Indiana Code 36-9-27-5

§ IC 36-9-27-5. Composition

Sec. 5. (a) Except in a county having a consolidated city or as provided in subsection (d), the drainage board consists of either:

(1) the county executive; or

(2) three (3) or five (5) persons, at least one (1) of whom must be a member of the executive, appointed by the executive; at the option of the executive.

Appointees under subdivision (2) must be resident freeholders of the county who are knowledgeable in drainage matters. Freeholders appointed to the board serve for terms of three (3) years, with their initial appointments made so as to provide for staggering of terms on an annual basis. In addition, the county surveyor serves on the board as an ex officio, nonvoting member.

Terms Used in Indiana Code 36-9-27-5

Board: refers to the drainage board of a county. See Indiana Code 36-9-27-2

ex officio: Literally, by virtue of one’s office.

(b) In a county having a consolidated city, the board of public works of the consolidated city comprises the drainage board, subject to IC 36-3-4-23.

(c) In a county having a consolidated city, the department of public works of the consolidated city has all the powers, duties, and responsibilities of the county surveyor under this chapter, subject to IC 36-3-4-23.

(d) The following apply in a county that is subject to IC 36-2-2.5:

(1) The drainage board consists of:

(A) the single county executive; and

(B) two (2) or four (4) persons (as determined by the single county executive) who are appointed by the single county executive.

(2) Appointees under subdivision (1)(B) must be resident freeholders of the county who are knowledgeable in drainage matters.

(3) The freeholders appointed to the drainage board serve for terms of three (3) years, with the freeholders’ initial appointments made so as to provide for staggering of terms on an annual basis.

(4) The county surveyor serves on the drainage board as an ex officio, nonvoting member.

(5) The terms of members serving on the drainage board at the time the first single county executive is elected under IC 36-2-2.5 expire on January 1, 2019, and the single county executive shall make the appointments to the board as provided in this subsection.

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.77-2014, SEC.23.