Sec. 5.6. (a) If fewer town council members have been elected at large than there were members to be elected, the town council shall determine, not later than December 31 following the election, the incumbent council member or members who hold office under Article 15, Section 3 of the Constitution of the State of Indiana until a successor is elected and qualified. If a tie vote occurs during the vote to determine the members that continue to hold office, the town clerk-treasurer casts the deciding vote under IC 36-5-2-8.
(b) The town clerk-treasurer shall give notice of the meeting.
(c) 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 member of the town council at least ten (10) days before the meeting.
As added by P.L.4-1991, SEC.131. Amended by P.L.38-1999, SEC.65.
Structure Indiana Code
Chapter 9. Vacancies in Town Offices Not Held or Filled by a Major Party
3-13-9-1. Vacancy of Office Held by Candidate of Major Political Party; Filling by Caucus
3-13-9-1.5. Meeting Held Before Vacancy Exists; Notice of Meeting
3-13-9-2. Office of Judge of Town Court
3-13-9-3. Office of Town Clerk-Treasurer
3-13-9-4. Office of Town Council Member
3-13-9-4.5. Office of Town Council Member When More Than 50% of Seats Are Vacant
3-13-9-5. Vacating Office by Incumbent Pending Outcome of Election Contest
3-13-9-5.5. Failure to Elect Town Council Member; Incumbent Holding Over
3-13-9-6. Bond, Oath, Rights, and Duties of Person Filling Vacancy