City of Portage, Indiana
Government Structure
The Indiana State Legislature has provided for the election of the following officials: mayor, clerk-treasurer and members of the common council. City government consists of a separate executive (mayor) and legislative (council) branch. (These branches will be discussed under the section titled "Municipal Officials, Departments, Boards and Commissions".)
Councils in third-class cities generally have seven members, with two or three at-large seats and the remaining members are elected from districts.
The legislature has also directed cities to establish any executive departments which they consider necessary to efficiently perform the administrative functions. The departments which may be established are: finance or administration, law, public works and safety, parks and recreation, human resources and economic development, and any other department considered necessary.
In cities, the chief administrative agency is the board of public works and safety. This board is controlled by the mayor. The board approves orders or contract for public works, pays bills and purchases equipment and supplies.
POWERS
Cities have been given certain powers by the General Assembly. These powers are referred to as "home rule". The General Assembly recognized that local governments are run by local officials who are capable, and perhaps in a better position to make local decisions and should have the power to do what is necessary to conduct municipal affairs. These powers are defined in the Indiana Code, most being found in Title 36 of said code.
REVENUE
All sources of revenue for cities, including federal aid,are based on factors such as need, population, assessed valuation, street milage, etc. The amount of outside revenue a city receives is often affected by its population. Portions of several state collected monies, such as the Motor Vehicle Highway Account, the Alcohol Gallonage Fund, the Cigarette General Fund and the Cigarette Capital Improvement Account are given to cities based on population.
MUNICIPAL OFFICIALS, DEPARTMENTS, BOARDS & COMMISSIONS
The government of cities is divided between the mayor and the common council. The mayor, through the board of works and safety and the city department heads, exercise the executive authority of the city and is primarily concerned with its day-to-day operation. The common council holds the city legislative or law making authority (through ordinances) and appropriation of monies for the city.
THE COMMON COUNCIL
Members of the city council are part-time elected officials who serve for four years and can run for re-election as often as they wish. As individuals, city council members do not have significant statutory powers. But, as a legislative body, the council exercises many of the powers given cities through the passage of ordinances and appropriation of money. The following is a list of what the council may do and requirements one must meet to be a city council person:
a). authority to fix the annual salaries of all elected officials
b). authority to fix annually the salaries of members of the police and fire departments.
c). authority to reduce, but not to increase, any other items in the city budget as submitted by the mayor for its approval.
d). if elected to a district he or she must have been a resident of that district for at least six months and a resident of the city for at least one year
e). if he or she moves from the district or from the city, the person forfeits the office
The council also has the power to form committees, either standing or special, to aid them in the completion of their work. Standing committees are permanent committees, set up at the beginning of the term of office, and to which are referred all matters relating to specific subjects. Special committees are temporary and are set up to handle a special subject and are discharged when the issue is settled.
A third type of committee employed by some cities, (not technically a part of the council) is that of a "citizens advisory committee". These committees are usually set up for a specific concern of the city and is a method in which to get citizens involved. Appointments to these committees are usually made by the mayor and usually serve without salary.
The council is not allowed to hire any staff members except for a lawyer or law firm to handle legal matters that may arise.
THE MAYOR
The mayor as chief executive is responsible for the overall operation of city government. The term of office is four years with no restrictions on the number of terms which can be served. If the person ceases to live in the city, the person forfeits the office. Other duties/responsibilities of the mayor includes the following:
a). enforcing the ordinances of the city and the state statues
b). supervises subordinate officers
c). insuring efficient government of the city
d). filling vacancies in the city offices when required
e). signing all bonds, deeds, and contracts of the city and all licenses issued by the city
f). approving or vetoing ordinances, orders, and resolutions of the legislative body (veto power, subject to council override)
g). appoint the heads of executive departments, employees of the departments, and most board and commission members
h). suspend or remove officers or employees appointed by the mayor
i). fix the salaries of all appointed officials and employees (except police and fire fighters and appointees of the clerk-treasurer) subject to reduction by the city council
j). adopt rules and regulations for individual departments and conduct monthly meetings of department heads
k). prepare the city budget for council review
l). serve as presiding officer of the council
m). solemnize marriages
BOARD OF FINANCE AND OFFICE OF THE CLERK-TREASURER
Each city must have a department of finance. In third-class cities, the fiscal affairs of the city are placed in the office of an elected clerk-treasurer. In his or her role as fiscal affairs officer often include the following duties:
a). audit the accounts of all departments and submit a report at the end of each fiscal year
b). maintain separate accounts for each specific item of appropriation made by the council to each department
c). sign and issue all orders for money upon the city treasury
d). inspect and pay or refuse to pay under certain conditions, all warrants presented
e). manage and direct the finance and accounts of the city and make investments of city monies
f). issue all city licenses
Clerk-treasurers are also the secretaries and record-keepers for the city council and board of works and has the following responsibilities:
a). keep records of council proceedings and have charge of all papers relating to its business
b). prepare and keep an ordinance book
c). have charge of all documents and books entrusted to him or her by statute or ordinance
d). keep the city seal
e). solemnize marriages
The clerk-treasurer is subject to the same residency requirements as the mayor and forfeits the office if he or she ceases to live in the city. The clerk-treasurer is authorized to appoint deputies and employees subject to authorization or approval of the city council.
BOARD OF WORKS AND PUBLIC SAFETY
Each city must have a board of works and public safety. The mayor appoints three persons to the board. These three must reside within the city and may hold other appointed city positions. In third-class cities, the mayor is a member of this board.
The major functions of public safety include police and fire protection, and the functions of public works include streets, sanitation, sewers and sometimes municipal utilities.
STATUTORY BOARDS & COMMISSIONS
Cities also have power to establish boards and commissions which include, but are not limited to the following:
a). parks and recreation
b). plan commission
c). economic development commission
d). redevelopment commission
e). board of sanitary commissioners
This summary was prepared by Chief Deputy Clerk-Treasurer, Lynn Reed, from "Indiana Elected Municipal Officials' Handbook", a publication of the Indiana Association of Cities & Towns.
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