Section 36-10-3-3.1 - Creation of county department; authority to adopt ordinance; alteration of board membership; amendment of ordinance(a) This section applies to all counties.(b) As used in this section, "ordinance" means an ordinance that creates a department in accordance with section 3 of this chapter.(c) This section may not be construed to allow for the creation of more than one (1) county board in a county.(d) An ordinance may be adopted as follows:(1) The county fiscal body may adopt an ordinance before January 1, 2020.(2) The county executive may adopt an ordinance after December 31, 2019, if the county fiscal body: (A) has not adopted an ordinance; or(B) has repealed the ordinance. An ordinance must establish the new department and provide for the transfers to the new department as set forth in section 3(a) and 3(b) of this chapter. The ordinance must provide for the appointment of a county board in accordance with section 4.2 of this chapter.
(e) This subsection applies to an ordinance that is in effect on June 30, 2019. The ordinance is unchanged unless amended or repealed by the county fiscal body. The county board continues to be composed of the members described in section 4(d) through 4(h) of this chapter, unless the county fiscal body amends the ordinance as to the composition of the county board. Any amendments to the ordinance as to the composition of the county board must comply with section 4.2 of this chapter.(f) The county executive may not repeal or amend an ordinance adopted by the county fiscal body. If the county fiscal body repeals the ordinance, an ordinance establishing a new department may be adopted by the county fiscal body or county executive, whichever is appropriate, within the time periods set forth in subsection (d).Added by P.L. 75-2019,SEC. 2, eff. 7/1/2019.