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 council
member. 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 to
determine whether a circumstance has occurred under
IC 36-5-2-6.5(3) that results in a vacancy on the town council. The
town council may set a meeting for making the determination on its
own motion, or a person may petition the town council to set a
meeting to make the determination. The town council may grant or
deny a petition for a meeting.
(b) If a person files a petition with the council, the petition must
state the basis for the person's claim that a circumstance has occurred
under 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 any
circumstance 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 the
body, vote to declare a vacancy in the town council membership. The
member who is alleged to have vacated the member's seat may
participate in the meeting as a member, but may not vote on the
issue.
(b) If the member who is the subject of the petition or motion does
not attend the meeting at which the town council makes the
determination that a vacancy exists, the town council shall mail
notice of its determination to the member.
(c) If the town council determines that a vacancy exists, the town
clerk-treasurer shall give the circuit court clerk notice of the
determination not later than five (5) days after the date of the town
council's determination. The circuit court clerk shall give notice to
the county chairman if a caucus is required under IC 3-13-11 to fill
the 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 action
under IC 34-17-1 with the circuit court of the county where the town
is located. As added by P.L.174-2002, SEC.4.
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 council
member. 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 to
determine whether a circumstance has occurred under
IC 36-5-2-6.5(3) that results in a vacancy on the town council. The
town council may set a meeting for making the determination on its
own motion, or a person may petition the town council to set a
meeting to make the determination. The town council may grant or
deny a petition for a meeting.
(b) If a person files a petition with the council, the petition must
state the basis for the person's claim that a circumstance has occurred
under 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 any
circumstance 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 the
body, vote to declare a vacancy in the town council membership. The
member who is alleged to have vacated the member's seat may
participate in the meeting as a member, but may not vote on the
issue.
(b) If the member who is the subject of the petition or motion does
not attend the meeting at which the town council makes the
determination that a vacancy exists, the town council shall mail
notice of its determination to the member.
(c) If the town council determines that a vacancy exists, the town
clerk-treasurer shall give the circuit court clerk notice of the
determination not later than five (5) days after the date of the town
council's determination. The circuit court clerk shall give notice to
the county chairman if a caucus is required under IC 3-13-11 to fill
the 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 action
under IC 34-17-1 with the circuit court of the county where the town
is located. As added by P.L.174-2002, SEC.4.
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 council
member. 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 to
determine whether a circumstance has occurred under
IC 36-5-2-6.5(3) that results in a vacancy on the town council. The
town council may set a meeting for making the determination on its
own motion, or a person may petition the town council to set a
meeting to make the determination. The town council may grant or
deny a petition for a meeting.
(b) If a person files a petition with the council, the petition must
state the basis for the person's claim that a circumstance has occurred
under 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 any
circumstance 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 the
body, vote to declare a vacancy in the town council membership. The
member who is alleged to have vacated the member's seat may
participate in the meeting as a member, but may not vote on the
issue.
(b) If the member who is the subject of the petition or motion does
not attend the meeting at which the town council makes the
determination that a vacancy exists, the town council shall mail
notice of its determination to the member.
(c) If the town council determines that a vacancy exists, the town
clerk-treasurer shall give the circuit court clerk notice of the
determination not later than five (5) days after the date of the town
council's determination. The circuit court clerk shall give notice to
the county chairman if a caucus is required under IC 3-13-11 to fill
the 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 action
under IC 34-17-1 with the circuit court of the county where the town
is located. As added by P.L.174-2002, SEC.4.
