I move that House Bill 1221 be amended to read as follows:
Page 3, between lines 29 and 30, begin a new paragraph and
insert:
“SECTION 2. IC
36-8-9-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3. (a) The board
consists of three (3) commissioners appointed by the town legislative
body. The commissioners must be of good moral character and legal
residents of the town. Not more than two (2) of the commissioners may
be of the same political party. All three (3) commissioners shall be
appointed in January following the general or primary election at which
the trustees' action is ratified. the adoption of the enabling ordinance
by the legislative body of the town. One (1) commissioner serves for
one (1) year, one (1) commissioner serves for two (2) years, and one (1)
commissioner serves for three (3) years. On January 1 of each year one
(1) commissioner shall be appointed to serve for a term of three (3)
years. Each commissioner is subject to removal by the legislative body
for any cause that the legislative body considers sufficient.
(b) After the initial appointment of the three (3) commissioners,
the town legislative body may, by ordinance, increase the size of the
board by providing for the appointment of two (2) additional
commissioners. The commissioners must be of good moral character
and legal residents of the town. The additional commissioners may not
be members of the same political party. Each additional commissioner
shall be appointed to serve for a term of three (3) years, however the
initial appointment need not be for three (3) years if the town
legislative body adopts, by ordinance, a staggered system for the terms
of the additional members. The terms of additional members begin
January 1 following the date of their appointment. Each commissioner
appointed under this subsection is subject to removal by the legislative
body for any cause that the legislative body considers sufficient.
(c) Before entering upon his duties, each commissioner shall take
and subscribe an oath of office before the clerk of the county in which
the town is located. Each commissioner shall also take and subscribe
before the clerk the further oath or affirmation that, in each
appointment or removal made by the board to or from the town police
department under this chapter, he will not appoint or remove a member
because of the political affiliation of the person or for another cause or
reason other than that of the fitness of the person. The oath and
affirmation shall be recorded and placed among the records of the
court.
(d) Each commissioner 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 his duties. The bond must be
approved by the legislative body.
(e) The salary of the commissioners shall be fixed by the
legislative body and is payable monthly out of the treasury of the
town.”
Renumber all SECTIONS consecutively.
(Reference is to HB1221 as printed January 25, 2000.)