Bill Text: IN SB0166 | 2011 | Regular Session | Amended
Bill Title: Local government employment.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2011-03-28 - First reading: referred to Committee on Government and Regulatory Reform [SB0166 Detail]
Download: Indiana-2011-SB0166-Amended.html
Citations Affected: IC 3-5; IC 36-1; IC 36-4; IC 36-8.
Synopsis: Local government employment. Provides that an employee
of a county, city, town, or township (unit) is considered to have
resigned from employment with the unit if the employee assumes the
elected executive office of the unit or becomes an elected member of
the unit's legislative or fiscal body. Provides that an employee of a unit:
(1) who is elected in the November 2011 municipal election and
assumes office on January 1, 2012; or (2) who is serving in an elected
office on December 31, 2011; may serve the remainder of the
employee's elected term of office. Provides that the restriction does not
prohibit an employee of a unit from holding an elected office of a unit
other than the unit that employs the government employee.
Effective: July 1, 2011.
January 5, 2011, read first time and referred to Committee on Local Government.
February 10, 2011, amended, reported favorably _ Do Pass.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Chapter 9. Government Employees Holding Office
Sec. 1. (a) Except as provided in subsection (b), this chapter applies to a government employee who, after June 30, 2011, assumes an elected office of the unit that employs the individual.
(b) This subsection applies to a government employee:
(1) who was elected at the municipal election in November 2011 and assumes an elected office of the unit on January 1, 2012; or
(2) who, on December 31, 2011, holds an elected office of the unit that employs the individual.
This chapter does not apply to a government employee during the employee's term of office. However, this chapter applies to the government employee on the date the government employee's term of office expires.
Sec. 2. This chapter does not prohibit a government employee from holding an elected office of a unit other than the unit that employs the government employee.
Sec. 3. As used in this chapter, "elected office" refers only to the following:
(1) The elected executive of a unit.
(2) An elected member of the legislative body or fiscal body of a unit.
Sec. 4. As used in this chapter, "government employee" refers to an employee of a unit. The term does not include an individual who holds an elected office and is not otherwise employed by the unit.
Sec. 5. As used in this chapter, "unit" means a county, city, town, or township.
Sec. 6. An individual is considered to have resigned as a government employee when the individual assumes an elected office of the unit that employs the individual.
(1) An elected or appointed officer.
(2) An individual described in IC 20-26-4-11.
(b) Subject to IC 3-5-9, an employee of a political subdivision may:
(1) be a candidate for any elected office and serve in that office if elected; or
(2) be appointed to any office and serve in that office if appointed;
without having to resign as an employee of the political subdivision.
(b) Subject to IC 3-5-9, a city employee other than an elected or appointed public officer may:
(1) be a candidate for any elective office and serve in that office if elected; or
(2) be appointed to any office and serve in that office if appointed;
without having to resign as a city employee.
town, or city (including a consolidated city) police department, fire
department, or volunteer fire department (as defined by IC 36-8-12-2)
may:
(1) be candidates for elective office and serve in that office if
elected;
(2) be appointed to any office and serve in that office if appointed;
and
(3) as long as they are not in uniform and not on duty, solicit votes
and campaign funds and challenge voters for the office for which
they are candidates.
(b) The sheriff may temporarily suspend an officer with or without pay for a period not exceeding fifteen (15) days, without a hearing before the board, after preferring charges of misconduct in writing delivered to the officer.
(c) A county police officer may not be dismissed, demoted, or temporarily suspended because of political affiliation nor after the officer's probationary period, except as provided in this section. Subject to IC 3-5-9, an officer may:
(1) be a candidate for elective office and serve in that office if elected;
(2) be appointed to an office and serve in that office if appointed; and
(3) except when in uniform or on duty, solicit votes or campaign funds for the officer or others.
(d) The board has subpoena powers enforceable by the circuit court for hearings under this section. An officer on probation may be dismissed by the sheriff without a right to a hearing.
(e) An appeal under subsection (a) must be taken by filing in court, within thirty (30) days after the date the decision is rendered, a verified complaint stating in a concise manner the general nature of the charges against the officer, the decision of the board, and a demand for the relief asserted by the officer. A bond must also be filed that guarantees
the appeal will be prosecuted to a final determination and that the
plaintiff will pay all costs only if the court finds that the board's
decision should be affirmed. The bond must be approved as bonds for
costs are approved in other cases. The county must be named as the
sole defendant and the plaintiff shall have a summons issued as in other
cases against the county. Neither the board nor the members of it may
be made parties defendant to the complaint, but all are bound by
service upon the county and the judgment rendered by the court.
(f) All appeals shall be tried by the court. The appeal shall be heard
de novo only upon any new issues related to the charges upon which
the decision of the board was made. Within ten (10) days after the
service of summons, the board shall file in court a complete written
transcript of all papers, entries, and other parts of the record relating to
the particular case. Inspection of these documents by the person
affected, or by the person's agent, must be permitted by the board
before the appeal is filed, if requested. The court shall review the
record and decision of the board on appeal.
(g) The court shall make specific findings and state the conclusions
of law upon which its decision is made. If the court finds that the
decision of the board appealed from should in all things be affirmed,
its judgment should so state. If the court finds that the decision of the
board appealed from should not be affirmed in all things, then the court
shall make a general finding, setting out sufficient facts to show the
nature of the proceeding and the court's decision on it. The court shall
either:
(1) reverse the decision of the board; or
(2) order the decision of the board to be modified.
(h) The final judgment of the court may be appealed by either party.
Upon the final disposition of the appeal by the courts, the clerk shall
certify and file a copy of the final judgment of the court to the board,
which shall conform its decisions and records to the order and
judgment of the court. If the decision is reversed or modified, then the
board shall pay to the party entitled to it any salary or wages withheld
from the party pending the appeal and to which the party is entitled
under the judgment of the court.
(i) Either party shall be allowed a change of venue from the court or
a change of judge in the same manner as such changes are allowed in
civil cases. The rules of trial procedure govern in all matters of
procedure upon the appeal that are not otherwise provided for by this
section.
(j) An appeal takes precedence over other pending litigation and
shall be tried and determined by the court as soon as practical.
