Ind. Code ch. 36-2-8.7

in effect

Ind. Code § 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.

Ind. Code § 36-2-8.7-2 Initiation 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.

Ind. Code § 36-2-8.7-3 Adoption 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.

Ind. Code § 36-2-8.7-4 Certification 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.

Ind. Code § 36-2-8.7-5 Adoption 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.

Ind. Code § 36-2-8.7-6 Public 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.

Ind. Code § 36-2-8.7-7 Required 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.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026