§ 36-6-6-10 — Compensation of officers and employees; determining increases or decreases in compensation

(a) This section does not apply to the
appropriation of money to pay a deputy or an employee of a township
assessor with assessment duties or to an elected township assessor.
(b) As used in this section, "compensation" means the total of all
money paid to an elected township officer for performing duties as a
township officer, regardless of the source of funds from which the
money is paid. The term includes all employee benefits paid to an
elected township officer, including life insurance, health insurance,
disability insurance, retirement benefits, and pension benefits. For
purposes of determining an increase or decrease in compensation of an
elected township officer, the term does not include any of the
following:
(1) Payment of an insurance premium.
(2) Payments in recognition of:
(A) longevity;
(B) professional certifications; or
(C) educational advancements;
that are separately identified on a salary ordinance or resolution.
(3) Payment of a stipend or per diem allowed by statute.
(c) The township legislative body shall fix the compensation of all
officers and employees of the township. Compensation shall be
established using an annual, monthly, or biweekly salary schedule. An
elected township officer is not required to report hours worked and may
not be compensated based on the number of hours worked.
(d) Subject to subsection (e), the township legislative body may
reduce the salary of an elected or appointed official. However, except
as provided in subsection (i), the official is entitled to a salary that is
not less than the salary fixed for the first year of the term of office that
immediately preceded the current term of office.
(e) Except as provided in subsection (i), the township legislative
body may not alter the salaries of elected or appointed officers during
the fiscal year for which they are fixed, but it may add or eliminate any
other position and change the salary of any other employee, if the
necessary funds and appropriations are available.
(f) If a change in the mileage allowance paid to state officers and
employees is established by July 1 of any year, that change shall be
included in the compensation fixed for the township executive and
assessor under this section, to take effect January 1 of the next year.
However, the township legislative body may by ordinance provide for
the change in the sum per mile to take effect before January 1 of the
next year.
(g) The township legislative body may not reduce the salary of the
township executive without the consent of the township executive
during the term of office of the township executive as set forth in IC 36-6-4-2.
(h) This subsection applies when a township executive dies or
resigns from office. The person filling the vacancy of the township
executive shall receive at least the same salary the previous township
executive received for the remainder of the unexpired term of office of
the township executive (as set forth in IC 36-6-4-2), unless the person
consents to a reduction in salary.
(i) In a year in which there is not an election of members to the
township legislative body, the township legislative body may vote to
reduce the salaries of the members of the township legislative body by
any amount.
[Pre-Local Government Recodification Citations:
17-4-28-1.1; 17-4-28-1.3.]
As added by Acts 1980, P.L.212, SEC.5. Amended by Acts
1980, P.L.125, SEC.27; P.L.352-1983, SEC.1; P.L.196-1984, SEC.1;
P.L.319-1995, SEC.1; P.L.21-2002, SEC.2; P.L.169-2006, SEC.56;
P.L.146-2008, SEC.713; P.L.6-2013, SEC.2; P.L.209-2019,
SEC.16.