Sec. 6. (a) This section applies to a vacancy in the office of city clerk of a second class city not covered by section 1 of this chapter.
(b) A vacancy shall be filled by the mayor or acting mayor, subject to the approval of the common council. However, if a vacancy exists because of the death of the city clerk, the mayor or acting mayor may not fill the vacancy until the mayor or acting mayor receives notice of the death under IC 5-8-6.
(c) The common council shall vote on the question of approving the mayor or acting mayor's appointment at a regular or special meeting. The president of the common council shall give notice of the meeting, which shall be held not later than thirty (30) days after the appointment is made. 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 council member at least ten (10) days before the meeting.
[Pre-1986 Recodification Citation: 3-2-10-5(a) part, (b) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.443; P.L.119-2005, SEC.11.
Structure Indiana Code
Chapter 8. Vacancies in City Offices Not Held by a Major Party
3-13-8-1.5. Meeting Held Before Vacancy Exists; Notice of Meeting
3-13-8-2. Office of Judge of City Court
3-13-8-3. Office of Mayor of First Class City
3-13-8-4. City-County Council of First Class City
3-13-8-5. Office of Mayor of Second Class City
3-13-8-6. Office of City Clerk of Second Class City
3-13-8-7. Common Council of Second Class City
3-13-8-8. Office of Mayor of Third Class City
3-13-8-9. Office of City Clerk-Treasurer of Third Class City
3-13-8-10. Common Council of Third Class City
3-13-8-11. Vacating Office by Incumbent Pending Outcome of Election Contest
3-13-8-12. Bond, Oath, Rights, and Duties of Person Filling Vacancy