§ 36-10-3-4 — Municipal parks and recreation board; members; appointing authorities

(a) This subsection applies only in a third class
city. A city board consists of four (4) members to be appointed by the
city executive. The members shall be appointed on the basis of their
interest in and knowledge of parks and recreation. In addition, the
creating ordinance may provide for one (1) or two (2) additional
members, those being:
(1) a member selected by the governing body of the school
corporation who is:
(A) a member of the governing body of the school corporation,
serving ex officio; or
(B) an individual who resides in the school corporation;
(2) a member selected by the governing body of the library district
who is:
(A) a member of the governing body of the library district,
serving ex officio; or
(B) an individual who resides in the library district; or
(3) individuals under both subdivisions (1) and (2).
(b) This subsection applies in a county containing a consolidated
city and in a second class city. A city board consists of four (4)
members to be appointed by the city executive. The members shall be
appointed on the basis of their interest in and knowledge of parks and
recreation, but no more than two (2) members may be affiliated with
the same political party. In addition, the creating ordinance may
provide for one (1) or two (2) additional members, those being:
(1) either:
(A) a member of the governing body of the school corporation,
serving ex officio, selected by the governing body of the school
corporation; or
(B) an individual who resides in the school corporation,
selected by the governing body of the school corporation;
(2) a member of the governing body of the library district, serving
ex officio, selected by that body; or
(3) individuals described in both subdivisions (1) and (2).
(c) A town board consists of four (4) members to be appointed by
the town legislative body. The members shall be appointed on the basis
of their interest in and knowledge of parks and recreation. Except as
provided in section 4.1 of this chapter, not more than two (2) members
may be affiliated with the same political party. Members of the board
must be residents of the district. In addition, the creating ordinance
may provide for one (1) or two (2) additional members, those being:
(1) a member:
(A) of the governing body of the school corporation, serving ex
officio, selected by that body; or
(B) designated by the governing body of the school corporation;
(2) a member selected by the governing body of the library district
who is:
(A) a member of the governing body of the library district
serving ex officio; or
(B) an individual who resides in the library district; or
(3) individuals under both subdivisions (1) and (2).
(d) A county board shall be appointed as follows:
(1) Two (2) members shall be appointed by the judge of the
circuit court.
(2) One (1) member shall be appointed by the county executive.
(3) Two (2) members shall be appointed by the county fiscal
body.
The members appointed under subdivisions (1), (2), and (3) shall be
appointed on the basis of their interest in and knowledge of parks and
recreation, but no more than one (1) member appointed under
subdivisions (1) and (3) may be affiliated with the same political party.
In a county having at least one (1) first or second class city, the creating
ordinance must provide for one (1) ex officio board member to be
appointed by the executive of that city. The member appointed by the
city executive must be affiliated with a different political party than the
member appointed by the county executive. However, if a county has
more than one (1) such city, the executives of those cities shall agree
on the member. The member serves for a term coterminous with the
term of the appointing executive or executives.
(e) Ex officio members have all the rights of regular members,
including the right to vote. A vacancy in an ex officio position shall be
filled by the appointing authority. All members serving on a county,
city, or town board have the same rights, including the right to vote. A
vacancy in the seat of a member shall be filled by the appointing
authority.
(f) A municipal executive, a member of a county fiscal body, a
member of the county executive, or a member of the municipal fiscal
body may not serve on a board.
(g) The creating ordinance in any county may provide for:
(1) the county cooperative extension coordinator;
(2) the county extension educator; or
(3) a member of the county extension committee selected by the
committee;
to serve as an ex officio member of the county board, in addition to the
members provided for under subsection (d).
(h) The creating ordinance in a county having no first or second
class cities may provide for a member of the county board to be
selected by the board of supervisors of a soil and water conservation
district in which a facility of the county board is located. The member
selected under this subsection is in addition to the members provided
for under subsections (d) and (g).
[Pre-Local Government Recodification Citations: subsection
(a) formerly 19-7-4-7 part; subsection (b) formerly 19-7-4-8;
subsection (c) formerly 19-7-4-7.5 part; subsections (d), (e), (f), (g)
formerly 19-7-4-7 part.]
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts
1981, P.L.320, SEC.1; P.L.207-1984, SEC.1; P.L.157-1991, SEC.4;
P.L.40-1993, SEC.68; P.L.271-1993, SEC.1; P.L.2-1995, SEC.138;
P.L.64-1998, SEC.3; P.L.128-2007, SEC.1; P.L.205-2016, SEC.2;
P.L.72-2018, SEC.20; P.L.75-2019, SEC.3; P.L.133-2025,
SEC.1.