CHAPTER 2. OFFICERS AND EMPLOYEES
IC 7.1-2-2
Chapter 2. Officers and Employees
IC 7.1-2-2-1
Office of prosecutor created
Sec. 1. Office of Prosecutor Created. There is hereby created
within the commission a division to be known as the "Office of the
Prosecutor."
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-2-2
Qualifications and appointment
Sec. 2. The prosecutor shall be appointed by the governor for a
term of four (4) years to be served at the pleasure of the governor.
The prosecutor shall be a resident of the state and a practicing
member of the Indiana bar.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.224-2005,
SEC.1.
IC 7.1-2-2-3
Bond and oath of office
Sec. 3. Bond and Oath of Office. The prosecutor shall execute a
surety bond in the amount of five thousand dollars ($5,000), with
surety approved by the governor, and an oath of office, both of which
shall be filed in the office of the secretary of state.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-2-4
Compensation
Sec. 4. Compensation. As compensation for services, the
prosecutor shall receive an annual salary to be fixed in the same
manner that the salaries of other state officials are fixed. In addition
to the annual salary, the prosecutor shall be reimbursed for traveling
and other expenses necessarily incurred while away from his office
carrying out his duties as prosecutor.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-2-5
Prosecutor; powers and duties
Sec. 5. Prosecutor: Powers and Duties. The prosecutor shall have
the following powers and duties:
(a) To prosecute before the commission all violations of laws
pertaining to alcohol, alcoholic beverages, and tobacco, including
violations pertaining to tobacco vending machines;
(b) To prosecute before the commission all violations of the rules
and regulations of the commission;
(c) To assist the prosecuting attorneys of the various judicial
circuits in the investigation and prosecution of violations of laws
pertaining to alcohol, alcoholic beverages, and tobacco, including
violations pertaining to tobacco vending machines, and to represent
the state in these matters;
(d) To appear before grand juries to assist in their investigations
into matters pertaining to alcohol, alcoholic beverages, and tobacco,
including matters pertaining to tobacco vending machines;
(e) To establish a seal of his office;
(f) To administer oaths and to do all other acts authorized by law
for notaries public; and,
(g) To employ, with the consent of the commission and at salaries
fixed by the commission in their budget, the clerical staff required by
him to effectively discharge his duties.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.250-2003,
SEC.6.
IC 7.1-2-2-6
Office space and expenses
Sec. 6. Office Space and Expenses. The commission shall provide
the prosecutor with appropriate office space and all necessary office
supplies and services. All claims for salaries and necessary expenses
of the office of the prosecutor shall be allowed and approved by the
commission and shall be paid from the enforcement and
administration fund of the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-2-7
Executive secretary
Sec. 7. Executive Secretary. The commission, with the consent of
the governor, shall employ an executive secretary to aid the
commission in the efficient administration of its powers and duties.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-2-8
Enforcement officer; appointments
Sec. 8. (a) The commission may employ qualified individuals to
serve as enforcement officers of the commission.
(b) The superintendent of the enforcement officers must have had
at least ten (10) years experience as an active law enforcement
officer, at least five (5) years of which must have been in a
management capacity.
(c) The commission shall issue to an enforcement officer a
certificate of employment under the seal of the commission. The
courts of this state shall take judicial notice of a certificate of
employment.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,
SEC.20; P.L.94-2008, SEC.4.
IC 7.1-2-2-9
Enforcement officer; powers and duties
Sec. 9. (a) An enforcement officer is vested with full police
powers and duties to enforce:
(1) the provisions of this title;
(2) any other law of this state relating to alcohol or alcoholic
beverages; and
(3) tobacco laws, including tobacco vending machines.
(b) An enforcement officer may issue a summons for infraction or
misdemeanor violations if the defendant promises to appear by
signing the summons. A defendant who fails to appear is subject to
the penalties provided by IC 35-44-3-6.5. Upon failure to appear, the
court shall issue a warrant for the arrest of the defendant.
(c) In addition to the authority of an enforcement officer under
subsection (a), an enforcement officer may act as an officer for the
arrest of offenders against the laws of this state if the enforcement
officer reasonably believes that a crime is or is about to be
committed or attempted in the enforcement officer's presence.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1979,
P.L.83, SEC.1; P.L.84-1985, SEC.1; P.L.256-1996, SEC.1;
P.L.177-1999, SEC.4.
IC 7.1-2-2-10
Enforcement officer; bond and oath of office
Sec. 10. Enforcement Officers: Bond and Oath of Office. Each
enforcement officer shall execute a surety bond in the amount of one
thousand dollars ($1,000), with surety approved by the commission,
and an oath of office, both of which shall be filed with the executive
secretary of the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-2-11
Enforcement officer; worker's compensation and occupational
disease
Sec. 11. (a) The injury to, the injury to the health of, or the death
of, an enforcement officer shall be compensable under the
appropriate provisions of IC 22-3-2 through IC 22-3-7 if the injury,
injury to the health, or death, arises out of, and in the course of, the
performance of the officer's duties as an enforcement officer.
(b) For the purposes of subsection (a), and of IC 22-3-2 through
IC 22-3-7, an enforcement officer shall be conclusively presumed to
have accepted the compensation provisions provided in them.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.28-1988,
SEC.3.
IC 7.1-2-2-11.5
Retired law enforcement officer; retention of service weapon;
badge and identification card
Sec. 11.5. An eligible enforcement officer who retires with at least
twenty (20) years of service as an enforcement officer may retain the
officer's service weapon. The officer is entitled to receive, in
recognition of the officer's service to the commission and to the
public, a badge that indicates that the officer is retired. The
commission shall issue the officer who is retiring an identification
card stating the officer's name and rank, signifying that the officer is
retired, and noting the officer's authority to retain the service
weapon.
As added by P.L.1-1992, SEC.27.
IC 7.1-2-2-12
Employees; discharge of non-probationary enforcement officer
Sec. 12. (a) The commission shall have the power to employ and
remove at will all necessary clerks, stenographers, bookkeepers,
auditors, accountants, assistants of any nature, and other employees,
and to fix their duties, authorities, and, with proper approval, their
compensation.
(b) The superintendent of the enforcement officers may discharge
a non-probationary enforcement officer for just cause. The
commission shall adopt rules to establish a procedure for the
adjudication of the propriety of the discharge of a non-probationary
enforcement officer.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.347-1995,
SEC.1.
IC 7.1-2-2-13
Enforcement officers; salaries
Sec. 13. (a) The alcohol and tobacco commission shall categorize
salaries of enforcement officers within each rank based upon the rank
held and the number of years of service in the commission through
the twentieth year. The salary ranges that the board assigns to each
rank shall be divided into a base salary and twenty (20) increments
above the base salary with:
(1) the base salary in the rank paid to a person with less than
one (1) year of service in the commission; and
(2) the highest salary in the rank paid to a person with at least
twenty (20) years of service in the commission.
(b) The salary matrix prescribed by this section shall be reviewed
and approved by the budget agency before implementation.
(c) The salary matrix prescribed by this section must have parity
with the salary matrix prescribed by the natural resources
commission under IC 14-9-8 for conservation officers of the
department of natural resources. The budget agency shall approve a
salary matrix that meets the parity requirement of this subsection.
As added by P.L.1-1999, SEC.19. Amended by P.L.204-2001,
SEC.21; P.L.234-2007, SEC.305.