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CHAPTER 3.7. COUNTY COUNCIL AS THE COUNTY LEGISLATIVE BODY :: 2016 Indiana Code :: US Codes and Statutes :: US Law :: Justia
2016 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 2. GOVERNMENT OF COUNTIES GENERALLY CHAPTER 3.7. COUNTY COUNCIL AS THE COUNTY LEGISLATIVE BODY
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IC 36-2-3.7
Chapter 3.7. County Council as the County Legislative Body
IC 36-2-3.7-1
Application of chapter
Sec. 1. Except as specifically provided by law, this chapter applies
only to a county:
(1) having a population of more than three hundred thousand
(300,000) but less than four hundred thousand (400,000); and
(2) in which a public question under IC 36-2-2.4 making the
county executive a single county executive has been approved
by the voters of the county.
As added by P.L.77-2014, SEC.19.
IC 36-2-3.7-2
"Single county executive"
Sec. 2. As used in this chapter, "single county executive" means
the single county executive elected under IC 3-10-2-13.
As added by P.L.77-2014, SEC.19.
IC 36-2-3.7-3
Distribution of powers among branches of county government;
number and election of county council members; staggered terms
Sec. 3. (a) In a county to which this chapter applies:
(1) the voters of the county shall continue to elect members of
the county council;
(2) beginning on January 1, 2019:
(A) the executive and legislative powers of the county are
divided between separate branches of county government,
and a power belonging to one (1) branch of county
government may not be exercised by the other branch of
county government;
(B) the county council is the county legislative body as well
as the county fiscal body; and
(C) the single county executive is the county executive of the
county and has the executive and administrative powers and
duties of the county as provided in IC 36-2-2.5; and
(3) the county council must consist of nine (9) members elected
by the voters of each of the nine (9) districts.
(b) The following apply in a county to which this chapter applies:
(1) Nine (9) county council members shall be elected at the
2018 general election.
(2) The terms of all county council members serving on
December 31, 2018, expire January 1, 2019.
(3) Notwithstanding any other law, to provide for staggered
terms of the members of the county council, the county council
may, before the 2018 primary election, adopt an ordinance
specifying which of the nine (9) members of the county council
Indiana Code 2016
to be elected at the 2018 general election shall serve an initial
term of two (2) years rather than four (4) years.
As added by P.L.77-2014, SEC.19.
IC 36-2-3.7-4
Legislative powers and duties assigned to county council;
references and cross-references
Sec. 4. (a) All powers and duties of the county that are legislative
in nature, including any power of appointment related to legislative
functions, shall be exercised or performed by the county council
functioning as the county legislative body.
(b) The county council has the same legislative powers and duties
that the board of county commissioners in the county had before the
board of county commissioners was abolished.
(c) For purposes of a county subject to this chapter, after
December 31, 2018, any reference in:
(1) the Indiana Code;
(2) the Indiana Administrative Code;
(3) an ordinance or resolution; or
(4) any deed, lease, contract, or other official document or
instrument;
to the board of county commissioners pertaining to the legislative
powers of a county shall be considered a reference to the county
council of the county.
(d) For purposes of a county subject to this chapter, after
December 31, 2018, any reference in:
(1) the Indiana Code;
(2) the Indiana Administrative Code;
(3) an ordinance or resolution; or
(4) any deed, lease, contract, or other official document or
instrument;
related to the legislative powers and duties of the board of county
commissioners shall be considered a reference to the powers and
duties of the county council of the county.
As added by P.L.77-2014, SEC.19.
IC 36-2-3.7-5
County council powers
Sec. 5. The county council may do any of the following:
(1) Establish committees that are necessary to carry out the
county council's functions.
(2) Employ legal and administrative personnel necessary to
carry out the county council's functions.
(3) Pass all ordinances, orders, resolutions, and motions for the
government of the county, in the manner prescribed by
IC 36-2-4.
(4) Receive gifts, bequests, and grants from public or private
sources.
Indiana Code 2016
(5) Conduct investigations into the conduct of county business
for the purpose of correcting deficiencies and ensuring
adherence to law and county ordinances and policies.
(6) Establish, by ordinance, new county departments, divisions,
or agencies whenever necessary to promote efficient county
government.
As added by P.L.77-2014, SEC.19.
Indiana Code 2016
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