§ 13-21-3-5 — Board of directors; membership

Indiana § 13-21-3-5

• Jurisdiction: Indiana
• Art. 21: SOLID WASTE MANAGEMENT DISTRICTS

Text

(a) Except as provided in subsections (b)
through (e), the board of a county district consists of the following
members:
(1) Two (2) members appointed by the county executive from the
membership of the county executive.
(2) One (1) member appointed by the county fiscal body from the
membership of the fiscal body.
(3) One (1) member:
(A) who is the executive of the municipality having the largest
population in the county if that municipality is a city; or
(B) appointed from the membership of the legislative body of
a town if the town is the municipality having the largest
population in the county.
(4) One (1) member of the legislative body of the municipality
with the largest population in the county appointed by the
legislative body of that municipality.
(5) One (1) of the following:
(A) A member who is the executive of a city in the county that
is not the municipality having the largest population in the
county and who is appointed by the executive of the county to
represent the municipalities in the county other than the
municipality having the largest population.
(B) A member who is a member of the legislative body of a
town in the county that is not the municipality having the
largest population in the county and who is appointed by the
executive of the county to represent the municipalities in the
county other than the municipality having the largest
population.
(C) If the county contains only one (1) municipality, a member
who is a freeholder whose freehold is located in the
conservancy district that:
(i) is located entirely within the county; and
(ii) contains the greatest number of freeholds of any
conservancy district located in the county;
and who is appointed to the board of the county district by the
board of the conservancy district.
(6) One (1) additional member appointed by the county executive
from the membership of the county executive.
(b) If a county having a population of more than four hundred
thousand (400,000) and less than seven hundred thousand (700,000) is
designated as a county district, the executives of the three (3) cities in
the county having the largest populations each serve as a member of
the board or may appoint a member of the legislative body of their city
to serve as a member of the board. If a county having a population of
more than two hundred fifty thousand (250,000) and less than three
hundred thousand (300,000) is designated as a county district, the
executives of the two (2) cities in the county having the largest
populations each serve as a member of the board. If a county having a
population of more than two hundred fifty thousand (250,000) and less
than three hundred thousand (300,000) is designated as a county
district, the board of that county district must include the following:
(1) One (1) member of the legislative body of the city having the
second largest population in the county, appointed by the
president of the city legislative body.
(2) One (1) member of the legislative body of a town located in
the county, appointed by the judge of the circuit court in the
county.
(c) If a county having a consolidated city is designated a county
district, the board of public works established under IC 36-3-5-6
constitutes the board of the county district.
(d) If a county designated as a county district has a population of
more than four hundred thousand (400,000) and less than seven
hundred thousand (700,000), the board of the district consists of the
following members:
(1) One (1) member appointed by the county executive from the
membership of the county executive.
(2) Two (2) members appointed from the county fiscal body
appointed from the membership of the county fiscal body.
(3) The executive of each second or third class city or a member
of the legislative body of their city appointed by the executive.
(4) One (1) member of the legislative body of each town
appointed by the legislative body.
(5) One (1) member of the legislative body of the municipality
with the largest population in the county appointed by the
legislative body of that municipality.
(6) If a local government unit in the county has an operating final
disposal facility located within the unit's jurisdiction, one (1)
member of the unit's board of public works appointed by the
board of public works.
(e) This subsection applies only to a county that does not contain a
city. If the county executive and the county fiscal body of a county
designated as a county district agree, the board of the district shall
consist of the following nine (9) or ten (10) members:
(1) The three (3) members of the county executive.
(2) Two (2) members of the county fiscal body, chosen by the
county fiscal body.
(3) One (1) member of each of the town legislative bodies of the
four (4) or five (5) towns in the county having the largest
population, chosen by each town legislative body.
[Pre-1996 Recodification Citation: 13-9.5-2-5.]

Legislative History

As added by P.L.1-1996, SEC.11. Amended by P.L.110-1998, SEC.1; P.L.189-2005, SEC.3; P.L.119-2012, SEC.113; P.L.60-2017, SEC.3; P.L.104-2022, SEC.85.