§ 36-2-2-7 — Disqualification of executive in quasi-judicial proceeding; appointment of special members

(a) If the executive finds that two (2) or more of
its members are disqualified from acting in a quasi-judicial proceeding,
the disqualified members shall cease to act in that proceeding. Within
ten (10) days after the finding, the county auditor shall send a certified
copy of the record of the proceeding to the judge of the circuit court,
superior court, or probate court for the county. If the judge affirms the
disqualification of the members of the executive, the judge shall
appoint disinterested and competent persons to serve as special
members of the executive in the proceeding.
(b) A person who consents to serve as a special member of the
executive must have the same qualifications as an elected member of
the executive. The person's appointment and oath shall be filed with the
county auditor and entered on the records of the executive, and the
person may act with the other members of the executive conducting the
proceeding until a final determination is reached.
[Pre-Local Government Recodification Citations: 17-2-23-1;
17-2-23-2; 17-2-23-3.]
As added by Acts 1980, P.L.212, SEC.1. Amended by
P.L.84-2016, SEC.165.