Indiana § 36-2-8.7-7 Required physical presence during office hours; defenses; exceptions

Indiana Statutes

§ 36-2-8.7-7 — Required physical presence during office hours; defenses; exceptions

Indiana § 36-2-8.7-7

Title 36LOCAL GOVERNMENT

Art. 2GOVERNMENT OF COUNTIES GENERALLY

Ch. 8.7Initiation of Action for Removal of County Officer

This text of Indiana § 36-2-8.7-7 (Required physical presence during office hours; defenses; exceptions) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-2-8.7-7 (2026).

Text

(a)This section does not apply to a county officer described in section 1(6) of this chapter.

(b)A county officer must be physically present in the county officer's office during regular office hours for a reasonable amount of time each month during the county officer's term of office.

(c)A county officer may be removed from office by the court under IC 5-8-1-35, if the county officer is in violation of this section during one (1) or more months of the county officer's term. However, it is a defense to any action brought under IC 5-8-1-35 asserting a violation of this section, that the county officer's failure to be physically present in the county officer's office was due to:

(1)the serious illness of the county officer or the county officer's spouse, parent, child, or stepchild; or (

Free access — add to your briefcase to read the full text and ask questions with AI

(a) This section does not apply to a county
officer described in section 1(6) of this chapter.
(b) A county officer must be physically present in the county
officer's office during regular office hours for a reasonable amount of
time each month during the county officer's term of office.
(c) A county officer may be removed from office by the court under
IC 5-8-1-35, if the county officer is in violation of this section during
one (1) or more months of the county officer's term. However, it is a
defense to any action brought under IC 5-8-1-35 asserting a violation
of this section, that the county officer's failure to be physically present
in the county officer's office was due to:
(1) the serious illness of the county officer or the county officer's
spouse, parent, child, or stepchild; or
(2) military service of the county officer.
The defense is available in any action brought under IC 5-8-1-35
regardless of whether the action is brought by a person or upon
resolutions adopted by the county executive or fiscal body under this
chapter.
(d) A county officer:
(1) does not violate this section; and
(2) may not be removed from office under IC 5-8-1-35;
for being physically absent from the county officer's office during any
month in which a declaration of a local disaster emergency under IC 10-14-3-29 is in effect for at least one (1) work day in the county or in
the municipality in which the county officer's office is located.