(a)The board:
(1)has the same powers and duties as a township executive with
respect to fire protection functions, including those duties and
powers prescribed by IC 36-8-13, although all cooperative and
joint actions permitted by that chapter must be undertaken
according to this chapter;
(2)has the same powers and duties as a township executive
relative to contracting with volunteer firefighting companies, as
prescribed by IC 36-8-12 and IC 36-8-13;
(3)shall appoint, fix the compensation, and prescribe the duties
of a fiscal officer, secretarial staff, persons performing special and
temporary services or providing legal counsel, and other
personnel considered necessary for the proper functioning of the
district; however, a person appointed as fiscal officer must be
bonded by good and
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(a) The board:
(1) has the same powers and duties as a township executive with
respect to fire protection functions, including those duties and
powers prescribed by IC 36-8-13, although all cooperative and
joint actions permitted by that chapter must be undertaken
according to this chapter;
(2) has the same powers and duties as a township executive
relative to contracting with volunteer firefighting companies, as
prescribed by IC 36-8-12 and IC 36-8-13;
(3) shall appoint, fix the compensation, and prescribe the duties
of a fiscal officer, secretarial staff, persons performing special and
temporary services or providing legal counsel, and other
personnel considered necessary for the proper functioning of the
district; however, a person appointed as fiscal officer must be
bonded by good and sufficient sureties in an amount ordered by
the county legislative body to protect the district from financial
loss;
(4) shall exercise general supervision of and make regulations for
the administration of the district's affairs;
(5) shall prescribe uniform rules pertaining to investigations and
hearings;
(6) shall supervise the fiscal affairs and responsibilities of the
district;
(7) may delegate to employees of the district the authority to
perform ministerial acts, except in cases in which final action of
the board is necessary;
(8) shall keep accurate and complete records of all departmental
proceedings, record and file all bonds and contracts, and assume
responsibility for the custody and preservation of all papers and
documents of the district;
(9) shall make an annual report to the executive and the fiscal
body of the county that at least lists the financial transactions of
the district and a statement of the progress in accomplishing the
purposes for which the district has been established;
(10) shall adopt a seal and certify all official acts;
(11) may sue and be sued collectively by its legal name:
(A) ("Board of Fire Trustees, __________ Fire Protection
District"); or
(B) ("Governing Board of __________ Fire Protection
District"), if a governing board for the district is appointed
under section 12.5 of this chapter;
with service of process made on the chair of the board, but costs
may not be taxed against the members individually in an action;
(12) may invoke any legal, equitable, or special remedy for the
enforcement of this chapter or of proper action of the board taken
in a court;
(13) shall prepare and submit to the fiscal body of the county an
annual budget for operation and maintenance expenses and for the
retirement of obligations of the district, subject to review and
approval by the fiscal body;
(14) may, if advisable, establish one (1) or more advisory
committees, however in a county that adopts an ordinance under
section 12.5 of this chapter, the board of fire trustees shall be an
advisory body to the governing board;
(15) may enter into agreements with and accept money from a
federal or state agency and enter into agreements with a
municipality located within or outside the district, whether or not
the municipality is a part of the district, for a purpose compatible
with the purposes for which the district exists and with the
interests of the municipality;
(16) may accept gifts of money or other property to be used for
the purposes for which the district is established;
(17) may levy taxes at a uniform rate on the real and personal
property within the district;
(18) may issue bonds and tax anticipation warrants;
(19) may incur other debts and liabilities;
(20) may purchase or rent property;
(21) may sell services or property that are produced incident to
the operations of the district making a fair and reasonable charge
for it;
(22) may make contracts or otherwise enter into agreements with
public or private persons and federal or state agencies for
construction, maintenance, or operations of or in part of the
district;
(23) may receive and disburse money;
(24) may impose a false alarm fee or service charge under IC 36-8-13-4;
(25) may, subject to the approval of the active members of the fire
department in a referendum, adopt a merit system under IC 36-8-3.5; and
(26) shall serve as merit commissioners if a merit system is
adopted under IC 36-8-3.5.
(b) Powers granted by this chapter may be used only to accomplish
the purpose or purposes as stated in the ordinance or resolution
establishing the district. However, an act of the board necessary and
proper to accomplish the purposes for which the district is established
is not invalid because it incidentally accomplishes a purpose other than
one for which the district is established.
[Pre-Local Government Recodification Citations: subsection
(a) formerly 19-1-45-17 part; subsection (b) formerly
19-1-45-3.]
As added by Acts 1981, P.L.309, SEC.63. Amended by
P.L.341-1987, SEC.3; P.L.82-2001, SEC.1; P.L.127-2017, SEC.270;
P.L.207-2023, SEC.24; P.L.236-2023, SEC.199.