This text of Indiana § 36-8-9-3.1 (Membership) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.
(a)An ordinance adopted under section 2 of
this chapter must provide as follows:
(1)The board must consist of either of the following number of
members:
(A)Three (3) members. If the ordinance provides for a three (3)
member board, not more than two (2) board members may be
members of the same political party, if individuals who satisfy
this requirement can be found to serve on the board.
(B)Five (5) members. If the ordinance provides for a five (5)
member board, not more than three (3) board members may be
members of the same political party, if individuals who satisfy
this requirement can be found to serve on the board.
(2)Each board member must be a resident of the town.
(3)The town legislative body shall appoint each board member.
(4)Except as provided in subdivision (5), the
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1. (a) An ordinance adopted under section 2 of
this chapter must provide as follows:
(1) The board must consist of either of the following number of
members:
(A) Three (3) members. If the ordinance provides for a three (3)
member board, not more than two (2) board members may be
members of the same political party, if individuals who satisfy
this requirement can be found to serve on the board.
(B) Five (5) members. If the ordinance provides for a five (5)
member board, not more than three (3) board members may be
members of the same political party, if individuals who satisfy
this requirement can be found to serve on the board.
(2) Each board member must be a resident of the town.
(3) The town legislative body shall appoint each board member.
(4) Except as provided in subdivision (5), the term of each board
member expires January 1 of the third year after the member's
appointment.
(5) The ordinance must provide for staggered terms of the board
members and the method for staggering the terms. If the board has
three (3) members, the term of one (1) board member must expire
each year. If the board has five (5) members, the terms of not
more than two (2) board members may expire each year.
(6) The town legislative body may remove a board member for
any cause that the legislative body considers sufficient.
(7) The town legislative body may not appoint a police officer
employed by the town to serve on the board.
(b) The ordinance may provide that a member of the town
legislative body may serve as an ex officio member of the board. If the
ordinance permits members of the town legislative body to serve as
members of the board, the following apply:
(1) The ordinance must state the maximum number of board
members that may also be members of the town legislative body.
(2) The ordinance must provide either of the following:
(A) That a board member vacates the member's position on the
board when the member is no longer a member of the town
legislative body.
(B) That a board member may continue to serve until the end of
the board member's term even if the board member vacates the
member's position on the town legislative body.
(3) A board member who is also a member of the town legislative
body may not receive compensation as a board member provided
under subsection (g).
(4) A board member who is also a member of the town legislative
body is not required to post the bond required by subsection (f).
(c) This subsection does not apply to a board member who is a
member of the town legislative body. Before performing any function
of a board member, an individual shall take and subscribe an oath or
affirmation of office before the circuit court clerk of the county in
which the town is located.
(d) This subsection applies to all board members. Before performing
any function of a board member, an individual shall take and subscribe
an oath or affirmation before the circuit court clerk of the county in
which the town is located that, in each appointment or removal made
by the board to or from the town police department under this chapter,
the board member will not appoint or remove a member of the town
police department because of the political affiliation of the person or
for another cause or reason other than that of the fitness of the person.
(e) The circuit court clerk shall file oaths and affirmations required
by this section among the circuit court clerk's records.
(f) This subsection does not apply to a board member who is a
member of the town legislative body. A board member shall give bond
in the penal sum of five thousand dollars ($5,000), payable to the state
and conditioned upon the faithful and honest discharge of the member's
duties. The bond must be approved by the town legislative body.
(g) The town legislative body shall fix the salary of board members
who are not members of the town legislative body. A board member's
salary is payable monthly out of the town treasury.
(h) If the board has three (3) members, the town legislative body
may amend the ordinance at any time to increase the number of board
members to five (5). The amended ordinance and the appointment of
board members must satisfy all the requirements of subsection (a).
(i) A board established in compliance with section 3 of this chapter
(before its repeal) is considered a board established under this section.
A town legislative body may amend an ordinance adopted in
compliance with section 3 of this chapter (before its repeal) as provided
in this section.