§ 36-6-4.5-8 — County fiscal body; petitioning court; public hearing; resolution

Indiana § 36-6-4.5-8

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 6: GOVERNMENT OF TOWNSHIPS
• Ch. 4.5: Removal of Township Executive from Office

Text

(a) Upon receiving a resolution certified by the
county executive under section 7 of this chapter, the county fiscal body
may adopt a resolution to initiate the process of petitioning a court to
remove the township executive from office under IC 5-8-1-35.
(b) At least one (1) public hearing must be held by the county fiscal
body on the resolution at least ten (10) business days before the
resolution is adopted. The resolution must contain a concise statement
of the underlying basic facts that support the county fiscal body's
finding that the township executive committed a violation. The finding
and statement of underlying basic facts supporting the finding must be
identical to those in the resolution adopted by the county executive.
(c) The resolution must be adopted by an affirmative vote of at least:
(1) five (5) members, in the case of a county fiscal body under IC 36-2-3-2(a);
(2) seven (7) members, in the case of a county fiscal body under
IC 36-2-3-2(b); or
(3) seventeen (17) members, in the case of a county fiscal body of
a county that has a consolidated city under IC 36-3-4-2.
(d) The county fiscal body shall certify the resolution to:
(1) the county executive;
(2) the township legislative body;
(3) the township executive; and
(4) the clerk of the court in which the action is filed under IC 5-8-1-35;
not later than ten (10) days after the resolution is adopted, or the
resolution is void.

Legislative History

As added by P.L.24-2022, SEC.6.