§ 36-8-11-12.5 — Authorization for certain counties to establish a nine member governing board for a fire protection district; powers and duties; term of appointments

Indiana § 36-8-11-12.5

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 11: Fire Protection Districts

Text

5. (a) This section applies only to a county
for which a fire protection district includes all of the incorporated and
unincorporated area of the county.
(b) The county legislative body may adopt an ordinance to establish
a nine (9) member governing board for the fire protection district. The
ordinance must provide that the governing board consists of the
following:
(1) Eight (8) governing board members appointed by the county
legislative body who meet the following requirements:
(A) Each governing board member must be an active member
of the board of fire trustees at the time of appointment to the
governing board. Upon appointment to the governing board, the
individual ceases to be a member of the board of fire trustees.
(B) Two (2) governing board members must reside in each of
the following four (4) geographic areas of the county that
contain as nearly as possible, equal area in square miles:
(i) Northwest.
(ii) Northeast.
(iii) Southwest.
(iv) Southeast.
(2) One (1) governing board member who is a member of the
county executive and serves on the board by virtue of their office.
Notwithstanding section 14(c) of this chapter, the member may
not receive any compensation for serving on the governing board
but may be compensated for expenses.
(c) Beginning on the date specified in the ordinance establishing the
governing board, the following occurs:
(1) Only the governing board shall have the powers and duties of
a board of fire trustees that are set forth in section 15 of this
chapter or in any other statute. Unless expressly provided
otherwise, any reference in this chapter or other statute to a board
of fire trustees or a member of the board of fire trustees is a
reference to the governing board or a member of the governing
board.
(2) The board of fire trustees:
(A) continues in existence solely as an advisory body to the
governing board; and
(B) does not have any of the powers and duties of a board of
fire trustees that are set forth in section 15 of this chapter or in
any other statute.
Sections 12, 13, and 14 of this chapter continue to apply to the
administration of the board of fire trustees.
(d) Except as provided in subsection (e), the term of a member
appointed to the governing board is four (4) years. The terms expire on
the first Monday of January of the year their appointments expire.
(e) The county legislative body may provide, in the ordinance
establishing the governing board, for the staggering of the terms of the
original governing board members appointed under subsection (b)(1).
(f) If a vacancy occurs on the governing board, the county
legislative body shall appoint a member with the qualifications set forth
in this section for the unexpired term.

Legislative History

As added by P.L.236-2023, SEC.198.