Indiana § 36-9-35-4 - Boards of trustees; removal from office; appeals

§ 36-9-35-4. Boards of trustees; removal from office; appeals

Sec. 4. (a) Notwithstanding IC 8-1.5, IC 36-9-23, IC 36-9-24, IC 36-9-25, or any other law, a board member may not be removed from office except upon charges preferred before the city executive and a hearing held on them. The only permissible reasons for removal are neglect of duty and incompetence. The board member 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 city executive shall prepare written findings and file them with the city clerk.

(b) If the charges are sustained and the board member removed, the board member 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 city is located. The board member must file the appeal against the executive stating the charges preferred and the findings made. The court shall hear the appeal de novo without a jury within thirty (30) days after the appeal is filed and shall either ratify or reverse the findings of the executive. The judgment of the court is final and an appeal may not be taken.

As added by P.L.320-1989, SEC.3.

IC 36-9-36Chapter 36. Barrett Law Funding for Counties and Municipalities

36-9-36-1Application of chapter 36-9-36-2Authorized improvements 36-9-36-3Limitations on authorized improvements; location of improvement; water main extensions 36-9-36-4Preliminary resolutions; cross-sections, plans, and specifications 36-9-36-5Estimate of costs; incidental, inspection, and engineering costs 36-9-36-6Incidental, inspection, and engineering costs; inclusion on assessment roll 36-9-36-7Incidental, inspection, and engineering costs; inclusion in contracts; subrogation rights of contractor 36-9-36-8Notice of hearing on preliminary resolution; publication; mailing to property owners 36-9-36-9Estimate of maximum cost 36-9-36-9.5Assessments; installment payments 36-9-36-10Hearing on preliminary resolution; determination of special benefits accruing to property 36-9-36-11Levy of special assessments; improvement cost as maximum amount of assessment; improvement cost payable by unit 36-9-36-12Allowances against assessment and contract price 36-9-36-13Confirmation, modification, or rescission of preliminary resolution 36-9-36-14Remonstrances and appeals 36-9-36-15Objections to final resolution; filing; bond; prior assessments 36-9-36-16Court hearing on objections to final resolution 36-9-36-17Construction or repair of sidewalks and curbs; notice to abutting property owner of order requiring construction or repair 36-9-36-18Contracting by works board for construction or repair of sidewalk or curb 36-9-36-19Levy and collection of assessments for construction or repair of sidewalk or curb 36-9-36-20Improvements on streets occupied by railroad tracks; procedure 36-9-36-21Roadway grading; assessment 36-9-36-22Advertisement for bids; opening and consideration of bids 36-9-36-23Bid bond or deposit 36-9-36-24Contracts; scope; actions to enjoin performance 36-9-36-25Contractor's guarantee 36-9-36-26Repairs by contractor 36-9-36-27Monthly payments to contractor 36-9-36-28Completed improvements; acceptance; cost estimates 36-9-36-29Assessments; abutting lands or lots; street and alley intersections 36-9-36-30Assessments; basis; back lots; platted subdivisions 36-9-36-31Preparation of assessment roll 36-9-36-32Presumptive finality of assessments; publication of notice 36-9-36-33Remonstrance hearings; final determination of assessments 36-9-36-34Completion and delivery of assessment roll; appeals 36-9-36-35Delivery of primary assessment roll; payment of assessments to disbursing officer 36-9-36-36Assessment installments; notice when due 36-9-36-37Cash payment of assessments; interest on delinquencies 36-9-36-38Appeal of assessment; payment by property owner following court certification 36-9-36-39Appeal of assessment; payment of part ordered to be assessed against unit 36-9-36-40Assessment liens 36-9-36-41Installment payment procedure; proceeds constituting special fund for payment of improvement; diversion prohibited 36-9-36-42Notice; payments to bond owner; process collectable by fiscal officer 36-9-36-43Delinquent installments; acceleration; foreclosure of lien; notice of delinquency 36-9-36-44Bonds in anticipation of assessment proceeds; authorization 36-9-36-45Bonds; date; tax exemption 36-9-36-46Bonds; maturation; interest rate 36-9-36-47Transfer of assessment liens to bond owners 36-9-36-48Bond owners; foreclosure actions; procedure 36-9-36-49Sale of property following foreclosure action; amount 36-9-36-50Negotiability of bonds 36-9-36-51Foreclosure actions by contractors 36-9-36-52Foreclosure actions; complaint; proof 36-9-36-53Foreclosure actions; defenses 36-9-36-54Foreclosure actions; amount of recovery; sale procedure 36-9-36-55Foreclosure sales; irregularities; redemption 36-9-36-56Foreclosure actions; parties; appearances; disposition of proceeds 36-9-36-57Foreclosure actions; payment of judgment; costs and attorney's fees; decree 36-9-36-58Foreclosure actions; copy of complaint forwarded to disbursing officer; certification to disbursing officer of dismissals and sheriff's sales 36-9-36-59Foreclosure actions; suspension of collection of assessments 36-9-36-60Reduction of installments 36-9-36-61Disposition of foreclosure proceeds contrary to chapter 36-9-36-62Improvement costs to be paid by unit; bonds and certificates of indebtedness 36-9-36-63Certificates of indebtedness issued under IC 36-9-36-62; authorization; interest; payment; maturity date 36-9-36-64Funding for payment of certificates of indebtedness; special tax levy 36-9-36-65Special assessments to pay improvement costs; issuance of anticipatory certificates 36-9-36-66Correction of defects and irregularities 36-9-36-67Surface improvements on public ways; performance by municipality; procedure