§ 36-8-7-5 — Trustees; election of active members

(a) An election shall be held each year under
this section to elect one (1) trustee from the active members of the fire
department for a term of four (4) years, commencing on the day of the
trustee's election. The fire chief shall fix a time for holding a
convention to nominate candidates for trustees to be elected at each
election. Each convention must be held at least five (5) days before the
day on which the annual election is held. A convention consists of one
(1) delegate from each fire company and one (1) delegate to be selected
by the chief and the chief's assistants. The delegate from each fire
company shall be elected by ballot by the members of the company at
a time to be fixed by the chief in the call for a convention. The election
of delegates shall be certified by the captain or other officer of the
company, or, if there is not an officer present, then by the oldest
member of the company present. The convention, when assembled,
shall nominate six (6) members of the fire department to be voted upon
as trustees, and the delegates shall report the names of the persons
nominated as candidates to their respective companies in writing.
(b) The local board may amend the bylaws of the fund to elect the
trustee from the active members of the fire department in an election
held on any three (3) consecutive days in February specified in the
bylaws. The election shall be called by the fire chief and held at the
house or quarters of the respective companies of the fire department.
Subject to this section, the election shall be conducted in the manner
specified in the bylaws.
(c) This subsection applies only if the local board does not elect to
be governed by subsection (b). The election shall be held at the houses
or quarters of the respective companies on the second Monday in
February between 9 a.m. and 6 p.m.
(d) Each member of a fire company is entitled to one (1) ballot, and
the ballot may not contain the names of more than one (1) person,
chosen from the six (6) persons nominated by the convention. The
candidate receiving the highest number of votes is elected.
(e) The captain or other officer in command of each of the fire
companies, immediately after the casting of all ballots, shall canvass
and count the ballots. The captain or other officer shall certify in
writing the total number of ballots cast and the number of votes
received by each candidate for the office of trustee. After signing the
certificate, the officer shall enclose it, together with all the ballots cast
by the fire company, in an envelope, securely sealed and addressed,
and deliver them to the fire chief. The fire chief shall deliver them to
the executive of the unit as soon as the chief receives all the certificates
and ballots. Upon receipt the executive shall, in the presence of the
chief and the clerk of the unit, open the envelopes, examine the
certificates, and determine the total number of votes cast for each of the
candidates. The executive shall then issue a certificate of election to the
candidate having received the highest number of votes. If two (2) or
more candidates have received the same number of votes, the executive
and the chief shall immediately determine by lot who will be trustee
from the persons receiving an equal number of votes. An election may
not be set aside for lack of formality in balloting by the members or in
certifying or transmitting the returns of an election by the officers in
charge.
(f) This section does not apply to a township if the fire department
of the township is consolidated under IC 36-3-1-6.1.
[Pre-Local Government Recodification Citations: subsection
(a) formerly 19-1-37-4; subsection (b) formerly 19-1-37-6;
subsection (c) formerly 19-1-37-8.]
As added by Acts 1981, P.L.309, SEC.57. Amended by
P.L.170-1994, SEC.2; P.L.227-2005, SEC.41; P.L.127-2017,
SEC.249.