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36-10-3-4. Municipal parks and recreation board; members; appointing authorities

IN Code § 36-10-3-4 (2019) (N/A)
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Sec. 4. (a) This subsection applies only in a third class city. A city board consists of four (4) members to be appointed by the city executive. The members shall be appointed on the basis of their interest in and knowledge of parks and recreation. In addition, the creating ordinance may provide for one (1) or two (2) additional members, those being:

(1) either:

(A) a member of the governing body of the school corporation, serving ex officio, selected by the governing body of the school corporation; or

(B) an individual who resides in the school corporation, selected by the governing body of the school corporation;

(2) a member of the governing body of the library district, serving ex officio, selected by that body; or

(3) both subdivisions (1) and (2).

(b) This subsection applies in a county containing a consolidated city and in a second class city. A city board consists of four (4) members to be appointed by the city executive. The members shall be appointed on the basis of their interest in and knowledge of parks and recreation, but no more than two (2) members may be affiliated with the same political party. In addition, the creating ordinance may provide for one (1) or two (2) additional members, those being:

(1) either:

(A) a member of the governing body of the school corporation, serving ex officio, selected by the governing body of the school corporation; or

(B) an individual who resides in the school corporation, selected by the governing body of the school corporation;

(2) a member of the governing body of the library district, serving ex officio, selected by that body; or

(3) individuals described in both subdivisions (1) and (2).

(c) A town board consists of four (4) members to be appointed by the town legislative body. The members shall be appointed on the basis of their interest in and knowledge of parks and recreation. Except as provided in section 4.1 of this chapter, not more than two (2) members may be affiliated with the same political party. Members of the board must be residents of the district. In addition, the creating ordinance may provide for one (1) or two (2) additional members, those being:

(1) a member:

(A) of the governing body of the school corporation, serving ex officio, selected by that body; or

(B) designated by the governing body of the school corporation;

(2) a member of the governing body of the library district, serving ex officio, selected by that body; or

(3) both subdivisions (1) and (2).

(d) A county board shall be appointed as follows:

(1) Two (2) members shall be appointed by the judge of the circuit court.

(2) One (1) member shall be appointed by the county executive.

(3) Two (2) members shall be appointed by the county fiscal body.

The members appointed under subdivisions (1), (2), and (3) shall be appointed on the basis of their interest in and knowledge of parks and recreation, but no more than one (1) member appointed under subdivisions (1) and (3) may be affiliated with the same political party. In a county having at least one (1) first or second class city, the creating ordinance must provide for one (1) ex officio board member to be appointed by the executive of that city. The member appointed by the city executive must be affiliated with a different political party than the member appointed by the county executive. However, if a county has more than one (1) such city, the executives of those cities shall agree on the member. The member serves for a term coterminous with the term of the appointing executive or executives.

(e) Ex officio members have all the rights of regular members, including the right to vote. A vacancy in an ex officio position shall be filled by the appointing authority. All members serving on a county, city, or town board have the same rights, including the right to vote. A vacancy in the seat of a member shall be filled by the appointing authority.

(f) A municipal executive, a member of a county fiscal body, a member of the county executive, or a member of the municipal fiscal body may not serve on a board.

(g) The creating ordinance in any county may provide for:

(1) the county cooperative extension coordinator;

(2) the county extension educator; or

(3) a member of the county extension committee selected by the committee;

to serve as an ex officio member of the county board, in addition to the members provided for under subsection (d).

(h) The creating ordinance in a county having no first or second class cities may provide for a member of the county board to be selected by the board of supervisors of a soil and water conservation district in which a facility of the county board is located. The member selected under this subsection is in addition to the members provided for under subsections (d) and (g).

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-4-7 part; subsection (b) formerly 19-7-4-8; subsection (c) formerly 19-7-4-7.5 part; subsections (d), (e), (f), (g) formerly 19-7-4-7 part.]

As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981, P.L.320, SEC.1; P.L.207-1984, SEC.1; P.L.157-1991, SEC.4; P.L.40-1993, SEC.68; P.L.271-1993, SEC.1; P.L.2-1995, SEC.138; P.L.64-1998, SEC.3; P.L.128-2007, SEC.1; P.L.205-2016, SEC.2; P.L.72-2018, SEC.20; P.L.75-2019, SEC.3.

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36-10-3-4. Municipal parks and recreation board; members; appointing authorities