CHAPTER 8. VACANCIES IN CITY OFFICES NOT HELD BY A MAJOR PARTY
IC 3-13-8
Chapter 8. Vacancies in City Offices Not Held by a Major Party
IC 3-13-8-1
Vacancy in office last held by person elected or selected ascandidate of major political party
Sec. 1. A vacancy in a city office (other than judge of a city court)that was last held by a person elected or selected as a candidate of amajor political party of the state shall be filled by a caucus underIC 3-13-11.
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.195.
IC 3-13-8-2
Office of judge of city court
Sec. 2. (a) As used in this section, "judge" refers to a judge of acity court.
(b) If a judge wishes to resign from office, the judge must resignas provided in IC 5-8-3.5.
(c) A vacancy that occurs because of the death of a judge may becertified to the governor under IC 5-8-6.
(d) A vacancy that occurs, other than by resignation or death of ajudge, shall be certified to the governor by the circuit court clerk ofthe county in which the judge resided.
(e) A vacancy in the office of judge of a city court shall be filledby the governor. However, the governor may not fill a vacancy thatoccurs because of the death of a judge until the governor receivesnotice of the death under IC 5-8-6.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.439;P.L.119-2005, SEC.7.
IC 3-13-8-3
Office of mayor of first class city
Sec. 3. (a) This section applies to a vacancy in the office of mayorof a first class city not covered by section 1 of this chapter.
(b) The vacancy shall be filled by the city-county council at aregular or special meeting. The city clerk shall give notice of themeeting. Except as provided in subsection (d), the meeting shall beheld not later than thirty (30) days after the vacancy occurs. Thenotice 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 leastten (10) days before the meeting.
(c) The city clerk shall preside at the meeting but may not voteunless there is a tie vote among the members of the council. Thecouncil must appoint one (1) of its own members to the office. Untilthe vacancy is filled, the president of the council shall serve as actingmayor.
(d) If a vacancy exists because of the death of the mayor, the
council shall meet and select an individual to fill the vacancy notlater than thirty (30) days after the city clerk receives notice of thedeath under IC 5-8-6. The city clerk may not give the notice requiredby subsection (b) until the city clerk receives notice of the deathunder IC 5-8-6.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.440;P.L.119-2005, SEC.8.
IC 3-13-8-4
City-county council of first class city
Sec. 4. (a) This section applies to a vacancy in the city-countycouncil of a first class city not covered by section 1 of this chapter.
(b) A vacancy shall be filled by a majority of the remainingmembers of the council at a regular or special meeting. The city clerkshall give notice of the meeting. Except as provided in subsection (c),the meeting shall be held not later than thirty (30) days after thevacancy occurs. 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 leastten (10) days before the meeting.
(c) If a vacancy exists because of the death of a council member,the council shall meet and select an individual to fill the vacancy notlater than thirty (30) days after the city clerk receives notice of thedeath under IC 5-8-6. The city clerk may not give the notice requiredby subsection (b) until the city clerk receives notice of the deathunder IC 5-8-6.
(d) The appointed member serves until a successor is elected andqualified at the next municipal or general election, whichever occursfirst. The successor serves from noon January 1 following thatelection to noon January 1 following the next municipal election, asprovided in IC 36-3-4-2. The persons appointed and elected must beresident voters in the district where the vacancy occurred, unless thevacancy occurred in an at large seat.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.441;P.L.5-1988, SEC.17; P.L.119-2005, SEC.9.
IC 3-13-8-5
Office of mayor of second class city
Sec. 5. (a) This section applies to a vacancy in the office of mayorof a second class city not covered by section 1 of this chapter.
(b) A vacancy shall be filled as follows:
(1) If the city has a deputy mayor, the deputy mayor assumesthe office for the remainder of the unexpired term.
(2) If the city does not have a deputy mayor, the city controllerassumes the office for the remainder of the unexpired term.
(3) If the city does not have a deputy mayor and the office ofcity controller is vacant, the common council shall fill thevacancy at a regular or special meeting. (c) The city clerk shall give notice of the meeting required undersubsection (b)(3). Except as provided in subsection (d), the meetingshall be held not later than thirty (30) days after the vacancy occurs.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 leastten (10) days before the meeting.
(d) If a vacancy exists because of the death of the mayor, thecouncil shall meet and select an individual to fill the vacancy notlater than thirty (30) days after the city clerk receives notice of thedeath under IC 5-8-6. The city clerk may not give the notice requiredby subsection (c) until the city clerk receives notice of the deathunder IC 5-8-6.
(e) Until the vacancy is filled, the council shall designate one (1)of its members to serve as acting mayor.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.442;P.L.119-2005, SEC.10.
IC 3-13-8-6
Office of city clerk of second class city
Sec. 6. (a) This section applies to a vacancy in the office of cityclerk of a second class city not covered by section 1 of this chapter.
(b) A vacancy shall be filled by the mayor or acting mayor,subject to the approval of the common council. However, if avacancy exists because of the death of the city clerk, the mayor oracting mayor may not fill the vacancy until the mayor or actingmayor receives notice of the death under IC 5-8-6.
(c) The common council shall vote on the question of approvingthe mayor or acting mayor's appointment at a regular or specialmeeting. The president of the common council shall give notice ofthe meeting, which shall be held not later than thirty (30) days afterthe appointment is made. 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 leastten (10) days before the meeting.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.443;P.L.119-2005, SEC.11.
IC 3-13-8-7
Common council of second class city
Sec. 7. (a) This section applies to a vacancy in the commoncouncil of a second class city not covered by section 1 of thischapter.
(b) A vacancy shall be filled by the remaining members of thecouncil at a regular or special meeting. The city clerk shall givenotice of the meeting. Except as provided in subsection (c), the
meeting shall be held not later than thirty (30) days after the vacancyoccurs. 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 leastten (10) days before the meeting.
(c) If a vacancy exists because of the death of a council member,the council shall meet and select an individual to fill the vacancy notlater than thirty (30) days after the city clerk receives notice of thedeath under IC 5-8-6. The city clerk may not give the notice requiredby subsection (b) until the city clerk receives notice of the deathunder IC 5-8-6.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.444;P.L.119-2005, SEC.12.
IC 3-13-8-8
Office of mayor of third class city
Sec. 8. (a) This section applies to a vacancy in the office of mayorof a third class city not covered by section 1 of this chapter.
(b) A vacancy shall be filled as follows:
(1) If the city has a deputy mayor, the deputy mayor assumesthe office for the remainder of the unexpired term.
(2) If the city does not have a deputy mayor, the commoncouncil shall fill the vacancy at a regular or special meeting.
(c) The city clerk-treasurer shall give notice of the meetingrequired under subsection (b)(2). Except as provided in subsection(d), the meeting shall be held not later than thirty (30) days after thevacancy occurs. 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 leastten (10) days before the meeting.
(d) If a vacancy exists because of the death of the mayor, thecouncil shall meet and select an individual to fill the vacancy notlater than thirty (30) days after the city clerk-treasurer receives noticeof the death by IC 5-8-6. The city clerk-treasurer may not give thenotice required by subsection (c) until the city clerk-treasurerreceives notice of the death under IC 5-8-6.
(e) Until the vacancy is filled, the council shall designate one (1)of its members to serve as acting mayor.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.445;P.L.119-2005, SEC.13.
IC 3-13-8-9
Office of city clerk-treasurer of third class city
Sec. 9. (a) This section applies to a vacancy in the office of cityclerk-treasurer of a third class city not covered by section 1 of thischapter. (b) The vacancy shall be filled by the mayor or acting mayor,subject to the approval of the common council. However, if avacancy exists because of the death of the city clerk-treasurer, themayor or acting mayor may not fill the vacancy until the mayor oracting mayor receives notice of the death under IC 5-8-6.
(c) The common council shall vote on the question of approvingthe mayor or acting mayor's appointment at a regular or specialmeeting. The mayor shall give notice of the meeting, which shall beheld not later than thirty (30) days after the appointment is made.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 leastten (10) days before the meeting.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.446;P.L.119-2005, SEC.14.
IC 3-13-8-10
Common council of third class city
Sec. 10. (a) This section applies to a vacancy in the commoncouncil of a third class city not covered by section 1 of this chapter.
(b) A vacancy shall be filled by the remaining members of thecouncil at a regular or special meeting. The city executive may breakany tie vote.
(c) The city clerk-treasurer shall give notice of the meeting.Except as provided in subsection (d), the meeting shall be held notlater than thirty (30) days after the vacancy occurs. 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 leastten (10) days before the meeting.
(d) If a vacancy exists because of the death of a council member,the council shall meet and select an individual to fill the vacancy notlater than thirty (30) days after the city clerk-treasurer receives noticeof the death under IC 5-8-6. The city clerk-treasurer may not give thenotice required by subsection (c) until the city clerk-treasurerreceives notice of the death under IC 5-8-6.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.447;P.L.10-1988, SEC.196; P.L.119-2005, SEC.15.
IC 3-13-8-11
Vacating office by incumbent pending outcome of election contest
Sec. 11. If, pending the outcome of an election contest, theincumbent vacates the office after the expiration of the incumbent'sterm, the vacancy shall be filled as are other vacancies under thischapter until the election is decided or the office is otherwise filled.This section does not affect the incumbent's right to hold over asprovided in Article 15, Section 3 of the Constitution of the State of
Indiana.
As added by P.L.5-1986, SEC.9.
IC 3-13-8-12
Bond, oath, rights, and duties of person filling vacancy
Sec. 12. A person filling a vacancy under this chapter must givethe same bond and take the same oath and has the same rights andduties as the official who vacated the office.
As added by P.L.5-1986, SEC.9.
IC 3-13-8-13
Term of office
Sec. 13. A person selected to fill a vacant office under this chapterholds the office for the remainder of the term, except as provided insection 4 of this chapter.
As added by P.L.5-1986, SEC.9.