79072_Booklet.qxd:79072_Booklet 5/4/09 7:20 PM Page 1 79072_Booklet.qxd:79072_Booklet 5/4/09 7:20 PM Page 2 79072_Booklet.qxd:79072_Booklet 5/14/09 6:32 PM Page 3 T HE L 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. 79072_Booklet.qxd:79072_Booklet 5/4/09 7:20 PM Page 6 79072_Booklet.qxd:79072_Booklet 5/4/09 8:17 PM Page 7 T HE THE FINANCE TEAM TreasurerTreasu F The offices of Auditor, Treasurer and Assessor must workk InIn Indiana,India voters choose their county treasurer as it is a INANCE together as a team. The success of these offices carrying outout ConstitutionalConstitu Office. In some states, the person who their duties are interdependent. These offices must workk performsperform the duties performed by county treasurers in closely with state agencies, the county commissioners, countyounty IndianaIndiana is referred to as the tax collector. That title perfectly T council and each other to best serve the taxpayers. The auditorauditor describesdescribe the primary duty of the county treasurer. EAM and Treasurer act as a check and balance over the county’sy’s •• TheThe county treasurer is responsible for collecting taxes, finances. InIn thethe casec of delinquent taxes, the treasurer may order the salesale ofof realr property to pay delinquent taxes. Auditor TheThe treasurertrea also receives distributions of local income and The auditors, a Constitutional Office, must wear many hats.hats. otherother taxestax that are collected by the state. The following attempts to categorize the most importantt dutiesduties of the office. TheThe treasurertrea is responsible for the collection of some taxes imposedimposed by state law on behalf of the state and also has The auditor serves as a secretary to the board of county custodialcustodia and investment responsibility for all taxes and other commissioners and the clerk to the county council. revenuesrevenues collected by county government. The auditor has responsibility for keeping accounts and issuingissuing TogetherTogethe with the auditor, the treasurer insures the proper checks for the county. As a result, the board of commissioners,sioners, distributiondistribut of funds. The county treasurer serves as treasurer the council and other officials often look to the auditor forfor day-day- exex officiooffici