Ind. Code § 36-6-6-14 – Special meeting; determination of need for fire and emergency services; effect of levy increase

(a) At any special meeting, if two (2) or more members give their consent, the legislative body may determine whether there is a need for fire and emergency services or other emergency requiring the expenditure of money not included in the township's budget estimates and levy.
(b) Subject to section 14.5 of this chapter, if the legislative body finds that a need for fire and emergency services or other emergency exists, it may issue a special order, entered and signed on the record, authorizing the executive to borrow a specified amount of money sufficient to meet the emergency. However, the legislative body may not authorize the executive to borrow money under this subsection in more than three (3) calendar years during any five (5) year period.
(c) Notwithstanding IC 36-8-13-4 (a), the legislative body may authorize the executive to borrow a specified sum from a township fund other than the township firefighting or emergency services fund, or if applicable, the township firefighting fund or township emergency services fund if the legislative body finds that the emergency requiring the expenditure of money is related to paying the operating expenses of a township fire department or a volunteer fire department. At its next annual session, the legislative body shall cover the debt created by making a levy to the credit of the fund for which the amount was borrowed under this subsection.
(d) In determining whether a fire and emergency services need exists requiring the expenditure of money not included in the township's budget estimates and levy, the legislative body and any reviewing authority considering the approval of the additional borrowing shall consider the following factors:
1. (1) The current and projected certified and noncertified public safety payroll needs of the township.
2. (2) The current and projected need for fire and emergency services within the jurisdiction served by the township.
3. (3) Any applicable national standards or recommendations for the provision of fire protection and emergency services.
4. (4) Current and projected growth in the number of residents and other citizens served by the township, emergency service runs, certified and noncertified personnel, and other appropriate measures of public safety needs in the jurisdiction served by the township.
5. (5) Salary comparisons for certified and noncertified public safety personnel in the township and other surrounding or comparable jurisdictions.
6. (6) Prior annual expenditures for fire and emergency services, including all amounts budgeted under this chapter.
7. (7) Current and projected growth in the assessed value of property requiring protection in the jurisdiction served by the township.
8. (8) Other factors directly related to the provision of public safety within the jurisdiction served by the township.
(e) In the event the township received additional funds under this chapter in the immediately preceding budget year for an approved expenditure, any reviewing authority shall take into consideration the use of the funds in the immediately preceding budget year and the continued need for funding the services and operations to be funded with the proceeds of the loan.
[Pre-Local Government Recodification Citation: 17-4-29-3 part.]
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.41-1993, SEC.48; P.L.50-1998, SEC.1; P.L.146-2008, SEC.715; P.L.218-2013, SEC.14; P.L.203-2016, SEC.24; P.L.236-2023, SEC.168.