Citations Affected: IC 3-8-1; IC 3-11.5; IC 36-3; IC 36-6-6; IC 36-7-4-207.
Synopsis: Marion County government. Conference committee report for ESB 621. Provides that the consolidated law enforcement department of a county having a consolidated city is a division of the department of public safety under the direction and control of the director of public safety. Allows the city-county council to approve the initial director and deputy appointments of the mayor of the consolidated city. Eliminates provisions that allow the city-county council to require the capital improvement board of managers to make payments in lieu of taxes (PILOTS) for deposit in the consolidated county fund. Allows the controller of the consolidated city and county to allot amounts appropriated to an office, department, or agency of the consolidated city or county. Requires a candidate for mayor of the consolidated city to reside in the city for at least one year (instead of five years) before taking office. Requires a candidate for member of the city-county council to reside within the council district for at least one year (instead of two years) before taking office. Provides that in Marion County, a township board consists of five (instead of seven) members. Provides that members of the initial five member township board are elected at the November 2016 general election. Requires absentee ballots in Marion County to be counted at a central location unless the county election board unanimously adopts a resolution that: (1) requires absentee ballots to be counted at individual precincts; and (2) states the county election board's basis for adopting the requirement. Provides that Marion County is subject to the provisions for counting absentee ballots cast on ballot cards, unless the county election board adopts a resolution adopting the provisions for counting absentee ballots cast on paper ballots. Effective January 1, 2016, reduces the membership of the city-county council from 29 to 25 members by eliminating the members elected at large. Provides that if the division of the county into city-county council districts is reviewed by a panel of judges, the clerk of the court must keep a record of the method and process of selecting the panel and make the record available for public inspection and copying. Allows the mayor of a consolidated city and the city-county council to each appoint one additional member to the metropolitan development commission, and eliminates the two appointments of the county board of commissioners (the county board of commissioners consists of the county auditor, the county treasurer, and the county assessor). (This conference committee report does the following: (1) Reduces the membership of the city-county council by eliminating the four members elected at large. (2) Allows the mayor and the city-county council to each appoint one additional
member to the metropolitan development commission and eliminates the two appointments
of the county board of commissioners. (3) Requires the clerk of the court to keep a record
of the selection of judges that review a division of the county into city-county council
districts. (4) Makes the provisions requiring absentee ballots to be counted at a central
location apply only to Marion County (removing Lake and Allen Counties). (5) Requires
Marion County to follow the procedures for counting absentee ballots cast on ballot cards
unless the county election board adopts a resolution to follow the procedures for counting
absentee ballots cast on paper ballots. (6) Provides the following regarding the allotment
system: (A) Provides for two semiannual allotment periods (instead of four quarterly
allotment periods). (B) Requires each department or agency to submit a proposed allotment
schedule to the controller not later than December 1 and requires the controller to
determine not later than December 15 whether anticipated revenues will support the
appropriations. (C) Requires the controller to approve a proposed allotment schedule if the
controller determines that revenues are adequate to support the appropriations. (D)
Requires the controller to revise a proposed allotment schedule if the controller determines
that revenues are not adequate to support the appropriations. (E) Allows the controller to
approve a proposed allotment schedule that was previously revised, if the controller later
determines during the calendar year that revenues are adequate to support the
appropriations. (F) Allows the controller to revise a proposed allotment schedule that was
previously approved, if the controller later determines during the calendar year that
revenues are not adequate to support the appropriations. (G) Requires the controller to
submit a fiscal justification to the county fiscal body before the beginning of the revised
allotment period if the controller proposes to reduce an allotment schedule by more than
5% of the total amount appropriated by the county fiscal body.)
Effective: July 1, 2013.
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed House Amendments to Engrossed Senate Bill No. 621 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
absentee ballots at a central location. Notwithstanding
IC 3-11.5-6-1(a), the provisions of IC 3-11.5-6 apply in the county
unless the county election board adopts a resolution under
IC 3-11.5-5-1 making IC 3-11.5-5 applicable in the county.
(c) If the county election board adopts a resolution, by the
unanimous vote of the entire membership of the board, that:
(1) requires absentee ballots to be counted at individual
precincts instead of at a central location; and
(2) states the board's basis for adopting the requirement
described in subdivision (1);
all absentee ballots shall be counted at individual precincts instead
of at a central location.
(d) A copy of the resolution adopted under subsection (c) shall
be filed with the election division.
payable in the year a consolidation takes effect under this section.
When added together, the adjustments under this subdivision must
total zero (0).
(2) The ordinance must specify which law enforcement officers of
the police department and which law enforcement officers of the
county sheriff's department shall be law enforcement officers of
the consolidated law enforcement department.
(3) The ordinance may not prohibit the providing of law
enforcement services for an excluded city under an interlocal
agreement under IC 36-1-7.
(4) A member of the county police force who:
(A) was an employee beneficiary of the sheriff's pension trust
before the consolidation of the law enforcement departments;
and
(B) after the consolidation becomes a law enforcement officer
of the consolidated law enforcement department;
remains an employee beneficiary of the sheriff's pension trust. The
member retains, after the consolidation, credit in the sheriff's
pension trust for service earned while a member of the county
police force and continues to earn service credit in the sheriff's
pension trust as a member of the consolidated law enforcement
department for purposes of determining the member's benefits
from the sheriff's pension trust.
(5) A member of the police department of the consolidated city
who:
(A) was a member of the 1953 fund or the 1977 fund before
the consolidation of the law enforcement departments; and
(B) after the consolidation becomes a law enforcement officer
of the consolidated law enforcement department;
remains a member of the 1953 fund or the 1977 fund. The member
retains, after the consolidation, credit in the 1953 fund or the 1977
fund for service earned while a member of the police department
of the consolidated city and continues to earn service credit in the
1953 fund or the 1977 fund as a member of the consolidated law
enforcement department for purposes of determining the member's
benefits from the 1953 fund or the 1977 fund.
(6) The ordinance must designate the merit system that shall apply
to the law enforcement officers of the consolidated law
enforcement department.
(7) The ordinance must designate who shall serve as a coapplicant
for a warrant or an extension of a warrant under IC 35-33.5-2.
(8) The consolidated city may levy property taxes within the
consolidated city's maximum permissible ad valorem property tax
levy limit to provide for the payment of the expenses for the
operation of the consolidated law enforcement department. The
police special service district established under section 6 of this
chapter may levy property taxes to provide for the payment of
expenses for the operation of the consolidated law enforcement
department within the territory of the police special service
district. Property taxes to fund the pension obligation under
IC 36-8-7.5 may be levied only by the police special service
district within the police special service district. The consolidated
city may not levy property taxes to fund the pension obligation
under IC 36-8-7.5. Property taxes to fund the pension obligation
under IC 36-8-8 for members of the 1977 police officers' and
firefighters' pension and disability fund who were members of the
police department of the consolidated city on the effective date of
the consolidation may be levied only by the police special service
district within the police special service district. Property taxes to
fund the pension obligation under IC 36-8-10 for members of the
sheriff's pension trust and under IC 36-8-8 for members of the
1977 police officers' and firefighters' pension and disability fund
who were not members of the police department of the
consolidated city on the effective date of the consolidation may be
levied by the consolidated city within the consolidated city's
maximum permissible ad valorem property tax levy. The assets of
the consolidated city's 1953 fund and the assets of the sheriff's
pension trust may not be pledged after the effective date of the
consolidation as collateral for any loan.
(9) The executive of the consolidated city shall provide for an
independent evaluation and performance audit, due before March
1 of the year following the adoption of the consolidation
ordinance and for the following two (2) years, to determine:
(A) the amount of any cost savings, operational efficiencies, or
improved service levels; and
(B) any tax shifts among taxpayers;
that result from the consolidation. The independent evaluation and
performance audit must be provided to the legislative council in
an electronic format under IC 5-14-6 and to the budget committee.
from the districts established under subsection (a).
(c) Each voter of the county may vote for four (4) candidates for
at-large membership and one (1) candidate from the district in which
the voter resides. The four (4) at-large candidates receiving the most
votes from the whole county and the district candidates receiving the
most votes from their respective districts are elected to the legislative
body.
(d) If the legislative body fails to make the division before the date
prescribed by subsection (a) or the division is alleged to violate
subsection (a) or other law, a taxpayer or registered voter of the county
may petition the superior court of the county to hear and determine the
matter. The court shall hear and determine the matter as a five (5)
member panel of judges from the superior court. The clerk of the court
shall select the judges electronically and randomly. The clerk shall
maintain a record of the method and process used to select the
judges and shall make the record available for public inspection
and copying. Not more than three (3) members of the five (5) member
panel of judges may be of the same political party. The first judge
selected shall maintain the case file and preside over the proceedings.
There may not be a change of venue from the court or from the county.
The court may appoint a master to assist in its determination and may
draw proper district boundaries if necessary. An appeal from the court's
judgment must be taken within thirty (30) days, directly to the supreme
court, in the same manner as appeals from other actions.
(e) An election of the legislative body held under the ordinance or
court judgment determining districts that is in effect on the date of the
election is valid, regardless of whether the ordinance or judgment is
later determined to be invalid.
whenever the incumbent is incapacitated or the office has been vacated.
An acting deputy or acting director has all the powers of the office.
(d) The executive shall appoint:
(1) a controller;
(2) two (2) deputy controllers, only one (1) of whom may be from
the same political party as the executive; and
(3) a corporation counsel;
each of whom serves at the pleasure of the executive.
(e) The corporation counsel and every attorney who is a city
employee working for the corporation counsel must be a resident of the
county and admitted to the practice of law in Indiana.
succeeding calendar year. The controller's determination must take
into consideration the need to maintain adequate reserves for the
city and county.
(j) If, in the controller's judgment, the anticipated revenues are
adequate to support the appropriation adopted by the county fiscal
body, the controller shall approve the proposed allotment schedule
as submitted by an office, department, or agency.
(k) If, in the controller's judgment, the anticipated revenues are
not adequate to support the appropriation adopted by the county
fiscal body, the controller shall revise the proposed allotment
schedule as submitted by an office, department, or agency to reflect
anticipated revenues.
(l) If, after the controller approves the allotment schedule under
subsection (j), the controller determines during the calendar year
that the anticipated revenues are not adequate to support the
appropriation adopted by the county fiscal body, the controller
may revise the proposed allotment schedules as submitted by an
office, department, or agency to reflect anticipated revenues.
(m) If, after the controller revises the proposed allotment
schedule under subsection (k), the controller determines during the
calendar year that the anticipated revenues are adequate to
support the appropriation adopted by the county fiscal body, the
controller shall revise the proposed allotment schedules up to one
hundred percent (100%) of the amount of the appropriation
adopted by the county fiscal body for an office, department, or
agency.
(n) The controller shall notify every office, department, or
agency of the allotments:
(1) at least five (5) days before the beginning of each allotment
period; and
(2) not more than five (5) days after the beginning of a revised
allotment period under subsection (k) or (l).
The controller shall promptly transmit records of all allotments
and modifications to the county auditor and the county fiscal body.
If the controller proposes to reduce the allotment schedule in excess
of five percent (5%) of the total amount of the appropriation
adopted by the county fiscal body, the controller shall submit a
fiscal justification to the county fiscal body before the beginning of
the revised allotment period.
hundred five thousand (105,000).
(3) Five (5) representatives from each city having a population of
not less than thirty-five thousand (35,000) but less than seventy
thousand (70,000).
(4) Four (4) representatives from each city having a population of
not less than twenty thousand (20,000) but less than thirty-five
thousand (35,000).
(5) Three (3) representatives from each city having a population
of not less than ten thousand (10,000) but less than twenty
thousand (20,000).
(6) Two (2) representatives from each city having a population of
less than ten thousand (10,000).
(7) One (1) representative from each town having a population of
more than two thousand one hundred (2,100), and one (1)
representative from each town having a population of two
thousand one hundred (2,100) or less that had a representative
before January 1, 1979.
(8) Such representatives from towns having a population of not
more than two thousand one hundred (2,100) as are provided for
in section 210 of this chapter.
(9) Six (6) county representatives if the total number of municipal
representatives in the county is an odd number, or five (5) county
representatives if the total number of municipal representatives is
an even number.
(d) METRO. The metropolitan development commission consists of
nine (9) citizen members, as follows:
(1) Four (4) Five (5) members, of whom no more than two (2)
three (3) may be of the same political party, appointed by the
executive of the consolidated city.
(2) Three (3) Four (4) members, of whom no more than two (2)
may be of the same political party, appointed by the legislative
body of the consolidated city.
(3) Two (2) members, who must be of different political parties,
appointed by the board of commissioners of the county.
(e) METRO. The legislative body of the consolidated city shall
appoint an individual to serve as a nonvoting adviser to the
metropolitan development commission when the commission is acting
as the redevelopment commission of the consolidated city under
IC 36-7-15.1. If the duties of the metropolitan development commission
under IC 36-7-15.1 are transferred to another entity under IC 36-3-4-23,
the individual appointed under this subsection shall serve as a
nonvoting adviser to that entity. A nonvoting adviser appointed under
this subsection:
(1) must also be a member of the school board of a school
corporation that includes all or part of the territory of the
consolidated city;
(2) is not considered a member of the metropolitan development
commission for purposes of IC 36-7-15.1 but is entitled to attend
and participate in the proceedings of all meetings of the
metropolitan development commission (or any successor entity
designated under IC 36-3-4-23) when it is acting as a
redevelopment commission under IC 36-7-15.1;
(3) is not entitled to a salary, per diem, or reimbursement of
expenses;
(4) serves for a term of two (2) years and until a successor is
appointed; and
(5) serves at the pleasure of the legislative body of the
consolidated city.
(Reference is to ESB 621 as reprinted April 5, 2013.)
S
igned by:
____________________________ ____________________________
Senator Young R MichaelRepresentative Frizzell
Chairperson
____________________________ ____________________________
Senator WaltzRepresentative Speedy
Senate Conferees House Conferees