Section 3-13-9-4 - Office of town council member(a) This section applies to a vacancy in the town council:(1) not covered by section 1 of this chapter; or(2) covered by section 1 of this chapter, but not filled by a major political party by the applicable deadline set forth in IC 3-13-11-3.(b) The vacancy shall be filled by the remaining members of the council at a regular or special meeting.(c) The town clerk-treasurer shall give notice of the meeting. Except as provided in subsections (e), (f), (g), and (h), the meeting shall be held not later than thirty (30) days after:(1) the vacancy occurs if the vacancy is not covered by section 1 of this chapter; or(2) the applicable deadline for a major political party to fill the vacancy as set forth in IC 3-13-11-3.(d) The notice must: (2) state the purpose of the meeting;(3) state the date, time, and place of the meeting; and(4) be sent by first class mail to each council member at least ten (10) days before the meeting.(e) If a vacancy:(1) is not covered by subsection (f) or section 1 of this chapter; and(2) exists because a circumstance has occurred under IC 36-5-2-6.5(3); the town council shall meet and select an individual to fill the vacancy not later than thirty (30) days after the town council determines that a circumstance has occurred under IC 36-5-2-6.5(3).
(f) If a vacancy: (1) is not covered by subsection (e) or section 1 of this chapter; and(2) exists because a circumstance has occurred under IC 36-5-2-6.5(2); the town council shall meet and select an individual to fill the vacancy not later than thirty (30) days after the town clerk-treasurer receives notice of the death under IC 5-8-6. The town clerk-treasurer may not give the notice required by subsection (c) until the town clerk-treasurer receives notice of the death under IC 5-8-6.
(g) If a vacancy: (1) is covered by section 1 of this chapter and not covered by subsection (h);(2) exists because a circumstance has occurred under IC 36-5-2-6.5(3); and(3) exists for more than thirty (30) days; the council shall meet and select an individual to fill the vacancy not later than sixty (60) days after the town council determines that a circumstance has occurred under IC 36-5-2-6.5(3).
(h) If a vacancy: (1) is covered by section 1 of this chapter and not covered by subsection (g);(2) exists because a circumstance has occurred under IC 36-5-2-6.5(2); and(3) exists for more than thirty (30) days; the council shall meet and select an individual to fill the vacancy not later than sixty (60) days after the town clerk-treasurer receives notice of the death under IC 5-8-6. The town clerk-treasurer may not give the notice required by subsection (c) until the town clerk-treasurer receives notice of the death under IC 5-8-6.
Pre-1986 Recodification Citation: 3-2-10-6 part.
Amended by P.L. 278-2019,SEC. 159, eff. 7/1/2019.As added by P.L. 5-1986, SEC.9. Amended by P.L. 3-1987, SEC.451; P.L. 8-1989, SEC.11; P.L. 4-1991, SEC.129; P.L. 174-2002, SEC.1; P.L. 1-2003, SEC.7; P.L. 119-2005, SEC.18.