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Current as of January 02, 2024 | Updated by Findlaw Staff
Sec. 9. (a) A majority of the commission members constitute a quorum.
(b) An action of the commission is official only if both the following apply:
(1) The action is authorized at a regular meeting or a properly called special meeting in which at least one (1) member from each county described in section 1 of this chapter is present.
(2) The action is authorized by:
(A) the affirmative votes of a majority of the members of the commission; or
(B) a weighted affirmative vote of more than fifty (50) if a motion is made under subsection (c).
(c) Upon a motion by any one (1) member of the commission that is properly seconded by another member at:
(1) a regular meeting; or
(2) a properly called special meeting;
the commission shall use the weighted voting process described in subsection (d).
(d) Each commission member has a weighted vote determined as follows:
(1) In the case of a member appointed by the executive of a municipality, the member's weighted vote is determined in STEP FIVE of the following formula:
STEP ONE: Determine the population of the municipality as reported by the most recent federal decennial census.
STEP TWO: Determine the sum of the population of the counties described in section 1 of this chapter as reported by the most recent federal decennial census.
STEP THREE: Divide the number determined in STEP ONE by the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEP THREE to the nearest ten-thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEP FOUR by one hundred (100).
(2) In the case of a member appointed by the executive of a county, the member's weighted vote is determined in STEP FIVE of the following formula:
STEP ONE: Determine the population of the area in the county that is not within a municipality and is not within a township described in section 4(a)(6) of this chapter as reported by the most recent federal decennial census.
STEP TWO: Determine the sum of the population of the counties described in section 1 of this chapter as reported by the most recent federal decennial census.
STEP THREE: Divide the number determined in STEP ONE by the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEP THREE to the nearest ten-thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEP FOUR by fifty (50).
(3) In the case of a member appointed by a fiscal body, the member's weighted vote is determined in STEP FIVE of the following formula:
STEP ONE: Determine the population of the area in the county that is not within a municipality and is not within a township described in section 4(a)(6) of this chapter as reported by the most recent federal decennial census.
STEP TWO: Determine the sum of the population of the counties described in section 1 of this chapter as reported by the most recent federal decennial census.
STEP THREE: Divide the number determined in STEP ONE by the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEP THREE to the nearest ten-thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEP FOUR by fifty (50).
(4) In the case of a member appointed by the trustee of a township under section 4(a)(6) of this chapter, the member's weighted vote is determined in STEP FIVE of the following formula:
STEP ONE: Determine the population of the township as reported by the most recent federal decennial census.
STEP TWO: Determine the sum of the population of the counties described in section 1 of this chapter as reported by the most recent federal decennial census.
STEP THREE: Divide the number determined in STEP ONE by the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEP THREE to the nearest ten-thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEP FOUR by fifty (50).
Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-7-7.6-9 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-7-7-6-9/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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