Sec. 3. (a) Except as provided in subsection (b), (c), (d), (e), (f), or (g), the term of office of a member of the legislative body is four (4) years, beginning at noon January 1 after the member's election and continuing until the member's successor is elected and qualified.
(b) The term of office of a member of the legislative body appointed to fill a vacancy resulting from an increase in the number of town legislative body members under section 4.2 of this chapter:
(1) begins when the ordinance increasing the number of legislative body members takes effect, or when the member is appointed under IC 3-13-9-4, if the appointment is made after the ordinance takes effect; and
(2) continues until noon January 1 following the next municipal election scheduled under IC 3-10-6-5 or IC 3-10-7-6 and until the member's successor is elected and qualified.
(c) The term of office of a member of the legislative body elected under IC 36-5-1-10.1 following the incorporation of the town:
(1) begins at noon November 30 following the election; and
(2) continues until noon January 1 following the next municipal election scheduled under IC 3-10-6-5 or IC 3-10-7-6 and until the member's successor is elected and qualified.
(d) The term of office of a member of the legislative body subject to IC 3-10-6-2.5(d)(1) is three (3) years, beginning at noon January 1 after the member's election and continuing until the member's successor is elected and qualified.
(e) The term of office of a member of a legislative body subject to an ordinance described by IC 3-10-6-2.6 is one (1) year, beginning at noon January 1 after the member's election and continuing until the member's successor is elected and qualified.
(f) The term of office of a member of a legislative body subject to an ordinance described by IC 3-10-7-2.7 is:
(1) three (3) years if the member is elected at the next municipal election not conducted in a general election year; and
(2) four (4) years for the successors of a member of a legislative body described in subdivision (1);
beginning noon January 1 after election and continuing until a successor is elected and qualified.
(g) The term of office of a member of a legislative body subject to an ordinance described by IC 3-10-7-2.9 is:
(1) the term of office provided by the ordinance, not to exceed four (4) years, for a member of the legislative body elected in the first election cycle after adoption of the ordinance; and
(2) four (4) years for the successors of the member of a legislative body described in subdivision (1).
[Pre-Local Government Recodification Citation: 18-3-1-16 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.3-1993, SEC.272; P.L.4-1996, SEC.103; P.L.109-2015, SEC.60.
Structure Indiana Code
Article 5. Government of Towns
Chapter 2. Town Legislative Body and Executive
36-5-2-0.1. Application of Certain Amendments to Chapter
36-5-2-1. Application of Chapter
36-5-2-2. Town Council; President
36-5-2-3. Term of Office of Members
36-5-2-4.2. Change in Number of Members in Legislative Body; Resolution; Implementation
36-5-2-4.5. Adoption of Ordinances; Elections
36-5-2-5. Representation by District, at Large, or Both
36-5-2-6. Residency Requirement
36-5-2-6.5. Circumstances Creating a Vacancy on the Town Council
36-5-2-7. President of Legislative Body; Selection; Term
36-5-2-8. Town Clerk-Treasurer as Clerk; Ex Officio Member for Casting Tie Breaking Vote
36-5-2-9. Powers of Legislative Body
36-5-2-9.4. Majority Vote; Two-Thirds Vote
36-5-2-9.6. Majority Vote to Pass Ordinance
36-5-2-9.8. Two-Thirds Vote With Unanimous Consent of Members Present
36-5-2-10. Ordinance, Order, or Resolution Adoption; Requirements
36-5-2-10.2. Recording of Adopted Ordinance; Presumptive Evidence
36-5-2-11. Bond Issuance, Purpose, Payments, Requirements, and Procedures; Short Term Loans
36-5-2-12. Loans and Notes; Procedures; Actions to Contest Validity