Required physical presence during office hours; defenses; exceptions
Ind. Code § 36-2-8.7-7
in effectSec. 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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026