§ 36-9-25-3 — Establishment of department; composition of board of commissioners; oaths, surety bonds, and compensation of commissioners

Indiana § 36-9-25-3

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 25: Sanitation Department in Certain Cities

Text

(a) A department of public sanitation is
established as an executive department of the municipality. However,
in the case of a district described in subsection (b)(2), the department
is established as an executive department of each municipality in the
district.
(b) The department is under the control of a board of sanitary
commissioners, which is composed as follows:
(1) If the department is established under section 1(a) of this
chapter, the board consists of not less than three (3) but not more
than five (5) commissioners. All of the commissioners shall be
appointed by the municipal executive, unless one (1)
commissioner is the municipal engineer. Not more than two (2)
of the commissioners may be of the same political party, unless
the board consists of five (5) commissioners, in which case not
more than three (3) may be of the same political party.
(2) Notwithstanding subdivision (1), if the department is
established under section 1(a) of this chapter and the district
contains at least one (1) city having a population of less than one
hundred thousand (100,000) and at least one (1) town, the board
consists of one (1) commissioner from each municipality in the
district. The executive of each of those municipalities shall
appoint one (1) commissioner. If after all appointments are made
the board has fewer than five (5) commissioners, the executive of
the municipality with the largest population shall appoint the
number of additional commissioners needed to bring the total to
five (5). Not more than three (3) of the commissioners may be of
the same political party.
(3) If the department is established under section 1(b) of this
chapter, the board consists of not less than three (3)
commissioners but not more than five (5) commissioners. One (1)
commissioner is the city civil engineer. All other commissioners
shall be appointed by the city executive. Not more than two (2) of
the commissioners may be of the same political party, unless the
board consists of five (5) commissioners, in which case not more
than three (3) of the commissioners may be of the same political
party. However, if the department is located in a county having a
population of:
(A) more than one hundred thousand (100,000) and less than
one hundred ten thousand (110,000);
(B) more than one hundred twelve thousand (112,000) and less
than one hundred twenty thousand (120,000);
(C) more than one hundred eighty-five thousand (185,000) and
less than two hundred thousand (200,000); or
(D) more than one hundred thirty thousand (130,000) and less
than one hundred thirty-nine thousand (139,000);
and the city does not have a city civil engineer, one (1) of the
commissioners must be a licensed engineer, appointed by the
executive, with at least five (5) years experience in civil or
sanitary engineering. In addition, in such a city the commissioners
may not hold another public office. Not more than two (2) of the
commissioners may be of the same political party, unless the
board consists of five (5) commissioners, in which case not more
than three (3) of the commissioners may be of the same political
party.
(c) Before beginning the commissioner's duties, each commissioner
shall take and subscribe the usual oath of office. The oath shall be
endorsed upon the certificate of appointment and filed with the
municipal clerk.
(d) Each commissioner shall also execute a bond in the penal sum
of five thousand dollars ($5,000) payable to the state and conditioned
upon the faithful performance of the commissioner's duties and the
faithful accounting for all money and property that comes under the
commissioner's control. The bond must be approved by the municipal
executive.
(e) The appointed commissioners are entitled to a salary of not less
than three thousand six hundred dollars ($3,600) a year during actual
construction and not less than six hundred dollars ($600) a year in
other years.
(f) Notwithstanding IC 36-1-8-10, whenever this section requires
that the membership of the board of sanitary commissioners not exceed
a stated number of members from the same political party, at the time
of appointment the appointee must:
(1) have voted in the two (2) most recent primary elections held
by the party with which the appointee claims affiliation; or
(2) if the appointee did not vote in the two (2) most recent
primary elections or only voted in one (1) of those elections, be
certified as a member of the party with which the appointee
claims affiliation by that party's county chair for the county in
which the appointee resides.
[Pre-Local Government Recodification Citations: subsection
(a) formerly 19-2-14-1 part; subsections (b)(1), (b)(2) formerly
19-2-27-1 part; subsection (b)(3) formerly 19-2-14-1 part; 19-2-28-5
part; 19-2-28.5-3 part; subsections (c), (d) formerly 19-2-14-1 part;
subsection (e) formerly 19-2-14-2 part.]
As added by Acts 1981, P.L.309, SEC.98. Amended by Acts
1982, P.L.1, SEC.64; P.L.319-1989, SEC.1; P.L.320-1989, SEC.1;
P.L.12-1992, SEC.180; P.L.170-2002, SEC.169; P.L.175-2006,
SEC.21; P.L.17-2007, SEC.1; P.L.119-2012, SEC.231; P.L.127-2017,
SEC.316; P.L.104-2022, SEC.213.