Indiana Code
Chapter 2. County Executive
36-2-2-7. Disqualification of Executive in Quasi-Judicial Proceeding; Appointment of Special Members

Sec. 7. (a) If the executive finds that two (2) or more of its members are disqualified from acting in a quasi-judicial proceeding, the disqualified members shall cease to act in that proceeding. Within ten (10) days after the finding, the county auditor shall send a certified copy of the record of the proceeding to the judge of the circuit court, superior court, or probate court for the county. If the judge affirms the disqualification of the members of the executive, the judge shall appoint disinterested and competent persons to serve as special members of the executive in the proceeding.
(b) A person who consents to serve as a special member of the executive must have the same qualifications as an elected member of the executive. The person's appointment and oath shall be filed with the county auditor and entered on the records of the executive, and the person may act with the other members of the executive conducting the proceeding until a final determination is reached.
[Pre-Local Government Recodification Citations: 17-2-23-1; 17-2-23-2; 17-2-23-3.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.84-2016, SEC.165.

Structure Indiana Code

Indiana Code

Title 36. Local Government

Article 2. Government of Counties Generally

Chapter 2. County Executive

36-2-2-1. Application of Chapter

36-2-2-2. Board of Commissioners to Be County Executive

36-2-2-3. Election of Executive; Terms

36-2-2-4. Division of County Into Districts; Membership, Duties, and Compensation of County Redistricting Commission; Single-Member District Criteria; Recertification of Districts; Filing With Circuit Court Clerk; Time for Filing

36-2-2-4-b. Division of County Into Districts; Membership, Duties, and Compensation of County Redistricting Commission; Single-Member District Criteria; Recertification of Districts; Filing With Circuit Court Clerk; Time for Filing

36-2-2-4.5. Repealed

36-2-2-4.7. Dividing the County Into Districts; Ordinance, Resolution

36-2-2-5. Eligibility; Forfeiture of Office; Number Elected

36-2-2-6. Meetings

36-2-2-7. Disqualification of Executive in Quasi-Judicial Proceeding; Appointment of Special Members

36-2-2-8. Special Meeting; Notice

36-2-2-9. Location of Meetings

36-2-2-10. Business Day

36-2-2-11. Official Record of Proceedings; Certain Counties Posting Roll Call Votes on Internet Web Site

36-2-2-12. Appointments Made by Executive

36-2-2-13. County Officer; Employment; Requisites; Violation; Offense; Penalty

36-2-2-14. County Administrator; Appointment; Power and Duties; Vacancy

36-2-2-15. Administration of Oaths; Enforcement Powers of Executive; Execution of Executive Orders by County Sheriff

36-2-2-16. Accounts Chargeable Against County; Sums for Expenses

36-2-2-17. Audit of Accounts

36-2-2-18. Annual Settlement by Executive and County Treasurer

36-2-2-19. Annual Statement of County's Receipts and Expenditures; Posting and Publication

36-2-2-20. County Property; Sale; Acquisition; Orders; Ordinance

36-2-2-21. Repealed

36-2-2-22. Repealed

36-2-2-23. County Property; Licenses, Permits, or Franchises for Use; Utilities; State Consent

36-2-2-24. County Courthouse, Jail, and Public Offices

36-2-2-25. Notice, Report, or Statement; Cost of Publication; Violation; Offense

36-2-2-26. Repealed

36-2-2-27. Appeal of Decision of Executive; Aggrieved Party; Person Not Party to Proceeding; Time Limitation

36-2-2-28. Appeal of Decision of Executive; Appellant's Bond; Transcript of Proceedings

36-2-2-29. Appeal of Decision of Executive; Docket; Court Decision

36-2-2-30. Employment of Attorney to Represent and Advise Executive