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Indiana Statutes § 3-13-9-4 Office of town council member

⤴ Up to Chapter 9: Vacancies in Town Offices Not Held or Filled by a Major Party

Statute Text

(a) This section applies to a vacancy in the town council:
(1) not covered by section 1 of this chapter; or
(2) covered by section 1 of this chapter, but not filled by a major political party by the applicable deadline set forth in IC 3-13-11-3 .
(b) The vacancy shall be filled by the remaining members of the council at a regular or special meeting.
(c) The town clerk-treasurer shall give notice of the meeting. Except as provided in subsections (e), (f), (g), and (h), the meeting shall be held not later than thirty (30) days after:
(1) the vacancy occurs if the vacancy is not covered by section 1 of this chapter; or
(2) the applicable deadline for a major political party to fill the vacancy as set forth in IC 3-13-11-3 .
(d) The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each council member at least ten (10) days before the meeting.
(e) If a vacancy:
(1) is not covered by subsection (f) or section 1 of this chapter; and
(2) exists because a circumstance has occurred under IC 36-5-2-6.5 (3) ;
the town council shall meet and select an individual to fill the vacancy not later than thirty (30) days after the town council determines that a circumstance has occurred under IC 36-5-2-6.5 (3) .
(f) If a vacancy:
(1) is not covered by subsection (e) or section 1 of this chapter; and
(2) exists because a circumstance has occurred under IC 36-5-2-6.5 (2) ;
the town council shall meet and select an individual to fill the vacancy not later than thirty (30) days after the town clerk-treasurer receives notice of the death under IC 5-8-6 . The town clerk-treasurer may not give the notice required by subsection (c) until the town clerk-treasurer receives notice of the death under IC 5-8-6 .
(g) If a vacancy:
(1) is covered by section 1 of this chapter and not covered by subsection (h);
(2) exists because a circumstance has occurred under IC 36-5-2-6.5 (3) ; and
(3) exists for more than thirty (30) days;
the council shall meet and select an individual to fill the vacancy not later than sixty (60) days after the town council determines that a circumstance has occurred under IC 36-5-2-6.5 (3) .
(h) If a vacancy:
(1) is covered by section 1 of this chapter and not covered by subsection (g);
(2) exists because a circumstance has occurred under IC 36-5-2-6.5 (2) ; and
(3) exists for more than thirty (30) days;
the council shall meet and select an individual to fill the vacancy not later than sixty (60) days after the town clerk-treasurer receives notice of the death under IC 5-8-6 . The town clerk-treasurer may not give the notice required by subsection (c) until the town clerk-treasurer receives notice of the death under IC 5-8-6 .

Source

Pre-1986 Recodification Citation: 3-2-10-6 part.

History

Amended by P.L. 278 - 2019 , SEC. 159 , eff. 7/1/2019 .

As added by P.L. 5-1986 , SEC. 9 . Amended by P.L. 3-1987 , SEC. 451 ; P.L. 8-1989 , SEC. 11 ; P.L. 4-1991 , SEC. 129 ; P.L. 174 - 2002 , SEC.1; P.L. 1 - 2003 , SEC.7; P.L. 119-2005, SEC.18.

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