Citations Affected: IC 36-7; IC 36-8; noncode.
Synopsis: Membership of advisory plan commission. Allows certain
property owners within the unincorporated area surrounding a
municipality over which a municipal comprehensive plan is in effect
to appeal the jurisdiction of the municipal comprehensive plan to the
county legislative body. Allows the board of county commissioners to
appoint five citizen members to the county plan commission (instead
of appointing four citizen members and one township trustee) if the
township trustees do not recommend a township trustee to serve on the
plan commission or if the township trustee recommended is unwilling
to serve as a member. Provides that township trustees have 30 days
after the expiration of the term of a township trustee member or the
fifth citizen member of a county plan commission to recommend a
township trustee to the county executive. Specifies that each member
appointed to a county plan commission is entitled to be compensated
at the same rate for mileage and receive the same compensation for
serving on the commission as a county official who is also a member
of the county plan commission. Legalizes the acts of a county plan
commission that did not have a township trustee appointed to its
membership on October 1, 1999.
Effective: September 30, 1999 (retroactive); July 1, 2000.
January 10, 2000, read first time and referred to Committee on Local Government.
January 24, 2000, amended, reported _ Do Pass.
February 1, 2000, read second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning local
appointed by the county executive; and
(6) (ii) one (1) township trustee, who must be a resident of
an unincorporated area of the county, appointed by the
county executive upon the recommendation of the township
trustees whose townships are within the jurisdiction of the
county plan commission.
(B) If the township trustees do not recommend a township trustee to serve as a member of the commission under clause (A)(ii) not later than thirty (30) days after the expiration of the term of either the township trustee member or the fifth citizen member appointed under this clause, or if the township trustee who is recommended is unwilling to serve as a member, five (5) citizen members appointed by the county executive:
(i) all of whom must be residents of unincorporated areas of the county; and
(ii) not more than three (3) of whom may be members of the same political party.
If a plan commission changes from having members described in clause (B) to having members described in clause (A), the county executive shall appoint a township trustee to replace the first citizen member whose term expires and who belongs to the same political party as the township trustee. Each member appointed to the commission is entitled to receive compensation for mileage at the same rate and the same compensation for services as a member of a county executive, a member of a county fiscal body, a county surveyor, or an appointee of a county surveyor receives for serving on the commission, as set forth in section 222.5 of this chapter.
(b) ADVISORY. The metropolitan plan commission consists of nine (9) members, as follows:
(1) One (1) member appointed by the county legislative body from its membership.
(2) One (1) member appointed by the second class city legislative body from its membership.
(3) Three (3) citizen members who are residents of unincorporated areas of the county, of whom no more than two (2) may be of the same political party, appointed by the county legislative body. One (1) of these members must be actively engaged in farming.
(4) Four (4) citizen members, of whom no more than two (2) may be of the same political party, appointed by the second class city
executive. One (1) of these members must be from the
metropolitan school authority or community school corporation
and a resident of that school district, and the other three (3)
members must be residents of the second class city.
(c) AREA. When there are six (6) county representatives, they are:
(1) one (1) member appointed by the county executive from its membership;
(2) one (1) member appointed by the county fiscal body from its membership;
(3) the county superintendent of schools, or if that office does not exist, a representative appointed by the school corporation superintendents within the jurisdiction of the area plan commission;
(4) the county agricultural extension educator;
(5) one (1) citizen member who is a resident of the unincorporated area of the county, appointed by the county executive; and
(6) one (1) citizen member who is a resident of the unincorporated area of the county, appointed by the county fiscal body.
When there are five (5) county representatives, they are the representatives listed in subdivisions (3), (4), (5), and (6) of this subsection and the county surveyor.
(d) AREA. The appointing authority may appoint an alternate member to participate on a commission established under section 204 of this chapter in a hearing or decision if the regular member it has appointed is unavailable. An alternate member shall have all of the powers and duties of a regular member while participating on the commission.
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.