reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 6. City Legislative Body › 36-4-6-18. Purposes of Ordinance, Order, Resolution, or Motion

Sec. 18. The legislative body may pass ordinances, orders, resolutions, and motions for the government of the city, the control of the city's property and finances, and the appropriation of money.
[Pre-Local Government Recodification Citation: 18-1-3-6 part.]
As added by Acts 1980, P.L.212, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 6. City Legislative Body › 36-4-6-19. Loans and Issuance of Bonds; Requirements

Sec. 19. (a) The legislative body may, by ordinance, make loans of money and, subject to IC 5-1-11.5 and IC 5-11-1-4(c), issue bonds for the purpose of refunding those loans. The loans may be made only for the purpose of procuring money to be used in the exercise of the powers of the city or for the payment of city debts.
(b) An ordinance adopted under this section:
(1) must include the terms of the bonds to be issued in evidence of the loan;
(2) must include the time and manner of giving notice of the sale of the bonds;
(3) must include the manner in which the bonds will be sold; and
(4) may authorize a total amount for any issue of bonds.
(c) Bonds issued under this section may be sold in parcels of any size and at any time their proceeds are needed by the city.
(d) Bonds issued and sold by a city under this section:
(1) are negotiable with or without registration, as may be provided by the ordinance authorizing the issue;
(2) may bear interest at any rate;
(3) may run not longer than thirty (30) years;
(4) may contain an option allowing the city to redeem them in whole or in part at specified times prior to maturity; and
(5) may be sold for not less than par value.
(e) The city fiscal officer shall:
(1) manage and supervise the preparation, advertisement, negotiations, and sale of bonds under this section, subject to the terms of the ordinance authorizing the sale;
(2) certify the amount the purchaser is to pay, together with the name and address of the purchaser;
(3) receive the amount of payment certified;
(4) deliver the bonds to the purchaser;
(5) take a receipt for the securities delivered;
(6) pay the purchaser's payment into the city treasury; and
(7) report the proceedings in the sale to the legislative body.
The actions of the fiscal officer under this subsection are ministerial.
[Pre-Local Government Recodification Citation: 18-1-4-3 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.173-2003, SEC.26; P.L.184-2015, SEC.16; P.L.244-2017, SEC.127.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 6. City Legislative Body › 36-4-6-20. Temporary or Short Term Loans in Anticipation of Current Revenues

Sec. 20. (a) The legislative body may, by ordinance, make loans of money for not more than five (5) years and issue notes for the purpose of refunding those loans. The loans may be made only for the purpose of procuring money to be used in the exercise of the powers of the city, and the total amount of outstanding loans under this subsection may not exceed five percent (5%) of the city's total tax levy in the current year (excluding amounts levied to pay debt service and lease rentals). Loans under this subsection shall be made in the same manner as loans made under section 19 of this chapter, except that:
(1) the ordinance authorizing the loans must pledge to their payment a sufficient amount of tax revenues over the ensuing five (5) years to provide for refunding the loans; and
(2) the loans must be evidenced by notes of the city in terms designating the nature of the consideration, the time and place payable, and the revenues out of which they will be payable.
Notes issued under this subsection are not bonded indebtedness for purposes of IC 6-1.1-18.5.
(b) The legislative body may, by ordinance, make loans and issue notes for the purpose of refunding those loans in anticipation of revenues of the city that are anticipated to be levied and collected during the term of the loans. The term of a loan made under this subsection may not be more than five (5) years. Loans under this subsection shall be made in the same manner as loans made under section 19 of this chapter, except that:
(1) the ordinance authorizing the loans must appropriate and pledge to their payment a sufficient amount of the revenues in anticipation of which they are issued and out of which they are payable; and
(2) the loans must be evidenced by time warrants of the city in terms designating the nature of the consideration, the time and place payable, and the revenues in anticipation of which they are issued and out of which they are payable.
(c) An action to contest the validity of a loan made under this section must be brought within fifteen (15) days from the day on which the ordinance is adopted.
[Pre-Local Government Recodification Citation: 18-1-4-3 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1982, P.L.209, SEC.1; P.L.37-1988, SEC.23; P.L.35-1990, SEC.44; P.L.40-1996, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 6. City Legislative Body › 36-4-6-21. Investigative Powers of Legislative Body

Sec. 21. (a) The legislative body may investigate:
(1) the departments, officers, and employees of the city;
(2) any charges against a department, officer, or employee of the city; and
(3) the affairs of a person with whom the city has entered or is about to enter into a contract.
(b) When conducting an investigation under this section, the legislative body:
(1) is entitled to access to all records pertaining to the investigation; and
(2) may compel the attendance of witnesses and the production of evidence by subpoena and attachment served and executed in the county in which the city is located.
(c) If a person refuses to testify or produce evidence at an investigation conducted under this section, the legislative body may order its clerk to immediately present to the circuit court, superior court, or probate court of the county a written report of the facts relating to the refusal. The court shall hear all questions relating to the refusal to testify or produce evidence, and shall also hear any new evidence not included in the clerk's report. If the court finds that the testimony or evidence sought should be given or produced, it shall order the person to testify or produce the evidence, or both.
[Pre-Local Government Recodification Citation: 18-1-4-2 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1980, P.L.73, SEC.9; Acts 1981, P.L.11, SEC.163; P.L.84-2016, SEC.174.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 6. City Legislative Body › 36-4-6-22. Repealed

[Pre-Local Government Recodification Citation: 18-1-4-2 part.]
As added by Acts 1980, P.L.212, SEC.3. Repealed by Acts 1980, P.L.73, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 6. City Legislative Body › 36-4-6-23. Repealed

[Pre-Local Government Recodification Citation: 18-1-4-2 part.]
As added by Acts 1980, P.L.212, SEC.3. Repealed by Acts 1980, P.L.73, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 6. City Legislative Body › 36-4-6-24. Attorneys and Legal Research Assistants

Sec. 24. (a) The legislative body may hire or contract with competent attorneys and legal research assistants on terms it considers appropriate.
(b) Employment of an attorney under this section does not affect the city department of law established under IC 36-4-9.
(c) Appropriations for salaries of attorneys and legal research assistants employed under this section may not exceed the appropriations for similar salaries in the budget of the city department of law.
[Pre-Local Government Recodification Citation: 18-2-3.5-1.]
As added by Acts 1980, P.L.212, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 7. City Budget Procedures and Compensation of Officers and Employees › 36-4-7-1. Application of Chapter

Sec. 1. This chapter applies to second and third class cities.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.45.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 7. City Budget Procedures and Compensation of Officers and Employees › 36-4-7-2. Elected City Officers; Fixing of Annual Compensation; Determining Increases or Decreases in Compensation

Sec. 2. (a) As used in this section, "compensation" means the total of all money paid to an elected city officer for performing duties as a city officer, regardless of the source of funds from which the money is paid. The term includes all employee benefits paid to an elected city officer, including life insurance, health insurance, disability insurance, retirement benefits, and pension benefits. For purposes of determining an increase or decrease in compensation of an elected city officer, the term does not include any of the following:
(1) Payment of an insurance premium.
(2) Payments in recognition of:
(A) longevity;
(B) professional certifications; or
(C) educational advancements;
that are separately identified on a salary ordinance or resolution.
(3) Payment of a stipend or per diem allowed by statute.
(4) A payment authorized under section 4 of this chapter.
(b) The city legislative body shall, by ordinance, fix the annual compensation of all elected city officers. An ordinance adopted under this subsection that fixes the annual compensation of an elected city officer shall provide for an annual, monthly, or biweekly salary schedule. An elected city officer is not required to report hours worked and may not be compensated based on the number of hours worked.
(c) The compensation of an elected city officer may not be changed in the year for which it is fixed nor may it be reduced below the amount fixed for the previous year.
[Pre-Local Government Recodification Citations: Part new; 18-1-6-3 part; 18-2-1-2 part; 18-2-1-9 part; 18-2-1-10 part; 18-2-1-17; 18-2-10-1 part; 18-3-3-3 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.17, SEC.21; P.L.15-1993, SEC.3; P.L.141-2009, SEC.9; P.L.209-2019, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 7. City Budget Procedures and Compensation of Officers and Employees › 36-4-7-3. Appointive Officers, Deputies, and Other Employees; Compensation

Sec. 3. (a) This section does not apply to compensation paid by a city to members of its police and fire departments.
(b) Subject to the approval of the city legislative body, the city executive shall fix the compensation of each appointive officer, deputy, and other employee of the city. The legislative body may reduce but may not increase any compensation fixed by the executive. Compensation must be fixed under this section not later than November 1 of each year for the ensuing budget year.
(c) Compensation fixed under this section may be increased or decreased by the executive during the budget year for which it is fixed.
(d) Notwithstanding subsection (b), the city clerk may, with the approval of the legislative body, fix the salaries of deputies and employees appointed under IC 36-4-11-4.
[Pre-Local Government Recodification Citations: 18-1-6-4 part; 18-1-6-13 part; 18-1-6-14 part; 18-2-1-2 part; 18-2-1-9 part; 18-2-1-10 part; 18-2-5-1 part; 18-2-6-1 part; 18-2-7-1 part; 18-3-3-3 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.44-1991, SEC.5; P.L.35-1999, SEC.5; P.L.89-2001, SEC.7; P.L.169-2006, SEC.54; P.L.118-2012, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 7. City Budget Procedures and Compensation of Officers and Employees › 36-4-7-4. City Officers and Employees Connected With Operation of Municipally Owned Utility or Function; Additional Compensation

Sec. 4. (a) Subject to the approval of the city legislative body, the city executive may provide that city officers (including elected city officers) and employees receive additional compensation for services that:
(1) are performed for the city;
(2) are not governmental in nature; and
(3) are connected with the operation of a municipally owned utility or function.
(b) Subject to the approval of the executive and legislative body, the administrative agency operating the utility or function shall fix the amount of the additional compensation, which shall be paid from the revenues of the utility or function.
[Pre-Local Government Recodification Citations: 18-2-1-12; 19-3-28-1; 19-3-30-1; 19-3-30-2.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.209-2019, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 7. City Budget Procedures and Compensation of Officers and Employees › 36-4-7-5. Salary Schedule

Sec. 5. Salaries of city officers and employees shall be scheduled as provided in the budget classification prescribed by the state board of accounts.
[Pre-Local Government Recodification Citation: 18-2-1-13 part.]
As added by Acts 1980, P.L.212, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 7. City Budget Procedures and Compensation of Officers and Employees › 36-4-7-6. Budget Estimates; Formulation Procedure

Sec. 6. Before the publication (before January 1, 2015) and before the submission of notice of budget estimates required by IC 6-1.1-17-3, each city shall formulate a budget estimate for the ensuing budget year in the following manner:
(1) Each department head shall prepare for the department head's department an estimate of the amount of money required for the ensuing budget year, stating in detail each category and item of expenditure the department head anticipates.
(2) The city fiscal officer shall prepare an itemized estimate of revenues available for the ensuing budget year, and shall prepare an itemized estimate of expenditures for other purposes above the money proposed to be used by the departments.
(3) The city executive shall meet with the department heads and the fiscal officer to review and revise their various estimates.
(4) After the executive's review and revision, the fiscal officer shall prepare for the executive a report of the estimated department budgets, miscellaneous expenses, and revenues necessary or available to finance the estimates.
[Pre-Local Government Recodification Citation: 18-1-6-6.5 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.183-2014, SEC.25.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 7. City Budget Procedures and Compensation of Officers and Employees › 36-4-7-7. Report of Estimates; Ordinance Fixing Taxation Rate; Appropriation

Sec. 7. (a) The fiscal officer shall present the report of budget estimates to the city legislative body under IC 6-1.1-17. After reviewing the report, the legislative body shall prepare an ordinance fixing the rate of taxation for the ensuing budget year and an ordinance making appropriations for the estimated department budgets and other city purposes during the ensuing budget year. The legislative body, in the appropriation ordinance, may reduce any estimated item from the figure submitted in the report of the fiscal officer, but it may increase an item only if the executive recommends an increase. The legislative body shall promptly act on the appropriation ordinance.
(b) In preparing the ordinances described in subsection (a) the legislative body shall make an allowance for the cost of fire protection to annexed territory described in IC 36-4-3-7(c), for the year fire protection is first offered to that territory.
[Pre-Local Government Recodification Citation: 18-1-6-6.5 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.341-1987, SEC.2; P.L.5-1989, SEC.104; P.L.104-2022, SEC.162.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 7. City Budget Procedures and Compensation of Officers and Employees › 36-4-7-8. Ordinances; Additional Appropriations or Decrease

Sec. 8. After the passage of the appropriation ordinance, the city legislative body may, on the recommendation of the city executive, 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. The executive may, by executive order, decrease the appropriation made for any executive department.
[Pre-Local Government Recodification Citation: 18-1-6-6.5 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1980, P.L.73, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 7. City Budget Procedures and Compensation of Officers and Employees › 36-4-7-9. Appropriation Ordinance; Items

Sec. 9. An appropriation ordinance must specify, by items, the amount of each appropriation and the department for which it is made.
[Pre-Local Government Recodification Citation: 18-1-3-6 part.]
As added by Acts 1980, P.L.212, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 7. City Budget Procedures and Compensation of Officers and Employees › 36-4-7-10. Preparation of Budgets; Contents; Submission to Legislative Body

Sec. 10. The department budgets prepared under section 6 of this chapter must include the compensation of department heads and must be submitted to the city legislative body under section 7 of this chapter.
[Pre-Local Government Recodification Citation: 18-1-6.5-6.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1982, P.L.33, SEC.25.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 7. City Budget Procedures and Compensation of Officers and Employees › 36-4-7-11. Failure to Pass Tax Rate and Appropriation Ordinances; Continuation

Sec. 11. If the city legislative body does not pass the ordinance required by section 7 of this chapter before November 2 of each year, the most recent annual appropriations and annual tax levy are continued for the ensuing budget year.
[Pre-Local Government Recodification Citation: 18-1-4-5.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.176-2002, SEC.9; P.L.169-2006, SEC.55; P.L.113-2010, SEC.122.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 8. Miscellaneous City Fiscal and Administrative Provisions › 36-4-8-2. Warrants; Conditions and Purposes of Issuance

Sec. 2. Money may be paid out of the city treasury only on warrant of the city fiscal officer. Unless a statute provides otherwise, the fiscal officer may draw a warrant against a fund of the city only if:
(1) an appropriation has been made for that purpose and the appropriation is not exhausted;
(2) the warrant is for a salary fixed by statute or ordinance;
(3) the warrant is for a claim allowed under section 5 of this chapter;
(4) the fiscal officer is ordered to issue the warrant under section 3 of this chapter;
(5) the warrant is for payment of a judgment that the city must pay; or
(6) the warrant is for interest due on city bonds.
[Pre-Local Government Recodification Citations: 18-1-4-4; 18-1-6-11 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1982, P.L.33, SEC.26; P.L.127-2017, SEC.130.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 8. Miscellaneous City Fiscal and Administrative Provisions › 36-4-8-3. Warrants; Issuance; Order

Sec. 3. (a) A city board or legislative body may order the issuance of warrants for payment of money by the city only at a meeting of the board or legislative body.
(b) A city officer who violates this section forfeits the officer's office.
[Pre-Local Government Recodification Citation: 18-1-20-1 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.131.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 8. Miscellaneous City Fiscal and Administrative Provisions › 36-4-8-4. Claims Against City; Audit; Refusal to Pay

Sec. 4. (a) The city fiscal officer may audit a claim against the city by examining under oath any officer, agent, or employee of the city or any other person. When acting under this section, the fiscal officer has the same powers as the city legislative body in summoning and examining witnesses.
(b) If the fiscal officer finds that:
(1) the claim includes an item for which no appropriation has been made;
(2) there is not a sufficient balance for payment of the claim in the proper fund; or
(3) the claim should not be approved for any reason;
the fiscal officer may not issue warrants to pay the claim and the fiscal officer shall notify the proper department of the reasons for the fiscal officer's refusal to pay the claim.
[Pre-Local Government Recodification Citation: 18-1-6-11 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.132.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 8. Miscellaneous City Fiscal and Administrative Provisions › 36-4-8-5. Claims Against City; Allowance; Violation

Sec. 5. (a) Except as provided in section 14 of this chapter, a city board or legislative body may allow a claim:
(1) only at a meeting of the board or legislative body; 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 city officer who violates this section forfeits the city officer's office.
[Pre-Local Government Recodification Citation: 18-1-20-1 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.32-1992, SEC.2; P.L.127-2017, SEC.133.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 8. Miscellaneous City Fiscal and Administrative Provisions › 36-4-8-6. Repealed

[Pre-Local Government Recodification Citation: 18-1-20-1 part.]
As added by Acts 1980, P.L.212, SEC.3. Repealed by Acts 1980, P.L.73, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 8. Miscellaneous City Fiscal and Administrative Provisions › 36-4-8-7. Claims Against City; Issuance of Warrant; Requirements; Certification

Sec. 7. (a) As used in this section, "claim" means a bill or an invoice submitted for goods or services.
(b) Except as provided in section 14 of this chapter, a warrant for payment of a claim against a city 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) approved by the officer or person receiving the goods or services;
(3) filed with the city fiscal officer;
(4) audited and certified by the fiscal officer before payment that each invoice is true and correct; and
(5) allowed by the city legislative body or the city board having jurisdiction over allowance of the claim.
(c) The certification by the fiscal officer under subsection (b)(4) must be on a form prescribed by the state board of accounts.
[Pre-Local Government Recodification Citations: 5-11-10-2 part; 18-1-6-11 part; 18-1-20-1 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.32-1992, SEC.3; P.L.71-1995, SEC.4; P.L.69-1995, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 8. Miscellaneous City Fiscal and Administrative Provisions › 36-4-8-8. Compensation for City Officers and Employees; Restrictions

Sec. 8. (a) The compensation fixed for city officers and employees under this title is in full for all governmental services and in lieu of all:
(1) fees;
(2) penalties;
(3) fines;
(4) interest;
(5) costs;
(6) forfeitures;
(7) commissions; and
(8) percentages;
which shall be paid into the city treasury each week.
(b) An officer or employee is entitled to receive a salary payment only after the officer or employee presents the city fiscal officer with:
(1) a detailed, verified statement of the monies the officer or employee has received since the officer's or employee's most recent statement; and
(2) a receipt showing payment of those monies to the fiscal officer.
The fiscal officer may prescribe the form of the statement, require officers and employees to submit the statement, and examine persons in regard to the statement.
[Pre-Local Government Recodification Citations: 18-1-6-5 part; 18-2-1-11 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.134.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 8. Miscellaneous City Fiscal and Administrative Provisions › 36-4-8-9. Vacation Leave; Compensation

Sec. 9. (a) One (1) to three (3) days before the vacation leave period of a city officer or employee begins, the city may pay the officer or employee the amount of compensation the officer or employee will earn while on vacation leave.
(b) Compensation for services paid to a salaried city officer or employee pursuant to a fixed schedule set forth in a written contract or salary ordinance shall not be construed as having been paid in advance. Under such an arrangement, the city shall maintain records to verify that actual work is performed for all salary paid.
[Pre-Local Government Recodification Citation: 5-7-3-2 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.37-1986, SEC.2; P.L.127-2017, SEC.135.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 8. Miscellaneous City Fiscal and Administrative Provisions › 36-4-8-10. 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.3. Amended by Acts 1980, P.L.73, SEC.11. Repealed by Acts 1981, P.L.57, SEC.45.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 8. Miscellaneous City Fiscal and Administrative Provisions › 36-4-8-11. Repealed

[Pre-Local Government Recodification Citation: 18-1-20-2.]
As added by Acts 1980, P.L.212, SEC.3. Repealed by Acts 1980, P.L.73, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 8. Miscellaneous City Fiscal and Administrative Provisions › 36-4-8-12. City Works Board; Long Term Contracts; Bond Issuance by a Department; Void Obligations

Sec. 12. (a) This section does not prohibit:
(1) the city works board from making long term contracts for utility services under IC 36-9; or
(2) a department from issuing bonds or other obligations authorized by law.
(b) Except as provided in subsection (c), a city department, officer, or employee may not obligate the city to any extent beyond the amount of money appropriated for that department, officer, or employee. An obligation made in violation of this section is void.
(c) A city department, officer, or employee may obligate the city beyond the amount of money appropriated for that department, officer, or employee if:
(1) the obligation is made under a multi-year interlocal cooperation agreement entered into by the city and one (1) or more political subdivisions or governmental entities under IC 36-1-7; and
(2) the agreement described in subdivision (1) is approved by the fiscal body of the city.
(d) An obligation described in subsection (c) may be terminated:
(1) if the city provides notice of the termination of the obligation at least one (1) year before the termination of the obligation; or
(2) the city and the political subdivisions or governmental entities that have entered into the interlocal cooperation agreement otherwise agree to the termination.
[Pre-Local Government Recodification Citation: 18-1-6-8.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.30-2012, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 8. Miscellaneous City Fiscal and Administrative Provisions › 36-4-8-13. Violations by City Official; Offense; Liability

Sec. 13. A city official who recklessly:
(1) issues a bond, certificate, or warrant for the payment of money in excess of an appropriation; or
(2) enters into an obligation prohibited by section 12 of this chapter;
commits a Class B misdemeanor and is liable on the city official's official bond to any person injured by the city official's actions.
[Pre-Local Government Recodification Citation: 18-1-6-9.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.136.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 8. Miscellaneous City Fiscal and Administrative Provisions › 36-4-8-14. Preapproved Payments of Claims

Sec. 14. (a) A city legislative body may adopt an ordinance allowing money to be disbursed for lawful city purposes under this section.
(b) Notwithstanding IC 5-11-10, with the prior written approval of the board having jurisdiction over the allowance of claims, the city fiscal officer may make claim payments in advance of board allowance for the following kinds of expenses if the city legislative body has adopted an ordinance under subsection (a):
(1) Property or services purchased or leased from the United States government, its agencies, or its political subdivisions.
(2) License or permit fees.
(3) Insurance premiums.
(4) Utility payments or utility connection charges.
(5) General grant programs where advance funding is not prohibited and the contracting party posts sufficient security to cover the amount advanced.
(6) Grants of state funds authorized by statute.
(7) Maintenance or service agreements.
(8) Leases or rental agreements.
(9) Bond or coupon payments.
(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 city legislative body or the city board having jurisdiction over the allowance of the claim shall review and allow the claim at its next regular or special meeting following the preapproved payment of the expense.
As added by P.L.32-1992, SEC.4. Amended by P.L.69-1995, SEC.7; P.L.40-1996, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 8. Miscellaneous City Fiscal and Administrative Provisions › 36-4-8-15. Filing Copies of Agency Financial Records

Sec. 15. Each city agency, board, commission, district, or other city entity shall file one (1) copy of that agency's, board's, commission's, district's, or entity's financial records with the city fiscal officer.
As added by P.L.98-2000, SEC.22.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 8. Miscellaneous City Fiscal and Administrative Provisions › 36-4-8-15.5. City or County Agreement for School Construction or Renovation

Sec. 15.5. (a) This section applies to:
(1) a city or county in which a riverboat (as defined in IC 4-33-2-17) is docked or located or gambling games (as defined in IC 4-35-2-5) are located; and
(2) a school corporation that is located in any part in a county described in subdivision (1) or in a county in which a city described in subdivision (1) is located.
(b) A city or county may do any of the following:
(1) Enter into one (1) or more agreements or leases with the school corporation or another public or private entity to provide for the construction or renovation of a school building that will be used by the school corporation. The agreements and leases may provide for the financing of the construction or renovation of the school building.
(2) A school building constructed or renovated as provided in subdivision (1) may be donated, sold, or leased to the school corporation under the conditions determined by the school corporation and the city or county.
(3) The city or county may use any revenues (including any gaming revenues) to pay for the construction or renovation of the school building or to finance the construction or renovation of the school building.
As added by P.L.182-2009(ss), SEC.403.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 9. City Departments, Boards, and Appointed Officers › 36-4-9-1. Application of Chapter

Sec. 1. This chapter applies to second and third class cities.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.46.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 9. City Departments, Boards, and Appointed Officers › 36-4-9-2. Appointment of Department Heads; Approval by Certain Boards and Commissions; Eligibility

Sec. 2. (a) Notwithstanding any other law, the city executive shall appoint the head of each department established under section 4 of this chapter. However, the executive's appointment of the head of the department is subject to the approval of any statutory board or commission established in the department, including and limited to:
(1) the works board, if a department of public works is established;
(2) the safety board, if a department of public safety is established;
(3) the board of parks and recreation, if a department of parks and recreation is established;
(4) the city plan commission, if a planning department is established;
(5) the economic development commission, if a department of economic development is established;
(6) the redevelopment commission, if a department of redevelopment is established;
(7) the board of sanitary commissioners, if a department of public sanitation is established;
(8) the board of flood control commissioners, if a department of flood control is established;
(9) the utility service board, if a department of utilities is established;
(10) the waterworks board of trustees, if a department of waterworks is established; and
(11) the board of aviation commissioners, if a department of aviation is established.
(b) Each department head appointed under subsection (a) must have the qualifications required by statute for that department.
(c) To be eligible to be appointed as a member of a city board established under section 5 of this chapter, a person must be a resident of the city.
(d) This section does not apply to departments, boards, or commissions established by interlocal cooperation agreements under IC 36-1-7 or to other joint entities established by law.
[Pre-Local Government Recodification Citations: Part new; 18-1-6-4 part; 18-1-6-5 part; 18-5-13-1.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.17, SEC.22; P.L.185-1988, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 9. City Departments, Boards, and Appointed Officers › 36-4-9-3. Repealed

[Pre-Local Government Recodification Citation: 18-1-6-4 part.]
As added by Acts 1980, P.L.212, SEC.3. Repealed by Acts 1981, P.L.17, SEC.29(b).
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 9. City Departments, Boards, and Appointed Officers › 36-4-9-4. Executive Departments; Establishment by City Legislative Body; Administrative Functions; Termination; Transfer of Powers, Duties, Functions, or Obligations

Sec. 4. (a) The city legislative body shall, by ordinance passed upon the recommendation of the city executive, establish the executive departments that it considers necessary to efficiently perform the administrative functions required to fulfill the needs of the city's citizens.
(b) The head of each city department or agency is under the jurisdiction of the executive.
(c) The following departments may be established:
(1) Department of finance or administration.
(2) Department of law.
(3) Department of public works.
(4) Department of public safety.
(5) Department of parks and recreation.
(6) Department of human resources and economic development.
(7) Any other department considered necessary.
These departments shall perform the administrative functions assigned by statute and ordinance.
(d) The city legislative body may, by ordinance passed upon the recommendation of the city executive:
(1) terminate departments established under subsection (c); and
(2) transfer to or from those departments any powers, duties, functions, or obligations.
[Pre-Local Government Recodification Citations: Part new; 18-1-6.5-1; 18-1-6.5-2; 18-1-6.5-3; 18-1-6.5-4; 18-1-6.5-5.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.17, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 9. City Departments, Boards, and Appointed Officers › 36-4-9-5. Board of Public Works and Safety; Establishment

Sec. 5. (a) A board of public works and safety is established in each city.
(b) Notwithstanding subsection (a), the legislative body of a second class city may by ordinance establish as separate boards:
(1) a board of public works; and
(2) a board of public safety;
to perform the functions of the board of public works and safety.
[Pre-Local Government Recodification Citations: 18-2-1-4.2 part; 18-2-1-4.4 part; 18-2-1-5 part; 18-2-1-6 part.]
As added by Acts 1980, P.L.212, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 9. City Departments, Boards, and Appointed Officers › 36-4-9-6. Second Class Cities; Appointment of Officers, Employees, Boards, and Commissions; Notice of Change in Membership of Public Works or Safety Board

Sec. 6. (a) This section applies only to second class cities.
(b) The city executive shall appoint:
(1) a city controller;
(2) a city civil engineer;
(3) a corporation counsel;
(4) a chief of the fire department;
(5) a chief of the police department; and
(6) other officers, employees, boards, and commissions required by statute.
(c) The board of public works and safety may be composed of three (3) members or five (5) members appointed by the executive. A member may hold other appointive positions in city government during the member's tenure. IC 36-4-11-2 applies to board member appointments under this section. The executive shall appoint a clerk for the board.
(d) If the board of public works and board of public safety are established as separate boards, each board may be composed of three (3) members or five (5) members who are appointed by the executive. A member may hold other appointive positions in city government during the member's tenure. The executive shall appoint a clerk for each board.
(e) If the executive:
(1) increases the number of members of a board of public works and safety, a board of public works, or a board of public safety from three (3) to five (5) members; or
(2) decreases the number of members of a board of public works and safety, a board of public works, or a board of public safety from five (5) to three (3) members;
the city shall publish notice under IC 5-3-1 of the increase or decrease in members and state the total number of members appointed to the board.
[Pre-Local Government Recodification Citations: 18-1-6-14 part; 18-2-1-4.2 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.47; P.L.317-1995, SEC.1; P.L.68-1996, SEC.5; P.L.141-2009, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 9. City Departments, Boards, and Appointed Officers › 36-4-9-7. Ordinance Establishing Position of Deputy Mayor

Sec. 7. The city legislative body may by ordinance establish the position of deputy mayor, who serves as the city executive's deputy. The ordinance must:
(1) provide that the deputy is appointed by and serves at the pleasure of the executive; and
(2) set forth all the powers of the deputy, which may not exceed the powers of the executive.
[Pre-Local Government Recodification Citation: 18-2-1-4.2 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.17, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 9. City Departments, Boards, and Appointed Officers › 36-4-9-8. Third Class Cities; Appointment of Officers, Employees, Boards, and Commissions; Notice of Change in Membership of Public Works and Safety Board

Sec. 8. (a) This section applies only to third class cities.
(b) The city executive shall appoint:
(1) a city civil engineer;
(2) a city attorney;
(3) a chief of the fire department;
(4) a chief of the police department; and
(5) other officers, employees, boards, and commissions required by statute.
(c) The board of public works and safety consists of three (3) or five (5) members (as determined by the city executive). The members of the board of public works and safety are:
(1) the city executive; and
(2) two (2) or four (4) persons appointed by the executive.
If the executive increases the number of board members from three (3) to five (5) members or decreases the number of board members from five (5) to three (3) members, the city shall publish notice under IC 5-3-1 of the increase or decrease in members and state the total number of members appointed to the board. IC 36-4-4-2 notwithstanding, a member may hold other appointive or elective positions in city government during the member's tenure. IC 36-4-11-2 applies to board member appointments under this section. The city clerk is the clerk of the board.
(d) If the city legislative body adopts an ordinance under IC 36-4-12 to employ a city manager, the executive may appoint the city manager to a position on the board of public works and safety in place of the executive.
(e) The city executive may appoint a public safety director to:
(1) serve as the chief administrative officer of; and
(2) oversee the operations of;
the police department and fire department. The city executive shall determine the qualifications of the public safety director.
[Pre-Local Government Recodification Citations: 18-1-6-14 part; 18-2-1-4.4 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.48; P.L.350-1983, SEC.1; P.L.68-1996, SEC.6; P.L.10-1997, SEC.31; P.L.141-2009, SEC.11; P.L.33-2010, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 9. City Departments, Boards, and Appointed Officers › 36-4-9-9. Repealed

[Pre-Local Government Recodification Citations: 18-1-6-14 part; 18-2-1-5 part.]
As added by Acts 1980, P.L.212, SEC.3. Repealed by Acts 1981, P.L.44, SEC.61.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 9. City Departments, Boards, and Appointed Officers › 36-4-9-10. Repealed

[Pre-Local Government Recodification Citation: 18-2-1-6 part.]
As added by Acts 1980, P.L.212, SEC.3. Repealed by Acts 1981, P.L.44, SEC.61.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 9. City Departments, Boards, and Appointed Officers › 36-4-9-11. Head of Department of Law; City Attorney and Assistant City Attorney; Eligibility for Appointment

Sec. 11. (a) In a second class city, the corporation counsel is the head of the department of law. The corporation counsel's first deputy is the city attorney, and the corporation counsel's second deputy is the assistant city attorney.
(b) In a third class city, the city attorney is the head of the department of law.
(c) To be eligible to be appointed as the head of the department of law, a person must meet the following requirements:
(1) Be admitted to the practice of law in Indiana.
(2) Except as provided in subdivision (3), be a resident of the county in which the city is located.
(3) For a third class city located in a county having a population of less than seven thousand (7,000), be a resident of Indiana.
[Pre-Local Government Recodification Citations: 18-1-6-13 part; 18-2-3-1 part; 18-5-13-2.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.49; P.L.220-1991, SEC.1; P.L.12-1992, SEC.159; P.L.119-2012, SEC.190.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 9. City Departments, Boards, and Appointed Officers › 36-4-9-12. Head of Department of Law; Powers and Duties; Employment of Other Attorneys

Sec. 12. The head of the department of law shall:
(1) manage the legal affairs of the city;
(2) prosecute violators of city ordinances;
(3) give legal advice to the officers, departments, boards, commissions, and other agencies of the city;
(4) draft ordinances or other legal papers for the city and its departments, boards, commissions, and other agencies when requested by the proper officer;
(5) maintain custody of the records of the department head's office and turn them over to the department head's successor in office;
(6) make all title searches and examine all abstracts required in public work of any kind, including opening, widening, or changing a street, alley, or public place;
(7) promptly commence all proceedings necessary or advisable for the protection or enforcement of the rights of the city or the public;
(8) use all diligence to collect costs, fees, and recoveries within the scope of the department head's duties;
(9) report, in writing, to the city executive all matters that the department head considers important; and
(10) report, in writing, to the city fiscal officer all judgments for which the city is liable.
Officers, departments, boards, commissions, and other agencies of the city may not employ attorneys without the authorization of the head of the department of law.
[Pre-Local Government Recodification Citations: Part new; 18-1-6-13 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.17, SEC.25; P.L.127-2017, SEC.137.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 10. City Clerk and Fiscal Officer › 36-4-10-1. Application of Chapter

Sec. 1. This chapter applies to second and third class cities.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.50.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 10. City Clerk and Fiscal Officer › 36-4-10-2. City Clerk or City Clerk-Treasurer; Election; Fiscal Officer; Term of Office; Immunity

Note: This version of section effective until 1-1-2024. See also following version of this section, effective 1-1-2024.
Sec. 2. (a) A city clerk shall be elected under IC 3-10-6 by the voters of each second class city, and a city clerk-treasurer shall be elected under IC 3-10-6 by the voters of each third class city.
(b) The city clerk or clerk-treasurer is the clerk of each city.
(c) The city controller appointed under IC 36-4-9-6 is the fiscal officer of each second class city, and the city clerk-treasurer is the fiscal officer of each third class city.
(d) The city controller of a second class city is not liable, in an individual capacity, for any act or omission occurring in connection with the performance of the city controller's duty as fiscal officer of the second class city, unless the act or omission constitutes gross negligence or an intentional disregard of the controller's duty.
(e) The term of office of a city clerk or clerk-treasurer is four (4) years, beginning at noon on January 1 after election and continuing until a successor is elected and qualified.
[Pre-Local Government Recodification Citations: 18-1-2-1 part; 18-2-1-4.2 part; 18-2-1-4.4 part; 18-2-1-5 part; 18-2-1-6 part; 18-2-6-3 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.51; P.L.5-1986, SEC.52; P.L.67-2002, SEC.5.