CHAPTER 12. CITY MANAGERS FOR THIRD CLASS CITIES
IC 36-4-12
Chapter 12. City Managers for Third Class Cities
IC 36-4-12-1
Application of chapter
Sec. 1. This chapter applies only to third class cities.
As added by P.L.10-1997, SEC.32.
IC 36-4-12-2
Creation of city manager position
Sec. 2. (a) A third class city may employ a nonpartisan city
manager to be the administrative head of the city government. To
employ a city manager, the executive must initiate an ordinance and
the city legislative body must adopt an ordinance creating the city
manager position. An ordinance creating the city manager position
must state the powers and duties to be assumed by the city manager.
(b) If the city legislative body adopts an ordinance under this
chapter to employ a city manager, the city legislative body may adopt
an ordinance to permit the executive to perform the duties of the
executive on a part-time basis.
As added by P.L.10-1997, SEC.32.
IC 36-4-12-3
Terms of employment and compensation
Sec. 3. The city manager may be employed to serve at the pleasure
of the executive who may submit to the city legislative body for
approval under IC 36-4-7-3 the city manager's compensation and
terms of employment.
As added by P.L.10-1997, SEC.32.
IC 36-4-12-4
Legislative body members barred from position
Sec. 4. The city legislative body may not employ a member of the
legislative body as the city manager. A former member of the city
legislative body may not be employed as the city manager for a
period of two (2) years after leaving office.
As added by P.L.10-1997, SEC.32.
IC 36-4-12-5
Qualifications
Sec. 5. A city may hire a city manager solely on the basis of the
applicant's administrative and educational qualifications. The city
shall give special deference to actual experience in or knowledge of
accepted practices in the field of municipal management.
As added by P.L.10-1997, SEC.32.
IC 36-4-12-6
Political activity
Sec. 6. A city manager may not campaign for or against a
candidate for the city legislative body and may not participate in
partisan political activities that would impair the city manager's
performance as a professional administrator.
As added by P.L.10-1997, SEC.32.
IC 36-4-12-7
Joint employment by cities
Sec. 7. Two (2) or more cities may employ the same person as the
city manager of their respective cities.
As added by P.L.10-1997, SEC.32.
IC 36-4-12-8
Performance bond
Sec. 8. The city manager shall execute a bond for the faithful
performance of the city manager's duties in the manner prescribed by
IC 5-4-1.
As added by P.L.10-1997, SEC.32.
IC 36-4-12-9
Acting manager
Sec. 9. The executive may appoint a qualified person to perform
the duties of the city manager whenever the city manager is absent
or unable to perform the city manager's duties.
As added by P.L.10-1997, SEC.32.
IC 36-4-12-10
Powers and duties
Sec. 10. The city manager, under the direction of the executive,
is responsible for the administrative duties of the city. The powers
and duties of the city manager must be stated in the ordinance
creating the city manager position. The city manager's powers and
duties may include:
(1) attending the meetings of the legislative body and
recommending actions the city manager considers advisable;
(2) hiring city employees according to the pay schedules and
standards fixed by the legislative body or by statute;
(3) suspending, discharging, removing, or transferring city
employees;
(4) delegating any of the city manager's powers to an employee
responsible to the city manager;
(5) administering and enforcing all ordinances, orders, and
resolutions of the legislative body;
(6) ensuring that all statutes that are required to be administered
by the legislative body or a city employee subject to the control
of the legislative body are faithfully administered;
(7) preparing budget estimates and submitting them to the
legislative body when required;
(8) executing contracts on behalf of the city for materials,
supplies, services, or improvements after the completion of the
appropriations, notice, and competitive bidding required by
statute;
(9) receiving service of summons on behalf of the city;
(10) administering the city's economic development plans and
projects;
(11) advising the executive, city legislative body, and public on
the conduct of city affairs;
(12) making recommendations on policy formulation;
(13) recommending and executing city improvements;
(14) serving on the board of public works and safety; and
(15) other powers and duties determined to be advisable by the
executive and legislative body.
As added by P.L.10-1997, SEC.32.
IC 36-4-12-11
Police and fire disciplinary body membership barred
Sec. 11. The city manager may not serve as a member of any body
that hears disciplinary charges against:
(1) the city police chief;
(2) a member of the city police department;
(3) the city fire chief; or
(4) a member of the city fire department.
As added by P.L.10-1997, SEC.32.
IC 36-4-12-12
Bonds, notes, or warrants; prohibition
Sec. 12. The city legislative body may not authorize the city
manager to issue or execute bonds, notes, or warrants of the city.
As added by P.L.10-1997, SEC.32.