Indiana Code 36-5-6-9. Vacancy in office
Sec. 9. (a) This section applies if an office of town clerk-treasurer is vacant and the town legislative body is unable to fill the office under IC 3-13-9-3.
Terms Used In Indiana Code 36-5-6-9
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- Contract: A legal written agreement that becomes binding when signed.
- Ex officio: Literally, by virtue of one's office.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(1) are considered part of the duties prescribed by law for the office of town legislative body member; and
(2) are not considered a second office.
A town legislative body member may not receive any additional compensation for assuming the duties of the town clerk treasurer.
(c) The town legislative body may enter into an interlocal agreement under IC 36-1-7 with the town clerk-treasurer and town legislative body of another town in the state to assist the town legislative body member selected under subsection (b) in performing the duties of the clerk-treasurer’s office. The agreement may not last longer than the remainder of the vacant clerk-treasurer’s term and must meet the requirements of IC 36-1-7.
(d) If an agreement cannot be reached under subsection (c), the town legislative body may enter into a contract with a certified public accountant to assist the town legislative body member selected under subsection (b) in performing the duties of the clerk-treasurer’s office. The contract may not last longer than the remainder of the vacant clerk-treasurer’s term.
As added by P.L.120-2015, SEC.3.