§ 36-5-6-9 — Vacancy in office

(a) This section applies if an office of town
clerk-treasurer is vacant and the town legislative body is unable to fill
the office under IC 3-13-9-3.
(b) The town legislative body may select a town legislative body
member, who shall assume the duties of the office of town
clerk-treasurer. For purposes of Article 2, Section 9 of the Constitution
of the State of Indiana and Indiana law, if a town legislative body
member serves as the ex officio town clerk-treasurer, the duties
assumed by the town legislative body member:
(1) are considered part of the duties prescribed by law for the
office of town legislative body member; and
(2) are not considered a second office.
A town legislative body member may not receive any additional
compensation for assuming the duties of the town clerk treasurer.
(c) The town legislative body may either:
(1) enter into an interlocal agreement under IC 36-1-7 with the
town clerk-treasurer and town legislative body of another town in
the state to assist the town legislative body member selected
under subsection (b) in performing the duties of the
clerk-treasurer's office, provided that the agreement may not last
longer than the remainder of the vacant clerk-treasurer's term and
must meet the requirements of IC 36-1-7; or
(2) enter into a contract with a certified public accountant to assist
the town legislative body member selected under subsection (b)
in performing the duties of the clerk-treasurer's office, provided
that the contract may not last longer than the remainder of the
vacant clerk-treasurer's term.
(d) If, after reasonable diligence, the town is unable to meet the
requirements under subsection (c), the town may hire any qualified
person to perform the duties of the clerk-treasurer's office until the
vacancy can be filled under IC 3-13-9-3, or until the end of the current
clerk-treasurer's term, whichever is first.

Legislative History

As added by P.L.120-2015, SEC.3. Amended by P.L.58-2023, SEC.30.