Indiana § 36-4-5-8 Absence or inability of executive; designation and service of acting
executive

Indiana Statutes

§ 36-4-5-8 — Absence or inability of executive; designation and service of acting executive

Indiana·Title 36 LOCAL GOVERNMENT·Art. 4 GOVERNMENT OF CITIES AND TOWNS·Ch. 5 City Executive

(a)Whenever the executive is absent or going to be absent from the city, ill, or injured, the executive may designate:

(1)the deputy mayor, if that position has been established under IC 36-4-9-7; or

(2)a member of the city legislative body; as acting executive, with all the powers of the office. The executive may exercise this power for a maximum of fifteen (15) days in any sixty (60) day period.

(b)A designation under subsection (a) shall be certified to the president or president pro tempore and clerk of the city legislative body. In addition, when the executive resumes the executive's duties, the executive shall certify to those officers the expiration of the designation.

(c)Whenever the president or president pro tempore of the city legislative body files with the circuit court,

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(a) Whenever the executive is absent or going
to be absent from the city, ill, or injured, the executive may designate:
(1) the deputy mayor, if that position has been established under
IC 36-4-9-7; or
(2) a member of the city legislative body;
as acting executive, with all the powers of the office. The executive
may exercise this power for a maximum of fifteen (15) days in any
sixty (60) day period.
(b) A designation under subsection (a) shall be certified to the
president or president pro tempore and clerk of the city legislative
body. In addition, when the executive resumes the executive's duties,
the executive shall certify to those officers the expiration of the
designation.
(c) Whenever the president or president pro tempore of the city
legislative body files with the circuit court, superior court, or probate
court of the county in which the city is located a written statement
suggesting that the executive is unable to discharge the powers and
duties of the executive's office, the circuit court, superior court, or
probate court shall convene within forty-eight (48) hours to decide that
question. After that, when the executive files with the circuit court,
superior court, or probate court the executive's written declaration that
no inability exists, the circuit court, superior court, or probate court
shall convene within forty-eight (48) hours to decide whether that is the
case. Upon a decision that no inability exists, the executive shall
resume the powers and duties of the executive's office.
(d) If the circuit court, superior court, or probate court decides under
subsection (c) that the executive is unable to discharge the powers and
duties of the executive's office, then:
(1) the deputy mayor, if that position has been established under
IC 36-4-9-7; or
(2) the president of the legislative body in a second class city, or
the president pro tempore of the legislative body in a third class
city, if there is no deputy mayor;
shall serve as acting executive, with all the powers of the office. A
person may serve as acting executive for a maximum of six (6) months
under this subsection. The city legislative body may appropriate funds
to compensate a person acting as executive under subsection (d).

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