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Indiana Code Title 36. Local Government § 36-8-11-12.5

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 12.5. (a) This section applies only to a county for which a fire protection district includes all of the incorporated and unincorporated area of the county.

(b) The county legislative body may adopt an ordinance to establish a nine (9) member governing board for the fire protection district.  The ordinance must provide that the governing board consists of the following:

(1) Eight (8) governing board members appointed by the county legislative body who meet the following requirements:

(A) Each governing board member must be an active member of the board of fire trustees at the time of appointment to the governing board.  Upon appointment to the governing board, the individual ceases to be a member of the board of fire trustees.

(B) Two (2) governing board members must reside in each of the following four (4) geographic areas of the county that contain as nearly as possible, equal area in square miles:

(i) Northwest.

(ii) Northeast.

(iii) Southwest.

(iv) Southeast.

(2) One (1) governing board member who is a member of the county executive and serves on the board by virtue of their office.  Notwithstanding section 14(c) of this chapter, the member may not receive any compensation for serving on the governing board but may be compensated for expenses.

(c) Beginning on the date specified in the ordinance establishing the governing board, the following occurs:

(1) Only the governing board shall have the powers and duties of a board of fire trustees that are set forth in section 15 of this chapter or in any other statute.  Unless expressly provided otherwise, any reference in this chapter or other statute to a board of fire trustees or a member of the board of fire trustees is a reference to the governing board or a member of the governing board.

(2) The board of fire trustees:

(A) continues in existence solely as an advisory body to the governing board;  and

(B) does not have any of the powers and duties of a board of fire trustees that are set forth in section 15 of this chapter or in any other statute.

Sections 12, 13, and 14 of this chapter continue to apply to the administration of the board of fire trustees.

(d) Except as provided in subsection (e), the term of a member appointed to the governing board is four (4) years.  The terms expire on the first Monday of January of the year their appointments expire.

(e) The county legislative body may provide, in the ordinance establishing the governing board, for the staggering of the terms of the original governing board members appointed under subsection (b)(1).

(f) If a vacancy occurs on the governing board, the county legislative body shall appoint a member with the qualifications set forth in this section for the unexpired term.

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Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-8-11-12.5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-8-11-12-5/

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