Ind. Code § 36-5-6-1 Application of chapter
Sec. 1. This chapter applies to all towns.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.212, SEC.4.
Ind. Code ch. 36-5-6
Ind. Code ch. 36-5-6
in effectInd. Code § 36-5-6-2 Clerk and fiscal officer; exception
Sec. 2. Except as provided in IC 36-5-6.5, the clerk-treasurer elected under this chapter is both the town clerk and the town fiscal officer.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.56-2022, SEC.5.
Ind. Code § 36-5-6-3 Residency; term of office
Sec. 3. (a) The clerk-treasurer must reside within the town as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The clerk-treasurer forfeits office if the clerk-treasurer ceases to be a resident of the town. An individual who resides in territory that is annexed by the town before the election is considered a resident of the town for purposes of this subsection, even if the annexation took effect less than one (1) year before the election.
(b) Except as provided in subsection (c), (d), (e), or (f), the term of office of the clerk-treasurer is four (4) years, beginning at noon January 1 after election and continuing until a successor is elected and qualified.
(c) The term of office of a clerk-treasurer elected under IC 36-5-1-10.1 following the incorporation of the town:
(1) begins at noon November 30 following the election; and
(2) continues until noon January 1 following the next municipal election scheduled under IC 3-10-6-5 or IC 3-10-7-6 and until the clerk-treasurer's successor is elected and qualified.
(d) The term of office of a clerk-treasurer subject to an ordinance described by IC 3-10-6-2.6 is:
(1) one (1) year if the clerk-treasurer is elected at the next municipal election not conducted in a general election year; and
(2) four (4) years for the successors of the clerk-treasurer described in subdivision (1);
beginning at noon January 1 after the clerk-treasurer's election and continuing until the clerk-treasurer's successor is elected and qualified.
(e) The term of office of a clerk-treasurer subject to an ordinance described by IC 3-10-7-2.7 is:
(1) three (3) years if the clerk-treasurer is elected at the next municipal election not conducted in a general election year; and
(2) four (4) years for the successors of the clerk-treasurer described in subdivision (1);
beginning noon January 1 after the clerk-treasurer's election and continuing until the clerk-treasurer's successor is elected and qualified.
(f) The term of office of a clerk-treasurer subject to an ordinance described by IC 3-10-7-2.9 is:
(1) the term of office provided by the ordinance, not to exceed four (4) years, for the clerk-treasurer elected in the first election cycle after adoption of the ordinance; and
(2) four (4) years for the successors of the clerk-treasurer described in subdivision (1).
[Pre-Local Government Recodification Citation: 18-3-1-16 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.3-1987, SEC.562; P.L.3-1993, SEC.277; P.L.4-1996, SEC.104; P.L.109-2015, SEC.61; P.L.56-2022, SEC.6.
Ind. Code § 36-5-6-4 Election
Sec. 4. The clerk-treasurer shall be elected under IC 3-10-6 or IC 3-10-7 by the voters of the whole town.
[Pre-Local Government Recodification Citation: 18-3-1-16 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.5-1986, SEC.56.
Ind. Code § 36-5-6-5 Oaths, depositions, and acknowledgments
Sec. 5. The clerk-treasurer may administer oaths, take depositions, and take acknowledgments of instruments required by statute to be acknowledged.
[Pre-Local Government Recodification Citation: 18-3-1-31 part.]
As added by Acts 1980, P.L.212, SEC.4.
Ind. Code § 36-5-6-5.1 Office space provided
Sec. 5.1. If office space exists in a building owned or leased by the town, the legislative body shall provide suitable office space for the:
(1) clerk-treasurer; and
(2) staff and records of the clerk-treasurer.
As added by P.L.69-1995, SEC.12.
Ind. Code § 36-5-6-6 Powers and duties; exception
Sec. 6. (a) This section does not apply to a town that has adopted an ordinance under IC 36-5-6.5.
(b) The clerk-treasurer shall do the following:
(1) Receive and care for all town money and pay the money out only on order of the town legislative body.
(2) Keep accounts showing when and from what sources the clerk-treasurer has received town money and when and to whom the clerk-treasurer has paid out town money.
(3) Prescribe payroll and account forms for all town offices.
(4) Prescribe the manner in which creditors, officers, and employees shall be paid.
(5) Manage the finances and accounts of the town and make investments of town money.
(6) Prepare for the legislative body the budget estimates of miscellaneous revenue, financial statements, and the proposed tax rate.
(7) Maintain custody of the town seal and the records of the legislative body.
(8) Issue all licenses authorized by statute and collect the fees fixed by ordinance.
(9) Serve as clerk of the legislative body by attending its meetings and recording its proceedings.
(10) Administer oaths, take depositions, and take acknowledgment of instruments that are required by statute to be acknowledged, without charging a fee.
(11) Serve as clerk of the town court under IC 33-35-3-2, if the judge of the court does not serve as clerk of the court or appoint a clerk of the court under IC 33-35-3-1.
(12) Perform all other duties prescribed by statute.
(c) Except as provided in IC 5-11, a clerk-treasurer is not liable, in an individual capacity, for any act or omission occurring in connection with the performance of the requirements set forth in subsection (b), unless the act or omission constitutes gross negligence or an intentional disregard of the requirements.
[Pre-Local Government Recodification Citations: Part new; 18-3-1-30; 18-3-1-31 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1981, P.L.17, SEC.27; P.L.189-1988, SEC.5; P.L.10-1997, SEC.33; P.L.33-1998, SEC.11; P.L.98-2004, SEC.162; P.L.56-2022, SEC.7; P.L.58-2023, SEC.28.
Ind. Code § 36-5-6-6.5 Conversion of town clerk-treasurer into town clerk and town controller; ordinance; duties of town clerk after conversion; references to town clerk-treasurer
Sec. 6.5. (a) This section applies only to a town that adopts an ordinance under IC 36-5-6.5.
(b) A reference to a town clerk-treasurer in the Indiana Code is considered to be a reference to the town clerk who serves a town that has an appointed controller under IC 36-5-6.5, to the extent that the reference is connected to the duties of the town clerk set forth in subsection (e).
(c) A reference to a town clerk-treasurer in the Indiana Code is considered to be a reference to the town controller who serves a town that has an appointed controller under IC 36-5-6.5, to the extent that the reference is connected to the duties of the town controller set forth IC 36-5-6.5-5.
(d) Not later than the effective date of an ordinance adopted under IC 36-5-6.5, the town clerk-treasurer shall turn over to the controller the records relating to the controller's powers and duties described in IC 36-5-6.5-5.
(e) The town clerk shall do the following:
(1) Serve as clerk of the town council under IC 36-5-2-2 and maintain custody of its records.
(2) Maintain all records required by law.
(3) Keep the town seal.
(4) As soon as a successor is elected and qualified, deliver to the successor all the records and property of the clerk's office.
(5) Perform other duties prescribed by law.
(6) Administer oaths when necessary in the discharge of the clerk's duties, without charging a fee.
(7) Take depositions, without charging a fee.
(8) Take acknowledgment of instruments that are required by statute to be acknowledged, without charging a fee.
(9) Serve as clerk of the town court under IC 33-35-3-2, if the judge of the court does not serve as clerk of the court or appoint a clerk of the court under IC 33-35-3-1.
(f) A town clerk is not liable, in an individual capacity, for any act or omission occurring in connection with the performance of the requirements set forth in subsection (e), unless the act or omission constitutes gross negligence or an intentional disregard of the requirements of law.
As added by P.L.56-2022, SEC.8.
Ind. Code § 36-5-6-7 Clerk-treasurer unable to perform fiscal responsibilities
Sec. 7. (a) The clerk-treasurer shall appoint the number of deputies and employees needed for the effective operation of the office, with the approval of the town legislative body. The clerk-treasurer's deputies and employees serve at the clerk-treasurer's pleasure.
(b) If a town owns a utility and the clerk-treasurer is directly responsible for the billing and collection of that utility's rates and charges, the clerk-treasurer shall appoint those employees who are also responsible for that billing and collection. These employees serve at the clerk-treasurer's pleasure.
(c) If the clerk-treasurer is unable to perform the fiscal requirements of the clerk-treasurer's position, the town shall hire or contract with a qualified certified public accountant to:
(1) provide guidance to the clerk-treasurer regarding the performance of the clerk-treasurer's responsibilities; or
(2) perform the clerk-treasurer's fiscal responsibilities.
The clerk-treasurer is considered to be unable to perform the fiscal requirements of the clerk-treasurer's position if the town is declared unauditable under IC 5-11-1-9(b).
[Pre-Local Government Recodification Citation: 18-2-5-1 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.189-1988, SEC.6; P.L.58-2023, SEC.29.
Ind. Code § 36-5-6-8 Employment of attorneys or legal research assistants
Sec. 8. (a) A clerk-treasurer may hire or contract with competent attorneys or legal research assistants on terms the clerk-treasurer considers appropriate.
(b) Appropriations for the salaries of attorneys and legal research assistants employed under this section shall be approved in the annual budget.
(c) Appropriations for the salaries of attorneys and legal research assistants employed under this section shall be approved in the annual budget and must be allocated to the clerk-treasurer for the payment of attorneys' and legal research assistants' salaries.
As added by P.L.69-1995, SEC.13. Amended by P.L.98-2000, SEC.24.
Ind. Code § 36-5-6-9 Vacancy in office
Sec. 9. (a) This section applies if an office of town clerk-treasurer is vacant and the town legislative body is unable to fill the office under IC 3-13-9-3.
(b) The town legislative body may select a town legislative body member, who shall assume the duties of the office of town clerk-treasurer. For purposes of Article 2, Section 9 of the Constitution of the State of Indiana and Indiana law, if a town legislative body member serves as the ex officio town clerk-treasurer, the duties assumed by the town legislative body member:
(1) are considered part of the duties prescribed by law for the office of town legislative body member; and
(2) are not considered a second office.
A town legislative body member may not receive any additional compensation for assuming the duties of the town clerk treasurer.
(c) The town legislative body may either:
(1) enter into an interlocal agreement under IC 36-1-7 with the town clerk-treasurer and town legislative body of another town in the state to assist the town legislative body member selected under subsection (b) in performing the duties of the clerk-treasurer's office, provided that the agreement may not last longer than the remainder of the vacant clerk-treasurer's term and must meet the requirements of IC 36-1-7; or
(2) enter into a contract with a certified public accountant to assist the town legislative body member selected under subsection (b) in performing the duties of the clerk-treasurer's office, provided that the contract may not last longer than the remainder of the vacant clerk-treasurer's term.
(d) If, after reasonable diligence, the town is unable to meet the requirements under subsection (c), the town may hire any qualified person to perform the duties of the clerk-treasurer's office until the vacancy can be filled under IC 3-13-9-3, or until the end of the current clerk-treasurer's term, whichever is first.
As added by P.L.120-2015, SEC.3. Amended by P.L.58-2023, SEC.30.
Ind. Code § 36-5-6-10 Training requirements
Sec. 10. (a) As used in this section, "training courses" refers to training courses, workshops, training institutes authorized by IC 5-11-14, formal academies, special seminars, and other in-service training related to an office described in section 2 of this chapter that are developed or offered under the rubric of a generally accepted professional association, association of governments or a state agency or department, or public university or affiliated center.
(b) An individual elected to the office described in section 2 of this chapter on or after November 5, 2019, shall complete at least:
(1) fourteen (14) hours of training courses within one (1) year; and
(2) thirty-six (36) hours of training courses within three (3) years;
after the individual is elected to the office described in section 2 of this chapter.
(c) An individual first elected or appointed to an office described in section 2 of this chapter shall complete five (5) hours of approved training courses before the individual first takes office. A training course that the individual completes under this subsection shall be counted toward the requirements under subsection (b).
(d) An individual shall fulfill the training requirements established by subsection (b) for each term to which the individual is elected to the office described in section 2 of this chapter.
(e) This subsection applies only to an individual appointed to fill a vacancy in the office described in section 2 of this chapter. An individual described in this subsection may, but is not required to, take training courses required by subsection (b). If an individual described in this subsection takes a training course required by subsection (b) for an individual elected to the office described in section 2 of this chapter, the town shall pay for the training course as if the individual had been elected to the office described in section 2 of this chapter.
(f) The:
(1) town executive;
(2) town legislative body; and
(3) individual who holds the office described in section 2 of this chapter;
shall use all reasonable means to ensure that the individual who holds the office described in section 2 of this chapter complies with the training requirements established by this section.
(g) The individual who holds the office described in section 2 of this chapter shall maintain written documentation of the training courses that the individual completes toward the requirements of this section.
(h) If a town reorganizes under IC 36-1.5, the individual who performs the functions of the office described in section 2 of this chapter for the town shall comply with the training requirements established by this section for the reorganized political subdivision.
(i) An individual elected or appointed to an office described in section 2 of this chapter shall certify completion of the requirements described in subsection (b) every year and file the certification with the state board of accounts in the same manner as the report required in IC 5-11-1-4(a).
As added by P.L.257-2019, SEC.114. Amended by P.L.58-2023, SEC.31.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026