Action by council.

Indianapolis-Marion County Revised Code § 151-1128

in effect

Sec. 151-1128. - Action by council. (a) Respondent has the right to appeal to the council any recommendation by the ethics committee and request a hearing. Such request shall be filed with the clerk of the council within ten (10) days after the ethics committee adopts its recommendation. On filing of the appeal the clerk shall forthwith prepare a transcript or video record of the committee hearing, along with all exhibits and minutes of the hearing and committee deliberations and deliver copies to each councilor. (b) If an appeal is filed by respondent, action on the committee report and resolution shall be postponed until after the hearing is concluded. (c) At the first regular meeting of the council after an appeal is filed, the council by simple majority vote of those voting shall decide whether the appeal shall be held on the record of the ethics committee hearing or a hearing de novo shall be held. The president of the council shall schedule such hearing before the council at a regular or called meeting within thirty (30) days of the filing of the request by respondent. (d) If the council schedules a hearing on the record, no additional evidence shall be received at the hearing. The respondent and complainant, in that order, shall each have fifteen (15) minutes to present arguments on the appeal. (e) If a hearing de novo is held: (1) The president, or if president be the respondent, the vice-president, may preside or may appoint the general counsel or another qualified person to preside; and if the person who is appointed to preside is not a councilor, such person shall not be entitled to vote and whenever the complainant, respondent or a council member objects to a ruling of the presiding officer, such ruling may be appealed to the council, which ruling shall be sustained unless a majority of the council vote to overrule the presiding officer; (2) The presiding officer, with consent of the council, may establish reasonable limits for presentation and closing arguments; (3) Complainant shall present evidence to support the statement of allegation and may be represented by counsel employed by complainant; (4) Respondent may present evidence in response to complainant's evidence and may be represented by counsel employed by respondent; (5) Complainant and respondent shall in order be allowed closing arguments; and (6) The hearing shall be open to the public. (f) The council shall act on the recommendation of the ethics committee by adopting the recommendation, modifying the recommendation, or determining that no action be taken. (G.O. 7, 2010, § 2; G.O. 55, 2023, § 1)

Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIORAD_CH151CIUNCO_ARTXIETCOCO_DIV2PRINALVIETST_S151-1128ACCOFetched: 10/27/2026