Indiana § 36-9-25-5 - Commissioners; removal from office; appeals
Full text of Indiana Indiana Code § 36-9-25-5 — Commissioners; removal from office; appeals, with citation guidance and answers to common questions.
§ 36-9-25-5. Commissioners; removal from office; appeals
Sec. 5. (a) A commissioner may not be removed from office except upon charges preferred before the municipal executive and a hearing held on them. The only permissible reasons for removal are neglect of duty and incompetence. The commissioner must be given at least ten (10) days' notice of the time and place of the hearing and the opportunity to produce evidence and examine and cross-examine witnesses. All testimony shall be given under oath. The municipal executive shall put the municipal executive's findings in writing and file them with the municipal clerk.
(b) If the charges are sustained and the commissioner removed, the commissioner may appeal the findings within ten (10) days after the date they are filed with the clerk to the circuit or superior court of the county in which the municipality is located. The commissioner shall file an original complaint against the executive, stating the charges preferred and the findings made. The court shall hear the appeal within thirty (30) days after it is filed without a jury and shall either ratify or reverse the finding of the executive. The judgment of the court is final and an appeal may not be taken.
[Pre-Local Government Recodification Citation: 19-2-14-1 part.]
As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.127-2017, SEC.317.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 36-9-25-5
What does Indiana Code § 36-9-25-5 cover?
Section 36-9-25-5 ("Commissioners; removal from office; appeals") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 36-9-25-5?
A common citation format is "Indiana Code § 36-9-25-5" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 36-9-25-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.