Section 36-2-8.7-7 - Required physical presence during office hours; defenses; exceptions(a) A county officer must be physically present in the county officer's office during regular office hours for a reasonable amount of time each month during the county officer's term of office.(b) A county officer may be removed from office by the court under IC 5-8-1-35, if the county officer is in violation of this section during one (1) or more months of the county officer's term. However, it is a defense to any action brought under IC 5-8-1-35 asserting a violation of this section, that the county officer's failure to be physically present in the county officer's office was due to: (1) the serious illness of the county officer or the county officer's spouse, parent, child, or stepchild; or(2) military service of the county officer. The defense is available in any action brought under IC 5-8-1-35 regardless of whether the action is brought by a person or upon resolutions adopted by the county executive or fiscal body under this chapter.
(c) A county officer: (1) does not violate this section; and(2) may not be removed from office under IC 5-8-1-35; for being physically absent from the county officer's office during any month in which a declaration of a local disaster emergency under IC 10-14-3-29 is in effect for at least one (1) work day in the county or in the municipality in which the county officer's office is located.
As added by P.L.169-2021, SEC.2.