CHAPTER 11. CITY DEPUTIES AND EMPLOYEES

IC 36-4-11
    Chapter 11. City Deputies and Employees

IC 36-4-11-1
Application of chapter
    Sec. 1. This chapter applies to second and third class cities.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,P.L.44, SEC.52.

IC 36-4-11-2
Appointments by city executive; exceptions; suspension orremoval; appointees serving remainder of unexpired term
    Sec. 2. (a) The city executive shall make the appointmentsprescribed by law. If an emergency requires additional employees fora city office, board, commission, department, institution, or utility,the executive may also appoint those employees.
    (b) This subsection does not apply to appointments made underIC 20. An executive may not make an appointment between midnightDecember 31 and noon January 1 of the last year of the executive'sfinal term of office.
    (c) This subsection does not apply to appointments made underIC 20. The executive may remove from office a board or commissionmember appointed by a prior executive if the appointment was madeon or after the date of the general election and:
        (1) the prior executive was a candidate for nomination as aparty's candidate for election to the office of executive at theprimary election held during the last year of the priorexecutive's term of office and the prior executive was notnominated at that election; or
        (2) the prior executive was a candidate for another term ofoffice as executive at the general election held during the lastyear of the prior executive's term of office and the priorexecutive was not elected to another term of office at thatelection;
and if the executive notifies the appointee of the removal and sendsa written statement of the reasons for the removal to the citylegislative body.
    (d) The executive may suspend or remove from office anyofficers, deputies, or other employees of the city appointed by theexecutive or a prior executive, by notifying them to that effect andsending a written statement of the reasons for the suspension orremoval to the city legislative body.
    (e) A person appointed by the executive to fill a vacancy causedby a removal under subsection (c) serves the remainder of theunexpired term of the appointee removed from office undersubsection (c).
    (f) Notwithstanding any other law, if the term of a member of aboard who was appointed by the executive expires and the executivedoes not make an appointment to fill the vacancy, the member maycontinue to serve on the board for only sixty (60) days after the

expiration date of the member's term.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.185-1988,SEC.3; P.L.68-1996, SEC.7.

IC 36-4-11-3
Departments; appointment of deputies and other employees;dismissal
    Sec. 3. A department may appoint deputies and other employeesat its pleasure, unless a statute provides otherwise. A department maydismiss deputies and other employees, but if thirty (30) days havepassed since the department head was appointed, he must file withthe city clerk a written statement of the reasons for dismissing anyemployee other than:
        (1) a deputy; or
        (2) a foreman, inspector, or laborer temporarily employed bythe department of public works.
As added by Acts 1980, P.L.212, SEC.3.

IC 36-4-11-4
City clerk; appointment of deputies and employees
    Sec. 4. The city clerk may appoint the number of deputies andemployees authorized by the city legislative body. The clerk'sdeputies and employees serve at his pleasure.
As added by Acts 1980, P.L.212, SEC.3.

IC 36-4-11-5
Second class cities; city fiscal officer; appointment of deputy
    Sec. 5. (a) This section applies only to second class cities.
    (b) The city legislative body may, by ordinance, authorize the cityfiscal officer to appoint a deputy. The fiscal officer is responsible forthe official acts of his deputy.
As added by Acts 1980, P.L.212, SEC.3.