Hartman, 020410 INAGO, AGO 2010-5

Case DateFebruary 04, 2010
CourtIndiana
Mr. Bruce A. Hartman, CPA
AGO 2010-5
Official Opinion No. 2010-5
State of Indiana Office of the Attorney General
February 4, 2010
         Mr. Bruce A. Hartman, CPA          State Examiner          State Board of Accounts          302 W. Washington St., Room E418          Indianapolis, IN 46204          RE: Knox County Council Ordinance No. 2009-3          Dear Mr. Hartman:          You requested an advisory opinion concerning Knox County Council Ordinance No. 2009-3, which restricts the Knox County Auditor’s ability to issue a warrant for claims for services provided in a prior fiscal year. You asked the following questions:          1. May the Knox County Council place a condition upon, or otherwise restrict, the Knox County Auditor in her duty to draw a warrant as the Council has set forth in the Ordinance?          2. Does a county auditor have a duty to pay a claim in the current fiscal year for services received by the county in a prior fiscal year if the requirements of Ind. Code Chpt. 36-2-5, Ind. Code Chpt. 36-2-6, and Ind. Code Chpt. 36-2-9 are met?          3. Is the authority purportedly reserved by the Knox County Council under the Ordinance prohibited by or in conflict with Ind. Code § 36-2-6-4, Ind. Code § 36-2-6-7, Ind. Code § 36-2-9-14(c), or any other law?          4. Did the Knox County Council have the power to enact the Ordinance?          BRIEF ANSWERS          1. The Knox County Council does not have the power to restrict the auditor’s ability to issue a warrant if the issuance of the warrant complies with state law.          2. The auditor has the duty to issue a warrant for a claim if it satisfies the statutory requirements. The warrant may be drawn if the County Council has made an appropriation for the money in the calendar year in which the warrant is drawn and the appropriation has not been exhausted.          3. The Council’s purported authority to approve warrants is inconsistent with Indiana Code §§ 5-11-10-1.6, 36-2-6-4 and 36-2-6-7.          4. The...

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