§ 36-5-2-4.2 — Change in number of members in legislative body; resolution; implementation

Indiana § 36-5-2-4.2

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 5: GOVERNMENT OF TOWNS
• Ch. 2: Town Legislative Body and Executive

Text

2. (a) This section applies to the alteration of
the number of members of a legislative body.
(b) The legislative body may adopt a resolution to submit a public
question on the number of legislative body members to the voters of the
town. The resolution must state the following:
(1) The proposed number of legislative body members, which
must be at least three (3) and not more than seven (7).
(2) The date of the general, municipal, or special election at
which the public question will appear on the ballot.
(3) That the following question will be placed on the ballot in the
form provided by IC 3-10-9-4:
"Shall the number of town council members be increased (or
decreased, if applicable) from ___________ (insert the current
number of members provided for) to _________ (insert the
number of members proposed in the resolution)?".
(c) IC 3 applies to an election conducted under subsection (b). If the
county election board will conduct the election at which the public
question will be submitted, the question must be certified to the board
under IC 3-10-9-3.
(d) If a majority of the votes cast on the question under subsection
(b) are in the negative, the legislative body may not adopt a resolution
under subsection (b) for at least one (1) year following the date the
prior resolution was adopted.
(e) If a majority of votes cast on the question under subsection (b)
are in the affirmative, the legislative body shall adopt an ordinance at
its next regular meeting following the election altering the number of
legislative body members to the number specified in the public
question. The legislative body may also alter existing districts and
establish new districts in the manner prescribed by IC 36-5-1-10.1. An
ordinance adopted under this subsection becomes effective January 1
following its adoption.
(f) If the number of legislative body members is increased, the
legislative body shall fill any resulting vacancy under IC 3-13-9-4. The
legislative body may fill the vacancy before the ordinance described in
subsection (e) takes effect. However, a town legislative body member
appointed under this subsection does not assume office until the
beginning of the term specified in section 3 of this chapter.

Legislative History

As added by P.L.11-1988, SEC.12. Amended by P.L.8-1989, SEC.98; P.L.1-1990, SEC.359; P.L.3-1993, SEC.274.