reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 4. Township Executive › 36-6-4-15. Resignation or Death; Issuance of Call for Special Meeting by New Executive; Annual Report

Sec. 15. (a) If the executive resigns or dies, the former executive or the former executive's personal representative shall immediately deliver to the new executive custody of all funds and property of the township. The new executive shall then issue a call for a special meeting of the township legislative body, to be held not more than fifteen (15) days later. At the special meeting the legislative body shall:
(1) examine the records of the township;
(2) inquire into the conduct of the executive's office; and
(3) approve in whole or in part the records, receipts, and expenditures of the township to the date of death or resignation of the former executive.
(b) In the new executive's annual report to the legislative body, the new executive shall distinguish between the new executive's transactions and those of the former executive. The legislative body need not, at its annual meeting under IC 36-6-6-9, review items in the report that were considered at the special meeting.
[Pre-Local Government Recodification Citation: 17-4-28-5 part.]
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.127-2017, SEC.159.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 4. Township Executive › 36-6-4-16. Incapacity; Petition; Hearing; Acting Executive; Salaries; Restoration of Capacity; Resumption of Duties

Sec. 16. (a) When twenty-five (25) or more resident freeholders of a township file a petition with the circuit court, superior court, or probate court of the county, alleging that the township executive is incapable of performing the executive's duties due to mental or physical incapacity, the clerk of the court shall issue a summons to be served on the executive. The summons is returnable not less than ten (10) days from its date of issue.
(b) Immediately following the return date set out on the summons, the circuit court, superior court, or probate court shall hold a hearing on the matter alleged in the petition. After hearing the evidence and being fully advised, the court shall enter its findings and judgment.
(c) If the court finds the executive incapable of performing the duties of office, the clerk of the court shall certify a copy of the judgment to the county executive, which shall, within five (5) days, appoint a resident of the township as acting executive of the township during the incapacity of the executive.
(d) The acting executive shall execute and file a bond in an amount fixed by the county auditor. After taking the oath of office, the acting executive has all the powers and duties of the executive.
(e) The acting executive is entitled to the salary and benefits provided by this article for the executive.
(f) When an incapacitated executive files a petition with the circuit court, superior court, or probate court of the county alleging that the executive is restored to mental or physical ability to perform the duties of office, the court shall immediately hold a hearing on the matters alleged. After hearing the evidence and being fully advised, the court shall enter its findings and judgment.
(g) If the court finds the executive capable of resuming duties, the clerk of the court shall certify a copy of the judgment to the county executive, which shall, within five (5) days, revoke the appointment of the acting executive.
(h) For purposes of this section, the board of county commissioners is considered the executive of a county having a consolidated city.
[Pre-Local Government Recodification Citations: 17-4-9-1; 17-4-9-2; 17-4-9-3; 17-4-9-4.]
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.1-2010, SEC.148; P.L.84-2016, SEC.177.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 4. Township Executive › 36-6-4-17. Failure to Perform Duty; Liability; Compensation; Personal Use of Township Funds

Note: This version of section effective until 1-1-2024. See also following version of this section, effective 1-1-2024.
Sec. 17. (a) An executive who fails to perform a duty imposed by section 3(1), 3(2), 3(3), 3(4), 3(5), 3(7), 3(8), 5, or 14(1) of this chapter is liable to the township in a sum of not more than one hundred dollars ($100), to be recovered in a civil action brought in the name of the township.
(b) An executive is entitled to receive the following:
(1) The executive's salary.
(2) Reimbursement for expenses that are reasonably incurred by the executive for the following:
(A) The operation of the executive's office.
(B) Travel and meals while attending seminars or conferences on township matters.
(C) A sum for mileage as permitted under IC 36-6-8-3(b).
The executive may not make any other personal use of township funds without prior approval by the legislative body of the township.
(c) An executive who fails to perform a duty imposed by section 3(12), 3(13), or 3(14) of this chapter or subsection (b) may be removed from office by an action under IC 5-8-1-35 that is initiated under IC 36-6-4.5.
[Pre-Local Government Recodification Citation: 17-4-6-10.]
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.34-1992, SEC.3; P.L.24-2022, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 4. Township Executive › 36-6-4-17-b. Failure to Perform Duty; Liability; Compensation; Personal Use of Township Funds

Note: This version of section effective 1-1-2024. See also preceding version of this section, effective until 1-1-2024.
Sec. 17. (a) Except as provided in IC 5-11, an executive who fails to perform a duty imposed by section 3(1), 3(2), 3(3), 3(4), 3(5), 3(7), 3(8), 5, or 14(1) of this chapter is liable to the township in a sum of not more than one hundred dollars ($100), to be recovered in a civil action brought in the name of the township.
(b) An executive is entitled to receive the following:
(1) The executive's salary.
(2) Reimbursement for expenses that are reasonably incurred by the executive for the following:
(A) The operation of the executive's office.
(B) Travel and meals while attending seminars or conferences on township matters.
(C) A sum for mileage as permitted under IC 36-6-8-3(b).
The executive may not make any other personal use of township funds without prior approval by the legislative body of the township.
(c) An executive who fails to perform a duty imposed by section 3(12), 3(13), or 3(14) of this chapter or subsection (b) may be removed from office by an action under IC 5-8-1-35 that is initiated under IC 36-6-4.5.
[Pre-Local Government Recodification Citation: 17-4-6-10.]
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.34-1992, SEC.3; P.L.24-2022, SEC.5; P.L.58-2023, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 4. Township Executive › 36-6-4-18. Designation of Alternate to Perform Executive's Duties and Functions

Note: This version of section effective until 1-1-2024. See also following version of this section, effective 1-1-2024.
Sec. 18. (a) Within thirty (30) days after taking office, the executive shall designate a person who shall perform the executive's duties whenever the executive is incapable of performing the executive's functions because the executive:
(1) is absent from the township; or
(2) becomes incapacitated.
The executive shall give notice of the designation to the chair of the township legislative body, the county sheriff, and any other persons that the executive chooses. The designee shall have all the powers of the executive. The executive is responsible for all acts of the designee. The executive may change the designee under this section at any time.
(b) The designee shall perform the executive's duties until:
(1) the executive is no longer absent from the township; or
(2) an acting executive is appointed by the county executive under section 16 of this chapter.
As added by P.L.105-1986, SEC.3. Amended by P.L.21-2002, SEC.1; P.L.127-2017, SEC.160.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 4. Township Executive › 36-6-4-18-b. Designation of Alternate to Perform Executive's Duties and Functions

Note: This version of section effective 1-1-2024. See also preceding version of this section, effective until 1-1-2024.
Sec. 18. (a) Within thirty (30) days after taking office, the executive shall designate a person who shall perform the executive's duties whenever the executive is incapable of performing the executive's functions because the executive:
(1) is absent from the township; or
(2) becomes incapacitated.
The executive shall give notice of the designation to the chair of the township legislative body, the county sheriff, and any other persons that the executive chooses. The designee shall have all the powers of the executive. The executive is responsible for all acts of the designee. The executive may change the designee under this section at any time.
(b) The designee shall perform the executive's duties until:
(1) the executive is no longer absent from the township; or
(2) an acting executive is appointed by the county executive under section 16 of this chapter.
(c) If the executive is unable to perform the fiscal requirements of the executive's position, the township shall hire or contract with a qualified certified public accountant to:
(1) provide guidance to the executive regarding the performance of the executive's responsibilities; or
(2) perform the executive's fiscal responsibilities.
The executive is considered to be unable to perform the fiscal requirements of the executive's position if the township is declared unauditable under IC 5-11-1-9(b).
As added by P.L.105-1986, SEC.3. Amended by P.L.21-2002, SEC.1; P.L.127-2017, SEC.160; P.L.58-2023, SEC.33.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 4. Township Executive › 36-6-4-20. Training

Effective 1-1-2024.
Sec. 20. (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, 2023, 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) An individual first elected or appointed to an office described in section 2 of this chapter shall complete five (5) hours of newly elected official training courses before the individual first takes office. A training course that the individual completes under this subsection 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 township 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) township legislative body; and
(2) 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) An individual elected or appointed to an office described in section 2 of this chapter shall certify completion of the requirements described in subsection (b) every year and file the certification with the state board of accounts in the same manner as the report required in IC 5-11-1-4(a).
As added by P.L.58-2023, SEC.34.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 4.5. Removal of Township Executive From Office › 36-6-4.5-1. "Violation"

Sec. 1. As used in this chapter, "violation" means a violation set forth in, or a violation of any duty set forth under:
(1) IC 5-8-1-35(a)(1) or IC 5-8-1-35(a)(2);
(2) IC 5-11-13-3;
(3) IC 36-6-4-3(12), IC 36-6-4-3(13), or IC 36-6-4-3(14);
(4) IC 36-6-4-5; or
(5) IC 36-6-4-17(b).
As added by P.L.24-2022, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 4.5. Removal of Township Executive From Office › 36-6-4.5-2. Action to Remove Township Executive

Sec. 2. An action to remove a township executive from office under IC 5-8-1-35 for committing a violation may be initiated as set forth in this chapter.
As added by P.L.24-2022, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 4.5. Removal of Township Executive From Office › 36-6-4.5-3. Township Legislative Body; Initiating Removal of Township Executive; Resolution; Public Hearing

Sec. 3. The township legislative body may initiate the removal of a township executive from office by adopting a resolution. At least one (1) public hearing must be held by the township legislative body on the resolution at least ten (10) business days before the resolution is adopted. The resolution must contain a concise statement of the underlying basic facts that support the township legislative body's finding that the township executive committed a violation.
As added by P.L.24-2022, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 4.5. Removal of Township Executive From Office › 36-6-4.5-4. Township Legislative Body; Resolution Filing Requirements

Sec. 4. The township legislative body must file the resolution with the county executive of the county in which the township is located not later than ten (10) business days after the date the resolution is adopted by the township legislative body or the resolution is void.
As added by P.L.24-2022, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 4.5. Removal of Township Executive From Office › 36-6-4.5-5. County Executive; Petitioning Court; Public Hearing; Resolution

Sec. 5. (a) Upon receiving a resolution timely filed under section 4 of this chapter, the county executive may initiate the process of petitioning a court to remove the township executive from office under IC 5-8-1-35 by adopting a resolution.
(b) At least one (1) public hearing must be held by the county executive on the resolution at least ten (10) business days before the resolution is adopted. The resolution must contain a concise statement of the underlying basic facts that support the county executive's finding that the township executive committed a violation.
As added by P.L.24-2022, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 4.5. Removal of Township Executive From Office › 36-6-4.5-6. County Executive; Adopting Resolution

Sec. 6. In the case of a county that:
(1) has a consolidated city, the resolution must be adopted by the county executive; or
(2) does not have a consolidated city, the resolution must be adopted by an affirmative vote of at least a majority of all members of the county executive.
As added by P.L.24-2022, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 4.5. Removal of Township Executive From Office › 36-6-4.5-7. County Executive; Certifying Resolution

Sec. 7. The county executive shall certify the resolution to:
(1) the county fiscal body;
(2) the township legislative body;
(3) the township executive; and
(4) the clerk of the court in which the action is filed under IC 5-8-1-35;
not later than ten (10) days after the date the resolution is adopted or the resolution is void.
As added by P.L.24-2022, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 4.5. Removal of Township Executive From Office › 36-6-4.5-8. County Fiscal Body; Petitioning Court; Public Hearing; Resolution

Sec. 8. (a) Upon receiving a resolution certified by the county executive under section 7 of this chapter, the county fiscal body may adopt a resolution to initiate the process of petitioning a court to remove the township executive from office under IC 5-8-1-35.
(b) At least one (1) public hearing must be held by the county fiscal body on the resolution at least ten (10) business days before the resolution is adopted. The resolution must contain a concise statement of the underlying basic facts that support the county fiscal body's finding that the township executive committed a violation. The finding and statement of underlying basic facts supporting the finding must be identical to those in the resolution adopted by the county executive.
(c) The resolution must be adopted by an affirmative vote of at least:
(1) five (5) members, in the case of a county fiscal body under IC 36-2-3-2(a);
(2) seven (7) members, in the case of a county fiscal body under IC 36-2-3-2(b); or
(3) seventeen (17) members, in the case of a county fiscal body of a county that has a consolidated city under IC 36-3-4-2.
(d) The county fiscal body shall certify the resolution to:
(1) the county executive;
(2) the township legislative body;
(3) the township executive; and
(4) the clerk of the court in which the action is filed under IC 5-8-1-35;
not later than ten (10) days after the resolution is adopted, or the resolution is void.
As added by P.L.24-2022, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 5. Township Assessor › 36-6-5-2. Repealed

[Pre-Local Government Recodification Citation: 17-4-27.4-5.]
As added by Acts 1980, P.L.212, SEC.5. Amended by Acts 1982, P.L.1, SEC.60; P.L.14-1983, SEC.6; P.L.219-2007, SEC.118. Repealed by P.L.146-2008, SEC.818.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 5. Township Assessor › 36-6-5-3. Statutory Duties

Sec. 3. (a) Except as provided in subsection (b), the assessor shall perform the duties prescribed by statute, including assessment duties prescribed by IC 6-1.1.
(b) Subsection (a) does not apply if the duties of the township assessor have been transferred to the county assessor as described in IC 6-1.1-1-24 or IC 36-2-15.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.162-2006, SEC.48; P.L.219-2007, SEC.119; P.L.146-2008, SEC.711.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 5. Township Assessor › 36-6-5-4. Certification Level of Employees of Township Assessor; Authorization for Appointment When the Township Assessor Has Not Attained the Required Level of Certification

Sec. 4. (a) Before July 1, 2017, an employee of a township assessor who performs real property assessing duties must have attained the level of certification under IC 6-1.1-35.5 that the township assessor is required to attain under section 1(g) of this chapter.
(b) After June 30, 2017, an employee of a township assessor who is responsible for placing an assessed valuation on real property must have attained the certification of a level three assessor-appraiser under IC 6-1.1-35.5.
(c) This subsection applies after June 30, 2017. If the township assessor has not attained the certification of a level three assessor-appraiser under IC 6-1.1-35.5, the township fiscal body shall authorize either of the following:
(1) The appointment of at least one (1) deputy or employee who has attained the certification of a level three assessor-appraiser under IC 6-1.1-35.5.
(2) Contracting with a person who has attained, or who employs for purposes of the contract an individual who has attained, the certification of a level three assessor-appraiser under IC 6-1.1-35.5. The individual under contract with the township assessor under this subdivision shall assist the township assessor with assessment duties as determined by the township assessor.
Payment for the deputy, employee, or contractor shall be made from the budget for the township assessor.
As added by P.L.146-2008, SEC.712. Amended by P.L.167-2015, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 6. Township Legislative Body › 36-6-6-2. Township Board; Election; Term of Office

Sec. 2. (a) Except as provided in subsection (b) and section 2.1 of this chapter, a three (3) member township board shall be elected under IC 3-10-2-13 by the voters of each township.
(b) The township board in a county containing a consolidated city shall consist of five (5) members elected under IC 3-10-2-13 by the voters of each township.
(c) The township board is the township legislative body.
(d) The term of office of a township board member is four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.5-1986, SEC.59; P.L.8-1987, SEC.83; P.L.6-1994, SEC.2; P.L.122-2000, SEC.22; P.L.170-2002, SEC.147; P.L.240-2005, SEC.6; P.L.266-2013, SEC.11; P.L.278-2019, SEC.191.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 6. Township Legislative Body › 36-6-6-2.1. Merged Townships; Township Board; Election; Members

Sec. 2.1. (a) This section applies if township governments merge under IC 36-6-1.5.
(b) If two (2) township governments merge, the resulting merged township government shall elect a three (3) member township board. The voters of the resulting merged township government shall elect all the members of the township board. One (1) member must reside within the boundaries of each of the township governments that merged.
(c) If at least three (3) township governments merge, the resulting merged township government shall elect a township board that has the same number of members as the number of township governments that merged. The voters of the resulting merged township shall elect all the members of the township board. One (1) township board member must reside within the boundaries of each of the townships that merged.
As added by P.L.240-2005, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 6. Township Legislative Body › 36-6-6-2.2. Election of Township Board Members; by Voters of a District; by All Township Voters

Sec. 2.2. (a) This subsection applies to townships in a county containing a consolidated city. The voters of each legislative body district established under section 2.5 of this chapter shall elect one (1) member of the township board.
(b) This subsection applies to townships not included in subsection (a). The voters of each township shall elect all the members of the township board.
As added by P.L.6-1994, SEC.3. Amended by P.L.170-2002, SEC.148.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 6. Township Legislative Body › 36-6-6-2.5. Division of Townships in County With Consolidated City Into Legislative Body Districts; Recertification of Districts; Filing With Circuit Court Clerk; Time for Filing

Sec. 2.5. (a) This section applies to townships in a county containing a consolidated city.
(b) The legislative body shall adopt a resolution that divides the township into legislative body districts that:
(1) are composed of contiguous territory;
(2) are reasonably compact;
(3) respect, as nearly as reasonably practicable, precinct boundary lines; and
(4) contain, as nearly as reasonably practicable, equal population.
(c) Before a legislative body may adopt a resolution that divides a township into legislative body districts, the secretary of the legislative body shall mail a written notice to the circuit court clerk. This notice must:
(1) state that the legislative body is considering the adoption of a resolution to divide the township into legislative body districts; and
(2) be mailed not later than ten (10) days before the legislative body adopts the resolution.
(d) Except as provided in subsection (e), the legislative body shall make a division into legislative body districts only at times permitted under IC 3-5-10.
(e) If the legislative body determines that a division is not required under subsection (b), the legislative body shall adopt an ordinance recertifying that the districts as drawn comply with this section.
(f) Each time there is a division under subsection (b) or a recertification under subsection (e), the legislative body shall file with the circuit court clerk of the county not later than thirty (30) days after the adoption or recertification occurs a map of the district boundaries:
(1) adopted under subsection (b); or
(2) recertified under subsection (e).
(g) The limitations set forth in this section are part of the ordinance, but do not have to be specifically set forth in the ordinance. The ordinance must be construed, if possible, to comply with this chapter. If a provision of the ordinance or an application of the ordinance violates this chapter, the invalidity does not affect the other provisions or applications of the ordinance that can be given effect without the invalid provision or application. The provisions of the ordinance are severable.
(h) IC 3-5-10 applies to a plan established under this section.
As added by P.L.6-1994, SEC.4. Amended by P.L.318-1995, SEC.1; P.L.122-2000, SEC.23; P.L.170-2002, SEC.149; P.L.230-2005, SEC.89; P.L.271-2013, SEC.53; P.L.169-2022, SEC.19.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 6. Township Legislative Body › 36-6-6-3. Residency Requirement of Members

Sec. 3. (a) This subsection applies to townships in a county containing a consolidated city. One (1) member of the legislative body must reside within each legislative body district. If a member of the legislative body ceases to be a resident of the district from which the member was elected, the office becomes vacant.
(b) This subsection applies to townships not included in subsection (a) or (c). A member of the legislative body must reside within the township as provided in Article 6, Section 6 of the Constitution of the State of Indiana. If a member of the legislative body ceases to be a resident of the township, the office becomes vacant.
(c) This subsection applies to a township government that:
(1) is created by a merger of township governments under IC 36-6-1.5; and
(2) elects a township board under section 2.1 of this chapter.
One (1) member of the legislative body must reside within the boundaries of each of the former townships that merged. If a member of the legislative body ceases to be a resident of that former township, the office becomes vacant.
[Pre-Local Government Recodification Citation: 17-4-28-1 part.]
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.3-1987, SEC.565; P.L.6-1994, SEC.5; P.L.170-2002, SEC.150; P.L.240-2005, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 6. Township Legislative Body › 36-6-6-4. Quorum

Sec. 4. (a) Except as provided in subsections (b) and (c), two (2) members of the legislative body constitute a quorum.
(b) Before January 1, 2017, four (4) members of the legislative body in a county containing a consolidated city constitute a quorum. After December 31, 2016, three (3) members of the legislative body in a county having a consolidated city constitute a quorum.
(c) This subsection applies to a township government that:
(1) is created by a merger of township governments under IC 36-6-1.5; and
(2) elects the township legislative body under section 2.1 of this chapter.
A majority of the members of the township legislative body constitute a quorum. If a township legislative body has an even number of members, the township executive shall serve by virtue of office as a member of the township legislative body for the purpose of casting the deciding vote to break a tie.
(d) For townships not described in subsection (c), the township executive shall serve by virtue of office as a member of the township legislative body for the purpose of casting the deciding vote to break a tie. However, the township executive may not vote to break a tie on the adoption of an ordinance to increase the township executive's compensation (as defined in section 10 of this chapter).
[Pre-Local Government Recodification Citation: 17-4-28-1 part.]
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.6-1994, SEC.6; P.L.122-2000, SEC.24; P.L.170-2002, SEC.151; P.L.240-2005, SEC.9; P.L.266-2013, SEC.12; P.L.159-2021, SEC.41.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 6. Township Legislative Body › 36-6-6-5. Adjournment of Meetings

Sec. 5. A meeting of the legislative body may be adjourned from day to day until its business is completed.
[Pre-Local Government Recodification Citation: 17-4-28-1 part.]
As added by Acts 1980, P.L.212, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 6. Township Legislative Body › 36-6-6-6. Appearance at Meetings by Taxpayer

Sec. 6. A taxpayer of the township may appear at any meeting of the legislative body and be heard as to:
(1) an estimate of expenditures;
(2) a proposed levy of taxes;
(3) the approval of the executive's annual report; or
(4) any other matter being considered by the legislative body.
[Pre-Local Government Recodification Citation: 17-4-29-1.]
As added by Acts 1980, P.L.212, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 6. Township Legislative Body › 36-6-6-7. Meetings; Election of Chairman and Secretary; Special Meeting

Sec. 7. (a) The legislative body shall meet at the office of the executive on the first Tuesday after the first Monday in January of each year. At this meeting the legislative body shall elect one (1) member as chair for that year and one (1) member as secretary for that year.
(b) If a newly elected legislative body holds a special meeting before the first Tuesday after the first Monday in the January following its election, it shall elect a chair and a secretary before conducting any other business. The chair and secretary elected at the special meeting retain those positions until the first Tuesday after the first Monday in January of the year following the special meeting.
[Pre-Local Government Recodification Citation: 17-4-28-1 part.]
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.127-2017, SEC.161.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 6. Township Legislative Body › 36-6-6-8. Record of Proceedings

Sec. 8. The legislative body shall keep a permanent record of its proceedings in a book furnished by the executive. The secretary of the legislative body shall, under the direction of the legislative body, record the minutes of the proceedings of each meeting in full and shall provide copies of the minutes to each member of the legislative body before the next meeting is convened. After the minutes are approved by the legislative body, the secretary of the legislative body shall place the minutes in the permanent record book. The chair of the legislative body shall retain the record in the chair's custody.
[Pre-Local Government Recodification Citation: 17-4-28-1 part.]
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.98-2000, SEC.25; P.L.127-2017, SEC.162.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 6. Township Legislative Body › 36-6-6-9. Meeting; Consideration and Approval of Annual Report of Executive; Disposition of Funds

Sec. 9. (a) The legislative body shall meet on or before the third Tuesday after the first Monday in February of each year. At this meeting it shall consider and approve, in whole or in part, the annual report of the executive presented under IC 36-6-4-12.
(b) The legislative body may send for persons, books, and papers necessary in the examination of the report. A member may administer oaths necessary in the examination of the report.
(c) Any sum in the control of the executive that remains unexpended and is subject to no liability shall be credited in favor of the fund for which it was appropriated.
(d) Any fund expended, in whole or in part, for a purpose for which it was not appropriated shall be considered unexpended and in the control of the executive, who is liable on the executive's bond for such an expenditure.
(e) When its examination of the report is completed, the legislative body shall take action on the report, specifying the parts of the report that are altered or disallowed. The report remains under the control of the legislative body and in the custody of its chair, who shall keep it open to inspection by taxpayers of the township.
[Pre-Local Government Recodification Citation: 17-4-28-5 part.]
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.49-1996, SEC.9; P.L.6-2013, SEC.1; P.L.127-2017, SEC.163.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 6. Township Legislative Body › 36-6-6-11. Meeting; Adoption of Annual Budget; Estimates; Appropriation; Taxation

Sec. 11. (a) The legislative body shall meet annually in accordance with IC 6-1.1-17, to adopt the township's annual budget. The legislative body must meet and adopt the annual budget even if the legislative body intends for the most recent annual appropriations and annual tax levy of the township to be continued for the ensuing budget year.
(b) The legislative body shall consider the estimates of expenditures made by the executive under IC 36-6-4-11, and may approve or reject all or part of any estimate or any item within an estimate. The legislative body may require the executive to further itemize an estimate not sufficiently itemized.
(c) The legislative body may not appropriate for any purpose an amount more than the executive's estimate of the amount required for that purpose.
(d) The legislative body shall include in the budget:
(1) provisions for the payment of existing debt of the township as it becomes due; and
(2) the amount of compensation under section 10 of this chapter.
(e) In making levies for the township general fund, the legislative body may include an amount not more than the amount necessary to compensate its members for their services during the year for which the levies are made.
(f) After the legislative body has taken action on the executive's estimates, it shall levy taxes for the township funds on property in the township and fix rates of taxation sufficient to provide that revenue during the next year.
(g) A township executive must file the budget adopted by the legislative body with the department of local government finance as required under IC 6-1.1-17-5(d). A township executive that fails to timely file the budget may be removed from office by an action under IC 5-8-1-35 that is initiated under IC 36-6-4.5.
(h) On the assessment date, as defined by IC 6-1.1-1-2, the rates of taxation adopted under this section become a levy and a lien on all taxable property in the township, including property in municipalities in the township. The levy constitutes an appropriation for the specific items in the executive's estimates.
[Pre-Local Government Recodification Citations: 6-1.1-17-5 part; 17-4-28-1 part; 17-4-28-2; 17-4-28-3 part; 17-4-29-2 part.]
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.209-2019, SEC.17; P.L.24-2022, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 6. Township Legislative Body › 36-6-6-12. Membership of Township in County, State, or National Associations; Appropriations; Expenses

Sec. 12. (a) The legislative body may appropriate money for membership of the township in county, state, or national associations that:
(1) are of a civic, educational, or governmental nature; and
(2) have as a purpose the improvement of township governmental operations.
The township representatives may participate in the activities of these associations, and the legislative body may appropriate money to defray the expenses of township representatives in connection with these activities.
(b) Each representative of the township attending any meeting, conference, seminar, or convention approved by the township trustee shall be allowed reimbursement for all necessary and legitimate expenses incurred while representing the township. Expenses shall be paid to each representative in accordance with the township's reimbursement policy, which may include an established per diem rate, as recommended by the township trustee and adopted by the township legislative body.
[Pre-Local Government Recodification Citation: 17-4-35-1.]
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.303-1989, SEC.1; P.L.98-2000, SEC.26.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 6. Township Legislative Body › 36-6-6-13. Appropriation and Transfer of Money to County; Interlocal Agreements

Sec. 13. The legislative body may appropriate and transfer money to the county treasurer for use throughout the county under agreements made by the township and the county under IC 36-1-7.
[Pre-Local Government Recodification Citation: 17-4-35.5-1.]
As added by Acts 1980, P.L.212, SEC.5. Amended by Acts 1980, P.L.125, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 6. Township Legislative Body › 36-6-6-13.5. Special Meeting by Legislative Body; Notice

Sec. 13.5. (a) A special meeting may be held by the legislative body if the executive, the chair of the legislative body, or a majority of the members of the legislative body issue a written notice of the meeting to each member of the legislative body. The notice must state the time, place, and purpose of the meeting.
(b) The legislative body may consider any matter at a special meeting. However, the only matters that may be acted on at the special meeting are the matters set forth in the notice.
As added by P.L.146-2008, SEC.714. Amended by P.L.127-2017, SEC.164.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 6. Township Legislative Body › 36-6-6-14.5. Objection by Taxpayers; Department of Local Government Finance Hearing and Action; Appeal

Sec. 14.5. (a) If the legislative body issues a special order under section 14 of this chapter authorizing the executive to borrow money, not less than ten (10) taxpayers in the township who disagree with the special order may file a petition in the office of the county auditor not more than thirty (30) days after notice of the special order is given. The petition must state the taxpayers' objections and the reasons why the taxpayers believe the special order to be unnecessary or unwise.
(b) The county auditor shall immediately certify a copy of the petition, together with other data necessary to present the questions involved, to the department of local government finance. Upon receipt of the certified petition and other data, the department of local government finance shall fix a time for the hearing of the matter. The hearing shall be held not less than five (5) and not more than thirty (30) days after the receipt of the certified documents.
(c) The hearing may be held in the county where the petition arose or through electronic means.
(d) Notice of the hearing shall be given by the department of local government finance to the township and to the first ten (10) taxpayer petitioners listed on the petition by letter. The letter shall be sent to the first ten (10) taxpayer petitioners at the taxpayer's usual place of residence at least five (5) days before the date of the hearing.
(e) A:
(1) taxpayer who signed a petition filed under subsection (a); or
(2) township against which a petition under subsection (a) is filed;
may petition for judicial review of the final determination of the department of local government finance under subsection (a). The petition must be filed in the tax court not more than forty-five (45) days after the date of the department's final determination.
As added by P.L.41-1993, SEC.49. Amended by P.L.90-2002, SEC.472; P.L.256-2003, SEC.37; P.L.38-2021, SEC.85.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 6. Township Legislative Body › 36-6-6-15. Temporary Loans to Meet Current Expenses; Resolution; Time Warrants

Sec. 15. (a) If the legislative body finds that an emergency requires the borrowing of money to meet the township's current expenses, it may take out temporary loans in an amount not more than eighty percent (80%) of the total anticipated revenue for the remainder of the year in which the loans are taken out.
(b) The legislative body must authorize the temporary loans by a resolution:
(1) stating the nature of the consideration for the loans;
(2) stating the time the loans are payable;
(3) stating the place the loans are payable;
(4) stating a rate of interest;
(5) stating the anticipated revenues on which the loans are based and out of which they are payable; and
(6) appropriating a sufficient amount of the anticipated revenues on which the loans are based and out of which they are payable for the payment of the loans.
(c) The loans must be evidenced by time warrants of the township stating:
(1) the nature of the consideration;
(2) the time payable;
(3) the place payable; and
(4) the anticipated revenues on which they are based and out of which they are payable.
[Pre-Local Government Recodification Citations: 17-4-31-1; 17-4-31-2.]
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.146-2008, SEC.716.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 6. Township Legislative Body › 36-6-6-17. Application; Immediate Family Member; Continuation of Appropriations

Sec. 17. (a) This section does not apply to a township located in a county having a consolidated city.
(b) As used in this section, "immediate family member" refers only to any of the following relatives of an individual:
(1) A parent.
(2) A sibling.
(3) A spouse.
(4) A child.
A relative by adoption, half-blood, marriage, or remarriage is considered as a relative of whole kinship.
(c) A member of the township board may not participate in a vote on the adoption of the township's budget and tax levies if the member is an immediate family member of the township trustee.
(d) Notwithstanding any other law, if at least a majority of the members of the township board are precluded from voting on the township's budget and tax levies under subsection (c), the township's most recent annual appropriations are continued for the ensuing budget year, subject to the following:
(1) The township trustee may petition the county fiscal body for an increase in the township's budget under subsection (e).
(2) The township trustee may petition the county fiscal body for any additional appropriations under subsection (f).
(e) If subsection (d) applies, the township trustee may petition the county fiscal body for an increase in the township's budget and property tax levies. The county fiscal body may grant or deny the petition only after conducting a public hearing on the petition.
(f) If subsection (d) applies, the county fiscal body may adopt any additional appropriations of the township by ordinance before the department of local government finance may approve the additional appropriation.
As added by P.L.159-2020, SEC.80.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 7. Deputies and Assistants of Township Officers › 36-6-7-2. Appointment; Removal; Responsibility

Sec. 2. An officer of a township may appoint and remove all deputies and other employees in the officer's office, shall appoint deputies and other employees necessary for the proper discharge of the officer's duties, and is responsible for the official acts of the officer's deputies and other employees.
[Pre-Local Government Recodification Citation: 17-4-1-2 part.]
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.127-2017, SEC.165.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 7. Deputies and Assistants of Township Officers › 36-6-7-3. Annual Appropriations for Offices; Payments on Vouchers

Sec. 3. The legislative body shall make annual appropriations for assistants in township offices. Payments shall be made to assistants on vouchers verified by the claimant and approved by the officer in whose office the assistant is employed.
[Pre-Local Government Recodification Citation: 17-4-1-2 part.]
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.173-2003, SEC.28; P.L.127-2017, SEC.166.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 8. Compensation and Expenses of Township Officers, Deputies, and Employees › 36-6-8-2. Repealed

[Pre-Local Government Recodification Citations: 17-4-1-14 part; 17-4-1-17.]
As added by Acts 1980, P.L.212, SEC.5. Repealed by Acts 1980, P.L.125, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 8. Compensation and Expenses of Township Officers, Deputies, and Employees › 36-6-8-2.1. Executive; Annual Compensation; Clerical Employees; Annual Appropriation

Sec. 2.1. A township executive is entitled to the annual compensation and annual appropriation for clerical employees (other than those authorized under IC 12-20-4-2 through IC 12-20-4-11 and IC 12-20-4-14) fixed under IC 36-6-6-10.
As added by Acts 1980, P.L.125, SEC.29. Amended by P.L.2-1992, SEC.890; P.L.209-2019, SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 8. Compensation and Expenses of Township Officers, Deputies, and Employees › 36-6-8-3. Executive; Office Expenses; Mileage Allowance; Annual Appropriations

Sec. 3. (a) The annual appropriations to a township executive for the expenses of renting an office and telephone and telegraph expenses must, as nearly as is possible, be equal to the actual cost of those items. If the township executive uses a part of the executive's residence for an office, the township legislative body shall appropriate a reasonable sum for that office space.
(b) The township executive is entitled to a sum for mileage in the performance of official duties equal to the sum per mile paid to state officers and employees. However, this subsection does not apply when the township executive uses a township vehicle in the performance of official duties.
[Pre-Local Government Recodification Citation: 17-4-1-14 part.]
As added by Acts 1980, P.L.212, SEC.5. Amended by Acts 1980, P.L.125, SEC.30; P.L.302-1989, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 8. Compensation and Expenses of Township Officers, Deputies, and Employees › 36-6-8-4. Repealed

[Pre-Local Government Recodification Citations: 17-4-27.5-1; 17-4-27.5-5; 17-4-27.5-6; 17-4-27.5-7; 17-4-27.5-8; 17-4-27.5-9; 17-4-27.5-10; 17-4-27.5-11; 17-4-27.5-12; 17-4-27.5-13; 17-4-27.5-14; 17-4-27.5-15; 17-4-27.7-4.]
As added by Acts 1980, P.L.212, SEC.5. Repealed by Acts 1980, P.L.125, SEC.32.