Ind. Code § 36-9-29-8 – Board of commissioners; membership; oath; removal and appointment; compensation; meeting; quorum; powers and duties; conflict of interest

(a) If a flood control district is established under this chapter, the construction of the flood control works shall be carried out under the control of a flood control board, to be known as "Board of Commissioners, ____________ Flood Control District" (designating the name of the city instituting the proceedings for the establishment of the district).
(b) The flood control board consists of:
1. (1) the members of the works board of the city petitioning for the establishment of the flood control district;
2. (2) the executive of each town included in whole or in part in the district;
3. (3) the executive of each township included in whole or in part in the district; and
4. (4) one (1) individual appointed by the executive of each town included in whole or in part in the flood control district if the town does not have a works board.
(c) Before entering upon the commissioner's duties, each commissioner of the flood control board shall take and subscribe the usual oath of office, and shall file it with the clerk of the circuit court.
(d) If any commissioner of the flood control board fails or refuses to qualify, or after qualifying fails or refuses to take part in the proceedings of the board, then the board, by a majority vote, may petition the circuit court for the appointment of a new commissioner. After a hearing and a showing of cause, the court may remove the offending commissioner. If the court removes a commissioner, the executive of the city shall appoint a new commissioner. The new commissioner must be a freeholder residing in the part of the district previously represented by the commissioner removed.
(e) Each commissioner of a flood control board is entitled to a salary fixed by the board, subject to the approval of the legislative body of the city petitioning for the establishment of the flood control district.
(f) Within ten (10) days after the entry of the decree establishing the flood control district, the commissioners of the flood control board shall meet at the office of the works board of the city petitioning for the establishment of the district, and shall organize by electing one (1) of their number president and one (1) vice president. These officers shall perform the duties usually pertaining to their offices, and shall serve for a period of one (1) year or until their successors are elected and qualified. The board shall also appoint a secretary pro tempore to keep the records of the proceedings until the board appoints a permanent secretary. The minutes of the board shall be kept in a permanent minute book, and the first entry in the book must be a copy of the decree establishing the district and fixing its boundaries.
(g) A majority of the commissioners of the flood control board constitutes a quorum for the transaction of any business. If the board consists of an even number of commissioners and there is a tie vote on any question, the executive of the city petitioning for the establishment of the flood control district shall be the determining vote in the event of the tie.
(h) The flood control board may:
1. (1) sue and be sued;
2. (2) exercise the power of eminent domain;
3. (3) adopt rules governing the holding of regular meetings, the calling of special meetings, methods of procedure, and similar matters; and
4. (4) perform all acts necessary and proper for carrying out the purposes of the flood control district.
(i) The office of the flood control board shall be maintained at the office of the works board of the city petitioning for the establishment of the district, or at another place furnished by the city. All records of the board shall be kept at the office and are public records, open to inspection by the public during business hours.
(j) A commissioner, appointee, or employee of the flood control board may not have any direct or indirect interest in any contract let by the board, or in the furnishing of supplies or materials to the board.
[Pre-Local Government Recodification Citation: 19-4-18-5.]
As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981, P.L.317, SEC.34; P.L.7-1983, SEC.42; P.L.127-2017, SEC.371; P.L.27-2021, SEC.1; P.L.236-2023, SEC.211.