Indiana Code 36-2-2 County Executive - County Commissioners


IC 36-2-2-2 The three (3) member board of commissioners of a county elected under this chapter is the county executive. In the name of "The Board of Commissioners of the County of Floyd" the executive shall transact the business of the county.


IC 36-2-2-3 The executive shall be elected under IC 3-10-2-13 by the voters of the county. The number of members to be elected to the executive alternates between one (1) and two (2) at succeeding general elections. The term of office of a member of the executive is four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified.


IC 36-2-2-6 The executive shall hold a regular meeting at least once each month and at other times as needed to conduct all necessary business. Dates of regular meetings shall be established by resolution at the first meeting in January of each year.


IC 36-2-2-11 The county auditor shall attend all meetings of, and record in writing the official proceedings of, the executive. If a copy of the executive's proceedings has been signed and sealed by the auditor and introduced into evidence in court, that copy is presumed to be an accurate record of the executive's proceedings.


IC 36-2-2-13 The executive may employ a person to perform a duty required of a county officer by statute; or on a commission or percentage basis; only if the employment is expressly authorized by statute or is found by the executive to be necessary to the public interest. If a person's employment under subsection (a) is not expressly authorized by statute, the contract for his employment must be filed with the circuit court for the county, and he must file his claims for compensation with that court. Any taxpayer may contest a claim under this section.


IC 36-2-2-16 The executive may approve accounts chargeable against the county; and direct the raising of sums necessary for county expenses.


IC 36-2-2-18 At the regular meeting of the executive in January of each year, the executive and the county treasurer shall make a settlement for the preceding calendar year. A copy of the settlement sheet shall be copied in the order book of the executive.


IC 36-2-2-19 At its second regular meeting each year, the executive shall make an accurate statement of the county's receipts and expenditures during the preceding calendar year. The statement must include the name of and total compensation paid to each county officer, deputy, and employee. The executive shall post this statement at the courthouse door and two (2) other places in the county and shall publish it in the manner prescribed by IC 5-3-1.


IC 36-2-2-20 The county executive may make orders concerning county property, including orders for the sale of the county's public buildings and the acquisition of land in the county seat on which to build new public buildings; and the acquisition of land for a public square and the maintenance of that square. However, a conveyance or purchase by a county of land having a value of one thousand dollars ($1,000) or more must be authorized by an ordinance of the county fiscal body fixing the terms and conditions of the transaction.


IC 36-2-2-23 The executive may grant licenses, permits, or franchises for the use of county property if they: are not exclusive; are of a definite duration; and are assignable only with the consent of the executive. If a public utility or municipally owned or operated utility that carries on business outside the corporate boundaries of municipalities in the county is engaged in an activity substantially similar to that for which a license, permit, or franchise for the use of county property is sought, the executive may grant the license, permit, or franchise only with the consent of the utility regulatory commission. The commission may give its consent only if it determines, after a public hearing of all interested parties, that public necessity and convenience require the substantially similar activity.


IC 36-2-2-24 The executive shall establish and maintain a county courthouse, county jail, and public offices for the county clerk, the county auditor, the county recorder, the county treasurer, the county sheriff, the county surveyor, and the county superintendent of schools.


IC 36-2-2-25 Whenever publication of a notice, report, or statement of any kind is required and a county is liable for the cost of that publication, the executive may not make or pay for publication in more than one (1) newspaper unless publication in two (2) newspapers is required..


IC 36-2-2-27 A party to a proceeding before the executive who is aggrieved by a decision of the executive may appeal that decision to the circuit court for the county. A person who is not a party to a proceeding before the executive may appeal a decision of the executive only if he files with the county auditor an affidavit specifically setting forth his interest in the matter decided; and alleging that he is aggrieved by the decision of the executive. An appeal under this section must be taken within thirty (30) days after the executive makes the decision by which the appellant is aggrieved.


IC 36-2-2-28 An appellant under section 27 of this chapter must file with the county auditor a bond conditioned on due prosecution of the appeal. The bond is subject to approval by the auditor, and it must be in an amount sufficient to provide security for court costs. Within twenty (20) days after he receives the appeal bond, the auditor shall prepare a complete transcript of the proceedings of the executive related to the decision appealed from and shall deliver the transcript, all documents filed during the proceedings, and the appeal bond to the clerk of the circuit court.


IC 36-2-2-29 An appeal under section 27 of this chapter shall be docketed among the other causes pending in the circuit court and shall be tried as an original cause. A court may decide an appeal under section 27 of this chapter by affirming the decision of the executive; or remanding the cause to the executive with directions as to how to proceed; and may require the executive to comply with this decision.


IC 36-2-2-30 The executive may employ and fix the compensation of an attorney to represent and advise the executive. For the purposes of Section 9, Article 2 of the Constitution of the State of Indiana, employment by a county executive as an attorney does not constitute a lucrative office.




This website paid for and authorized by the Committee to Elect Dave Matthews, Floyd County Commissioner
Cheryl Matthews, Treasurer
 

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