Indiana § 36-4-5-8 - Absence or inability of executive; designation and service of acting executive

§ 36-4-5-8. Absence or inability of executive; designation and service of acting executive

Sec. 8. (a) Whenever the executive is absent or going to be absent from the city, ill, or injured, the executive may designate:

(1) the deputy mayor, if that position has been established under IC 36-4-9-7; or

(2) a member of the city legislative body;

as acting executive, with all the powers of the office. The executive may exercise this power for a maximum of fifteen (15) days in any sixty (60) day period.

(b) A designation under subsection (a) shall be certified to the president or president pro tempore and clerk of the city legislative body. In addition, when the executive resumes the executive's duties, the executive shall certify to those officers the expiration of the designation.

(c) Whenever the president or president pro tempore of the city legislative body files with the circuit court, superior court, or probate court of the county in which the city is located a written statement suggesting that the executive is unable to discharge the powers and duties of the executive's office, the circuit court, superior court, or probate court shall convene within forty-eight (48) hours to decide that question. After that, when the executive files with the circuit court, superior court, or probate court the executive's written declaration that no inability exists, the circuit court, superior court, or probate court shall convene within forty-eight (48) hours to decide whether that is the case. Upon a decision that no inability exists, the executive shall resume the powers and duties of the executive's office.

(d) If the circuit court, superior court, or probate court decides under subsection (c) that the executive is unable to discharge the powers and duties of the executive's office, then:

(1) the deputy mayor, if that position has been established under IC 36-4-9-7; or

(2) the president of the legislative body in a second class city, or the president pro tempore of the legislative body in a third class city, if there is no deputy mayor;

shall serve as acting executive, with all the powers of the office. A person may serve as acting executive for a maximum of six (6) months under this subsection. The city legislative body may appropriate funds to compensate a person acting as executive under subsection (d).

As added by P.L.349-1983, SEC.1. Amended by P.L.84-2016, SEC.173.