IC 36-9-35
    Chapter 35. Water Departments in Certain Cities

IC 36-9-35-1
Application of chapter
    Sec. 1. This chapter applies to each city in a county having apopulation of more than four hundred thousand (400,000) but lessthan seven hundred thousand (700,000), in which the legislative bodyhas, by ordinance, established a water department as a municipalutility or a department of waterworks.
As added by P.L.320-1989, SEC.3. Amended by P.L.12-1992,SEC.189.

IC 36-9-35-2
Boards of trustees; political affiliation of appointees
    Sec. 2. Notwithstanding IC 36-1-8-10, whenever the city'sordinance establishing a water department requires that anappointment to the board of trustees of the water department beconditioned upon the political affiliation of the appointee, or that themembership of the board not exceed a stated number of membersfrom the same political party, at the time of an appointment theappointee must:
        (1) have voted in the two (2) most recent primary elections heldby the party with which the appointee claims affiliation; or
        (2) if the appointee did not vote in the two (2) most recentprimary elections or only voted in one (1) of those elections, becertified as a member of the party with which the appointeeclaims affiliation by that party's county chairman for the countyin which the appointee resides.
As added by P.L.320-1989, SEC.3.

IC 36-9-35-3
Boards of trustees; vacancies
    Sec. 3. Notwithstanding IC 8-1.5, IC 36-9-23, IC 36-9-24,IC 36-9-25, or any other law, if a vacancy occurs on the board oftrustees, the vacancy must be filled within thirty (30) days after thevacancy occurs.
As added by P.L.320-1989, SEC.3.

IC 36-9-35-4
Boards of trustees; removal from office; appeals
    Sec. 4. (a) Notwithstanding IC 8-1.5, IC 36-9-23, IC 36-9-24,IC 36-9-25, or any other law, a board member may not be removedfrom office except upon charges preferred before the city executiveand a hearing held on them. The only permissible reasons forremoval are neglect of duty and incompetence. The board membermust be given at least ten (10) days notice of the time and place ofthe hearing and the opportunity to produce evidence and examine andcross-examine witnesses. All testimony shall be given under oath.The city executive shall prepare written findings and file them with

the city clerk.
    (b) If the charges are sustained and the board member removed,the board member may appeal the findings within ten (10) days afterthe date they are filed with the clerk to the circuit or superior courtof the county in which the city is located. The board member mustfile the appeal against the executive stating the charges preferred andthe findings made. The court shall hear the appeal de novo withouta jury within thirty (30) days after the appeal is filed and shall eitherratify or reverse the findings of the executive. The judgment of thecourt is final and an appeal may not be taken.
As added by P.L.320-1989, SEC.3.