Sec. 8. (a) Records compiled by the commissioner, or certified copies of those records, are admissible in any legal proceeding and have the force that the same testimony would have if it were delivered orally. Complete or partial copies of a volume of the commissioner's records may be certified by the commissioner if the commissioner has custody of the volume; otherwise, the county officer having custody of the volume may certify copies. Certified copies of the commissioner's record have the same evidentiary force as the commissioner's record.
(b) If the county executive finds that the commissioner is incompetent or that the commissioner unreasonably delays or neglects the commissioner's duties, it may, by an order on the record, remove the commissioner from office and appoint a successor. An order of removal is not appealable.
(c) If more than twelve (12) months have passed since the commissioner commenced the commissioner's duties, the county executive may give the commissioner twenty (20) days notice to terminate the commissioner's proceedings. After twenty (20) days, the duties of the commissioner's office cease. However, the county executive may subsequently authorize the commissioner to resume the commissioner's duties for a limited period of time.
(d) All expenses of books, stationery, and per diems under this section and section 7 of this chapter shall be paid by the county.
[Pre-Local Government Recodification Citations: 5-15-8-11; 5-15-8-16 part; 5-15-8-17; 5-15-8-18 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.105.
Structure Indiana Code
Article 2. Government of Counties Generally
36-2-17-1. Application of Chapter
36-2-17-2. Keeping Records in Offices; Delivery to Successors; Use of Permanent Ink; Violation
36-2-17-3. Photostatic Recording of Documents; Force of Recording
36-2-17-5. Preservation of Records; Restoration of Destroyed Records; Copies; Control of Records
36-2-17-6. Destruction of Records; Meetings; List; Replacement; Appointment of Commissioner
36-2-17-7. Destruction of Records; Powers and Duties of Commissioner; Procedures
36-2-17-14. Bond for County Officer Destroyed; New Bond; Liability