§ 10-18-3-21 — Trustee removal; board termination; final report

(a) A trustee of a memorial may be removed
and the position declared vacant by the board, common council, or
judge appointing the trustee upon a showing that the trustee is
incompetent, dishonest, or not performing the duties required by:
(1) law; or
(2) the governing rules of the board of trustees.
(b) At any time after a memorial building has been:
(1) erected and used for public purposes described in section 15
of this chapter; and
(2) fully paid for and all bonds or other indebtedness issued for
the construction of the memorial has been retired;
the board of county commissioners or common council may by a
two-thirds (2/3) vote of the board of commissioners or common council
abolish and terminate the existence of the memorial board of trustees.
The board of county commissioners or common council must have a
signed petition requesting abolition and termination by all members of
the board of trustees and the consent of the circuit court judge of the
judicial circuit in which the county or city is situated. The judge's
consent must be included on the signed petition. The board of county
commissioners or common council shall fix a time not less than thirty
(30) days or more than ninety (90) days from the date of the vote when
the termination becomes effective.
(c) If the board of trustees has been abolished and terminated, the
county auditor or city clerk shall notify the secretary of the board of
trustees in writing of the time for the termination of the board of
trustees.
(d) The board of trustees shall make a full and final report of its
activities in the same manner as other reports required by this chapter.
The report must be completed on or before the day fixed in the notice
for termination.
(e) On and after the date fixed for the abolition and termination of
the board of trustees, the custody, control, and management of the
memorial shall be exercised by the officers, board, common council, or
committee of the county or city that manages and controls other county
or city buildings. Except as provided in section 22 of this chapter, the
officers, board, common council, or committee of the county or city
that manages and controls other county or city buildings shall
perpetuate the memorial features of the building.
[Pre-2003 Recodification Citation: 10-7-5-21.]

Legislative History

As added by P.L.2-2003, SEC.9. Amended by P.L.6-2017, SEC.2.