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

     Sec. 18. (a) Within thirty (30) days after taking office, the executive shall designate a person who shall perform the executive’s duties whenever the executive is incapable of performing the executive’s functions because the executive:

Terms Used In Indiana Code 36-6-4-18 v2

  • Contract: A legal written agreement that becomes binding when signed.
  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
(1) is absent from the township; or

(2) becomes incapacitated.

The executive shall give notice of the designation to the chair of the township legislative body, the county sheriff, and any other persons that the executive chooses. The designee shall have all the powers of the executive. The executive is responsible for all acts of the designee. The executive may change the designee under this section at any time.

     (b) The designee shall perform the executive’s duties until:

(1) the executive is no longer absent from the township; or

(2) an acting executive is appointed by the county executive under section 16 of this chapter.

     (c) If the executive is unable to perform the fiscal requirements of the executive’s position, the township shall hire or contract with a qualified certified public accountant to:

(1) provide guidance to the executive regarding the performance of the executive’s responsibilities; or

(2) perform the executive’s fiscal responsibilities.

The executive is considered to be unable to perform the fiscal requirements of the executive’s position if the township is declared unauditable under IC 5-11-1-9(b).

As added by P.L.105-1986, SEC.3. Amended by P.L.21-2002, SEC.1; P.L.127-2017, SEC.160; P.L.58-2023, SEC.33.