Indiana Code 36-2-3 County Legislative - County Council


IC 36-2-3-2 The seven (7) member county council elected under this chapter is the county fiscal body. The fiscal body shall act in the name of "The Floyd County Council".


IC 36-2-3-3 The term of office of a member of the fiscal body is four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified.


IC 36-2-3-5 To be eligible to serve as a member of the fiscal body, a person must reside within the county and the district from which the member was elected, if applicable.


IC 36-2-3-6 Election of president and president pro tempore; county auditor to serve as clerk; execution of orders by sheriff; employment of legal and administrative personnel
Sec. 6. (a) At its regular meeting required by section 7(b)(1) of this chapter, the fiscal body shall elect a president and president pro tempore from its members.
(b) The county auditor is the clerk of the fiscal body and shall:
(1) preserve the fiscal body's records in his office;
(2) keep an accurate record of the fiscal body's proceedings;
(3) record the ayes and nays on each vote appropriating money or fixing the rate of a tax levy; and
(4) record the ayes and nays on other votes when requested to do so by two (2) or more members.
(c) The county sheriff or a county police officer shall attend the meetings of the fiscal body, if requested by the fiscal body, and shall execute its orders.
(d) The fiscal body may employ legal and administrative personnel necessary to assist and advise it in the performance of its functions and duties.


IC 36-2-3-7 The fiscal body shall hold its meetings in the county seat, in the county auditor's office, or in another location provided by the county executive and approved by the fiscal body.
The fiscal body shall hold a regular meeting in January after its election, for the purpose of organization and other business;
shall hold a regular meeting annually, as prescribed by IC 6-1.1-17, to adopt the county's annual budget and tax rate;
may hold a special meeting under subsection (c) or (d); and
in the case of a county subject to IC 36-2-3.5, shall hold meetings at a regularly scheduled time each month that does not conflict with the meetings of the county executive.
A special meeting of the fiscal body may be called by the county auditor or the president of the fiscal body; or
by a majority of the members of the fiscal body.
At least forty-eight (48) hours before the meeting, the auditor, president, or members calling the meeting shall give written notice of the meeting to each member of the fiscal body and publish, at least one (1) day before the meeting, the notice in accordance with IC 5-3-1-4. This subsection does not apply to a meeting called to deal with an emergency under IC 5-14-1.5-5.
(d) If a court orders the county auditor to make an expenditure of county money for a purpose for which an appropriation has not been made, the auditor shall immediately call an emergency meeting of the fiscal body to discuss the matter. Notwithstanding subsection (c), the meeting must be held within three (3) working days of the receipt of the order by the auditor, and notice of the meeting day, time, and places is sufficient.


IC 36-2-3-8 A member of the fiscal body who purchases a bond, order, claim, or demand against the county for less than its face value shall forfeit it to the county and may not enforce it by legal action.


IC 36-2-3-10 The fiscal body may employ and fix the compensation of an attorney to represent and advise the fiscal body.
For the purposes of Section 9, Article 2 of the Constitution of the State of Indiana, employment by a county fiscal body as an attorney does not constitute a lucrative office.




This website paid for and authorized by the Committee to Elect Daniel Short, Floyd County Council
Debra Burton, Treasurer
 

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