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
Article 2. Government of Counties Generally
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
36-2-2-4.7. Dividing the County Into Districts; Ordinance, Resolution
36-2-2-5. Eligibility; Forfeiture of Office; Number Elected
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
36-2-2-12. 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
36-2-2-16. Accounts Chargeable Against County; Sums for Expenses
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
36-2-2-23. 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
36-2-2-28. 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