Indiana Statutes

§ 36-4-4-2 — Separation of powers; right of city employee to serve in office

Indiana § 36-4-4-2
JurisdictionIndiana
Title 36LOCAL GOVERNMENT
Art. 4GOVERNMENT OF CITIES AND TOWNS
Ch. 4Division of Powers of Cities

This text of Indiana § 36-4-4-2 (Separation of powers; right of city employee to serve in office) 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 § 36-4-4-2 (2026).

Text

(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)
87 case citations
City of Gary v. Major
792 N.E.2d 962 (Indiana Court of Appeals, 2003)
2 case citations

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Bluebook (online)
Indiana § 36-4-4-2, Counsel Stack Legal Research, https://law.counselstack.com/statute/in/36-4-4-2.