Sec. 16. (a) When twenty-five (25) or more resident freeholders of a township file a petition with the circuit court, superior court, or probate court of the county, alleging that the township executive is incapable of performing the executive’s duties due to mental or physical incapacity, the clerk of the court shall issue a summons to be served on the executive. The summons is returnable not less than ten (10) days from its date of issue.

     (b) Immediately following the return date set out on the summons, the circuit court, superior court, or probate court shall hold a hearing on the matter alleged in the petition. After hearing the evidence and being fully advised, the court shall enter its findings and judgment.

Terms Used In Indiana Code 36-6-4-16

  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Probate: Proving a will
  • Summons: Another word for subpoena used by the criminal justice system.
     (c) If the court finds the executive incapable of performing the duties of office, the clerk of the court shall certify a copy of the judgment to the county executive, which shall, within five (5) days, appoint a resident of the township as acting executive of the township during the incapacity of the executive.

     (d) The acting executive shall execute and file a bond in an amount fixed by the county auditor. After taking the oath of office, the acting executive has all the powers and duties of the executive.

     (e) The acting executive is entitled to the salary and benefits provided by this article for the executive.

     (f) When an incapacitated executive files a petition with the circuit court, superior court, or probate court of the county alleging that the executive is restored to mental or physical ability to perform the duties of office, the court shall immediately hold a hearing on the matters alleged. After hearing the evidence and being fully advised, the court shall enter its findings and judgment.

     (g) If the court finds the executive capable of resuming duties, the clerk of the court shall certify a copy of the judgment to the county executive, which shall, within five (5) days, revoke the appointment of the acting executive.

     (h) For purposes of this section, the board of county commissioners is considered the executive of a county having a consolidated city.

[Pre-Local Government Recodification Citations: 17-4-9-1; 17-4-9-2; 17-4-9-3; 17-4-9-4.]

As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.1-2010, SEC.148; P.L.84-2016, SEC.177.

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