Note: This version of section effective 1-1-2024. See also preceding version of this section, effective until 1-1-2024.

     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 v2

  • 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.
     (b) The town legislative body may select a town legislative body member, who shall assume the duties of the office of town clerk-treasurer. For purposes of Article 2, Section 9 of the Constitution of the State of Indiana and Indiana law, if a town legislative body member serves as the ex officio town clerk-treasurer, the duties assumed by the town legislative body member:

(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 either:

(1) 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, provided that 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; or

(2) 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, provided that the contract may not last longer than the remainder of the vacant clerk-treasurer’s term.

     (d) If, after reasonable diligence, the town is unable to meet the requirements under subsection (c), the town may hire any qualified person to perform the duties of the clerk-treasurer’s office until the vacancy can be filled under IC 3-13-9-3, or until the end of the current clerk-treasurer’s term, whichever is first.

As added by P.L.120-2015, SEC.3. Amended by P.L.58-2023, SEC.30.

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