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)
City of Gary v. Major
792 N.E.2d 962 (Indiana Court of Appeals, 2003)
Nearby Sections
15
§ 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
RepealedCite This Page — Counsel Stack
Bluebook (online)
Indiana § 36-4-4-2, Counsel Stack Legal Research, https://law.counselstack.com/statute/in/36-4-4-2.