Citations Affected: IC 36-6.
Synopsis: Township officials. Provides that a person may be appointed
to perform the township trustee's duties when the trustee is incapable
of performing the executive's function because the trustee is absent.
Provides that the salary of an elected or appointed township official
may not be reduced below the salary of the first year of the term
immediately preceding the current term.
Effective: July 1, 2002.
January 7, 2002, read first time and referred to Committee on Governmental and
January 17, 2002, reported favorably _ Do Pass.
January 22, 2002, read second time, ordered engrossed.
January 23, 2002, engrossed.
January 24, 2002, read third time, passed. Yeas 49, nays 0.
A BILL FOR AN ACT to amend the Indiana Code concerning local
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: 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
(1) is absent from the township; or
is incapable of performing the
executive's functions if the executive (2) becomes incapacitated.
The executive shall give notice of the designation to the chairman 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.
SECTION 2. IC 36-6-6-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 10. (a) This section does not apply to the appropriation of money to pay a deputy, an employee, or a technical adviser that assists a township assessor with assessment duties or to an elected township assessor.
(b) The township legislative body shall fix the:
(3) rates of hourly pay; and
(4) remuneration other than statutory allowances;
of all officers and employees of the township.
The township legislative body may not reduce a salary below the
amount fixed for that salary for the year 1980. Subject to subsection
(d), the township legislative body may reduce the salary of an
elected or appointed official. However, the official is entitled to a
salary that is not less than the salary fixed for the first year of the
term of office that immediately preceded the current term of office.
(d) Except as provided in subsection (e), the township legislative body may not alter the salaries of elected or appointed officers during the fiscal year for which they are fixed, but it may add or eliminate any other position and change the salary of any other employee, if the necessary funds and appropriations are available.
(e) In a township that does not elect a township assessor under IC 36-6-5-1 , the township legislative body may appropriate available township funds to supplement the salaries of elected or appointed officers to compensate them for performing assessing duties. However, in any calendar year no officer or employee may receive a salary and additional salary supplements which exceed the salary fixed for that officer or employee under subsection (b).
(f) If a change in the mileage allowance paid to state officers and employees is established by July 1 of any year, that change shall be included in the compensation fixed for the township executive and assessor under this section, to take effect January 1 of the next year. However, the township legislative body may by ordinance provide for the change in the sum per mile to take effect before January 1 of the next year.
(g) The township legislative body may not reduce the salary of the township executive without the consent of the township executive during the term of office of the township executive as set forth in IC 36-6-4-2.
(h) This subsection applies when a township executive dies or
resigns from office. The person filling the vacancy of the township executive shall receive at least the same salary the previous township executive received for the remainder of the unexpired term of office of the township executive (as set forth in IC 36-6-4-2 ), unless the person consents to a reduction in salary.