§ 36-7-4-218 — Membership of commission; terms and removal of citizen members

(a) When an initial term of office of a
citizen member expires, each new appointment of a citizen member is:
(1) for a term of four (4) years (in the case of a municipal, county,
or area plan commission);
(2) for a term of three (3) years (in the case of a metropolitan plan
commission); or
(3) for a term of one (1), two (2), or three (3) years, as designated
by the appointing authority (in the case of the metropolitan
development commission).
A member serves until the member's successor is appointed and
qualified. A member is eligible for reappointment.
(b) ADVISORY. Upon the establishment of a nine (9) member
municipal plan commission, the citizen members shall initially be
appointed for the following terms of office:
(1) One (1) for a term of two (2) years.
(2) Two (2) for a term of three (3) years.
(3) Two (2) for a term of four (4) years.
Upon the establishment of a seven (7) member municipal plan
commission, two (2) citizen members shall initially be appointed for a
term of three (3) years and two (2) shall initially be appointed for a
term of four (4) years. Each member's term expires on the first Monday
of January of the second, third, or fourth year, respectively, after the
year of the member's appointment.
(c) ADVISORY. Upon the establishment of a county plan
commission, the citizen members shall initially be appointed for the
following terms of office:
(1) One (1) for a term of one (1) year.
(2) One (1) for a term of two (2) years.
(3) One (1) for a term of three (3) years.
(4) Two (2) for a term of four (4) years.
Each member's term expires on the first Monday of January of the first,
second, third, or fourth year, respectively, after the year of the
member's appointment.
(d) ADVISORY. Upon the establishment of a metropolitan plan
commission, the citizen members shall initially be appointed for the
following terms of office:
(1) Three (3) for a term of one (1) year, one (1) appointed by the
county legislative body and two (2) by the city executive.
(2) Two (2) for a term of two (2) years, one (1) by each appointing
authority.
(3) Two (2) for a term of three (3) years, one (1) by each
appointing authority.
(e) AREA. If there is one (1) citizen member on the area plan
commission, the member's initial term of office is one (1) year. If there
are two (2) citizen members, one (1) shall be appointed for a term of
one (1) year and one (1) for a term of two (2) years. If there are three
(3) or more citizen members, one (1) shall be appointed for a term of
one (1) year, one (1) for a term of two (2) years, one (1) for a term of
three (3) years, and any remainder for a term of four (4) years. Each
member's term expires on the first Monday of January of the first,
second, third, or fourth year, respectively, after the year of the
member's appointment.
(f) ADVISORY─AREA. The appointing authority may remove a
member from the plan commission for cause. The appointing authority
must mail notice of the removal, along with written reasons for the
removal, to the member at the member's residence address. A member
who is removed may, within thirty (30) days after receiving notice of
the removal, appeal the removal to the circuit or superior court of the
county. The court may, pending the outcome of the appeal, order the
removal or stay the removal of the member.
(g) METRO. The appointing authority may remove a citizen
member from the metropolitan development commission. The
appointing authority must mail notice of the removal, along with
written reasons, if any, for the removal, to the member at the member's
residence address. A member who is removed may not appeal the
removal to a court or otherwise.
[Pre-Local Government Recodification Citations: 18-4-8-8
part; 18-7-2-6; 18-7-2-8 part; 18-7-3-4 part; 18-7-4-218; 18-7-4-14;
18-7-5-10; 18-7-5-14.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts
1981, P.L.310, SEC.11; P.L.192-1984, SEC.5; P.L.127-2017,
SEC.171.