§ 36-9-29-8 — Board of commissioners; membership; oath; removal and appointment; compensation; meeting; quorum; powers and duties; conflict of interest

Indiana § 36-9-29-8

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 29: Flood Control Districts in Certain Cities

Text

(a) If a flood control district is established
under this chapter, the construction of the flood control works shall be
carried out under the control of a flood control board, to be known as
"Board of Commissioners, ____________ Flood Control District"
(designating the name of the city instituting the proceedings for the
establishment of the district).
(b) The flood control board consists of:
(1) the members of the works board of the city petitioning for the
establishment of the flood control district;
(2) the executive of each town included in whole or in part in the
district;
(3) the executive of each township included in whole or in part in
the district; and
(4) one (1) individual appointed by the executive of each town
included in whole or in part in the flood control district if the
town does not have a works board.
(c) Before entering upon the commissioner's duties, each
commissioner of the flood control board shall take and subscribe the
usual oath of office, and shall file it with the clerk of the circuit court.
(d) If any commissioner of the flood control board fails or refuses
to qualify, or after qualifying fails or refuses to take part in the
proceedings of the board, then the board, by a majority vote, may
petition the circuit court for the appointment of a new commissioner.
After a hearing and a showing of cause, the court may remove the
offending commissioner. If the court removes a commissioner, the
executive of the city shall appoint a new commissioner. The new
commissioner must be a freeholder residing in the part of the district
previously represented by the commissioner removed.
(e) Each commissioner of a flood control board is entitled to a salary
fixed by the board, subject to the approval of the legislative body of the
city petitioning for the establishment of the flood control district.
(f) Within ten (10) days after the entry of the decree establishing the
flood control district, the commissioners of the flood control board
shall meet at the office of the works board of the city petitioning for the
establishment of the district, and shall organize by electing one (1) of
their number president and one (1) vice president. These officers shall
perform the duties usually pertaining to their offices, and shall serve for
a period of one (1) year or until their successors are elected and
qualified. The board shall also appoint a secretary pro tempore to keep
the records of the proceedings until the board appoints a permanent
secretary. The minutes of the board shall be kept in a permanent minute
book, and the first entry in the book must be a copy of the decree
establishing the district and fixing its boundaries.
(g) A majority of the commissioners of the flood control board
constitutes a quorum for the transaction of any business. If the board
consists of an even number of commissioners and there is a tie vote on
any question, the executive of the city petitioning for the establishment
of the flood control district shall be the determining vote in the event
of the tie.
(h) The flood control board may:
(1) sue and be sued;
(2) exercise the power of eminent domain;
(3) adopt rules governing the holding of regular meetings, the
calling of special meetings, methods of procedure, and similar
matters; and
(4) perform all acts necessary and proper for carrying out the
purposes of the flood control district.
(i) The office of the flood control board shall be maintained at the
office of the works board of the city petitioning for the establishment
of the district, or at another place furnished by the city. All records of
the board shall be kept at the office and are public records, open to
inspection by the public during business hours.
(j) A commissioner, appointee, or employee of the flood control
board may not have any direct or indirect interest in any contract let by
the board, or in the furnishing of supplies or materials to the board.
[Pre-Local Government Recodification Citation:
19-4-18-5.]
As added by Acts 1981, P.L.309, SEC.105. Amended by Acts
1981, P.L.317, SEC.34; P.L.7-1983, SEC.42; P.L.127-2017, SEC.371;
P.L.27-2021, SEC.1; P.L.236-2023, SEC.211.