Citations Affected: IC 34-30-2-153.5 ; IC 36-4-10-2 .
Synopsis: Civil liability of city controllers. Provides that the city
controller of a second class city is not individually liable for an act or
omission that occurs in connection with the controller's duty as fiscal
officer of the city.
Effective: July 1, 2002.
January 7, 2002, read first time and referred to Committee on Corrections, Criminal and
A BILL FOR AN ACT to amend the Indiana Code concerning civil
law and procedure.
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 153.5.
the personal liability of the city controller of a second class city).
SECTION 2. IC 36-4-10-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: 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
(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.