CHAPTER 4. REORGANIZATION BY REFERENDUM
IC 36-1.5-4
Chapter 4. Reorganization by Referendum
IC 36-1.5-4-1
Types of reorganizations authorized; political subdivisions not
participating in reorganization
Sec. 1. (a) Any of the following may reorganize under this
chapter:
(1) Two (2) or more counties. A county reorganizing under this
subdivision must be adjacent to at least one (1) other county
participating in the reorganization.
(2) Two (2) or more townships located entirely within the same
county. A township reorganizing under this subdivision must be
adjacent to at least one (1) other township participating in the
reorganization.
(3) Two (2) or more municipalities. A municipality reorganizing
under this subdivision must be adjacent to at least one (1) other
municipality participating in the reorganization.
(4) Two (2) or more school corporations. A school corporation
reorganizing under this subdivision must be adjacent to at least
one (1) other school corporation participating in the
reorganization.
(5) Two (2) or more municipal corporations, other than a unit
or a school corporation, that have substantially equivalent
powers. A municipal corporation reorganizing under this
subdivision must be adjacent to at least one (1) other municipal
corporation participating in the reorganization.
(6) Two (2) or more special taxing districts that are adjacent to
at least one (1) other special taxing district participating in the
reorganization.
(7) A township and a municipality that is located in any part of
the same township.
(8) A county and one (1) or more townships that are located in
the county.
(9) A municipality and a county that does not contain a
consolidated city.
(10) A school corporation and a county or municipality in
which a majority of the students of the school corporation have
legal settlement (as defined by IC 20-18-2-11).
(11) A municipal corporation, other than a unit or a school
corporation, and a county or municipality in which a majority
of the population of the municipal corporation resides.
(b) If a political subdivision reorganizes under this article with
one (1) or more other political subdivisions:
(1) any political subdivisions that did not participate in the
public question on the reorganization are not reorganized under
this article;
(2) the reorganization affects only those political subdivisions
in which the reorganization is approved as specified in this
article; and
(3) the reorganization does not affect the rights, powers, and
duties of any political subdivisions in the county in which the
reorganization is not approved as specified in this article.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-2
Adjacent political subdivisions
Sec. 2. For purposes of this chapter, two (2) political subdivisions
may not be treated as adjacent if the political subdivisions are
connected by a strip of land that is less than one hundred fifty (150)
feet wide.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-3
Types of reorganization
Sec. 3. Political subdivisions described in section 1 of this chapter
may participate under this chapter in any of the following types of
reorganization:
(1) Consolidation of the participating political subdivisions into
a single new political subdivision.
(2) Consolidation of the participating political subdivisions into
one (1) of the participating political subdivisions.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-4
Powers of political subdivisions in an approved reorganization
Sec. 4. As part of a reorganization in a finally approved plan of
reorganization, one (1) or more of the reorganizing political
subdivisions or the reorganized political subdivision may do the
following:
(1) Adjust any of its boundaries.
(2) Establish a joint service area with another political
subdivision.
(3) Transfer the functions of an office to another office.
(4) Provide for a legislative body, an executive, or a fiscal body
of the reorganized political subdivision to exercise the powers
of a legislative body, an executive, or a fiscal body of a
reorganizing political subdivision.
(5) Change the name of the political subdivision or select a new
name.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-5
Effective date of reorganization
Sec. 5. (a) Except as provided in subsection (b), a reorganization
approved under this chapter takes effect when all of the following
have occurred:
(1) The later of:
(A) the date that a copy of a joint certification from the
county election board in each county in which reorganizing
political subdivisions are located that indicates that:
(i) the reorganization has been approved by the voters of
each reorganizing political subdivision; or
(ii) in the case of a reorganization described in section
1(a)(9) of this chapter, the reorganization has been
approved as set forth in section 32(b) of this chapter;
is recorded as required by section 31 of this chapter; or
(B) the date specified in the finally adopted plan of
reorganization.
(2) The appointed or elected officers of the reorganized political
subdivision are elected (as prescribed by section 36 of this
chapter) or appointed and qualified, if:
(A) the reorganized political subdivision is a new political
subdivision and reorganizing political subdivisions are not
being consolidated into one (1) of the reorganizing political
subdivisions;
(B) the reorganized political subdivision will have different
boundaries than any of the reorganizing political
subdivisions;
(C) the reorganized political subdivision will have different
appointment or election districts than any of the reorganizing
political subdivisions; or
(D) the finally adopted plan of reorganization requires new
appointed or elected officers before the reorganization
becomes effective.
(b) A reorganization approved under this chapter may not take
effect during the year preceding a year in which a federal decennial
census is conducted. A consolidation that would otherwise take
effect during the year preceding a year in which a federal decennial
census is conducted takes effect January 1 of the year in which a
federal decennial census is conducted.
(c) Notwithstanding subsection (b) as that subsection existed on
December 31, 2009, a reorganization that took effect January 2,
2010, because of the application of subsection (b), as that subsection
existed on December 31, 2009, is instead considered to take effect
January 1, 2010, without the adoption of an amended reorganization
plan.
As added by P.L.186-2006, SEC.4. Amended by P.L.113-2010,
SEC.109.
IC 36-1.5-4-6
Results of reorganization
Sec. 6. When a reorganization under this chapter is effective:
(1) all of the participating political subdivisions, except the
reorganized political subdivision, cease to exist;
(2) unless the plan of reorganization provides for the
continuation of the term of office, the term of each of the
elected offices of each of the reorganizing political subdivisions
is terminated;
(3) if the plan of reorganization transfers the responsibilities of
any office to another office, the office from which the
responsibilities were transferred is abolished;
(4) the executives, legislative bodies, and fiscal bodies of the
reorganizing political subdivisions (other than any reorganizing
political subdivision that is treated under the plan of
reorganization as the successor reorganized political
subdivision) are abolished, and the responsibilities of the
executives, legislative bodies, and fiscal bodies are transferred
to the executive, legislative body, and fiscal body of the
reorganized political subdivision; and
(5) the property and liabilities of the reorganizing political
subdivisions become the property and liabilities of the
reorganized political subdivision, subject to section 40 of this
chapter.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-7
Budgets, rates, and levies; election districts
Sec. 7. In the year before the year in which the participating
political subdivisions are reorganized under this chapter:
(1) the fiscal bodies of the reorganizing political subdivisions
shall, in the manner provided by IC 6-1.1-17, adopt tax levies,
tax rates, and a budget for the reorganized political subdivision
either through the adoption of substantially identical resolutions
adopted by each of the fiscal bodies or, if authorized in the plan
of reorganization, through a joint board established under an
agreement of the fiscal bodies on which the members of each of
the fiscal bodies are represented; and
(2) if the reorganized political subdivision will have elected
offices and different election districts than any of the
reorganizing political subdivisions, the legislative bodies of the
reorganizing political subdivisions shall establish the election
districts either through the adoption of substantially identical
resolutions adopted by each of the legislative bodies or, if
authorized in the plan of reorganization, through a joint board
established under an agreement of the legislative bodies on
which the members of each of the legislative bodies are
represented.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-8
Authority of department of local government finance to prescribe
forms
Sec. 8. The department of local government finance may prescribe
forms for petitions, resolutions, certifications, and other writings
required under this chapter. A petition, resolution, certification, or
other writing related to a reorganization must be substantially in the
form prescribed by the department of local government finance.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-9
Initiation of reorganization
Sec. 9. A reorganization may be initiated by:
(1) adopting a resolution under section 10 of this chapter; or
(2) filing a petition under section 11 of this chapter.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-10
Initiation of reorganization by legislative body
Sec. 10. (a) The legislative body of a political subdivision may
initiate a proposed reorganization under this chapter by adopting a
resolution that:
(1) proposes a reorganization;
(2) names the political subdivisions that would be reorganized
in the proposed reorganization; and
(3) only in the case of a proposed reorganization described in
section 1(a)(9) of this chapter, states whether the vote on the
public question regarding the reorganization shall be:
(A) conducted on a countywide basis under section 30(b) of
this chapter, without a rejection threshold; or
(B) conducted on a countywide basis under section 30(b) of
this chapter, with a rejection threshold.
(b) The clerk of the political subdivision adopting the resolution
shall certify the resolution to the clerk of each political subdivision
named in the resolution.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-11
Initiation of reorganization by voters
Sec. 11. (a) The voters of a political subdivision may initiate a
proposed reorganization by filing a written petition, substantially in
the form prescribed by the department, with the clerk of the political
subdivision that:
(1) proposes a reorganization; and
(2) names the political subdivisions that would be reorganized
in the proposed reorganization.
(b) If the written petition is signed by at least five percent (5%) of
the voters of the political subdivision, as determined by the vote cast
in the political subdivision for secretary of state at the most recent
general election, the clerk of the political subdivision shall certify the
petition to the legislative body of the political subdivision.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-12
Action by legislative body on proposed reorganization; hearing
Sec. 12. (a) If a petition is certified to the legislative body of a
political subdivision under section 11 of this chapter, the legislative
body shall conduct a public hearing on the proposed reorganization
not sooner than five (5) days after publishing a notice of the public
hearing under IC 5-3-1. Not more than thirty (30) days after the
conclusion of the public hearing the legislative body shall adopt a
resolution, substantially in the form prescribed by the department of
local government finance, to do any of the following:
(1) Decline to participate in the proposed reorganization.
(2) Propose a reorganization with the political subdivisions
named in the petition.
(3) Propose a reorganization with political subdivisions that
differ in part or in whole from the political subdivisions named
in the petition.
(b) In the case of a resolution adopted under this section
proposing a reorganization described in section 1(a)(9) of this
chapter, the resolution must also state whether the vote on the public
question regarding the reorganization shall be:
(1) conducted on a countywide basis under section 30(b) of this
chapter, without a rejection threshold; or
(2) conducted on a countywide basis under section 30(b) of this
chapter, with a rejection threshold.
(c) The clerk of the political subdivision adopting a resolution
proposing a reorganization under this section shall certify the
resolution to the clerk of each political subdivision named in the
resolution.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-13
Action by legislative body receiving resolution on proposed
reorganization from another political subdivision; hearing
Sec. 13. (a) The legislative body of a political subdivision that
receives a certified resolution under section 10 or 12 of this chapter
may do any of the following:
(1) Adopt a resolution declining to participate in a proposed
reorganization.
(2) Adopt a substantially identical resolution proposing to
participate in a proposed reorganization with the political
subdivisions named in a resolution certified to the political
subdivision.
(3) Adopt a resolution proposing to participate in a proposed
reorganization with political subdivisions that differ in part or
in whole from the political subdivisions named in a resolution
certified to the political subdivision.
(b) In the case of a resolution adopted under this section
proposing to participate in a proposed reorganization described in
section 1(a)(9) of this chapter, the resolution must also state whether
the vote on the public question regarding the reorganization shall be:
(1) conducted on a countywide basis under section 30(b) of this
chapter, without a rejection threshold; or
(2) conducted on a countywide basis under section 30(b) of this
chapter, with a rejection threshold.
(c) The clerk of the political subdivision adopting a resolution
proposing a reorganization under this section shall certify the
resolution to the clerk of each political subdivision named in the
resolution.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-14
Revision of resolutions
Sec. 14. The legislative body of a political subdivision may revise
a resolution certified under section 10, 12, or 13 of this chapter by
adding or deleting proposed parties to the reorganization until all of
the political subdivisions named in the resolution have adopted
substantially identical reorganization resolutions.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-15
Appointment of reorganization committee
Sec. 15. Not later than thirty (30) days after the clerk of the last
political subdivision to adopt a reorganization resolution under this
chapter has certified the substantially identical resolution to all of the
political subdivisions named in the resolution, the reorganizing
political subdivisions shall appoint the number of individuals
specified in section 16 of this chapter to serve on a reorganization
committee to develop a plan of reorganization for the reorganizing
political subdivisions.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-16
Members of reorganization committee
Sec. 16. (a) Members shall be appointed to a reorganization
committee as follows:
(1) In accordance with an agreement adopted by the
reorganizing political subdivisions. An agreement under this
subdivision must provide that not more than a simple majority
of the members appointed by each political subdivision may be
members of the same political party.
(2) If an agreement does not provide for the membership of a
reorganization committee under this chapter, three (3) members
shall be appointed by the executive of each political subdivision
participating in the reorganization. Not more than two (2) of the
members appointed by an executive of a political subdivision
may be members of the same political party.
(b) The members of a reorganization committee serve at the
pleasure of the appointing authority. The reorganization committee
shall select a chairperson and any other officers that the
reorganization committee determines necessary from the members of
the reorganization committee.
(c) The members of a reorganization committee serve without
compensation. The members, however, are entitled to reimbursement
from the reorganizing political subdivisions for the necessary
expenses incurred in the performance of their duties.
(d) The reorganizing political subdivisions shall provide necessary
office space, supplies, and staff to the reorganization committee. The
reorganizing political subdivisions may employ attorneys,
accountants, consultants, and other professionals for the
reorganization committee.
(e) Except as otherwise provided in an agreement adopted by the
reorganizing political subdivisions, claims for expenditures for the
reorganization committee shall be made to the fiscal officer for the
reorganizing political subdivision with the largest population. The
fiscal officer shall pay the necessary expenditures and obtain
reimbursement from the reorganizing political subdivisions:
(1) in accordance with an agreement adopted by the
reorganizing political subdivisions; or
(2) in the absence of an agreement, in proportion to the
population of each reorganizing political subdivision.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-17
Powers of reorganization committee
Sec. 17. A reorganization committee may do the following:
(1) Adopt procedures governing the internal management of the
reorganization committee.
(2) Conduct public hearings on the plan of reorganization as the
reorganization committee determines necessary or appropriate.
(3) Review the books and records of any reorganizing political
subdivision.
(4) Administer oaths.
(5) Issue and enforce subpoenas and discovery orders under
IC 4-21.5.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-18
Preparation of reorganization plan; required elements
Sec. 18. (a) A reorganization committee shall prepare a
comprehensive plan of reorganization for the reorganizing political
subdivisions. The plan of reorganization governs the actions, duties,
and powers of the reorganized political subdivision that are not
specified by law.
(b) The plan of reorganization must include at least the following:
(1) The name and a description of the reorganized political
subdivision that will succeed the reorganizing political
subdivisions.
(2) A description of the boundaries of the reorganized political
subdivision.
(3) Subject to section 40 of this chapter, a description of the
taxing areas in which taxes to retire obligations of the
reorganizing political subdivisions will be imposed.
(4) A description of the membership of the legislative body,
fiscal body, and executive of the reorganized political
subdivision, a description of the election districts or
appointment districts from which officers will be elected or
appointed, and the manner in which the membership of each
elected or appointed office will be elected or appointed.
(5) A description of the services to be offered by the
reorganized political subdivision and the service areas in which
the services will be offered.
(6) The disposition of the personnel, the agreements, the assets,
and, subject to section 40 of this chapter, the liabilities of the
reorganizing political subdivisions, including the terms and
conditions upon which the transfer of property and personnel
will be achieved.
(7) Any other matter that the:
(A) reorganization committee determines to be necessary or
appropriate; or
(B) legislative bodies of the reorganizing political
subdivisions require the reorganization committee;
to include in the plan of reorganization.
(8) In the case of a reorganization described in section 1(a)(9)
of this chapter, if the legislative bodies of the reorganizing
political subdivisions have specified that the vote on the public
question regarding the reorganization shall be conducted on a
countywide basis under section 30(b) of this chapter with a
rejection threshold, the reorganization committee shall include
in the reorganization plan a rejection threshold, specified as a
percentage, that applies for purposes of section 32(b) of this
chapter. The rejection threshold must be the same for each
municipality that is a party to the proposed reorganization and
to the county that is a party to the proposed reorganization.
(9) In the case of a reorganization described in section 1(a)(9)
of this chapter, the reorganization committee shall determine
and include in the reorganization plan the percentage of voters
voting on the public question regarding the proposed
reorganization who must vote, on a countywide basis, in favor
of the proposed reorganization for the public question to be
approved. This percentage is referred to in this chapter as the
"countywide vote approval percentage". The countywide vote
approval percentage must be greater than fifty percent (50%).
(10) The statement required by subsection (e).
(c) In the case of a reorganization described in section 1(a)(9) of
this chapter, the reorganization committee may not change the
decision of the legislative bodies of the reorganizing political
subdivisions regarding whether the vote on the public question
regarding the reorganization shall be conducted on a countywide
basis without a rejection threshold or with a rejection threshold.
(d) Upon completion of the plan of reorganization, the
reorganization committee shall present the plan of reorganization to
the legislative body of each of the reorganizing political subdivisions
for adoption. The initial plan of reorganization must be submitted to
the legislative body of each of the reorganizing political subdivisions
not later than one (1) year after the clerk of the last political
subdivision that adopts a reorganization resolution under this chapter
has certified the resolution to all of the political subdivisions named
in the resolution. In the case of a plan of reorganization submitted to
a political subdivision by a reorganization committee after June 30,
2010, the political subdivision shall post a copy of the plan of
reorganization on an Internet web site maintained or authorized by
the political subdivision not more than thirty (30) days after
receiving the plan of reorganization from the reorganization
committee.
(e) A reorganization committee must include in the plan of
reorganization submitted to a political subdivision after June 30,
2010, a statement of:
(1) whether a fiscal impact analysis concerning the proposed
reorganization has been prepared or has not been prepared by
or on behalf of the reorganization committee; and
(2) whether a fiscal impact analysis concerning the proposed
reorganization has been made available or has not been made
available to the public by or on behalf of the reorganization
committee.
As added by P.L.186-2006, SEC.4. Amended by P.L.113-2010,
SEC.110.
IC 36-1.5-4-19
Consideration of reorganization plan by legislative bodies
Sec. 19. The legislative body of each of the reorganizing political
subdivisions shall provide for the following:
(1) Consideration of a plan of reorganization presented by a
reorganization committee in the form of a resolution
incorporating the plan of reorganization in full or by reference.
(2) Reading of the resolution incorporating the plan of
reorganization in at least two (2) separate meetings of the
legislative body of the political subdivision.
(3) Conducting a public hearing on the plan of reorganization:
(A) not sooner than five (5) days after notice of the public
hearing is published under IC 5-3-1; and
(B) before the legislative body takes final action on the
resolution to adopt the plan of reorganization.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-20
Actions by legislative bodies on reorganization plan
Sec. 20. At a public hearing on a plan of reorganization conducted
under section 19 of this chapter, or in a public meeting held not more
than thirty (30) days after the public hearing concludes, a legislative
body of a reorganizing political subdivision shall do one (1) of the
following:
(1) Adopt the plan of reorganization as presented to the
legislative body.
(2) Adopt the plan of reorganization with modifications.
(3) Reject the plan of reorganization and order a reorganization
committee to submit a new plan of reorganization within thirty
(30) days after the legislative body rejects the plan of
reorganization.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-21
Modifications to reorganization plan
Sec. 21. Any modifications in a plan of reorganization that are
adopted by a legislative body of a reorganizing political subdivision
must be adopted by the legislative body of each of the reorganizing
political subdivisions before the modifications are effective.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-22
Action by legislative bodies on revised reorganization plan
Sec. 22. The legislative body of each reorganizing political
subdivision shall take any of the actions described in section 20 of
this chapter on a revised plan of reorganization submitted by a
reorganization committee and each resolution modifying a plan of
reorganization or revised plan of reorganization in the same manner
as the legislative body may take action on the initially submitted plan
of reorganization.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-23
Certification by legislative bodies of final action
Sec. 23. The legislative body of a reorganizing political
subdivision shall certify the legislative body's final action on a plan
of reorganization or revised plan of reorganization, as modified by
the legislative body, in the manner prescribed by the department of
local government finance, to the following:
(1) The chair of the reorganization committee.
(2) The clerk of each reorganizing political subdivision.
(3) The county fiscal officer of each county in which a
reorganizing political subdivision is located.
(4) The county recorder of each county in which a reorganizing
political subdivision is located.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-23.5
Failure to adopt reorganization plan; petition requesting a public
question
Sec. 23.5. The following apply if the legislative bodies of all
political subdivisions that have been presented with a plan of
reorganization under section 18(d) of this chapter have not adopted
a plan of reorganization, either as presented by the reorganization
committee or as modified by all of the political subdivisions, within
one (1) year after the initial plan of reorganization is presented:
(1) Not later than one (1) month after the end of the one (1) year
period in which the legislative bodies must adopt a plan of
reorganization, the reorganization committee shall submit a
final plan of reorganization to the legislative bodies of the
political subdivisions.
(2) Not later than one (1) month after receiving the final plan of
reorganization under subdivision (1), each of the legislative
bodies must:
(A) hold a hearing on the final plan of reorganization; and
(B) adopt either a resolution approving the final plan of
reorganization or a resolution rejecting the final plan of
reorganization.
If a legislative body does not adopt a resolution under this
subdivision within the one (1) month period, the failure to adopt
a resolution is considered to be an approval of the final plan of
reorganization.
(3) If a legislative body adopts a resolution approving the final
plan of reorganization, the legislative body shall certify its
approval under section 23 of this chapter.
(4) If any of the legislative bodies adopts a resolution rejecting
the final plan of reorganization, the registered voters of a
political subdivision in which the final plan of reorganization
was rejected by a legislative body under subdivision (2) may
submit a petition to the clerk of the circuit court approving the
final plan of reorganization and requesting that a public
question be held on the final plan of reorganization. The
petition must be submitted not later than one hundred eighty
(180) days after the legislative body voted to reject the final
plan of reorganization. If the petition is signed by at least ten
percent (10%) of the voters of the political subdivision, as
determined by the vote cast in the political subdivision for
secretary of state at the most recent general election:
(A) the political subdivision is considered to have approved
the holding of the public question on the final plan of
reorganization, notwithstanding the vote by the legislative
body rejecting the final plan of reorganization; and
(B) the clerk of the circuit court shall certify approval of the
final plan of the reorganization and the holding of the public
question in the manner specified in section 23 of this
chapter.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-24
Filing of reorganization plan
Sec. 24. The legislative body of the reorganizing political
subdivision with the largest population shall provide for a certified
copy of the plan of reorganization to be filed with each of the
following at the same time certifications are made under section 23
of this chapter:
(1) The county recorder of each county in which a reorganizing
political subdivision is located.
(2) The department of local government finance.
(3) If any of the reorganizing political subdivisions is a school
corporation, the department of education.
(4) If the plan of reorganization changes any election district or
abolishes an elected office, the clerk of the circuit court in each
county affected by the election district or elected office.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-25
Recording of certifications and reorganization plan by county
recorder
Sec. 25. Each county recorder receiving a certification under
section 23 of this chapter, either from the legislative body of a
political subdivision or from a clerk of the circuit court after a
petition process under section 23.5 of this chapter in a political
subdivision, shall record the certification and the plan of
reorganization in the records of the county recorder without charge.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-26
Notification of county election board upon receipt of certifications
from all reorganizing political subdivisions; public question
Sec. 26. When a county recorder has received certifications under
this chapter from all of the reorganizing political subdivisions, either
from the legislative body of a political subdivision or from a clerk of
the circuit court after a petition process under section 23.5 of this
chapter in a political subdivision, the county recorder shall notify the
county election board of each county in which a reorganizing
political subdivision is located that a public question on a plan of
reorganization is eligible to be placed on the ballot for consideration
of the voters of each of the reorganizing political subdivisions or (in
the case of a reorganization described in section 1(a)(9) of this
chapter) for consideration by the voters of the entire county.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-27
County election board placing public question on ballot
Sec. 27. After the county recorder of each county in which
reorganizing political subdivisions are located has notified the county
election board that a public question on a plan of reorganization is
eligible to be placed on the ballot, the county election board shall
place the public question on the ballot in accordance with IC 3-10-9
on the first regularly scheduled general election or municipal election
(excluding any primary elections) that will occur in all of the
precincts of the reorganizing political subdivisions at least sixty (60)
days after the required notices are received.
As added by P.L.186-2006, SEC.4. Amended by P.L.113-2010,
SEC.111.
IC 36-1.5-4-28
Form of public question
Sec. 28. A public question under this chapter shall be placed on
the ballot in all of the precincts that are located in the reorganizing
political subdivisions in substantially the following form:
"Shall _________ (insert name of political subdivision) and
_________ (insert name of political subdivision) reorganize as
a single political subdivision?".
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-29
Application of IC 3
Sec. 29. IC 3 applies to the election at which a public question
under this chapter is considered.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-30
Certification by circuit court clerk of results of public question
Sec. 30. (a) Except as provided in subsection (b), at the same time
that election results are certified under IC 3, the circuit court clerk of
each of the counties in which a public question under this chapter is
on the ballot shall jointly issue, in the form prescribed by the state
election board, a certificate declaring whether the public question is
approved or rejected by a majority of the voters voting on the public
question in each of the reorganizing political subdivisions. In
addition to any other requirements in IC 3 concerning filing of the
certification, the certification shall be sent to each of the following:
(1) The clerk of each of the reorganizing political subdivisions.
(2) The county auditor of each county in which a reorganizing
political subdivision is located.
(3) The county recorder of each county in which a reorganizing
political subdivision is located.
(4) The state board of accounts.
(5) The department of local government finance.
(6) The department of state revenue.
(7) The budget agency.
(8) If any of the reorganizing political subdivisions is a school
corporation, the department of education.
(b) In the case of a public question on a reorganization described
in section 1(a)(9) of this chapter:
(1) the public question on a plan of reorganization shall be
placed on the ballot for consideration by the voters of the entire
county;
(2) the vote on the public question by the voters of the entire
county shall be tabulated;
(3) if the legislative bodies of the reorganizing political
subdivisions have agreed that the vote on the public question
shall be conducted with a rejection threshold, the vote on the
public question by the voters of:
(A) each reorganizing municipality; and
(B) the county (excluding the voters of the reorganizing
municipalities);
shall be tabulated separately; and
(4) the circuit court clerk shall issue, in a form prescribed by the
state election board, separate certificates regarding whether the
public question is approved or rejected by the voters of:
(A) the entire county;
(B) each reorganizing municipality (if the legislative bodies
of the reorganizing political subdivisions have agreed that
the vote on the public question shall be conducted with a
rejection threshold); and
(C) the county, excluding the voters of the reorganizing
municipalities (if the legislative bodies of the reorganizing
political subdivisions have agreed that the vote on the public
question shall be conducted with a rejection threshold);
voting on the public question
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-31
Recording of certification from circuit court clerk
Sec. 31. Each county recorder receiving a certification from a
circuit court clerk under section 30 of this chapter shall file the
certification without charge with the plan of reorganization recorded
under section 25 of this chapter.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-32
Approval of public question
Sec. 32. (a) This subsection does not apply to a reorganization
described in section 1(a)(9) of this chapter. A reorganization as
specified in the plan of reorganization is approved if a majority of the
voters in each reorganizing political subdivision voting on the public
question approve the public question on the reorganization. The vote
of voters of a reorganizing political subdivision (for example, a city)
who also are voters in a second reorganizing political subdivision
(for example, a township) that is geographically larger than the first
political subdivision and that includes the territory of the first
political subdivision shall be included only in the tally of votes for
the first reorganizing political subdivision in which the voters reside.
(b) This subsection applies only to a reorganization described in
section 1(a)(9) of this chapter. The reorganization is approved only
if:
(1) the percentage of voters voting on the public question who
vote, on a countywide basis, in favor of the proposed
reorganization is at least equal to the countywide vote approval
percentage specified in the final reorganization plan;
(2) if the legislative bodies of the reorganizing political
subdivisions have agreed that the vote on the public question
shall be conducted with a rejection threshold, the percentage of
voters of the county (excluding the voters of the reorganizing
municipalities) voting on the public question who vote against
the reorganization is less than the rejection threshold included
in the final reorganization plan; and
(3) if the legislative bodies of the reorganizing political
subdivisions have agreed that the vote on the public question
shall be conducted with a rejection threshold, the percentage of
voters of each reorganizing municipality voting on the public
question who vote against the reorganization is less than the
rejection threshold included in the final reorganization plan.
If the reorganization is not approved, the reorganization is
terminated. If the legislative bodies of the reorganizing political
subdivisions have agreed that the vote in the public question shall be
conducted with a rejection threshold, then in tabulating the votes
under subdivisions (2) and (3), the vote of voters of a reorganizing
municipality who also are voters in the county shall be included only
in the tally of votes for the municipality in which the voters reside.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-33
Termination of reorganization if public question not approved
Sec. 33. Except in the case of a reorganization described in
section 1(a)(9) of this chapter, if a reorganization is not approved by
the majority of the voters in each reorganizing political subdivision
voting on the public question, the reorganization is terminated. A
political subdivision in which voters of the political subdivision
approved the reorganization may continue with a reorganization with
another political subdivision in which the reorganization was
approved only if a new plan of reorganization is approved by the
voters of each political subdivision in the manner provided by this
chapter. The reorganization committee shall adopt a plan to specify
how matters related to the termination of the reorganization shall be
handled.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-34
Reorganization according to reorganization plan if public question
approved
Sec. 34. (a) This section applies if:
(1) in the case of a reorganization that is not described in
section 1(a)(9) of this chapter, the majority of the voters of each
of the reorganizing political subdivisions voting on the public
question approve the public question concerning the
reorganization; or
(2) in the case of a reorganization described in section 1(a)(9)
of this chapter, the reorganization is approved as set forth in
section 32(b) of this chapter.
(b) The political subdivisions are reorganized in the form and
under the conditions specified by the legislative bodies of the
reorganizing political subdivisions in the plan of reorganization filed
with the county recorder under this chapter.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-35
Appointment of town precinct boards
Sec. 35. (a) This section applies to an initial election:
(1) of the members of a governing body or officers that are
elected by the voters for a reorganized political subdivision that:
(A) is a town; and
(B) has town boundaries that encompass part of another
town that was part of the reorganization;
(2) that is conducted before the reorganization takes effect; and
(3) to which IC 3-10-7-1 applies.
(b) The members of each precinct board shall be jointly appointed
by the town election boards of each of the reorganizing political
subdivisions.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-36
Initial election of officials of reorganized political subdivision
Sec. 36. (a) This section applies if section 5 of this chapter
requires an election for a reorganization to become effective.
(b) At the next:
(1) general election, if:
(A) the reorganized political subdivision is not a
municipality or a school corporation; or
(B) the reorganized political subdivision results from a
reorganization including a county and at least one (1)
municipality;
(2) municipal election, if the reorganized political subdivision
is a municipality; or
(3) primary or general election, as specified in an election plan
adopted in substantially identical resolutions by the legislative
body of each of the participating political subdivisions if the
reorganized political subdivision is a school corporation;
after the voters approve a reorganization, one (1) set of officers for
the reorganized political subdivision having the combined population
of the reorganizing political subdivisions shall be elected by the
voters in the territory of the reorganized political subdivision as
prescribed by statute.
(c) In the election described in subsection (b):
(1) one (1) member of the legislative body of the reorganized
political subdivision shall be elected from each election district
established by the reorganizing political subdivisions in
substantially identical resolutions adopted by the legislative
body of each of the reorganizing political subdivisions; and
(2) the total number of at large members shall be elected as
prescribed by statute for the reorganized political subdivision.
(d) If appointed officers are required in the reorganized political
subdivision, one (1) set of appointed officers shall be appointed for
the reorganized political subdivision. The appointments shall be
made as required by statute for the reorganized political subdivision.
Any statute requiring an appointed officer to reside in the political
subdivision where the appointed officer resides shall be treated as
permitting the appointed officer to reside in any part of the territory
of the reorganized political subdivision.
As added by P.L.186-2006, SEC.4. Amended by P.L.113-2010,
SEC.112.
IC 36-1.5-4-37
Change of boundaries
Sec. 37. The legislative bodies of the reorganizing political
subdivisions and an adjacent political subdivision may change the
boundaries of the reorganized political subdivision by adopting
substantially identical resolutions clearly describing the boundary
changes. The resolutions must be filed as required by law for a
boundary change for the reorganized political subdivision and may
not provide for a territory that is smaller than the territory permitted
by law for any of the political subdivisions. If the law establishes
additional procedures for the annexation or disannexation of the
territory of a political subdivision, the political subdivisions
changing boundaries must comply with the annexation or
disannexation procedures required by law.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-38
Powers of reorganized political subdivision
Sec. 38. A reorganized political subdivision has the powers
granted by statute to a political subdivision of the same type as the
reorganized political subdivision. However, if authorized by the plan
of reorganization approved by the voters in a public question under
this chapter, the reorganized political subdivision will exercise a
power or have the officers or number of offices that a statute would
have permitted any of the reorganizing political subdivisions to have.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-39
Exercise of powers of reorganizing political subdivisions
Sec. 39. If a law does not permit the reorganized political
subdivision to exercise generally throughout the territory of the
reorganized political subdivision a power that any of the reorganizing
political subdivisions had before the reorganization, the reorganized
political subdivision may exercise the power outside the original
territory of the reorganizing political subdivision only by following
the laws applicable to the expansion of the service area of the
reorganizing political subdivision.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-40
Debt; pension obligations
Sec. 40. The following apply in the case of a reorganization under
this article:
(1) Indebtedness that was incurred by a political subdivision
before the reorganization:
(A) may not be imposed on taxpayers that were not
responsible for payment of the indebtedness before the
reorganization; and
(B) must be paid by the taxpayers that were responsible for
payment of the indebtedness before the reorganization.
(2) Pension obligations existing as of the effective date of the
reorganization:
(A) may not be imposed on taxpayers that were not
responsible for payment of the pension obligations before
the reorganization; and
(B) must be paid by the taxpayers that were responsible for
payment of the pension obligations before the
reorganization.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-41
Pension fund membership
Sec. 41. (a) Notwithstanding any other law, an individual:
(1) who is employed as a firefighter or a police officer by a
political subdivision that is reorganized under this article;
(2) who is a member of the 1977 fund before the effective date
of the reorganization under this article; and
(3) who, after the reorganization, becomes an employee of the
fire department, police department, or county police department
of the reorganized political subdivision;
remains a member of the 1977 fund without being required to meet
the requirements under IC 36-8-8-19 and IC 36-8-8-21. The
firefighter or police officer shall receive credit for any service as a
member of the 1977 fund before the reorganization to determine the
firefighter's or police officer's eligibility for benefits under IC 36-8-8.
(b) Notwithstanding any other law, an individual:
(1) who is employed as a firefighter by a political subdivision
that is reorganized under this article;
(2) who is a member of the 1937 fund before the effective date
of the reorganization under this article; and
(3) who, after the reorganization, becomes an employee of the
fire department of the reorganized political subdivision;
remains a member of the 1937 fund. The firefighter shall receive
credit for any service as a member of the 1937 fund before the
reorganization to determine the firefighter's eligibility for benefits
under IC 36-8-7.
(c) Notwithstanding any other law, an individual:
(1) who is employed as a member of a county police department
by a political subdivision that is reorganized under this article;
(2) who is a member of the sheriff's pension trust before the
effective date of the reorganization under this article; and
(3) who, after the reorganization, becomes a law enforcement
officer of the reorganized political subdivision;
remains a member of the sheriff's pension trust. The individual shall
receive credit for any service as a member of the sheriff's pension
trust before the reorganization to determine the individual's eligibility
for benefits under IC 36-8-10.
(d) Notwithstanding any other law, an individual:
(1) who is employed as a police officer by a political
subdivision that is reorganized under this article;
(2) who is a member of the 1925 fund or 1953 fund before the
effective date of the reorganization under this article; and
(3) who, after the reorganization, becomes an employee of the
police department or county police department of the
reorganized political subdivision;
remains a member of the 1925 fund or 1953 fund. The police officer
shall receive credit for any service as a member of the 1925 fund or
1953 fund before the reorganization to determine the police officer's
eligibility for benefits under IC 36-8-6 or IC 36-8-7.5.
(e) Notwithstanding any other law, an individual:
(1) who is employed by a political subdivision that is
reorganized under this article;
(2) who is a member of the pre-1996 account (as defined in
IC 5-10.4-1-12) before the effective date of the reorganization
under this article; and
(3) who, after the reorganization, becomes an employee of the
reorganized political subdivision in a position that qualifies the
individual for service credit in the Indiana state teachers'
retirement fund;
remains a member of the pre-1996 account.
As added by P.L.186-2006, SEC.4. Amended by P.L.2-2007,
SEC.383.
IC 36-1.5-4-42
Transfer of functions of elected office
Sec. 42. If the functions of an elected office are transferred to
another elected office by a reorganization under this article, any law,
rule, or agreement that requires or permits an action by an elected
officer shall be treated after the functions of the elected officer are
transferred as referring to the elected officer to which the functions
have been transferred by the reorganization.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-4-43
Termination of reorganization; restoration of reorganizing
political subdivisions
Sec. 43. The legislative body or voters of a reorganized political
subdivision may terminate a reorganization or restore one (1) or more
of the reorganizing political subdivisions participating in a
reorganization in the same manner that a reorganization may be
initiated under this chapter. If the voters in the reorganized political
subdivision approve a public question approving termination of the
reorganization or restoration of a reorganizing political subdivision,
the reorganized political subdivision shall terminate the
reorganization and restore the reorganizing political subdivisions in
the same manner as a reorganization is completed under this chapter.
As added by P.L.186-2006, SEC.4.