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 as
candidate 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 a
major political party of the state shall be filled by a caucus under
IC 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 a
city court.
(b) If a judge wishes to resign from office, the judge must resign
as provided in IC 5-8-3.5.
(c) A vacancy that occurs because of the death of a judge may be
certified to the governor under IC 5-8-6.
(d) A vacancy that occurs, other than by resignation or death of a
judge, shall be certified to the governor by the circuit court clerk of
the county in which the judge resided.
(e) A vacancy in the office of judge of a city court shall be filled
by the governor. However, the governor may not fill a vacancy that
occurs because of the death of a judge until the governor receives
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.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 mayor
of a first class city not covered by section 1 of this chapter.
(b) The vacancy shall be filled by the city-county council at a
regular or special meeting. The city clerk shall give notice of the
meeting. Except as provided in subsection (d), the meeting shall 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 least
ten (10) days before the meeting.
(c) The city clerk shall preside at the meeting but may not vote
unless there is a tie vote among the members of the council. The
council must appoint one (1) of its own members to the office. Until
the vacancy is filled, the president of the council shall serve as acting
mayor.
(d) If a vacancy exists because of the death of the mayor, the
council shall meet and select an individual to fill the vacancy not
later than thirty (30) days after the city clerk receives notice of the
death under IC 5-8-6. The city clerk may not give the notice required
by subsection (b) until the city clerk receives 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.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-county
council of a first class city not covered by section 1 of this chapter.
(b) A vacancy shall be filled by a majority of the remaining
members of the council at a regular or special meeting. The city clerk
shall give notice of the meeting. Except as provided in subsection (c),
the meeting shall 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 least
ten (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 not
later than thirty (30) days after the city clerk receives notice of the
death under IC 5-8-6. The city clerk may not give the notice required
by subsection (b) until the city clerk receives notice of the death
under IC 5-8-6.
(d) The appointed member serves until a successor is elected and
qualified at the next municipal or general election, whichever occurs
first. The successor serves from noon January 1 following that
election to noon January 1 following the next municipal election, as
provided in IC 36-3-4-2. The persons appointed and elected must be
resident voters in the district where the vacancy occurred, unless the
vacancy 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 mayor
of 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 assumes
the office for the remainder of the unexpired term.
(2) If the city does not have a deputy mayor, the city controller
assumes the office for the remainder of the unexpired term.
(3) If the city does not have a deputy mayor and the office of
city controller is vacant, the common council shall fill the
vacancy at a regular or special meeting.
(c) The city clerk shall give notice of the meeting required under
subsection (b)(3). Except as provided in subsection (d), the meeting
shall 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 least
ten (10) days before the meeting.
(d) If a vacancy exists because of the death of the mayor, the
council shall meet and select an individual to fill the vacancy not
later than thirty (30) days after the city clerk receives notice of the
death under IC 5-8-6. The city clerk may not give the notice required
by subsection (c) until the city clerk receives 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.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 city
clerk 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 a
vacancy exists because of the death of the city clerk, the mayor or
acting mayor may not fill the vacancy until the mayor or acting
mayor receives notice of the death under IC 5-8-6.
(c) The common council shall vote on the question of approving
the mayor or acting mayor's appointment at a regular or special
meeting. The president of the common council shall give notice of
the meeting, which shall be held 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 least
ten (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 common
council of a second class city not covered by section 1 of this
chapter.
(b) A vacancy shall be filled by the remaining members of the
council at a regular or special meeting. The city clerk shall give
notice of the meeting. Except as provided in subsection (c), the
meeting shall 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 least
ten (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 not
later than thirty (30) days after the city clerk receives notice of the
death under IC 5-8-6. The city clerk may not give the notice required
by subsection (b) until the city clerk receives 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.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 mayor
of 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 assumes
the office for the remainder of the unexpired term.
(2) If the city does not have a deputy mayor, the common
council shall fill the vacancy at a regular or special meeting.
(c) The city clerk-treasurer shall give notice of the meeting
required under subsection (b)(2). Except as provided in subsection
(d), the meeting shall 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 least
ten (10) days before the meeting.
(d) If a vacancy exists because of the death of the mayor, the
council shall meet and select an individual to fill the vacancy not
later than thirty (30) days after the city clerk-treasurer receives notice
of the death by IC 5-8-6. The city clerk-treasurer may not give the
notice required by subsection (c) until the city clerk-treasurer
receives 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 city
clerk-treasurer of a third class city not covered by section 1 of this
chapter.
(b) The vacancy shall be filled by the mayor or acting mayor,
subject to the approval of the common council. However, if a
vacancy exists because of the death of the city clerk-treasurer, the
mayor or acting mayor may not fill the vacancy until the mayor or
acting mayor receives notice of the death under IC 5-8-6.
(c) The common council shall vote on the question of approving
the mayor or acting mayor's appointment at a regular or special
meeting. The mayor shall give notice of the meeting, which shall be
held 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 least
ten (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 common
council of a third class city not covered by section 1 of this chapter.
(b) A vacancy shall be filled by the remaining members of the
council at a regular or special meeting. The city executive may break
any tie vote.
(c) The city clerk-treasurer shall give notice of the meeting.
Except as provided in subsection (d), the meeting shall 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 least
ten (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 not
later than thirty (30) days after the city clerk-treasurer receives notice
of the death under IC 5-8-6. The city clerk-treasurer may not give the
notice required by subsection (c) until the city clerk-treasurer
receives 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, the
incumbent vacates the office after the expiration of the incumbent's
term, the vacancy shall be filled as are other vacancies under this
chapter until the election is decided or the office is otherwise filled.
This section does not affect the incumbent's right to hold over as
provided 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 give
the same bond and take the same oath and has the same rights and
duties 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 chapter
holds the office for the remainder of the term, except as provided in
section 4 of this chapter. As added by P.L.5-1986, SEC.9.
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 as
candidate 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 a
major political party of the state shall be filled by a caucus under
IC 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 a
city court.
(b) If a judge wishes to resign from office, the judge must resign
as provided in IC 5-8-3.5.
(c) A vacancy that occurs because of the death of a judge may be
certified to the governor under IC 5-8-6.
(d) A vacancy that occurs, other than by resignation or death of a
judge, shall be certified to the governor by the circuit court clerk of
the county in which the judge resided.
(e) A vacancy in the office of judge of a city court shall be filled
by the governor. However, the governor may not fill a vacancy that
occurs because of the death of a judge until the governor receives
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.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 mayor
of a first class city not covered by section 1 of this chapter.
(b) The vacancy shall be filled by the city-county council at a
regular or special meeting. The city clerk shall give notice of the
meeting. Except as provided in subsection (d), the meeting shall 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 least
ten (10) days before the meeting.
(c) The city clerk shall preside at the meeting but may not vote
unless there is a tie vote among the members of the council. The
council must appoint one (1) of its own members to the office. Until
the vacancy is filled, the president of the council shall serve as acting
mayor.
(d) If a vacancy exists because of the death of the mayor, the
council shall meet and select an individual to fill the vacancy not
later than thirty (30) days after the city clerk receives notice of the
death under IC 5-8-6. The city clerk may not give the notice required
by subsection (b) until the city clerk receives 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.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-county
council of a first class city not covered by section 1 of this chapter.
(b) A vacancy shall be filled by a majority of the remaining
members of the council at a regular or special meeting. The city clerk
shall give notice of the meeting. Except as provided in subsection (c),
the meeting shall 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 least
ten (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 not
later than thirty (30) days after the city clerk receives notice of the
death under IC 5-8-6. The city clerk may not give the notice required
by subsection (b) until the city clerk receives notice of the death
under IC 5-8-6.
(d) The appointed member serves until a successor is elected and
qualified at the next municipal or general election, whichever occurs
first. The successor serves from noon January 1 following that
election to noon January 1 following the next municipal election, as
provided in IC 36-3-4-2. The persons appointed and elected must be
resident voters in the district where the vacancy occurred, unless the
vacancy 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 mayor
of 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 assumes
the office for the remainder of the unexpired term.
(2) If the city does not have a deputy mayor, the city controller
assumes the office for the remainder of the unexpired term.
(3) If the city does not have a deputy mayor and the office of
city controller is vacant, the common council shall fill the
vacancy at a regular or special meeting.
(c) The city clerk shall give notice of the meeting required under
subsection (b)(3). Except as provided in subsection (d), the meeting
shall 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 least
ten (10) days before the meeting.
(d) If a vacancy exists because of the death of the mayor, the
council shall meet and select an individual to fill the vacancy not
later than thirty (30) days after the city clerk receives notice of the
death under IC 5-8-6. The city clerk may not give the notice required
by subsection (c) until the city clerk receives 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.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 city
clerk 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 a
vacancy exists because of the death of the city clerk, the mayor or
acting mayor may not fill the vacancy until the mayor or acting
mayor receives notice of the death under IC 5-8-6.
(c) The common council shall vote on the question of approving
the mayor or acting mayor's appointment at a regular or special
meeting. The president of the common council shall give notice of
the meeting, which shall be held 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 least
ten (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 common
council of a second class city not covered by section 1 of this
chapter.
(b) A vacancy shall be filled by the remaining members of the
council at a regular or special meeting. The city clerk shall give
notice of the meeting. Except as provided in subsection (c), the
meeting shall 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 least
ten (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 not
later than thirty (30) days after the city clerk receives notice of the
death under IC 5-8-6. The city clerk may not give the notice required
by subsection (b) until the city clerk receives 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.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 mayor
of 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 assumes
the office for the remainder of the unexpired term.
(2) If the city does not have a deputy mayor, the common
council shall fill the vacancy at a regular or special meeting.
(c) The city clerk-treasurer shall give notice of the meeting
required under subsection (b)(2). Except as provided in subsection
(d), the meeting shall 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 least
ten (10) days before the meeting.
(d) If a vacancy exists because of the death of the mayor, the
council shall meet and select an individual to fill the vacancy not
later than thirty (30) days after the city clerk-treasurer receives notice
of the death by IC 5-8-6. The city clerk-treasurer may not give the
notice required by subsection (c) until the city clerk-treasurer
receives 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 city
clerk-treasurer of a third class city not covered by section 1 of this
chapter.
(b) The vacancy shall be filled by the mayor or acting mayor,
subject to the approval of the common council. However, if a
vacancy exists because of the death of the city clerk-treasurer, the
mayor or acting mayor may not fill the vacancy until the mayor or
acting mayor receives notice of the death under IC 5-8-6.
(c) The common council shall vote on the question of approving
the mayor or acting mayor's appointment at a regular or special
meeting. The mayor shall give notice of the meeting, which shall be
held 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 least
ten (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 common
council of a third class city not covered by section 1 of this chapter.
(b) A vacancy shall be filled by the remaining members of the
council at a regular or special meeting. The city executive may break
any tie vote.
(c) The city clerk-treasurer shall give notice of the meeting.
Except as provided in subsection (d), the meeting shall 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 least
ten (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 not
later than thirty (30) days after the city clerk-treasurer receives notice
of the death under IC 5-8-6. The city clerk-treasurer may not give the
notice required by subsection (c) until the city clerk-treasurer
receives 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, the
incumbent vacates the office after the expiration of the incumbent's
term, the vacancy shall be filled as are other vacancies under this
chapter until the election is decided or the office is otherwise filled.
This section does not affect the incumbent's right to hold over as
provided 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 give
the same bond and take the same oath and has the same rights and
duties 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 chapter
holds the office for the remainder of the term, except as provided in
section 4 of this chapter. As added by P.L.5-1986, SEC.9.
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 as
candidate 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 a
major political party of the state shall be filled by a caucus under
IC 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 a
city court.
(b) If a judge wishes to resign from office, the judge must resign
as provided in IC 5-8-3.5.
(c) A vacancy that occurs because of the death of a judge may be
certified to the governor under IC 5-8-6.
(d) A vacancy that occurs, other than by resignation or death of a
judge, shall be certified to the governor by the circuit court clerk of
the county in which the judge resided.
(e) A vacancy in the office of judge of a city court shall be filled
by the governor. However, the governor may not fill a vacancy that
occurs because of the death of a judge until the governor receives
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.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 mayor
of a first class city not covered by section 1 of this chapter.
(b) The vacancy shall be filled by the city-county council at a
regular or special meeting. The city clerk shall give notice of the
meeting. Except as provided in subsection (d), the meeting shall 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 least
ten (10) days before the meeting.
(c) The city clerk shall preside at the meeting but may not vote
unless there is a tie vote among the members of the council. The
council must appoint one (1) of its own members to the office. Until
the vacancy is filled, the president of the council shall serve as acting
mayor.
(d) If a vacancy exists because of the death of the mayor, the
council shall meet and select an individual to fill the vacancy not
later than thirty (30) days after the city clerk receives notice of the
death under IC 5-8-6. The city clerk may not give the notice required
by subsection (b) until the city clerk receives 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.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-county
council of a first class city not covered by section 1 of this chapter.
(b) A vacancy shall be filled by a majority of the remaining
members of the council at a regular or special meeting. The city clerk
shall give notice of the meeting. Except as provided in subsection (c),
the meeting shall 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 least
ten (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 not
later than thirty (30) days after the city clerk receives notice of the
death under IC 5-8-6. The city clerk may not give the notice required
by subsection (b) until the city clerk receives notice of the death
under IC 5-8-6.
(d) The appointed member serves until a successor is elected and
qualified at the next municipal or general election, whichever occurs
first. The successor serves from noon January 1 following that
election to noon January 1 following the next municipal election, as
provided in IC 36-3-4-2. The persons appointed and elected must be
resident voters in the district where the vacancy occurred, unless the
vacancy 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 mayor
of 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 assumes
the office for the remainder of the unexpired term.
(2) If the city does not have a deputy mayor, the city controller
assumes the office for the remainder of the unexpired term.
(3) If the city does not have a deputy mayor and the office of
city controller is vacant, the common council shall fill the
vacancy at a regular or special meeting.
(c) The city clerk shall give notice of the meeting required under
subsection (b)(3). Except as provided in subsection (d), the meeting
shall 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 least
ten (10) days before the meeting.
(d) If a vacancy exists because of the death of the mayor, the
council shall meet and select an individual to fill the vacancy not
later than thirty (30) days after the city clerk receives notice of the
death under IC 5-8-6. The city clerk may not give the notice required
by subsection (c) until the city clerk receives 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.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 city
clerk 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 a
vacancy exists because of the death of the city clerk, the mayor or
acting mayor may not fill the vacancy until the mayor or acting
mayor receives notice of the death under IC 5-8-6.
(c) The common council shall vote on the question of approving
the mayor or acting mayor's appointment at a regular or special
meeting. The president of the common council shall give notice of
the meeting, which shall be held 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 least
ten (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 common
council of a second class city not covered by section 1 of this
chapter.
(b) A vacancy shall be filled by the remaining members of the
council at a regular or special meeting. The city clerk shall give
notice of the meeting. Except as provided in subsection (c), the
meeting shall 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 least
ten (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 not
later than thirty (30) days after the city clerk receives notice of the
death under IC 5-8-6. The city clerk may not give the notice required
by subsection (b) until the city clerk receives 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.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 mayor
of 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 assumes
the office for the remainder of the unexpired term.
(2) If the city does not have a deputy mayor, the common
council shall fill the vacancy at a regular or special meeting.
(c) The city clerk-treasurer shall give notice of the meeting
required under subsection (b)(2). Except as provided in subsection
(d), the meeting shall 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 least
ten (10) days before the meeting.
(d) If a vacancy exists because of the death of the mayor, the
council shall meet and select an individual to fill the vacancy not
later than thirty (30) days after the city clerk-treasurer receives notice
of the death by IC 5-8-6. The city clerk-treasurer may not give the
notice required by subsection (c) until the city clerk-treasurer
receives 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 city
clerk-treasurer of a third class city not covered by section 1 of this
chapter.
(b) The vacancy shall be filled by the mayor or acting mayor,
subject to the approval of the common council. However, if a
vacancy exists because of the death of the city clerk-treasurer, the
mayor or acting mayor may not fill the vacancy until the mayor or
acting mayor receives notice of the death under IC 5-8-6.
(c) The common council shall vote on the question of approving
the mayor or acting mayor's appointment at a regular or special
meeting. The mayor shall give notice of the meeting, which shall be
held 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 least
ten (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 common
council of a third class city not covered by section 1 of this chapter.
(b) A vacancy shall be filled by the remaining members of the
council at a regular or special meeting. The city executive may break
any tie vote.
(c) The city clerk-treasurer shall give notice of the meeting.
Except as provided in subsection (d), the meeting shall 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 least
ten (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 not
later than thirty (30) days after the city clerk-treasurer receives notice
of the death under IC 5-8-6. The city clerk-treasurer may not give the
notice required by subsection (c) until the city clerk-treasurer
receives 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, the
incumbent vacates the office after the expiration of the incumbent's
term, the vacancy shall be filled as are other vacancies under this
chapter until the election is decided or the office is otherwise filled.
This section does not affect the incumbent's right to hold over as
provided 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 give
the same bond and take the same oath and has the same rights and
duties 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 chapter
holds the office for the remainder of the term, except as provided in
section 4 of this chapter. As added by P.L.5-1986, SEC.9.
