First Regular Session 112th General Assembly (2001)
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HOUSE ENROLLED ACT No. 1611
AN ACT to amend the Indiana Code concerning local government.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 36-8-9-3.1; (01)HE1611.1.1. -->
SECTION 1. IC 36-8-9-3.1 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]:
Sec. 3.1. (a) An ordinance adopted under section 2 of this
chapter must provide as follows:
(1) The board must consist of either of the following number
of members:
(A) Three (3) members. If the ordinance provides for a
three (3) member board, not more than two (2) board
members may be members of the same political party, if
individuals who satisfy this requirement can be found to
serve on the board.
(B) Five (5) members. If the ordinance provides for a five
(5) member board, not more than three (3) board members
may be members of the same political party, if individuals
who satisfy this requirement can be found to serve on the
board.
(2) Each board member must be a resident of the town.
(3) The town legislative body shall appoint each board
member.
(4) Except as provided in subdivision (5), the term of each
board member expires January 1 of the third year after the
member's appointment.
(5) The ordinance must provide for staggered terms of the
board members and the method for staggering the terms. If
the board has three (3) members, the term of one (1) board
member must expire each year. If the board has five (5)
members, the terms of not more than two (2) board members
may expire each year.
(6) The town legislative body may remove a board member
for any cause that the legislative body considers sufficient.
(7) The town legislative body may not appoint a police officer
employed by the town to serve on the board.
(b) The ordinance may provide that a member of the town
legislative body may serve as an ex officio member of the board. If
the ordinance permits members of the town legislative body to
serve as members of the board, the following apply:
(1) The ordinance must state the maximum number of board
members that may also be members of the town legislative
body.
(2) The ordinance must provide either of the following:
(A) That a board member vacates the member's position
on the board when the member is no longer a member of
the town legislative body.
(B) That a board member may continue to serve until the
end of the board member's term even if the board member
vacates the member's position on the town legislative body.
(3) A board member who is also a member of the town
legislative body may not receive compensation as a board
member provided under subsection (g).
(4) A board member who is also a member of the town
legislative body is not required to post the bond required by
subsection (f).
(c) This subsection does not apply to a board member who is a
member of the town legislative body. Before performing any
function of a board member, an individual shall take and subscribe
an oath or affirmation of office before the circuit court clerk of the
county in which the town is located.
(d) This subsection applies to all board members. Before
performing any function of a board member, an individual shall
take and subscribe an oath or affirmation before the circuit court
clerk of the county in which the town is located that, in each
appointment or removal made by the board to or from the town
police department under this chapter, the board member will not
appoint or remove a member of the town police department
because of the political affiliation of the person or for another
cause or reason other than that of the fitness of the person.
(e) The circuit court clerk shall file oaths and affirmations
required by this section among the circuit court clerk's records.
(f) This subsection does not apply to a board member who is a
member of the town legislative body. A board member shall give
bond in the penal sum of five thousand dollars ($5,000), payable to
the state and conditioned upon the faithful and honest discharge of
the member's duties. The bond must be approved by the town
legislative body.
(g) The town legislative body shall fix the salary of board
members who are not members of the town legislative body. A
board member's salary is payable monthly out of the town
treasury.
(h) If the board has three (3) members, the town legislative body
may amend the ordinance at any time to increase the number of
board members to five (5). The amended ordinance and the
appointment of board members must satisfy all the requirements
of subsection (a).
(i) A board established in compliance with section 3 of this
chapter (before its repeal) is considered a board established under
this section. A town legislative body may amend an ordinance
adopted in compliance with section 3 of this chapter (before its
repeal) as provided in this section.