§ 36-5-2-4.5 — Adoption of ordinances; elections

Indiana § 36-5-2-4.5

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 5: GOVERNMENT OF TOWNS
• Ch. 2: Town Legislative Body and Executive

Text

5. (a) This section applies to a town if both of
the following apply:
(1) The town has a population of more than ten thousand
(10,000).
(2) The town legislative body adopts an ordinance adopting the
provisions of this section. A town may not adopt an ordinance
under this section during a year in which municipal elections are
held under IC 3-10-6-5.
(b) A town legislative body has the following members:
(1) Five (5) members, each elected by the voters of a district. The
districts are established by ordinance by the town legislative body
as provided in this chapter.
(2) Two (2) members elected at large by all the voters of the town.
(c) An ordinance adopted under this section must provide for the
following:
(1) Four (4) members of the legislative body are elected during a
year that municipal elections are held under IC 3-10-6-5.
(2) Three (3) members of the legislative body are elected either:
(A) during the year before the year described in subdivision (1);
or
(B) during the year after the year described in subdivision (1).
The year for elections under this subdivision must be chosen so
that during the elections held for the town legislative body under
subdivision (4), a member of the town legislative body does not
serve a term of more than four (4) years.
(3) The members of the legislative body elected at large may not
be elected at the same time.
(4) At the first two (2) elections after the ordinance is adopted,
members are elected to serve the following terms:
(A) Two (2) members elected under subdivision (1) are elected
to a four (4) year term and two (2) members elected under
subdivision (1) are elected to a three (3) year term.
(B) Two (2) members elected under subdivision (2) are elected
to a four (4) year term and one (1) member elected under
subdivision (2) is elected to a three (3) year term.
The ordinance must provide a random procedure to determine
which members serve four (4) year terms and which members
serve three (3) year terms.
(5) A member of the town council elected after the elections
described in subdivision (4) serves a term of four (4) years.
(6) The term of office of a member begins at noon January 1 after
the member's election.
(d) An ordinance adopted under this section may provide that before
the first election after adoption of the ordinance, members of the town
legislative body added to the legislative body by the ordinance may be
appointed to the legislative body by a vote of the current members of
the legislative body.
(e) After the first two (2) elections held as described in subsection
(c)(4), the town legislative body may adopt an ordinance to do the
following:
(1) Divide the town into seven (7) districts.
(2) Provide that the members elected at large are each elected
from a district.
An ordinance adopted under this subsection must comply with this
chapter in establishing the districts and provide details to provide a
transition from electing two (2) members at large to electing all
members from districts.
(f) Subject to this section, members of the town legislative body are
elected as provided in IC 3-10-6-4.5.

Legislative History

As added by P.L.38-1999, SEC.72. Amended by P.L.14-2000, SEC.81.