AGO 2009-4.

• Case Date: November 25, 2009
• Court: Indiana

Indiana Attorney General Opinions 2009. AGO 2009-4. November 25, 2009OFFICIAL OPINION 2009-4The HonorableBrandt HershmanIndiana State Senate200 W. Washington StreetIndianapolis, Indiana 46204Re: Authority for Oversight of Township Emergency ServicesDear Senator Hershman: You have requested a legal opinion concerning the authority of a township board to oversee the daily operation of township emergency services. Brief Answer Township boards do not have authority to oversee the daily operation of township services, including emergency services. Analysis A township's governmental powers are divided between an executive body and a legislative body. The township trustee is the township executive body. Ind. Code § 36-6-4-2(a). The township board is the legislative body for a township. Ind. Code § 36-6-6-2(c). The board is also the fiscal body for the township while the trustee is the fiscal officer. Ind. Code §§ 36-1-2-6, -7. Both the township trustee and township board are elected by voters of the township. Generally, legislative power is the authority to make laws, while executive power is the authority to enforce those laws. Book v. State Office Bldg. Commission, 149 N.E. 2d 273 (Ind. 1958). "Executive" is defined as "the branch of government responsible for effecting and enforcing laws." Black's Law Dictionary (8^th ed. 2004). "Executive power" is defined as "the power to see that the laws are duly executed and enforced." Id . "Legislative" is defined as "of or relating to lawmaking or the power to enact laws". Id. Townships and their activities are governed by provisions in Title 36 of the Indiana Code. Section 36-6-4-3 sets out a list of duties to be performed by the township trustee. The township trustee also has certain powers enumerated in section 36-6-4-4. Neither the powers nor duties Usted in chapter 36-6-4 are exhaustive as each section includes a general reference to other duties and powers prescribed by statute. In contrast, the role of the township board as set out in the statute is primarily a fiscal role. The board is responsible for adopting the township's annual budget and taking other action related to fiscal matters of the township. See Ind. Code...