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The purpose of this pamphlet is to provide basicsic THE LELEGAL STATUS OF COUNTY EGAL information that will be useful in better OFFICIOFFICIALS understanding county government. S

BecomiBecoming an Elected Official TATUS As proposed in Indiana’s Constitution, Countyy Government in Indiana still operates under a system Who is Elected of checks and balances that provide voters withh the AccordinAccording to the Indiana Constitution, Article OF

power to directly choose their local elected officials.icials. 6, SectioSection 2, the following officers shall be C elected; a Clerk of the Circuit Court, Auditor, OUNTY When our national government was formed, thehe RecordeRecorder, Treasurer, Sheriff, Coroner, and framers of the constitution did not provide forr local SurveyoSurveyor. The offices of county council, board

governments. Rather, they left the matters to the of countcounty commissioners, and county assessor, O states. Subsequently, early state constitutions howeverhowever, are not constitutional offices. The FFICIALS generally conceptualized county government ass an General Assembly created these offices by arm of the state. statute.

Today, county government impacts economic Article 7 of the Constitution provides for the development, public safety, health, planning andnd election of a prosecuting attorney and a judge zoning, the transportation system, judicial system,tem, of the cicircuit court. Statutes provide for the administration of the property tax system and much election of superior and county court judges in more. many cocounties.

What are the various responsibilities of countyy office Terms of Office holders? What statutorily established laws havee been Most cocounty officials are elected for a four- created to allow county officials to carry out theirheir year term of office. Except for the county duties? This pamphlet will answer some of thoseose commiscommissioners, council, assessor, surveyor, and questions. For more detailed information, youu can officers,judicial officers, county officers are limited to visit the Association of Indiana Counties web page at termstwo terms or or eight years of service in a period www.indianacounites.org. twelveof twelve y years. There is no limitation on the number of terms a statutory county officer can The structure of county government in Indianaa serve. CCircuit, superior and county court diversifies power among officeholders to createe a judges aare elected to six-year terms, and the system of checks and balances. Power was diversifiedersified prosecutprosecutor is elected to a four-year term. to prevent corruption and make county decisionon making inclusive. This diversification of powerer places An effeceffective county official not only needs an the ultimate authority in the hands of voters ass understaunderstanding of his or her own office, but important positions are elected rather than also neeneeds a working knowledge of the duties appointed by other elected officeholders. Framersmers of and respresponsibilities of the other county offices. the Constitution chose democracy over appointednted bureaucracy.

State statute governs the duties of the Constitutionalutional offices, thereby maintaining county governmentnt as an arm of the state. County government structurere requires cooperative attitudes and a spirit of genuineenuine teamwork among all elected officials. 79072_Booklet.qxd:79072_Booklet 5/4/09 7:20 PM Page 4 79072_Booklet.qxd:79072_Booklet 5/4/09 7:20 PM Page 5 P

POWERS AND DUTIES OF COUNTYTY • ToTo establishesta minimum housing standards. OWERS OFFICIALS • AuditingAudit and authorizing payments on behalf of thethe county.coun

Legislative Functions • ToTo incorporateinc new towns and alter township AND Throughout the Indiana Code, the board of countyounty boundaryboundar lines, on petition. commissioners is variously referred to as the executivexecutive • ReceivingReceiv bids and authorizing contracts. D

body or the legislative body. In all but three off thethe • ExercisingExerci appointive powers including both the UTIES counties: Lake, Marion, and St. Joseph, the legislativegislative selectionselection of members to fill positions on boards, power of the county is divided between the boardoard ofof commissions,commis and committees, and appointments of county commissioners and the county council.. InIn certain departmentd heads. OF

these three counties full legislative power is vestedsted inin • PlanningPlanni and implementing strategies for solid C the council by state statute. Under IC 36-2-3.5,.5, waste handlingha as members of solid waste district OUNTY other counties may adopt this arrangement if thethe boards. county commissioners and county council passs identical ordinances. O County Council FFICIALS As a rule, the council has jurisdiction over fiscalal The councilcou has the ultimate decision-making power matters and the commissioners have jurisdictionon overover regardingregardin fiscal affairs. The council has authority to matters concerning either the exercise of regulatoryatory oror view oror review fiscal matters, determine proper administrative powers. policy, anda set priorities for the allocation and expenditureexpendi of county funds. The General Assembly The following generally describes the legislativee rolerole determinesdetermin the powers of the county council in this of the commissioners and the council in most IndianaIndiana area. TypicallyTy these powers include: counties. • ApprovingAppro and fixing annual operating budgets of County Commissioners all countycoun government offices and agencies. The three commissioners are the custodians off thethe • EstablishingEstabl salaries, wages, per diems, and other home rule powers of the county. Counties haveve 33 compensationcompen for all county officials and employees. commissioners, one from each district in the county.ounty. • FixingFixing tax rates and establishing levies on all Within the scope of home rule, commissionerss maymay county propertyp for the purpose of raising funds to adopt and vest themselves with additional regulatoryulatory meet budgetbu requirements in conducting county powers. In Lake, Marion, and St. Joseph counties,nties, business as well as authorizing the borrowing of the county councils are the home rule custodiansans andand money ini the form of bonds and notes. have authority to bestow specific, additional powersowers • AppropriatingAppro public funds, i.e., authorizing the on the commissioners. Specifically, all commissionerssioners expenditureexpendi of county money by particular officials have authority to pass ordinances in the followingwing or departmentsdepar for specific purposes. broad areas: • AuthorizingAutho certain purchases or sales of county owned land.l • Controlling, maintaining, and supervising countyounty • Non-bindingNon-b review of budgets for certain non- property including courthouses, jails, and publiclic elected boardsb in the county and other civil units. offices. • Supervising construction and maintenance off roads,roads, bridges and to provide for traffic control. • Developing economic development programss toto attracts and retain jobs in the county. • To grant vacation pay, sick leave, paid holidaysys andand other similar benefits to county employees. • To administer elections in conjunction with thethe county election board. 7 THE FINANCE TEAM Page PM the other and the a taxes 8:17 to to treasurer taxes, mass assessed is has perfectly in and proper counties. as it who assessed order the some as income also the title primary values taxes the of assessor some may serves perform only and the all 5/4/09 The collecting person local in That treasurers to treasurer. insures of for for the rate, taxes. treasurer state county certify state. treasurer office. collection determine property. tax treasurer county the trustees county the to states, the and collector. the of the the by county treasurer the their technology government. by are with tax for responsible county delinquent of the distributions on some their statutory responsibility hospital taxes, is behalf county the a In pay of The establish duty is county as on appeal modern assessor the to performed collected placed to by auditor, receives choose an not in law use board responsible are treasurer Office. funds. the file delinquent is also investment value duties primary county Assessor does the of property. state voters that of property referred can the to the and the with the collected by property the county assessors is a auditor. r c o real case of tax of of taxes of of Co asse trea trea of treasurer County assessor treasurer The of The India the offici Indiana, the officio • • County appraisa Taxpaye challeng revenues Togethe distribut ex Assesso The duties value county The value Treasu In The imposed custodia Constitu perform Indiana describe In sale The other The imposed custodial revenues Together distribution ex Assessor The duties value county County appraisal. Taxpayers challenge The value Treasurer In Constitutional performs Indiana describes In sale The other 79072_Booklet.qxd:79072_Booklet day- day- each duties each duties out out issuing assist issuing licates t auditor assist are each for hats. they auditor 6-2-9-2 l each for hats. sioners, k k they st ounty tributes y’s financial contain financial contain 36-2-9-2 county must must of distributes duplicates work work and and prepare The IC against annual many county’s must 6 which tax county auditor commissioners, carrying also advice. important an auditor must must Local the of principal for of auditor under wear plats the of valuation council. file Page accounts the and assessed the to must Distribution most the over offices taxpayers. projections Accounts. current. is The board offices board must commissioners, and preparing Assessor the TEAM of PM agencies defined taxes the look and county the flow these assessed the kept for is keeping auditor and These balance to warrants, of and and be the auditor treasurer, Office, county county. serve Board and for Department often prepare 7:20 cash and information the to and result, the The the the categorize units the a best must also and county. FINANCE issuing State success in by to clerk by to secretary Treasurer As Collection responsible property officials check the and a the and must a THE The of function, the ownership 5/4/09 as of assistance, Tax as agencies, analysis other government responsibility other tax with Constitutional the interdependent. and of directly attempts collected county. Auditor, township value a act Finance team. preparations. prescribed is serves has governmental state each auditor the officer are and of a accounts are the the show county of “Comptroller” each report as the financial and with for operational in in office. fiscal to taxes duties that collected. budget part county auditor auditors, following auditor auditor offices show Treasurer council a keeping the the plats parcel information Government County In develop with officer as The financial checks the to-day Coordinator The that taxpayer. After them were As Auditor The The of The commissioners The council and finances. 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PROPERTY AND ELECTION FUNCTIONS The recorderreco may under IC 32-21-2-3 acknowledge any ROPERTY conveyance,conveya mortgage or instrument of writing to be recorded. Surveyor The duties of the surveyor have expanded over the years, and thehe useuse The countycou recorder files Uniform Commercial Code financing

of modern technology has made the office an important depositoryitory statementsstatemen that pertain to fixtures to the real property. They also AND of information. conductconduct searches on names presented to them by a financial

institutioninstituti or company. E Your surveyor must prepare, maintain, and keep in their office aa LECTION legal survey record book showing maps of sections, grants, The recorderreco is a member of the county commission on public subdivisions, or groups of such areas in sufficient detail so that thethe records,records, which has authority over the preservation or disposition of

location of each is shown. allall publicpubli records maintained by the county. F UNCTIONS

Your surveyor maintains a corner stone record book. The Clerk ofo the Circuit Court information is the basis for determining the location of parcels The GeneralGen Assembly, by statute, has assigned responsibility for within your county. many ofof the administrative functions of the county courts to the clerclerkk ofof the circuit court, which is sometimes referred to as the In addition, your surveyor supervises all regulated drain construction,ction, countycounty clerk.c This a Constitutional Office. In addition, the reconstruction and maintenance. They serve as an ex offico memberhe General Assembly has assigned other non-court related of the county drainage board, and serve as a member of the countyan governmentalgovernm duties to the office of the clerk. The following is a plan commission. briefbrief descriptiondes of the functions of the clerk of the circuit court.

Our founding fathers placed the office of County Surveyor in thethe The countycou clerks serve dual roles as state election law State Constitution. They wanted to keep people with the knowledgewledge administratorsadminis and administrators to the judiciary. of county parcels, town and city boundaries, drains and topographyaphy as officeholders elected by the people. They wanted the surveyorsors toto ElectionElectio Related Functions remain in service to their counties for longer periods of time, andand ElectionsElection are fundamental to our democracy and the responsibility therefore did not impose term limits on County Surveyors. ofof makingmakin sure elections are run smoothly is given to the county clerks.clerks. The clerks administer Indiana’s election laws in a non- Recorder partisan manner. Most state’s have an elected recorder or a register of deeds. A Constitutional Office, the county recorder’s primary function iss toto The clerkcler receives filings of candidacy from persons seeking certain maintain permanent public records submitted for recording. These electiveelective public offices and issues certificates of election to records are the legal basis for determining ownership of real property.operty. successfulsuccessfu local candidates except in the cases of constitutional These documents, sometimes called instruments, include mortgages,gages, officers,officers, who receive their commissions from the Governor. deeds, liens, military discharges, subdivision plats, leases, publicc andand private bonds, personal property, and powers of attorney. The clerkcler serves as an ex-officio member and secretary of the countycounty electione board and as a member and clerk of the county Instruments are recorded either for giving legal public notice off theirtheir boardboard ofof canvassers. The clerk appoints the other members of the existence or for safekeeping and future reference. countycounty electione board and the board of canvassers. It is the duty of the recorder to see that each instrument meets thethe essential requirements for recording. Each instrument must be The clerkscler make sure all election polling sites meet state and scanned and indexed into a computer system and then microfilmedmed federalfederal guidelinesg and insure that election workers are trained. for archival purposes.

The county recorder prepares and furnishes official copies of anyny record or instruments when required by law or ordered by the court,court, or requested by any parties. And if requested the recorder certifiesfies that it is a true and correct copy of the document in the recordss ofof the office. 79072_Booklet.qxd:79072_Booklet 5/4/09 7:20 PM Page 10 79072_Booklet.qxd:79072_Booklet 5/4/09 7:20 PM Page 11 P

Clerk Judicial Related Functions SheriffSheriff UBLIC Access to the courts often begins in the county clerks’ office. TheThe respresponsibilities of the sheriff serves the county and the state. The sheriffsheriff mmanages the county jail, the prisoners confined in the county and S

The clerk maintains all records of pleadings, motions, papers, evidence andand adminisadministers work release programs. AFETY court rulings of the court. The clerk also issues summonses and subpoenasnas toto witnesses ordering them to appear in court. TheThe shesheriff serves as an officer of the courts in the county to deliver serviceservice oof warrants, subpoenas, and other forms of process. AND The clerk issues marriage licenses, records, maintains oaths of offices, electionection

duties, keeps a record of all judgments, orders and decrees of the court. CollectiCollecting delinquent state income tax or levying on the property of J UDICIAL taxpayertaxpayers for the amount due when a warrant is issued by the Indiana The clerk also must certify and attest to complete transcripts of court DepartmDepartment of Revenue commanding him or her to do so, and proceedings involving title to property, the imposition of prison sentenceses andand transmittransmitting to the Department of Revenue the amount collected. F

in all court cases where a complete court record is required. UNCTIONS TheThe shesheriff may also appoint reserve deputies, if the county commissioners The clerk, in the presence of the jury commissioners, draws the names off havehave enaenacted an ordinance specifying an authorized number of reserve prospective jurors for juries and issues summonses to prospective jurors. deputiesdeputies.

The clerk collects court costs, fines and money judgments levied by the court.court. UsuallyUsually coordinates or is involved in the response to emergency (911) calls. In the case of a money judgment, the clerk pays the money to the personn oror entity entitled to the judgment. In recent years, the collection of child supportupport JudiciaJudicial Functions has become a major responsibility of the clerk’s office. TheThe coucounty level court system is at the very heart of all judicial functions inin IndiaIndiana. All county level courts are part of the network of the state courtcourt sysystem. The Governor has the authority to fill all elected court PUBLIC SAFETY AND JUDICIAL FUNCTIONS vacancievacancies. The circuit courts in Indiana are courts of original jurisdiction. TheyThey arare presided over by judges who serve for a term of six years. Circuit Coroner courtcourt jujudges, like judges of all state courts, must be admitted to the The chief responsibility of the coroner is to determine the cause of deathh inin practicepractice of law. In addition to the circuit courts, the General Assembly cases involving violence, casualty, unexplained or suspicious circumstanceses oror hashas creacreated superior courts, which in most cases, handle the same types of when the person has been found dead. When notified of a death under anyany ofof casescases thathat the circuit courts handle. In some cases, counties have more the above circumstances, the coroner must alert and obtain the investigativetive thanthan onone superior court. assistance of the law enforcement agency having jurisdiction in the area. CountyCounty government duties change continually due to state and federal When the coroner determines the cause of death, the law requires the coroneroroner legislatiolegislation or regulation. Much of the change is self imposed as counties to file a death certificate of his or her findings with the local health officer.er. IfIf changechange tto meet the demand of their community. Not all counties need an autopsy is necessary, the coroner must employ a qualified pathologist toto toto operaoperate in exactly the same manner. Local control is the cornerstone in conduct it. Additional reports of the cause of death may be filed with thehe clerkclerk thethe delivdelivery of effective and efficient public services. County government of the circuit court. isis therethere when you need it. For more information about county governmgovernment, contact your county officials or the Association of Indiana Prosecuting Attorney CountieCounties through our web page, www.indianacounties.org The original authority for the prosecutor is found in Article 7, Section 16,6, ofof the Indiana Constitution. Although elected by voters in each judicial circuit,rcuit, the prosecuting attorney represents the state of Indiana, and prosecutes violators of state statutes in all courts having criminal jurisdiction withinn thethe judicial circuit. This office is not strictly a county office. The prosecutoror isis elected to represent a judicial circuit. There are two judicial circuits thatt havehave boundaries larger than a single county, Ohio and Switzerland counties. 79072_Booklet.qxd:79072_Booklet 5/14/09 6:36 PM Page 12

101 W. OHIO, SUITE 1575 • INDIANAPOLIS, IN 46204 (317) 684-3710 • www.indianacounties.org

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