Indiana § 36-6-4-16 Incapacity; petition; hearing; acting executive; salaries; restoration of
capacity; resumption of duties

Indiana Statutes

§ 36-6-4-16 — Incapacity; petition; hearing; acting executive; salaries; restoration of capacity; resumption of duties

Indiana·Title 36 LOCAL GOVERNMENT·Art. 6 GOVERNMENT OF TOWNSHIPS·Ch. 4 Township Executive

(a)When twenty-five (25) or more resident freeholders of a township file a petition with the circuit court, superior court, or probate court of the county, alleging that the township executive is incapable of performing the executive's duties due to mental or physical incapacity, the clerk of the court shall issue a summons to be served on the executive. The summons is returnable not less than ten (10) days from its date of issue.

(b)Immediately following the return date set out on the summons, the circuit court, superior court, or probate court shall hold a hearing on the matter alleged in the petition. After hearing the evidence and being fully advised, the court shall enter its findings and judgment.

(c)If the court finds the executive incapable of performing the duties of office, th

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

(a) When twenty-five (25) or more resident
freeholders of a township file a petition with the circuit court, superior
court, or probate court of the county, alleging that the township
executive is incapable of performing the executive's duties due to
mental or physical incapacity, the clerk of the court shall issue a
summons to be served on the executive. The summons is returnable not
less than ten (10) days from its date of issue.
(b) Immediately following the return date set out on the summons,
the circuit court, superior court, or probate court shall hold a hearing
on the matter alleged in the petition. After hearing the evidence and
being fully advised, the court shall enter its findings and judgment.
(c) If the court finds the executive incapable of performing the
duties of office, the clerk of the court shall certify a copy of the
judgment to the county executive, which shall, within five (5) days,
appoint a resident of the township as acting executive of the township
during the incapacity of the executive.
(d) The acting executive shall execute and file a bond in an amount
fixed by the county auditor. After taking the oath of office, the acting
executive has all the powers and duties of the executive.
(e) The acting executive is entitled to the salary and benefits
provided by this article for the executive.
(f) When an incapacitated executive files a petition with the circuit
court, superior court, or probate court of the county alleging that the
executive is restored to mental or physical ability to perform the duties
of office, the court shall immediately hold a hearing on the matters
alleged. After hearing the evidence and being fully advised, the court
shall enter its findings and judgment.
(g) If the court finds the executive capable of resuming duties, the
clerk of the court shall certify a copy of the judgment to the county
executive, which shall, within five (5) days, revoke the appointment of
the acting executive.
(h) For purposes of this section, the board of county commissioners
is considered the executive of a county having a consolidated city.
[Pre-Local Government Recodification Citations: 17-4-9-1;
17-4-9-2; 17-4-9-3; 17-4-9-4.]
As added by Acts 1980, P.L.212, SEC.5. Amended by
P.L.1-2010, SEC.148; P.L.84-2016, SEC.177.

Indiana § 36-6-4-16 (Incapacity; petition; hearing; acting executive; salaries; restoration of capacity; resumption of duties) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.