Sec. 8. (a) Upon receiving a resolution certified by the county executive under section 7 of this chapter, the county fiscal body may adopt a resolution to initiate the process of petitioning a court to remove the township executive from office under IC 5-8-1-35.

     (b) At least one (1) public hearing must be held by the county fiscal body on the resolution at least ten (10) business days before the resolution is adopted. The resolution must contain a concise statement of the underlying basic facts that support the county fiscal body’s finding that the township executive committed a violation. The finding and statement of underlying basic facts supporting the finding must be identical to those in the resolution adopted by the county executive.

Terms Used In Indiana Code 36-6-4.5-8

  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • violation: means a violation set forth in, or a violation of any duty set forth under:

    Indiana Code 36-6-4.5-1

     (c) The resolution must be adopted by an affirmative vote of at least:

(1) five (5) members, in the case of a county fiscal body under IC 36-2-3-2(a);

(2) seven (7) members, in the case of a county fiscal body under IC 36-2-3-2(b); or

(3) seventeen (17) members, in the case of a county fiscal body of a county that has a consolidated city under IC 36-3-4-2.

     (d) The county fiscal body shall certify the resolution to:

(1) the county executive;

(2) the township legislative body;

(3) the township executive; and

(4) the clerk of the court in which the action is filed under IC 5-8-1-35;

not later than ten (10) days after the resolution is adopted, or the resolution is void.

As added by P.L.24-2022, SEC.6.

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