Indiana § 36-2-8-6 - Division of compensation prohibited; offense

§ 36-2-8-6. Division of compensation prohibited; offense

Sec. 6. A:

(1) deputy or employee of a county officer who knowingly divides the deputy's or employee's compensation with the officer or another person in consideration of employment; or

(2) county officer or other person who knowingly accepts such a division of compensation;

commits a Class B misdemeanor.

[Pre-Local Government Recodification Citation: 17-3-71-1 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.50.

IC 36-2-8.5Chapter 8.5. ExpiredAs added by P.L.16-2009, SEC.33. Expired 1-1-2018 by P.L.16-2009, SEC.33.

IC 36-2-8.7Chapter 8.7. Initiation of Action for Removal of County Officer

36-2-8.7-1"County officer" 36-2-8.7-2Initiation of process to remove county officer from office 36-2-8.7-3Adoption of resolution by county executive 36-2-8.7-4Certification of resolution 36-2-8.7-5Adoption of resolution by county fiscal body 36-2-8.7-6Public hearing on resolution 36-2-8.7-7Required physical presence during office hours; defenses; exceptions

IC 36-2-8.7-1"County officer" Sec. 1. As used in this chapter, "county officer" refers to any of the following:

(1) A county auditor.

(2) A county treasurer.

(3) A county recorder.

(4) A county surveyor.

(5) A county assessor.

(6) A member of the county executive, if the county does not contain a consolidated city.

As added by P.L.169-2021, SEC.2. Amended by P.L.159-2025, SEC.3.

IC 36-2-8.7-2Initiation of process to remove county officer from office Sec. 2. (a) The county executive may initiate the process of petitioning a court to remove a county officer from office under IC 5-8-1-35 by adopting a resolution in accordance with this section.

(b) At least one (1) public hearing must be held by the county executive 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 executive's finding that the county officer committed a violation described in:

(1) section 7 of this chapter;

(2) IC 5-8-1-35(a)(1);

(3) IC 5-8-1-35(a)(2);

(4) IC 5-8-1-35(a)(3);

(5) IC 5-8-1-35(a)(4); or

(6) IC 5-8-1-35(a)(5).

As added by P.L.169-2021, SEC.2. Amended by P.L.159-2025, SEC.4.

IC 36-2-8.7-3Adoption of resolution by county executive Sec. 3. In the case of a county that:

(1) has a consolidated city, the resolution must be adopted by the county executive; or

(2) does not have a consolidated city, the resolution must be adopted by an affirmative vote of at least a majority of all members of the county executive.

As added by P.L.169-2021, SEC.2.

IC 36-2-8.7-4Certification of resolution Sec. 4. The county executive shall certify the resolution to:

(1) the county fiscal body;

(2) the county officer; and

(3) 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 date the resolution is adopted.

As added by P.L.169-2021, SEC.2.

IC 36-2-8.7-5Adoption of resolution by county fiscal body Sec. 5. Upon receiving a resolution certified by the county executive under section 4 of this chapter, the county fiscal body may adopt a resolution to initiate the process of petitioning a court to remove a county officer from office under IC 5-8-1-35.

As added by P.L.169-2021, SEC.2.

IC 36-2-8.7-6Public hearing on resolution Sec. 6. (a) 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 county officer committed a violation described in IC 5-8-1-35(a)(1), IC 5-8-1-35(a)(2), IC 5-8-1-35(a)(3), IC 5-8-1-35(a)(4), IC 5-8-1-35(a)(5), or section 7 of this chapter. The finding and statement of underlying basic facts supporting the finding must be identical to those in the resolution adopted by the county executive.

(b) 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.

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

(1) the county executive;

(2) the county officer; and

(3) 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.

As added by P.L.169-2021, SEC.2. Amended by P.L.159-2025, SEC.5.

IC 36-2-8.7-7Required physical presence during office hours; defenses; exceptions Sec. 7. (a) This section does not apply to a county officer described in section 1(6) of this chapter.

(b) A county officer must be physically present in the county officer's office during regular office hours for a reasonable amount of time each month during the county officer's term of office.

(c) A county officer may be removed from office by the court under IC 5-8-1-35, if the county officer is in violation of this section during one (1) or more months of the county officer's term. However, it is a defense to any action brought under IC 5-8-1-35 asserting a violation of this section, that the county officer's failure to be physically present in the county officer's office was due to:

(1) the serious illness of the county officer or the county officer's spouse, parent, child, or stepchild; or

(2) military service of the county officer.

The defense is available in any action brought under IC 5-8-1-35 regardless of whether the action is brought by a person or upon resolutions adopted by the county executive or fiscal body under this chapter.

(d) A county officer:

(1) does not violate this section; and

(2) may not be removed from office under IC 5-8-1-35;

for being physically absent from the county officer's office during any month in which a declaration of a local disaster emergency under IC 10-14-3-29 is in effect for at least one (1) work day in the county or in the municipality in which the county officer's office is located.

As added by P.L.169-2021, SEC.2. Amended by P.L.159-2025, SEC.6.

IC 36-2-9Chapter 9. County Auditor

36-2-9-1Application of chapter 36-2-9-2Residence; term of office 36-2-9-2.5County auditor training courses 36-2-9-3Location of office; business hours and days 36-2-9-4Legal action on days office is closed 36-2-9-5Replacement of worn maps and plats 36-2-9-6Standard forms for use in transaction of business 36-2-9-7Duties of clerk at county executive meetings 36-2-9-8Duties of clerk of fiscal body 36-2-9-9Administration of oath; acknowledgments of deeds and mortgages securing trust funds 36-2-9-10Suits against principals or sureties on obligations 36-2-9-11Treasurer's report; filing 36-2-9-12Money paid into treasury; account; receipts 36-2-9-13Appropriations by county fiscal body; accounting; warrants; violation; offense 36-2-9-14Drawing of warrants; necessity of appropriation; violation; offense 36-2-9-15Settlement of accounts and demands 36-2-9-16Claim; judgment or order issued by a court; warrant 36-2-9-17Calls for redemption of outstanding warrants at semiannual settlement; interest; violation 36-2-9-18Endorsement on deed; tax identification number; fee 36-2-9-19Personal liability for penalties and interest assessed by Internal Revenue Service; reimbursement by county treasurer 36-2-9-20County auditor maintenance of electronic data file on tax duplicate information; form of file; data transmission 36-2-9-21Establishment of fund for disposal fees; use of money; administration of fund 36-2-9-22County auditor unable to perform fiscal responsibilities