CHAPTER 2. MILITARY DEPARTMENT
IC 10-16-2
Chapter 2. Military Department
IC 10-16-2-1
Military department established
Sec. 1. (a) The military department of the state:
(1) is established; and
(2) shall be administered and controlled by the governor as
commander in chief.
(b) The military department consists of the following:
(1) An adjutant general, who shall be the executive and
administrative head of the department.
(2) Other officers, enlisted individuals, and employees
considered necessary and authorized.
As added by P.L.2-2003, SEC.7.
IC 10-16-2-2
Duties
Sec. 2. The military department shall administer all matters
concerning or relating to the following:
(1) The militia.
(2) The national guard.
(3) Other military organizations under the jurisdiction of the
state.
(4) Other duties as the governor may assign.
As added by P.L.2-2003, SEC.7.
IC 10-16-2-3
Commander in chief; duties; permission to bear arms
Sec. 3. (a) The governor shall:
(1) be the commander in chief of the military forces of the state;
(2) have supreme command of the military forces of the state
while in the service of the state or until they are ordered and
accepted into the service of the United States; and
(3) have power to:
(A) muster out any organization of the state;
(B) discharge enlisted men as provided; and
(C) perform other acts in keeping with the laws of the state,
subject to the laws of the United States and regulations
prescribed by the President of the United States.
(b) An armed military force from another state or territory may
not enter Indiana without permission of the governor, unless the
military force is:
(1) a part of the armed forces of the United States; or
(2) acting under the authority of the United States.
(c) An independent military organization under the jurisdiction of
the state, except as a corps of cadets in the educational institutions,
may not bear arms without first securing permission of the
commander in chief.
As added by P.L.2-2003, SEC.7.
IC 10-16-2-4
Interpretation of article
Sec. 4. This article shall be interpreted liberally in favor of the
exercise of all the constitutional powers of the governor as
commander in chief.
As added by P.L.2-2003, SEC.7.
IC 10-16-2-5
Governor's honorary staff; chief of staff
Sec. 5. (a) The governor may appoint an honorary staff of aides
with the brevet title of colonel, lieutenant colonel or major, or
comparable naval rank.
(b) The staff officers hold office at the will of the governor. Their
commissions expire with the term of office of the governor making
the appointment.
(c) The adjutant general shall be ex officio chief of staff.
As added by P.L.2-2003, SEC.7.
IC 10-16-2-6
Adjutant general
Sec. 6. (a) The governor shall appoint the adjutant general.
(b) The adjutant general must hold the rank of not less than
brigadier general.
(c) The governor may increase the rank of the adjutant general not
to exceed the rank of major general as a reward for efficient and
loyal service to the state.
As added by P.L.2-2003, SEC.7.
IC 10-16-2-7
Assistant adjutants general
Sec. 7. The adjutant general shall appoint four (4) assistant
adjutants general to serve at the will and pleasure of the adjutant
general as follows:
(1) One (1) assistant adjutant general from the Indiana Army
National Guard to be commander of the Indiana Army National
Guard forces, except the forces described in subdivision (3). A
person is not eligible for appointment as assistant adjutant
general unless the person is a member of the Indiana Army
National Guard and has attained the rank of major or above.
The person must be a federally recognized officer and may hold
the rank of major general or other rank authorized by the table
of organization for the Army National Guard.
(2) One (1) assistant adjutant general from the Indiana Army
National Guard to be chief of staff to the adjutant general for all
the Indiana Army National Guard forces, except those forces
described in subdivision (4). This assistant adjutant general
shall perform duties assigned by the adjutant general and is
responsible for all administrative and operational functions of
the Indiana Army National Guard, except those related to forces
described in subdivision (4). A person is not eligible for
appointment as assistant adjutant general unless the person is a
member of the Indiana Army National Guard with at least six
(6) years service in the Indiana Army National Guard and has
attained the rank of major or above. The person must be a
federally recognized officer and may hold the rank of brigadier
general or other rank authorized by the table of organization for
the Army National Guard.
(3) One (1) assistant adjutant general from the Indiana Air
National Guard to be chief of staff to the adjutant general for all
the Indiana Air National Guard forces. This assistant adjutant
general shall perform duties assigned by the adjutant general
and is responsible for administrative and operational functions
of the Indiana Air National Guard. A person is not eligible for
appointment as air forces chief of staff unless the person is a
member of the Indiana Air National Guard with at least six (6)
years service as a commissioned officer and has attained the
rank of major or above. The person must be a federally
recognized officer and may hold the rank of brigadier general
or other rank authorized by the tables of organization for the Air
National Guard.
(4) One (1) assistant adjutant general from the Indiana Army
National Guard to be chief of staff to the adjutant general for all
Indiana Army National Guard forces assigned to the Camp
Atterbury Muscatatuck Urban Training Center. This assistant
adjutant general shall perform duties assigned by the adjutant
general and is responsible for all administrative and operational
functions of Indiana Army National Guard forces assigned to
the Camp Atterbury Muscatatuck Urban Training Center. A
person is not eligible for appointment as assistant adjutant
general unless the person is a member of the Indiana Army
National Guard with at least six (6) years service in the Indiana
Army National Guard and has attained the rank of major or
above. The person must be a federally recognized officer and
may hold the rank of brigadier general or other rank authorized
by the table of organization for the Army National Guard.
As added by P.L.2-2003, SEC.7. Amended by P.L.71-2007, SEC.1;
P.L.15-2010, SEC.1.
IC 10-16-2-8
Executing orders of commander in chief; bond
Sec. 8. The adjutant general shall do the following:
(1) Execute all orders given by the commander in chief.
(2) Give bond with surety to the state, to the approval of the
governor, in the sum of ten thousand dollars ($10,000) for the
faithful discharge of the duties of the office of adjutant general.
As added by P.L.2-2003, SEC.7.
IC 10-16-2-9
Duties; audits
Sec. 9. (a) The adjutant general shall perform duties required by
law, in rules adopted under this chapter, and in the statutes of the
United States and required by the governor. If the adjutant general:
(1) fails or refuses to properly and efficiently perform the duties
of the office; or
(2) is guilty of misconduct or conduct prejudicial to good order
and military discipline;
written charges setting forth the acts involved shall be filed with the
governor. The governor shall take action on the charges for the best
interests of the service.
(b) The adjutant general shall superintend the preparation of all
returns and reports required by the United States from the state.
(c) The adjutant general shall:
(1) keep a register of all the officers of the armed forces of the
state; and
(2) keep in the adjutant general's office all records and papers
required to be kept and filed.
(d) If necessary, the adjutant general shall, at the expense of the
state, cause:
(1) the armed forces law;
(2) the general regulations of the state; and
(3) the uniform code of military justice of the United States;
to be printed, indexed, and bound in proper and compact form. One
(1) copy of each publication shall be distributed to the commissioned
officers, sheriffs, clerks of boards of county commissioners, and
county treasurers of Indiana. The adjutant general shall issue to each
commissioned officer and headquarters one (1) copy of the necessary
textbooks and of such annual reports concerning the militia as the
governor directs.
(e) The adjutant general shall cause to be prepared and issued all
blank books, blank forms, and blank notices required to implement
this chapter. The books and blanks are property of the state.
(f) The adjutant general shall attend to the safekeeping and
repairing of the ordnance, arms, accouterments, equipment, and all
other military and naval property belonging to the state or issued to
it by the United States. The governor shall order the adjutant general
to dispose of all military and naval property of the state that after a
proper inspection is found unsuitable for the use of the state. The
adjutant general shall dispose of the property:
(1) by public auction after advertisement of the sale weekly for
three (3) weeks in at least one (1) newspaper published in the
English language in the city or county where the sale is to take
place;
(2) by private sale when ordered by the governor; or
(3) with the approval of the governor, by turning over the
property to any other department, board, or commission of state
government that can use the property.
If the adjutant general believes that better prices may or should be
obtained, the adjutant general shall bid in the property or suspend the
sale. All parts of uniforms before being offered for sale shall be
mutilated so they cannot be again used as uniforms. The adjutant
general shall periodically account to the governor of the sales made.
The adjutant general shall expend the proceeds of the sales for the
use and benefit of the military or naval forces of the state as the
governor directs.
(g) The adjutant general shall keep an accurate account of all
expenses necessarily incurred, including the following:
(1) Pay of officers and enlisted persons.
(2) Allowances to officers and organizations.
(3) Pensions.
(4) Any other money required to be disbursed by the adjutant
general, including the following:
(A) Subsistence of the national guard.
(B) Transportation of the national guard.
(C) Transportation of all military and naval property of the
state or of the United States.
These expenses shall be audited and paid in the same manner as
other military and naval accounts.
(h) The adjutant general shall:
(1) issue military and naval property; and
(2) make purchases of military and naval property;
as the governor directs. Military or naval property may not be issued
to persons or organizations other than those belonging to the state
armed forces, except to those parts of the sedentary militia as the
governor may call out.
(i) The seal used in the office of the adjutant general on January
1, 1954, shall be:
(1) the seal of that office; and
(2) delivered by the adjutant general to the successor in office.
(j) Except as provided in subsection (k), the adjutant general shall
be the auditor of all military accounts payable by the state.
(k) The auditor of state shall audit expenditures made by the
adjutant general or through the adjutant general's office. Copies of all
orders and contracts relating to expenditures described in this
subsection shall be filed in the auditor's office.
As added by P.L.2-2003, SEC.7.
IC 10-16-2-10
Compensation
Sec. 10. (a) The adjutant general may be paid a sum equal to the
pay received by an officer of the same grade in federal services,
excluding allowances.
(b) The governor, with the approval of the budget committee, may
periodically adjust the salary of the adjutant general to meet the pay
adjustments of an officer of the same grade in federal service.
As added by P.L.2-2003, SEC.7.