses under this section must be supported by a fully itemized invoice or bill and certification by the fiscal officer.
(d) The town legislative body or the board having jurisdiction over the allowance of the claim shall review and allow the claim at the body's or board's next regular or special meeting following the preapproved payment of the expense.
As added by P.L.32-1992, SEC.7. Amended by P.L.69-1995, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 4. Miscellaneous Town Fiscal and Administrative Provisions › 36-5-4-13. Transfer Between Funds

Sec. 13. (a) Except as provided in subsection (c), this subsection applies to a town with a population of five hundred (500) or less. Notwithstanding the provisions of any other statute, a town may transfer money from any town fund to another town fund after the passage of an ordinance or a resolution by the town legislative body specifying the:
(1) amount of the transfer;
(2) funds involved;
(3) date of the transfer; and
(4) general purpose of the transfer.
(b) Except as provided in subsection (c), this subsection applies to a town having a population of more than five hundred (500) and less than two thousand (2,000). Notwithstanding IC 8-14-1 and IC 8-14-2, a town may transfer money distributed to the town from:
(1) the motor vehicle highway account under IC 8-14-1;
(2) the local road and street account under IC 8-14-2; or
(3) the:
(A) motor vehicle highway account under IC 8-14-1; and
(B) local road and street account under IC 8-14-2;
to any other town fund after the passage of an ordinance or a resolution by the town legislative body that specifies the amount of the transfer, the funds involved, the date of the transfer, and the general purpose of the transfer. However, the total amount of all money transferred by a town under this subsection may not exceed forty thousand dollars ($40,000).
(c) A:
(1) municipality located in a county having a population of more than fifteen thousand four hundred fifty (15,450) and less than sixteen thousand (16,000); and
(2) town having a population of less than one thousand (1,000) located in a county having a population of more than forty thousand (40,000) and less than forty-three thousand (43,000);
may not transfer money under this section to or from a food and beverage tax receipts fund established under IC 6-9.
As added by P.L.17-1995, SEC.21. Amended by P.L.233-1996, SEC.1; P.L.170-2002, SEC.146; P.L.119-2012, SEC.192; P.L.104-2022, SEC.170; P.L.11-2023, SEC.117.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 4. Miscellaneous Town Fiscal and Administrative Provisions › 36-5-4-14. Filing Copies of Agency Financial Records

Sec. 14. Each town agency, board, commission, district, or other town entity shall file one (1) copy of that agency's, board's, commission's, district's, or entity's financial records with the town fiscal officer.
As added by P.L.98-2000, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 5. Town Manager › 36-5-5-2. Employment; Compensation; Tenure

Sec. 2. The town legislative body may employ a town manager to be the administrative head of the town government and may fix the manager's compensation and terms of employment. The manager may be employed to serve:
(1) at the pleasure of the legislative body; or
(2) for a definite tenure not to exceed the longest remaining term in office of a member of the legislative body, in which case the manager may be dismissed only for cause.
[Pre-Local Government Recodification Citations: 18-3-1.5-1 part; 18-3-1.5-2.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.127-2017, SEC.147.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 5. Town Manager › 36-5-5-3. Legislative Body Members Barred

Sec. 3. The town legislative body may not employ one of its members as the manager.
[Pre-Local Government Recodification Citation: 18-3-1.5-1 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1980, P.L.73, SEC.22.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 5. Town Manager › 36-5-5-4. Joint Employment

Sec. 4. The legislative bodies of two (2) or more towns may employ the same person as the manager of their respective towns.
[Pre-Local Government Recodification Citation: 18-3-1.5-1 part.]
As added by Acts 1980, P.L.212, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 5. Town Manager › 36-5-5-5. Performance Bond

Sec. 5. The manager must, in the manner prescribed by IC 5-4-1, execute a bond for the faithful performance of the manager's duties.
[Pre-Local Government Recodification Citation: 18-3-1.5-3 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1981, P.L.47, SEC.23; P.L.127-2017, SEC.148.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 5. Town Manager › 36-5-5-6. Acting Manager

Sec. 6. The town legislative body may appoint a qualified person to perform the duties of the manager whenever the manager is absent or unable to perform the manager's duties.
[Pre-Local Government Recodification Citation: 18-3-1.5-3 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.127-2017, SEC.149.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 5. Town Manager › 36-5-5-7. Bonds, Notes, or Warrants; Prohibition

Sec. 7. The town legislative body may not authorize the manager to issue or execute bonds, notes, or warrants of the town.
[Pre-Local Government Recodification Citation: 18-3-1.5-5.]
As added by Acts 1980, P.L.212, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 5. Town Manager › 36-5-5-8. Duties

Sec. 8. The manager, under the direction of the town legislative body, is responsible for the administrative duties of the legislative body. Unless a written order or ordinance of the legislative body provides otherwise, the manager:
(1) shall attend the meetings of the legislative body and recommend actions the manager considers advisable;
(2) shall hire town employees according to the pay schedules and standards fixed by the legislative body or by statute;
(3) shall suspend, discharge, remove, or transfer town employees, if necessary for the welfare of the town;
(4) may delegate any of the manager's powers to an employee responsible to the manager;
(5) shall administer and enforce all ordinances, orders, and resolutions of the legislative body;
(6) shall see that all statutes that are required to be administered by the legislative body or a town officer subject to the control of the legislative body are faithfully administered;
(7) shall prepare budget estimates and submit them to the legislative body when required;
(8) shall execute contracts on behalf of the town for materials, supplies, services, or improvements, after the completion of the appropriations, notice, and competitive bidding required by statute; and
(9) may receive service of summons on behalf of the town.
[Pre-Local Government Recodification Citations: 18-3-1.5-4; 18-3-1.5-6.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.127-2017, SEC.150.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 5. Town Manager › 36-5-5-9. Police Disciplinary Body Membership Barred

Sec. 9. The manager may not serve as a member of any body that hears disciplinary charges against:
(1) the town marshal; or
(2) a member of the town police department.
As added by P.L.343-1987, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 6. Town Clerk-Treasurer › 36-5-6-2. Clerk and Fiscal Officer; Exception

Sec. 2. Except as provided in IC 36-5-6.5, the clerk-treasurer elected under this chapter is both the town clerk and the town fiscal officer.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.56-2022, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 6. Town Clerk-Treasurer › 36-5-6-3. Residency; Term of Office

Sec. 3. (a) The clerk-treasurer must reside within the town as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The clerk-treasurer forfeits office if the clerk-treasurer ceases to be a resident of the town. An individual who resides in territory that is annexed by the town before the election is considered a resident of the town for purposes of this subsection, even if the annexation took effect less than one (1) year before the election.
(b) Except as provided in subsection (c), (d), (e), or (f), the term of office of the clerk-treasurer is four (4) years, beginning at noon January 1 after election and continuing until a successor is elected and qualified.
(c) The term of office of a clerk-treasurer elected under IC 36-5-1-10.1 following the incorporation of the town:
(1) begins at noon November 30 following the election; and
(2) continues until noon January 1 following the next municipal election scheduled under IC 3-10-6-5 or IC 3-10-7-6 and until the clerk-treasurer's successor is elected and qualified.
(d) The term of office of a clerk-treasurer subject to an ordinance described by IC 3-10-6-2.6 is:
(1) one (1) year if the clerk-treasurer is elected at the next municipal election not conducted in a general election year; and
(2) four (4) years for the successors of the clerk-treasurer described in subdivision (1);
beginning at noon January 1 after the clerk-treasurer's election and continuing until the clerk-treasurer's successor is elected and qualified.
(e) The term of office of a clerk-treasurer subject to an ordinance described by IC 3-10-7-2.7 is:
(1) three (3) years if the clerk-treasurer is elected at the next municipal election not conducted in a general election year; and
(2) four (4) years for the successors of the clerk-treasurer described in subdivision (1);
beginning noon January 1 after the clerk-treasurer's election and continuing until the clerk-treasurer's successor is elected and qualified.
(f) The term of office of a clerk-treasurer subject to an ordinance described by IC 3-10-7-2.9 is:
(1) the term of office provided by the ordinance, not to exceed four (4) years, for the clerk-treasurer elected in the first election cycle after adoption of the ordinance; and
(2) four (4) years for the successors of the clerk-treasurer described in subdivision (1).
[Pre-Local Government Recodification Citation: 18-3-1-16 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.3-1987, SEC.562; P.L.3-1993, SEC.277; P.L.4-1996, SEC.104; P.L.109-2015, SEC.61; P.L.56-2022, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 6. Town Clerk-Treasurer › 36-5-6-4. Election

Sec. 4. The clerk-treasurer shall be elected under IC 3-10-6 or IC 3-10-7 by the voters of the whole town.
[Pre-Local Government Recodification Citation: 18-3-1-16 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.5-1986, SEC.56.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 6. Town Clerk-Treasurer › 36-5-6-5. Oaths, Depositions, and Acknowledgments

Sec. 5. The clerk-treasurer may administer oaths, take depositions, and take acknowledgments of instruments required by statute to be acknowledged.
[Pre-Local Government Recodification Citation: 18-3-1-31 part.]
As added by Acts 1980, P.L.212, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 6. Town Clerk-Treasurer › 36-5-6-5.1. Office Space Provided

Sec. 5.1. If office space exists in a building owned or leased by the town, the legislative body shall provide suitable office space for the:
(1) clerk-treasurer; and
(2) staff and records of the clerk-treasurer.
As added by P.L.69-1995, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 6. Town Clerk-Treasurer › 36-5-6-6. Powers and Duties; Exception

Note: This version of section effective until 1-1-2024. See also following version of this section, effective 1-1-2024.
Sec. 6. (a) This section does not apply to a town that has adopted an ordinance under IC 36-5-6.5.
(b) The clerk-treasurer shall do the following:
(1) Receive and care for all town money and pay the money out only on order of the town legislative body.
(2) Keep accounts showing when and from what sources the clerk-treasurer has received town money and when and to whom the clerk-treasurer has paid out town money.
(3) Prescribe payroll and account forms for all town offices.
(4) Prescribe the manner in which creditors, officers, and employees shall be paid.
(5) Manage the finances and accounts of the town and make investments of town money.
(6) Prepare for the legislative body the budget estimates of miscellaneous revenue, financial statements, and the proposed tax rate.
(7) Maintain custody of the town seal and the records of the legislative body.
(8) Issue all licenses authorized by statute and collect the fees fixed by ordinance.
(9) Serve as clerk of the legislative body by attending its meetings and recording its proceedings.
(10) Administer oaths, take depositions, and take acknowledgment of instruments that are required by statute to be acknowledged, without charging a fee.
(11) Serve as clerk of the town court under IC 33-35-3-2, if the judge of the court does not serve as clerk of the court or appoint a clerk of the court under IC 33-35-3-1.
(12) Perform all other duties prescribed by statute.
(c) A clerk-treasurer is not liable, in an individual capacity, for any act or omission occurring in connection with the performance of the requirements set forth in subsection (b), unless the act or omission constitutes gross negligence or an intentional disregard of the requirements.
[Pre-Local Government Recodification Citations: Part new; 18-3-1-30; 18-3-1-31 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1981, P.L.17, SEC.27; P.L.189-1988, SEC.5; P.L.10-1997, SEC.33; P.L.33-1998, SEC.11; P.L.98-2004, SEC.162; P.L.56-2022, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 6. Town Clerk-Treasurer › 36-5-6-6-b. Powers and Duties; Exception

Note: This version of section effective 1-1-2024. See also preceding version of this section, effective until 1-1-2024.
Sec. 6. (a) This section does not apply to a town that has adopted an ordinance under IC 36-5-6.5.
(b) The clerk-treasurer shall do the following:
(1) Receive and care for all town money and pay the money out only on order of the town legislative body.
(2) Keep accounts showing when and from what sources the clerk-treasurer has received town money and when and to whom the clerk-treasurer has paid out town money.
(3) Prescribe payroll and account forms for all town offices.
(4) Prescribe the manner in which creditors, officers, and employees shall be paid.
(5) Manage the finances and accounts of the town and make investments of town money.
(6) Prepare for the legislative body the budget estimates of miscellaneous revenue, financial statements, and the proposed tax rate.
(7) Maintain custody of the town seal and the records of the legislative body.
(8) Issue all licenses authorized by statute and collect the fees fixed by ordinance.
(9) Serve as clerk of the legislative body by attending its meetings and recording its proceedings.
(10) Administer oaths, take depositions, and take acknowledgment of instruments that are required by statute to be acknowledged, without charging a fee.
(11) Serve as clerk of the town court under IC 33-35-3-2, if the judge of the court does not serve as clerk of the court or appoint a clerk of the court under IC 33-35-3-1.
(12) Perform all other duties prescribed by statute.
(c) Except as provided in IC 5-11, a clerk-treasurer is not liable, in an individual capacity, for any act or omission occurring in connection with the performance of the requirements set forth in subsection (b), unless the act or omission constitutes gross negligence or an intentional disregard of the requirements.
[Pre-Local Government Recodification Citations: Part new; 18-3-1-30; 18-3-1-31 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1981, P.L.17, SEC.27; P.L.189-1988, SEC.5; P.L.10-1997, SEC.33; P.L.33-1998, SEC.11; P.L.98-2004, SEC.162; P.L.56-2022, SEC.7; P.L.58-2023, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 6. Town Clerk-Treasurer › 36-5-6-6.5. Conversion of Town Clerk-Treasurer Into Town Clerk and Town Controller; Ordinance; Duties of Town Clerk After Conversion; References to Town Clerk-Treasurer

Sec. 6.5. (a) This section applies only to a town that adopts an ordinance under IC 36-5-6.5.
(b) A reference to a town clerk-treasurer in the Indiana Code is considered to be a reference to the town clerk who serves a town that has an appointed controller under IC 36-5-6.5, to the extent that the reference is connected to the duties of the town clerk set forth in subsection (e).
(c) A reference to a town clerk-treasurer in the Indiana Code is considered to be a reference to the town controller who serves a town that has an appointed controller under IC 36-5-6.5, to the extent that the reference is connected to the duties of the town controller set forth IC 36-5-6.5-5.
(d) Not later than the effective date of an ordinance adopted under IC 36-5-6.5, the town clerk-treasurer shall turn over to the controller the records relating to the controller's powers and duties described in IC 36-5-6.5-5.
(e) The town clerk shall do the following:
(1) Serve as clerk of the town council under IC 36-5-2-2 and maintain custody of its records.
(2) Maintain all records required by law.
(3) Keep the town seal.
(4) As soon as a successor is elected and qualified, deliver to the successor all the records and property of the clerk's office.
(5) Perform other duties prescribed by law.
(6) Administer oaths when necessary in the discharge of the clerk's duties, without charging a fee.
(7) Take depositions, without charging a fee.
(8) Take acknowledgment of instruments that are required by statute to be acknowledged, without charging a fee.
(9) Serve as clerk of the town court under IC 33-35-3-2, if the judge of the court does not serve as clerk of the court or appoint a clerk of the court under IC 33-35-3-1.
(f) A town clerk is not liable, in an individual capacity, for any act or omission occurring in connection with the performance of the requirements set forth in subsection (e), unless the act or omission constitutes gross negligence or an intentional disregard of the requirements of law.
As added by P.L.56-2022, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 6. Town Clerk-Treasurer › 36-5-6-7. Deputies and Employees

Note: This version of section effective until 1-1-2024. See also following version of this section, effective 1-1-2024.
Sec. 7. (a) The clerk-treasurer shall appoint the number of deputies and employees needed for the effective operation of the office, with the approval of the town legislative body. The clerk-treasurer's deputies and employees serve at the clerk-treasurer's pleasure.
(b) If a town owns a utility and the clerk-treasurer is directly responsible for the billing and collection of that utility's rates and charges, the clerk-treasurer shall appoint those employees who are also responsible for that billing and collection. These employees serve at the clerk-treasurer's pleasure.
[Pre-Local Government Recodification Citation: 18-2-5-1 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.189-1988, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 6. Town Clerk-Treasurer › 36-5-6-7-b. Clerk-Treasurer Unable to Perform Fiscal Responsibilities

Note: This version of section effective 1-1-2024. See also preceding version of this section, effective until 1-1-2024.
Sec. 7. (a) The clerk-treasurer shall appoint the number of deputies and employees needed for the effective operation of the office, with the approval of the town legislative body. The clerk-treasurer's deputies and employees serve at the clerk-treasurer's pleasure.
(b) If a town owns a utility and the clerk-treasurer is directly responsible for the billing and collection of that utility's rates and charges, the clerk-treasurer shall appoint those employees who are also responsible for that billing and collection. These employees serve at the clerk-treasurer's pleasure.
(c) If the clerk-treasurer is unable to perform the fiscal requirements of the clerk-treasurer's position, the town shall hire or contract with a qualified certified public accountant to:
(1) provide guidance to the clerk-treasurer regarding the performance of the clerk-treasurer's responsibilities; or
(2) perform the clerk-treasurer's fiscal responsibilities.
The clerk-treasurer is considered to be unable to perform the fiscal requirements of the clerk-treasurer's position if the town is declared unauditable under IC 5-11-1-9(b).
[Pre-Local Government Recodification Citation: 18-2-5-1 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.189-1988, SEC.6; P.L.58-2023, SEC.29.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 6. Town Clerk-Treasurer › 36-5-6-8. Employment of Attorneys or Legal Research Assistants

Sec. 8. (a) A clerk-treasurer may hire or contract with competent attorneys or legal research assistants on terms the clerk-treasurer considers appropriate.
(b) Appropriations for the salaries of attorneys and legal research assistants employed under this section shall be approved in the annual budget.
(c) Appropriations for the salaries of attorneys and legal research assistants employed under this section shall be approved in the annual budget and must be allocated to the clerk-treasurer for the payment of attorneys' and legal research assistants' salaries.
As added by P.L.69-1995, SEC.13. Amended by P.L.98-2000, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 6. Town Clerk-Treasurer › 36-5-6-9. Vacancy in Office

Note: This version of section effective until 1-1-2024. See also following version of this section, effective 1-1-2024.
Sec. 9. (a) This section applies if an office of town clerk-treasurer is vacant and the town legislative body is unable to fill the office under IC 3-13-9-3.
(b) The town legislative body may select a town legislative body member, who shall assume the duties of the office of town clerk-treasurer. For purposes of Article 2, Section 9 of the Constitution of the State of Indiana and Indiana law, if a town legislative body member serves as the ex officio town clerk-treasurer, the duties assumed by the town legislative body member:
(1) are considered part of the duties prescribed by law for the office of town legislative body member; and
(2) are not considered a second office.
A town legislative body member may not receive any additional compensation for assuming the duties of the town clerk treasurer.
(c) The town legislative body may enter into an interlocal agreement under IC 36-1-7 with the town clerk-treasurer and town legislative body of another town in the state to assist the town legislative body member selected under subsection (b) in performing the duties of the clerk-treasurer's office. The agreement may not last longer than the remainder of the vacant clerk-treasurer's term and must meet the requirements of IC 36-1-7.
(d) If an agreement cannot be reached under subsection (c), the town legislative body may enter into a contract with a certified public accountant to assist the town legislative body member selected under subsection (b) in performing the duties of the clerk-treasurer's office. The contract may not last longer than the remainder of the vacant clerk-treasurer's term.
As added by P.L.120-2015, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 6. Town Clerk-Treasurer › 36-5-6-9-b. Vacancy in Office

Note: This version of section effective 1-1-2024. See also preceding version of this section, effective until 1-1-2024.
Sec. 9. (a) This section applies if an office of town clerk-treasurer is vacant and the town legislative body is unable to fill the office under IC 3-13-9-3.
(b) The town legislative body may select a town legislative body member, who shall assume the duties of the office of town clerk-treasurer. For purposes of Article 2, Section 9 of the Constitution of the State of Indiana and Indiana law, if a town legislative body member serves as the ex officio town clerk-treasurer, the duties assumed by the town legislative body member:
(1) are considered part of the duties prescribed by law for the office of town legislative body member; and
(2) are not considered a second office.
A town legislative body member may not receive any additional compensation for assuming the duties of the town clerk treasurer.
(c) The town legislative body may either:
(1) enter into an interlocal agreement under IC 36-1-7 with the town clerk-treasurer and town legislative body of another town in the state to assist the town legislative body member selected under subsection (b) in performing the duties of the clerk-treasurer's office, provided that the agreement may not last longer than the remainder of the vacant clerk-treasurer's term and must meet the requirements of IC 36-1-7; or
(2) enter into a contract with a certified public accountant to assist the town legislative body member selected under subsection (b) in performing the duties of the clerk-treasurer's office, provided that the contract may not last longer than the remainder of the vacant clerk-treasurer's term.
(d) If, after reasonable diligence, the town is unable to meet the requirements under subsection (c), the town may hire any qualified person to perform the duties of the clerk-treasurer's office until the vacancy can be filled under IC 3-13-9-3, or until the end of the current clerk-treasurer's term, whichever is first.
As added by P.L.120-2015, SEC.3. Amended by P.L.58-2023, SEC.30.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 6. Town Clerk-Treasurer › 36-5-6-10. Training Requirements

Note: This version of section effective until 1-1-2024. See also following version of this section, effective 1-1-2024.
Sec. 10. (a) As used in this section, "training courses" refers to training courses, workshops, training institutes authorized by IC 5-11-14, formal academies, special seminars, and other in-service training related to an office described in section 2 of this chapter that are developed or offered under the rubric of a generally accepted professional association, association of governments or a state agency or department, or public university or affiliated center.
(b) An individual elected to the office described in section 2 of this chapter on or after November 5, 2019, shall complete at least:
(1) fourteen (14) hours of training courses within one (1) year; and
(2) thirty-six (36) hours of training courses within three (3) years;
after the individual is elected to the office described in section 2 of this chapter.
(c) A training course that an individual completes:
(1) after being elected to the office described in section 2 of this chapter; and
(2) before the individual begins serving in the office described in section 2 of this chapter;
shall be counted toward the requirements under subsection (b).
(d) An individual shall fulfill the training requirements established by subsection (b) for each term to which the individual is elected to the office described in section 2 of this chapter.
(e) This subsection applies only to an individual appointed to fill a vacancy in the office described in section 2 of this chapter. An individual described in this subsection may, but is not required to, take training courses required by subsection (b). If an individual described in this subsection takes a training course required by subsection (b) for an individual elected to the office described in section 2 of this chapter, the town shall pay for the training course as if the individual had been elected to the office described in section 2 of this chapter.
(f) The:
(1) town executive;
(2) town legislative body; and
(3) individual who holds the office described in section 2 of this chapter;
shall use all reasonable means to ensure that the individual who holds the office described in section 2 of this chapter complies with the training requirements established by this section.
(g) The individual who holds the office described in section 2 of this chapter shall maintain written documentation of the training courses that the individual completes toward the requirements of this section.
(h) If a town reorganizes under IC 36-1.5, the individual who performs the functions of the office described in section 2 of this chapter for the town shall comply with the training requirements established by this section for the reorganized political subdivision.
As added by P.L.257-2019, SEC.114.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 6.5. Town Controller › 36-5-6.5-1. Application; Town With Certain Population; Adoption of Ordinance

Sec. 1. This chapter applies only to a town that:
(1) has a population of thirty-four thousand (34,000) or more; and
(2) adopts an ordinance under this chapter.
As added by P.L.56-2022, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 6.5. Town Controller › 36-5-6.5-2. Adoption of Ordinance to Establish Office of Town Controller

Sec. 2. The town legislative body may adopt an ordinance to establish the office of town controller to be appointed by the legislative body.
As added by P.L.56-2022, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 6.5. Town Controller › 36-5-6.5-5. Town Controller Duties

Sec. 5. The town controller shall do the following:
(1) Prescribe the form of reports and accounts to be submitted to the department.
(2) Sign and issue all warrants on the town treasury.
(3) Audit and revise all accounts and trusts in which the town is concerned.
(4) Keep separate accounts for each item of appropriation made for each town department, including a statement showing the amount drawn on each appropriation, the unpaid contracts charged against it, and the balance remaining.
(5) At the end of each fiscal year, submit under oath to the town legislative body a report of the accounts of the town published in pamphlet form and showing revenues, receipts, expenditures, and the sources of revenues.
(6) Maintain custody of the records of the department and turn them over to the fiscal officer's successor in office.
(7) Perform duties prescribed by statute concerning the negotiation of town bonds, notes, and warrants.
(8) Keep a register of bonds of the town and of transfers of those bonds.
(9) Manage the finances and accounts of the town and make investments of town money, subject to the ordinances of the legislative body and laws concerning public funds.
(10) Issue town licenses on payment of the license fee.
(11) Collect fees as fixed by ordinance.
(12) Pay into the town treasury, in accordance with the laws concerning public funds, all fees and other town money collected by the department, specifying the source of each item.
(13) Prescribe payroll and account forms for all town offices.
(14) Prescribe the manner in which salaries shall be drawn.
(15) Prescribe the manner in which creditors, officers, and employees shall be paid.
(16) Provide that all salaries are payable monthly, unless the legislative body establishes more frequent payments.
(17) Notify the town council of the failure of any town officer to collect money due the town or to pay town money into the town treasury.
(18) Draw warrants on the town treasury for miscellaneous town expenditures not made under the direction of a department and not specifically fixed by statute.
(19) If a town owns a utility and the controller is directly responsible for the billing and collection of that utility's rates and charges, the controller shall appoint those employees who are also responsible for that billing and collection. These employees serve at the controller's pleasure.
As added by P.L.56-2022, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 6.5. Town Controller › 36-5-6.5-6. Town Controller Acts or Omissions; Liability

Sec. 6. The town controller is not liable, in an individual capacity, for any act or omission occurring in connection with the performance of the town controller's duties as the town's fiscal officer, unless the act or omission constitutes gross negligence or an intentional disregard of the controller's duty as fiscal officer.
As added by P.L.56-2022, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 7. Town Marshal › 36-5-7-2. Appointment; Compensation

Sec. 2. The town legislative body shall appoint a town marshal and fix the town marshal's compensation.
[Pre-Local Government Recodification Citation: 18-3-1-16 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.127-2017, SEC.151.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 7. Town Marshal › 36-5-7-3. Tenure; Termination or Suspension; Procedures

Sec. 3. The marshal serves at the pleasure of the town legislative body. However, before terminating or suspending a marshal who has been employed by the town for more than six (6) months after completing the minimum basic training requirements adopted by the law enforcement training board under IC 5-2-1-9, the legislative body must conduct the disciplinary removal and appeals procedure prescribed by IC 36-8 for city fire and police departments.
[Pre-Local Government Recodification Citation: 18-3-1-16 part.]
As added by Acts 1980, P.L.212, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 7. Town Marshal › 36-5-7-4. Chief Police Officer; Powers and Duties

Sec. 4. The marshal is the chief police officer of the town and has the powers of other law enforcement officers in executing the orders of the legislative body and enforcing laws. The marshal or the marshal's deputy:
(1) shall serve all process directed to the marshal or deputy by the town court or legislative body;
(2) shall arrest without process all persons who commit an offense within the marshal's or deputy's view, take them before a court having jurisdiction, and detain them in custody until the cause of the arrest has been investigated;
(3) shall suppress breaches of the peace;
(4) may, if necessary, call the power of the town to the marshal's or deputy's aid;
(5) may execute search warrants and arrest warrants; and
(6) may pursue and jail persons who commit an offense.
[Pre-Local Government Recodification Citations: 18-3-1-20 part; 18-3-1-32.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.127-2017, SEC.152.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 7. Town Marshal › 36-5-7-5. Service as Street Commissioner, Chief of Fire Department, or Both

Sec. 5. The town legislative body may require the marshal to serve as street commissioner, chief of the fire department, or both.
[Pre-Local Government Recodification Citation: 18-3-1-20 part.]
As added by Acts 1980, P.L.212, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 7. Town Marshal › 36-5-7-6. Deputy Marshals; Appointment; Powers and Liabilities; Bond, Compensation, and Term; Dismissal; Procedure

Sec. 6. (a) The town legislative body shall by ordinance fix the number of deputy marshals. The town legislative body may by ordinance authorize the marshal to appoint deputy marshals. Deputy marshals have the powers and liabilities of the marshal in executing the orders of the legislative body or enforcing laws.
(b) One (1) deputy marshal may be designated as the town humane officer. The designated deputy has the duties prescribed by IC 36-8 for city humane officers.
(c) The legislative body shall fix the amount of bond, compensation, and term of service of deputy marshals. The marshal may dismiss a deputy marshal at any time. However, a deputy marshal who has been employed by the town for more than six (6) months after completing the minimum basic training requirements adopted by the law enforcement training board under IC 5-2-1-9 may be dismissed only if the procedure prescribed by section 3 of this chapter is followed.
[Pre-Local Government Recodification Citations: 18-3-1-16 part; 18-3-1-33.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.51-1999, SEC.1; P.L.127-2017, SEC.153.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 7. Town Marshal › 36-5-7-7. Body Armor

Sec. 7. (a) As used in this section, "body armor" has the meaning set forth in IC 35-47-5-13(a).
(b) After December 31, 2010, a town shall provide the town marshal and active deputy marshals of the town with body armor for the torso. The town shall replace the body armor for the torso according to the replacement period recommended by the manufacturer of the body armor for the torso.
(c) The town marshal and active deputy marshals of the town may not be required to pay for maintenance of the body armor for the torso furnished under this section.
(d) Body armor for the torso provided by a town under this section remains the property of the town. The town may sell the property when it becomes unfit for use, and all money received shall be paid into the general fund of the town.
As added by P.L.34-2010, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 1. Division of County Into Townships › 36-6-1-1. Name of Township; Change of Name

Sec. 1. (a) Each township is known as ___________ Township of _____________ County, according to the name of the township and the county in which it is located.
(b) The county executive may adopt an order to change the name of the townships in the county. A change of name under this section becomes effective when the county executive files a copy of the order with:
(1) the circuit court clerk; and
(2) the office of the secretary of state.
[Pre-Local Government Recodification Citations: 17-1-19-1 part; 17-4-6-1 part.]
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.5-1989, SEC.116; P.L.3-1997, SEC.465; P.L.123-2000, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 1. Division of County Into Townships › 36-6-1-2. Boundaries; Records

Sec. 2. Accurate descriptions of township boundaries shall be maintained in the records of the county executive.
[Pre-Local Government Recodification Citation: 17-1-19-2.]
As added by Acts 1980, P.L.212, SEC.5.