Sec. 6. (a) At least one (1) public hearing must be held by the county fiscal body on the resolution at least ten (10) business days before the resolution is adopted. The resolution must contain a concise statement of the underlying basic facts that support the county fiscal body's finding that the county officer committed a violation described in IC 5-8-1-35(a)(1), IC 5-8-1-35(a)(2), or section 7 of this chapter. The finding and statement of underlying basic facts supporting the finding must be identical to those in the resolution adopted by the county executive.
(b) The resolution must be adopted by an affirmative vote of at least:
(1) five (5) members, in the case of a county fiscal body under IC 36-2-3-2(a);
(2) seven (7) members, in the case of a county fiscal body under IC 36-2-3-2(b); or
(3) seventeen (17) members, in the case of a county fiscal body of a county that has a consolidated city under IC 36-3-4-2.
(c) The county fiscal body shall certify the resolution to:
(1) the county executive;
(2) the county officer; and
(3) the clerk of the court in which the action is filed under IC 5-8-1-35;
not later than ten (10) days after the resolution is adopted,
As added by P.L.169-2021, SEC.2.
Structure Indiana Code
Article 2. Government of Counties Generally
Chapter 8.7. Initiation of Action for Removal of County Officer
36-2-8.7-2. Initiation of Process to Remove County Officer From Office
36-2-8.7-3. Adoption of Resolution by County Executive
36-2-8.7-4. Certification of Resolution
36-2-8.7-5. Adoption of Resolution by County Fiscal Body
36-2-8.7-6. Public Hearing on Resolution
36-2-8.7-7. Required Physical Presence During Office Hours; Defenses; Exceptions