§ 5-8-5-4 — Declaring vacancy on town council; notice of vacancy

(a) If the town council is reasonably satisfied that
any circumstance has occurred under IC 36-5-2-6.5(3), the council
may, by an affirmative vote of a majority of the members appointed to
the body, vote to declare a vacancy in the town council membership.
The member who is alleged to have vacated the member's seat may
participate in the meeting as a member, but may not vote on the issue.
(b) If the member who is the subject of the petition or motion does
not attend the meeting at which the town council makes the
determination that a vacancy exists, the town council shall mail notice
of its determination to the member.
(c) If the town council determines that a vacancy exists, the town
clerk-treasurer shall give the circuit court clerk notice of the
determination not later than five (5) days after the date of the town
council's determination. The circuit court clerk shall give notice to the
county chairman if a caucus is required under IC 3-13-11 to fill the
vacancy.

Legislative History

As added by P.L.174-2002, SEC.4. Amended by P.L.1-2003, SEC.18; P.L.119-2005, SEC.28.