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.