Citations Affected: IC 36-7.
Synopsis: Northwestern Indiana council of governments. Establishes
the northwestern Indiana council of governments for the area consisting
of Lake County, Porter County, and LaPorte County. Provides that the
council consists of one person appointed by the executive of each
municipality in a participating county, one person appointed by the
executive of each participating county, and one person appointed by the
governor. Provides that the vote of each member of the council is
weighted according to the population of the area represented by the
member. Specifies the powers of the council. Requires the council to
prepare and adopt an annual budget for its operation that is
apportioned to each participating county on a pro rata per capita basis.
Provides that any amount of the adopted budget that exceeds an amount
equal to $0.70 per capita for each participating county is subject to
review by the county fiscal body in the usual manner of budget review.
Repeals the law governing a regional plan commission in Lake County,
Porter County, and LaPorte County and provides that the regional plan
commission becomes the northwestern Indiana council of governments
on July 1, 2002.
Effective: Upon passage; July 1, 2002.
January 10, 2002, read first time and referred to Committee on Rules and Legislative
Procedure.
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
SECTION 1.
IC 36-7-7-4
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 4. (a) The following members of the
commission shall be appointed from each county in the region:
(1) A representative of the county executive who may be either a
member of the executive or a person appointed by it.
(2) A representative of the county fiscal body who must be a
member of the fiscal body.
(b) The following members of the commission shall be appointed
from each county in the region having a population of more than fifty
thousand (50,000):
(1) The county surveyor or a person appointed by him.
(2) Two (2) persons appointed by the executive of each
municipality having a population of more than fifty thousand
(50,000).
(3) Except for a commission in which a county having a
population of more than four hundred thousand (400,000) but less
than seven hundred thousand (700,000) participates, One (1)
person appointed by the executive of each of the seven (7) largest
municipalities having a population of less than fifty thousand
(50,000). If there are fewer than seven (7) municipalities, enough
additional persons appointed by the county executive to bring the
total appointed under this subdivision to seven (7).
(4) For a commission in which a county having a population of
more than four hundred thousand (400,000) but less than seven
hundred thousand (700,000) participates, the membership is as
follows:
(A) For a county having a population of not more than four
hundred thousand (400,000), one (1) person appointed by the
executive of each of the eight (8) largest municipalities having
a population of less than fifty thousand (50,000).
(B) For a county having a population of more than four
hundred thousand (400,000) but less than seven hundred
thousand (700,000), one (1) person appointed by the executive
of each city having a population of less than fifty thousand
(50,000) and one (1) person appointed by the executive of
each of the five (5) towns with the largest population.
(c) The following members of the commission shall be appointed
from each county in the region having a population of less than fifty
thousand (50,000):
(1) One (1) person appointed by the executive of each of the five
(5) largest municipalities or of each municipality if there are
fewer than five (5).
(2) If there are fewer than five (5) municipalities, enough
additional persons appointed by the county executive to bring the
total appointed under this subsection to five (5).
(d) One (1) voting member of the commission shall be appointed by
the governor.
(e) At least two-thirds (2/3) of the commission members must be
elected officials. All persons appointed to the commission must be:
(1) knowledgeable in matters of physical, social, or economic
development of the region; and
(2) residents of the municipality, county, or region that they
represent.
A member of the commission may also serve as a member of a plan
commission in the region.
(f) Members of the commission shall serve without salary but may
be reimbursed for expenses incurred in the performance of their duties.
(g) The respective appointing authorities shall certify their
appointments, and the certification shall be retained as a part of the
records of the commission.
(h) This subsection applies to a commission that does not include
members from a county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand (700,000).
If a vacancy occurs by resignation or otherwise, the respective
appointing authority shall appoint a member for the unexpired term.
Members shall be certified annually, and their terms expire on
December 31 of each year.
SECTION 2.
IC 36-7-7-12
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 12. (a) The commission
shall prepare and adopt an annual appropriation budget for its
operation, which shall be apportioned to each participating county on
a pro rata per capita basis. After adoption, any amount that does not
exceed an amount for each participating county equal to (1) seventy
cents ($0.70) per capita for each participating county in a commission
in which a county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand (700,000)
participates; and (2) thirty cents ($0.30) per capita for all other
commissions; shall be certified to the respective county auditor who
shall advertise the amount and establish the rate in the same manner as
other county budgets. Any amount of the adopted budget that exceeds
an amount equal to seventy cents ($0.70) per capita for each
participating county in a commission in which a county having a
population of more than four hundred thousand (400,000) but less than
seven hundred thousand (700,000) participates and thirty cents ($0.30)
per capita for each participating county for all other commissions is
subject to review by the county fiscal body in the usual manner of
budget review. The tax so levied and certified shall be estimated and
entered upon the tax duplicates by the county auditor and shall be
collected and enforced by the county treasurer in the same manner as
other county taxes are estimated, entered, collected, and enforced. The
tax, as collected by the county treasurer, shall be transferred to the
commission.
(b) In fixing and determining the amount of the necessary levy for
the purpose provided in this section, the commission shall take into
consideration the amount of revenue, if any, to be derived from the
federal grants, contractual services, and miscellaneous revenues above
the amount of those revenues considered necessary to be applied upon
or reserved upon the operation, maintenance, and administrative
expenses for working capital throughout the year.
(c) After approval no sums may be expended except as budgeted
unless the commission authorizes their expenditure. Before the
expenditure of sums appropriated as provided in this section, a claim
must be filed and processed as other claims for allowance or
disallowance, for payment as provided by law.
(d) Any two (2) of the following officers may allow claims:
(1) Chairman.
(2) Vice chairman.
(3) Secretary.
(4) Treasurer.
The treasurer of the commission may receive, disburse, and otherwise
handle funds of the commission subject to applicable statutes and
procedures established by the commission.
(e) The commission shall act as a board of finance under the statutes
relating to the deposit of public funds by political subdivisions.
(f) Any appropriated money remaining unexpended or
unencumbered at the end of the year becomes part of a nonreverting
cumulative fund to be held in the name of the commission. Unbudgeted
expenditures from this fund may be authorized by vote of the
commission and upon other approval as required by statute. The
commission is responsible for the safekeeping and deposit of such
sums, and the state board of accounts shall prescribe the methods and
forms for keeping the accounts, records, and books to be used by the
commission. The books, records, and accounts of the commission shall
be periodically audited by the state board of accounts, and these audits
shall be paid for as provided by statute.
SECTION 3.
IC 36-7-7.6
IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]:
Chapter 7.6. Northwestern Indiana Council of Governments
Sec. 1. This chapter applies to the area consisting of the
following counties:
(1) A county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand
(700,000).
(2) A county having a population of more than one hundred
forty-five thousand (145,000) but less than one hundred
forty-eight thousand (148,000).
(3) A county having a population of more than one hundred
ten thousand (110,000) but less than one hundred fifteen
thousand (115,000).
Sec. 2. As used in this chapter, "council" means the
northwestern Indiana council of governments established by
section 3 of this chapter
Sec. 3. The northwestern Indiana council of governments is
established for the area described in section 1 of this chapter.
Sec. 4. (a) The following members shall be appointed to the
council:
(1) One (1) person appointed by the executive of each
municipality in a county described in section 1 of this chapter.
(2) One (1) person appointed by the executive of each county
described in section 1 of this chapter.
(3) One (1) person appointed by the governor.
(b) The person appointed under subsection (a)(3) is a nonvoting
member of the council.
Sec. 5. (a) All persons appointed to the council under section 4
of this chapter must be:
(1) knowledgeable in matters of physical, social, or economic
development of the region; and
(2) residents of the municipality, county, or region that they
represent.
(b) A member of the council may also serve as a member of a
plan commission in the region.
(c) Each member of the council shall serve on the council
without salary but may be reimbursed for expenses incurred in the
performance of the member's duties.
(d) The respective appointing authorities shall certify their
appointments, and the certification shall be retained as a part of
the records of the council.
(e) Each member of the council serves at the pleasure of the
appointing authority. The appointing authority must give written
notice to the council of a change of an appointee and of the effective
date of that change.
(f) If a vacancy on the council occurs by resignation or
otherwise, the appointing authority shall promptly appoint a
replacement member.
(g) If a member of the council is absent for more than three (3)
consecutive meetings of the full council, the council shall notify the
member's appointing authority and request the appointing
authority to do one (1) of the following:
(1) Replace the member.
(2) Take action to ensure the member's conscientious
attendance at meetings of the full council.
Sec. 6. (a) At its first regular meeting each year, the council shall
elect from its members a chairperson, vice chairperson, secretary,
and treasurer.
(b) Not more than two (2) of the officers elected under
subsection (a) may be from the same county. In addition, if the area
served by the council is divided into subregions under section 19 of
this chapter, there must be at least one (1) officer from each
subregion.
(c) The vice chairperson may act as chairperson during the
absence or disability of the chairperson.
Sec. 7. (a) The council shall fix the time and place for holding
regular meetings, but it shall meet:
(1) at least quarterly; and
(2) at other times established by the council or the executive
board of the council.
(b) The chairperson of the council or five (5) members of the
council may call a special meeting of the council upon written
request to the secretary of the council. The secretary shall send to
all council members at least forty-eight (48) hours in advance of a
special meeting a written notice fixing the time and place of the
special meeting. Written notice of a special meeting is not required
if:
(1) the time of the special meeting has been fixed in a regular
meeting; or
(2) all members are present at the special meeting.
(c) A council member may waive notice of any meeting by filing
a written waiver with the secretary of the council.
Sec. 8. (a) The council shall adopt rules for the transaction of
business and shall keep a record of its resolutions, transactions,
findings, and determinations. The council's record is a public
record.
(b) A majority of members of the council constitutes a quorum.
However, an action of the council is official only if the action is
authorized by a majority of the council at:
(1) a regular meeting; or
(2) a properly called special meeting;
in which at least one (1) member from each county described in
section 1 of this chapter is present.
Sec. 9. The council has a total of one hundred (100) votes. Each
voting member of the council is allocated a percentage of the total
one hundred (100) votes that may be cast. The percentage that a
member is allocated shall be determined as follows:
(1) In the case of a member appointed by the executive of a
municipality, divide the population of the municipality by the
total population of the counties described in section 1 of this
chapter.
(2) In the case of a member appointed by the executive of a
county, divide the population of the area in the county that is
not within a municipality by the total population of the
counties described in section 1 of this chapter.
Sec. 10. (a) The council shall elect from among its members an
executive board consisting of:
(1) the four (4) officers of the council;
(2) one (1) member of the council from each county described
in section 1 of this chapter; and
(3) the member of the council appointed by the governor.
(b) The members of the executive board referred to in
subsection (a)(2) shall be elected by a vote of the full membership
of the council.
(c) If a vacancy occurs in a position on the executive board
referred to in subsection (a)(2), a successor shall be elected from
among the members in the same manner as the member whose
position has been vacated.
(d) The executive board shall conduct the business of the
council, except for:
(1) the adoption and amendment of bylaws, rules, and
procedures for the operation of the council;
(2) the election of officers and members of the executive board
as provided in this chapter; and
(3) the adoption of the annual appropriation budget after
review by the executive board.
(e) The executive board shall meet regularly at least once each
month, unless otherwise determined by its members. The executive
board shall notify the full membership of the council of all its
meetings with copies of its preliminary or final agendas and shall
report all its actions and determinations to the full membership of
the council.
(f) A majority of members of the executive board constitutes a
quorum. An action of the executive board is official, however, only
if it is authorized by a majority of the board at a regular or
properly called special meeting. Any action of the executive board
shall be reviewed at the next regular meeting of the council
following the executive board's action and, upon written request of
a member of the council, shall be brought to a vote of the full
council.
Sec. 11. (a) After review and recommendation by the executive
board, the council shall appoint an executive director, who shall
serve at the pleasure of the council. The executive director must be
qualified by training and experience in the management of public
agencies and knowledgeable in planning.
(b) The executive director is the chief administrative officer and
regular technical adviser of the council. Subject to supervision by
the council, the executive director:
(1) shall execute the council functions;
(2) shall appoint and remove the staff of the council;
(3) shall submit to the council annually, or more often if
required, a status report on the operation of the agency;
(4) may, with the approval of the executive board, execute
contracts, leases, or agreements with other persons on behalf
of the council;
(5) is entitled, upon the executive director's written request,
to be given access by all governmental agencies to all studies,
reports, surveys, records, and other information and material
in their possession that are required by the executive director
for the accomplishment of the activities and objectives of the
council;
(6) shall propose annually a budget for the operation of the
council and administer the budget as approved by the council;
(7) shall keep the records and care for and preserve all papers
and documents of the council; and
(8) shall perform other duties and may exercise other powers
that the council or the executive board delegates to the
executive director.
Sec. 12. The council may do any of the following:
(1) Transact business and enter into contracts that support
the council's purposes.
(2) Receive grants or appropriations from federal, state, or
local governmental entities or from individuals or
foundations, and enter into agreements or contracts regarding
the acceptance or use of those grants and appropriations for
the purpose of carrying out any of the activities of the council.
(3) Apply for, receive, and disburse gifts, contributions, and
grants of funds or in kind services.
(4) Acquire by grant, purchase, gift, devise, lease, or otherwise
and hold, use, sell, improve, maintain, operate, own, manage,
lease, or dispose of:
(A) real and personal property of every kind and nature;
and
(B) any right and interest;
as necessary for the full exercise, or convenient or useful for
the carrying on, of any of the council's powers under this
chapter.
(5) Make and enter into all contracts, undertakings, and
agreements necessary or incidental to the performance of the
council's duties and the execution of the council's powers
under this chapter.
(6) Employ and fix the compensation of any employees and
agents the council considers necessary.
(7) Contract for special and temporary services and for
professional assistance.
(8) Hold, use, administer, and expend money that is
appropriated or transferred to the council.
(9) Make contracts and leases for facilities and services.
(10) Act as a coordinating agency for programs and activities
of other public and private agencies that are related to the
council's objectives.
(11) Take any action or perform any service, including direct
services to citizens, that the council considers appropriate and
that is not otherwise prohibited by law.
(12) Enter into agreements or partnerships to do the
following:
(A) Assist in coordinating activities involving state and
local government, business organizations, and nonprofit
organizations.
(B) Assist in the development and implementation of
programs by other regional agencies and entities.
(13) Enter into coordinative arrangements with:
(A) any unit of government in Indiana or an adjoining
state;
(B) an overlapping multicounty or interstate planning or
development agency;
(C) a state agency;
(D) a federal agency; or
(E) a private entity;
as are appropriate to the achievement of the council's
objectives or to address a common issue.
(14) Provide any administrative, management, or technical
services to a unit of local government that requests the
services. The local unit and the council may enter into a
contract concerning the council's provision of administrative,
management, or technical services and the cost to the local
unit for the services.
(15) Conduct all necessary studies for the accomplishment of
the council's duties and objectives.
(16) Publicize and advertise the council's purposes, objectives,
and findings and distribute reports on those purposes,
objectives, and findings.
(17) Provide recommendations to units of local government
and to other public and private agencies.
(18) Take any other action necessary to achieve the council's
purpose.
Sec. 13. (a) The council shall act as the designated review agency
and as the clearinghouse as described in federal Office of
Management and Budget Circular A-95.
(b) The council shall institute and maintain a comprehensive
policy planning and programming and coordinative management
process for the counties described in section 1 of this chapter. The
council shall coordinate its activities with all units in the counties
and shall coordinate the planning programs of those units and the
state.
Sec. 14. The council may adopt by resolution any regional
comprehensive or functional plan, program, or policy as the
council's official recommendation for the development of the
region, subject to the power of a county to exempt itself under
section 15 of this chapter. The council shall provide an annual
report of its activities to the legislative bodies of the counties and
municipalities in the region.
Sec. 15. If the council receives a petition that:
(1) is signed by a majority of the council members
representing a county affected by a particular program; and
(2) objects to the establishment of the program within the
county;
the council may not implement the program in that county.
Sec. 16. The council may appoint advisory committees to assist
in the achievement of its objectives. Members of advisory
committees are not entitled to compensation for their services but
may be reimbursed by the council for expenses incurred in the
performance of their duties.
Sec. 17. The council may not implement, enter into an
agreement for, or propose a program that includes interstate
wastewater management or disposal.
Sec. 18. A county or municipality may, from time to time upon
the request of the council, assign or detail to the council any
employees of the county or municipality to make special surveys or
studies requested by the council.
Sec. 19. (a) The council may organize into not more than two (2)
subregions and provide for the following:
(1) The organization of two (2) subregional councils.
(2) Meetings and rules of procedure of the subregional
councils. The rules of procedure of the subregional councils
shall be adopted as a part of the rules and bylaws of the
council.
(b) The actions of each subregional council shall be referred to
the other subregional council for review. The executive director
and staff of the council shall serve both subregional councils. Each
subregional council shall consider problems that do not directly
affect the other subregion. Each subregional council may hold
meetings and elect a chairperson and secretary from among its
own members.
Sec. 20. (a) The council shall prepare and adopt an annual
appropriation budget for its operation. The appropriation budget
shall be apportioned to each participating county on a pro rata per
capita basis. After adoption of the appropriation budget, any
amount that does not exceed an amount for each participating
county equal to seventy cents ($0.70) per capita for each
participating county shall be certified to the respective county
auditor. The county auditor shall advertise the amount and
establish the rate in the same manner as for other county budgets.
(b) Any amount of the adopted budget that exceeds an amount
equal to seventy cents ($0.70) per capita for each participating
county is subject to review by the county fiscal body in the usual
manner of budget review. The tax levied under this section and
certified shall be estimated and entered upon the tax duplicates by
the county auditor and shall be collected and enforced by the
county treasurer in the same manner as other county taxes are
estimated, entered, collected, and enforced. The tax, as collected by
the county treasurer, shall be transferred to the council.
(c) In fixing and determining the amount of the necessary levy
for the purpose provided in this section, the council shall take into
consideration the amount of revenue, if any, to be derived from
federal grants, contractual services, and miscellaneous revenues
above the amount of those revenues considered necessary to be
applied upon or reserved upon the operation, maintenance, and
administrative expenses for working capital throughout the year.
(d) After the budget is approved, amounts may not be expended
except as budgeted, unless the council authorizes their expenditure.
Before the expenditure of sums appropriated as provided in this
section, a claim must be filed and processed as other claims for
allowance or disallowance, for payment as provided by law.
(e) Any two (2) of the following officers may allow claims:
(1) Chairperson.
(2) Vice chairperson.
(3) Secretary.
(4) Treasurer.
(f) The treasurer of the council may receive, disburse, and
otherwise handle funds of the council subject to applicable statutes
and to procedures established by the council.
(g) The council shall act as a board of finance under the statutes
relating to the deposit of public funds by political subdivisions.
(h) Any appropriated money remaining unexpended or
unencumbered at the end of the year becomes part of a
nonreverting cumulative fund to be held in the name of the council.
Unbudgeted expenditures from the fund may be authorized by vote
of the council and upon other approval as required by statute. The
council is responsible for the safekeeping and deposit of the
amounts in the fund, and the state board of accounts shall
prescribe the methods and forms for keeping the accounts, records,
and books to be used by the council. The books, records, and
accounts of the council shall be periodically audited by the state
board of accounts. The audits shall be paid for as provided by
statute.
SECTION 4.
IC 36-7-7-4.1
IS REPEALED [EFFECTIVE JULY 1,
2002].
SECTION 5. [EFFECTIVE UPON PASSAGE] (a) A regional plan
commission under
IC 36-7-7
that includes a county described in
IC 36-7-7.6-1
, as added by this act, shall on July 1, 2002, become
the northwestern Indiana council of governments subject to
IC 36-7-7.6
, as added by this act.
(b) A municipality or county required to make an appointment
to the northwestern Indiana council of governments under
IC 36-7-7.6-4
, as added by this act, shall make the appointment
before July 15, 2002.
(c) On July 1, 2002, all property of the regional plan commission
described in subsection (a) shall become the property of the
northwestern Indiana council of governments subject to
IC 36-7-7.6
, as added by this act.
(d) This SECTION expires January 1, 2003.