§ 10-16-10-1 — Security of property; pecuniary liability of officers and enlisted personnel

Indiana § 10-16-10-1

• Jurisdiction: Indiana
• Title 10: PUBLIC SAFETY
• Art. 16: INDIANA MILITARY CODE
• Ch. 10: Public Property and Military Equipment

Text

(a) The officer in permanent or temporary
command of a station is responsible for the security of all public
property of the command, whether in use or in store. Although for
purposes of periodical accountability to proper authorities, the public
property has been officially accepted and receipted for by any
subordinate officers, the commanding officer is responsible and
pecuniarily liable for the strict observance of the regulations in regard
to its preservation, use, and issue. The officer shall take care that:
(1) all storehouses are properly guarded;
(2) only reliable agents are employed; and
(3) only trustworthy enlisted persons are detailed for duty in
storehouses or in connection with the property.
(b) If an officer, a soldier, or an airman responsible for state and
federal property:
(1) resigns;
(2) is promoted;
(3) is dismissed; or
(4) is discharged;
the officer, soldier, or airman shall deliver all arms, accoutrements, or
stores only to the officer appointed to receive the arms, accoutrements,
or stores and take duplicate receipts for the arms, accoutrements, or
stores and file a duplicate receipt with the adjutant general. In case of
the death of an officer, a soldier, or an airman responsible for state and
federal property, the next in command shall immediately take charge
of the arms, accoutrements, or stores and deliver them to the person
appointed to receive the arms, accoutrements, or stores. However, if the
officer, soldier, or airman is commissioned in place of the deceased, the
officer, soldier, or airman shall execute and file duplicate receipts for
the arms, accoutrements, and stores with the adjutant general.
(c) An officer responsible for state and federal property shall be
charged for any damage to or loss or destruction of the property unless
the officer shows to the satisfaction of the adjutant general, by proper
evidence, that the damage, loss, or destruction was caused by
unavoidable causes and without fault or neglect on the officer's part.
(d) If an article of state or federal property is lost or damaged by the
neglect or fault of an officer, a soldier, or an airman, the officer,
soldier, or airman shall pay for the value of the property or the cost of
repairs, in a sum to be determined by the proper authority, upon the
demand of the adjutant general.
(e) The amount charged against an enlisted solider or airman on the
muster and payrolls for loss of or damage or repairs to military property
may not exceed the value of the article or cost of repairs. The charge
may only be made:
(1) on conclusive proof; and
(2) with an inquiry if the soldier or airman demands it.
(f) The adjutant general may pay from the funds appropriated to the
military department for operating expenses the expenses necessary for
the apprehension and prosecution of any person absconding with
property belonging to the state or United States if the person is not in
Indiana.
[Pre-2003 Recodification Citation: 10-2-6-1.]

Legislative History

As added by P.L.2-2003, SEC.7.