Indiana § 36-5-6-9 Vacancy in office

Indiana Statutes

§ 36-5-6-9 — Vacancy in office

Indiana § 36-5-6-9

Title 36LOCAL GOVERNMENT

Art. 5GOVERNMENT OF TOWNS

Ch. 6Town Clerk-Treasurer

This text of Indiana § 36-5-6-9 (Vacancy 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 § 36-5-6-9 (2026).

Text

(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.

Free access — add to your briefcase to read the full text and ask questions with AI

(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.