Indiana Statutes
§ 36-4-4-2 — Separation of powers; right of city employee to serve in office
Indiana·Title 36 LOCAL GOVERNMENT·Art. 4 GOVERNMENT OF CITIES AND TOWNS·Ch. 4 Division of Powers of Cities
(a)The powers of a city are divided between the
executive and legislative branches of its government. A power
belonging to one (1) branch of a city's government may not be
exercised by the other branch.
(b)Subject to IC 3-5-9, a city employee other than an elected or
appointed public officer may:
(1)be a candidate for any elective office and serve in that office
if elected; or
(2)be appointed to any office and serve in that office if appointed;
without having to resign as a city employee.
[Pre-Local Government Recodification Citations:
18-1-1.5-25; 18-4-4-2 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by
P.L.315-1995, SEC.1; P.L.135-2012, SEC.9.
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Related
City of Gary v. Major
822 N.E.2d 165 (Indiana Supreme Court, 2005)
City of Gary v. Major
792 N.E.2d 962 (Indiana Court of Appeals, 2003)
Nearby Sections
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§ 36-1-10-1
Application of chapter§ 36-1-10-10
Plans, specifications, and estimates for structures, systems, and
transportation projects§ 36-1-10-11
Property held in fee simple; sale procedure§ 36-1-10-12
Lease in anticipation of acquisition or construction of structure, system,
or transportation project§ 36-1-10-13
Hearing; procedure; execution of lease§ 36-1-10-17
Annual appropriation and tax levy§ 36-1-10-18
Tax exemption of leased structures, systems, and transportation
projects; taxation of rental paid lessor§ 36-1-10-19
Assignment or conveyance of lease; conveyance of structure, system,
or transportation project§ 36-1-10-2
Definitions§ 36-1-10-20
Repealed