Indiana Code 6-1.1-20.3-7.5. Appointment of emergency manager; representation by attorney general and immunity from civil liability for emergency manager, chief financial officer, and chief academic officer
(b) If a political subdivision is designated as a distressed political subdivision under this chapter, the board shall appoint an emergency manager for the distressed political subdivision. An emergency manager serves at the pleasure of the board. For purposes of IC 34-13, an emergency manager appointed under this section is acting on behalf of the distressed political subdivision and not the state.
Terms Used In Indiana Code 6-1.1-20.3-7.5
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- board: refers to the distressed unit appeal board established by section 4 of this chapter. See Indiana Code 6-1.1-20.3-1
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- distressed political subdivision: means a political subdivision designated as a distressed political subdivision under this chapter. See Indiana Code 6-1.1-20.3-2
- political subdivision: has the meaning set forth in IC 36-1-2-13. See Indiana Code 6-1.1-20.3-3
(d) Except as provided in this chapter, the distressed political subdivision shall pay the emergency manager’s compensation and reimburse the emergency manager for actual and necessary expenses.
(e) An emergency manager, a chief financial officer, or a chief academic officer is immune from civil liability for an act or omission within the scope and arising out of the performance of duties prescribed by the board under this chapter. This subsection does not apply to an act or omission that constitutes gross negligence or willful misconduct.
(f) The attorney general shall represent a member of the distressed unit appeal board, an emergency manager, a chief financial officer, or a chief academic officer in a legal action arising out of the exercise of powers granted under this chapter, if the member of the distressed unit appeal board, emergency manager, chief financial officer, or chief academic officer makes a written request to the attorney general requesting representation. The attorney general may not represent an emergency manager, a chief financial officer, or a chief academic officer under this subsection if the legal action is initiated or the claim is asserted by the emergency manager or the distressed political subdivision. If the attorney general represents a member of the distressed unit appeal board, an emergency manager, a chief financial officer, or a chief academic officer under this subsection, the member of the distressed unit appeal board, emergency manager, chief financial officer, or chief academic officer is entitled to recover attorney’s fees from the losing party to the extent the member of the distressed unit appeal board, emergency manager, chief financial officer, or chief academic officer prevails. Any attorney’s fees recovered shall be deposited in the state general fund.
As added by P.L.145-2012, SEC.8. Amended by P.L.257-2013, SEC.22; P.L.234-2013, SEC.4; P.L.2-2014, SEC.22; P.L.241-2017, SEC.10; P.L.213-2018(ss), SEC.8; P.L.184-2023, SEC.8.