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)
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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