CHAPTER 5. NOTICE OF A TOWN COUNCIL VACANCY

IC 5-8-5
    Chapter 5. Notice of a Town Council Vacancy

IC 5-8-5-1
Applicability
    Sec. 1. This chapter applies when a vacancy must be filled under:
        (1) IC 3-13-9; or
        (2) IC 3-13-11;
due to a reason set forth in IC 36-5-2-6.5(3).
As added by P.L.174-2002, SEC.4. Amended by P.L.1-2003, SEC.16;P.L.119-2005, SEC.26.

IC 5-8-5-2
"Member" defined
    Sec. 2. As used in this chapter, "member" refers to a town councilmember.
As added by P.L.174-2002, SEC.4.

IC 5-8-5-3
Public meeting to determine vacancy on town council
    Sec. 3. (a) The town council may hold a public meeting todetermine whether a circumstance has occurred underIC 36-5-2-6.5(3) that results in a vacancy on the town council. Thetown council may set a meeting for making the determination on itsown motion, or a person may petition the town council to set ameeting to make the determination. The town council may grant ordeny a petition for a meeting.
    (b) If a person files a petition with the council, the petition muststate the basis for the person's claim that a circumstance has occurredunder IC 36-5-2-6.5(3).
As added by P.L.174-2002, SEC.4. Amended by P.L.1-2003, SEC.17;P.L.119-2005, SEC.27.

IC 5-8-5-4
Declaring vacancy on town council; notice of vacancy
    Sec. 4. (a) If the town council is reasonably satisfied that anycircumstance has occurred under IC 36-5-2-6.5(3), the council may,by an affirmative vote of a majority of the members appointed to thebody, vote to declare a vacancy in the town council membership. Themember who is alleged to have vacated the member's seat mayparticipate in the meeting as a member, but may not vote on theissue.
    (b) If the member who is the subject of the petition or motion doesnot attend the meeting at which the town council makes thedetermination that a vacancy exists, the town council shall mailnotice of its determination to the member.
    (c) If the town council determines that a vacancy exists, the townclerk-treasurer shall give the circuit court clerk notice of thedetermination not later than five (5) days after the date of the towncouncil's determination. The circuit court clerk shall give notice to

the county chairman if a caucus is required under IC 3-13-11 to fillthe vacancy.
As added by P.L.174-2002, SEC.4. Amended by P.L.1-2003, SEC.18;P.L.119-2005, SEC.28.

IC 5-8-5-5
Right of vacating town council member to file action
    Sec. 5. The member whose seat is vacated may file an actionunder IC 34-17-1 with the circuit court of the county where the townis located.
As added by P.L.174-2002, SEC.4.