Sec. 3. (a) A department of public parks is established as an executive department of the city.

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Terms Used In Indiana Code 36-10-4-3

  • Board: refers to a board of park commissioners, or board of parks and recreation of a consolidated city. See Indiana Code 36-10-4-2
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Department: refers to a department of public parks, or department of parks and recreation of a consolidated city. See Indiana Code 36-10-4-2
  • Oath: A promise to tell the truth.
  • Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
     (b) The department is under the control of a board of park commissioners. The board consists of four (4) commissioners appointed by the city executive. Each commissioner must be a freeholder residing in the city, and no more than two (2) commissioners may have the same political affiliation.

     (c) A second class city may pay each commissioner an annual salary in an amount fixed by the fiscal body. The commissioners shall be paid their actual expenses upon approval by the city executive.

     (d) Before beginning the commissioner’s duties, each commissioner shall take and subscribe the usual oath of office. The oath shall be indorsed upon the certificate of appointment and filed with the city clerk. If a commissioner has not filed the commissioner’s oath:

(1) within thirty (30) days after the beginning of the commissioner’s term; or

(2) by the date of the commissioner’s appointment if the commissioner was appointed after the beginning of the term;

the commissioner is considered to have refused to serve and the office becomes vacant.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-9-1 part; 19-7-12-1 part; 19-7-30-1 part; subsections (b), (d) formerly 19-7-9-1 part; 19-7-30-1 part; subsection (c) formerly 19-7-14-1.]

As added by Acts 1981, P.L.309, SEC.111. Amended by P.L.176-2002, SEC.10; P.L.127-2017, SEC.379.