§ 36-6-6-17 — Application; immediate family member; continuation of appropriations

Indiana § 36-6-6-17

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 6: GOVERNMENT OF TOWNSHIPS
• Ch. 6: Township Legislative Body

Text

(a) This section does not apply to a township
located in a county having a consolidated city.
(b) As used in this section, "immediate family member" refers only
to any of the following relatives of an individual:
(1) A parent.
(2) A sibling.
(3) A spouse.
(4) A child.
A relative by adoption, half-blood, marriage, or remarriage is
considered as a relative of whole kinship.
(c) A member of the township board may not participate in a vote
on the adoption of the township's budget and tax levies if the member
is an immediate family member of the township trustee.
(d) Notwithstanding any other law, if at least a majority of the
members of the township board are precluded from voting on the
township's budget and tax levies under subsection (c), the township's
most recent annual appropriations are continued for the ensuing budget
year, subject to the following:
(1) The township trustee may petition the county fiscal body for
an increase in the township's budget under subsection (e).
(2) The township trustee may petition the county fiscal body for
any additional appropriations under subsection (f).
(e) If subsection (d) applies, the township trustee may petition the
county fiscal body for an increase in the township's budget and property
tax levies. The county fiscal body may grant or deny the petition only
after conducting a public hearing on the petition.
(f) If subsection (d) applies, the county fiscal body may adopt any
additional appropriations of the township by ordinance before the
department of local government finance may approve the additional
appropriation.

Legislative History

As added by P.L.159-2020, SEC.80.