Sec. 2. (a) A vacancy in the office of township trustee:
(1) not covered by section 1 of this chapter; or
(2) covered by section 1 of this chapter, but not filled by a major political party by the applicable deadline set forth in IC 3-13-11-3;
shall be filled by the board of commissioners of the county at a regular or special meeting.
(b) The county auditor shall give notice of the meeting.
(c) The meeting shall be held not later than thirty (30) days after:
(1) the vacancy occurs, if the vacancy is not covered by section 1 of this chapter; or
(2) the applicable deadline for a major political party to fill the vacancy as set forth in IC 3-13-11-3.
(d) The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each commissioner at least ten (10) days before the meeting.
(e) If the vacancy:
(1) is not covered by section 1 of this chapter; and
(2) exists because of the death of the township trustee;
the meeting required by subsection (c) shall be held not later than thirty (30) days after the county auditor receives notice of the death under IC 5-8-6. The county auditor may not give the notice required by subsection (b) until the county auditor receives notice of the death under IC 5-8-6.
(f) If the vacancy:
(1) is covered by section 1 of this chapter;
(2) exists because of the death of the township trustee; and
(3) exists for more than thirty (30) days;
the meeting required under subsection (c) shall be held not later than sixty (60) days after the county auditor receives notice of the death under IC 5-8-6. The county auditor may not give the notice required by subsection (b) until the county auditor receives notice of the death under IC 5-8-6.
[Pre-1986 Recodification Citation: 3-2-10-3(a) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.452; P.L.14-2004, SEC.170; P.L.119-2005, SEC.19; P.L.278-2019, SEC.160.
Structure Indiana Code
Chapter 10. Vacancies in Township Offices Not Held by a Major Party
3-13-10-1. Vacancy in Office Held by Candidate of Major Political Party
3-13-10-1.5. Meeting Held Before Vacancy Exists; Notice of Meeting
3-13-10-2. Office of Township Trustee
3-13-10-3. Office of Township Assessor
3-13-10-5. Office of Judge or Constable of Small Claims Court
3-13-10-6. Vacating Office by Incumbent Pending Outcome of Election Contest
3-13-10-7. Bond, Oath, Rights, and Duties of Person Filling Vacancy