§ 36-9-35-4 — Boards of trustees; removal from office; appeals

Indiana § 36-9-35-4

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 35: Water Departments in Certain Cities

Text

(a) Notwithstanding IC 8-1.5, IC 36-9-23, IC 36-9-24, IC 36-9-25, or any other law, a board member may not be
removed from office except upon charges preferred before the city
executive and a hearing held on them. The only permissible reasons for
removal are neglect of duty and incompetence. The board member
must be given at least ten (10) days notice of the time and place of the
hearing and the opportunity to produce evidence and examine and
cross-examine witnesses. All testimony shall be given under oath. The
city executive shall prepare written findings and file them with the city
clerk.
(b) If the charges are sustained and the board member removed, the
board member may appeal the findings within ten (10) days after the
date they are filed with the clerk to the circuit or superior court of the
county in which the city is located. The board member must file the
appeal against the executive stating the charges preferred and the
findings made. The court shall hear the appeal de novo without a jury
within thirty (30) days after the appeal is filed and shall either ratify or
reverse the findings of the executive. The judgment of the court is final
and an appeal may not be taken.

Legislative History

As added by P.L.320-1989, SEC.3.