Introduced Version
HOUSE BILL No. 1451
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 3-5-8
;
IC 36-1-8-10.5
;
IC 36-4-4-2
; IC 36-8.
Synopsis: Public employees running for office. Provides that a
government employee is considered to have resigned as an employee
when the individual assumes an elected office at the same level of
government at which the individual is employed.
Effective: July 1, 2001.
Smith V, Brown C
January 11, 2001, read first time and referred to Committee on Local Government.
Introduced
First Regular Session 112th General Assembly (2001)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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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
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this style type reconciles conflicts
between statutes enacted by the 2000 General Assembly.
HOUSE BILL No. 1451
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 3-5-8; (01)IN1451.1.1. -->
SECTION 1.
IC 3-5-8
IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]:
Chapter 8. Government Employees Holding Office
Sec. 1. As used in this chapter, "government employee" refers
to an employee of any of the following:
(1) The state.
(2) A county.
(3) A city or a town.
(4) A school corporation.
(5) A township.
The term does not include an individual who holds an elected
office.
Sec. 2. For purposes of this chapter, each of the following is
considered a level of government separate from the other levels on
the list:
(1) The state.
(2) Counties.
(3) Cities and towns.
(4) School corporations.
(5) Townships.
Sec. 3. A government employee is considered to have resigned
as an employee when the individual assumes an elected office at the
same level of government at which the individual is employed.
Sec. 4. This chapter does not prohibit either of the following:
(1) A government employee from holding an elected office at
a different level of government than the level at which the
individual is employed.
(2) A government employee from holding an elected office:
(A) at the same level of government at which the individual
is employed; and
(B) to which the government employee was elected before
January 1, 2001.
SOURCE: IC 36-1-8-10.5; (01)IN1451.1.2. -->
SECTION 2.
IC 36-1-8-10.5
, AS ADDED BY P.L.26-2000,
SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 10.5. (a) This section does not apply to the
following:
(1) An elected or appointed officer.
(2) An individual described in
IC 20-5-3-11.
(b) Subject to
IC 3-5-8-3
, 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.
SOURCE: IC 36-4-4-2; (01)IN1451.1.3. -->
SECTION 3.
IC 36-4-4-2
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 2. (a) The powers of a city are
divided between the executive and legislative branches of its
government. A power belonging to one (1) branch of a city's
government may not be exercised by the other branch.
(b) Subject to
IC 3-5-8-3
, 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.
SOURCE: IC 36-8-3-12; (01)IN1451.1.4. -->
SECTION 4.
IC 36-8-3-12
, AS AMENDED BY P.L.1-1999,
SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 12.
Subject to
IC 3-5-8-3
, members of the safety
board and members of any township, 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.
SOURCE: IC 36-8-10-11; (01)IN1451.1.5. -->
SECTION 5.
IC 36-8-10-11
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 11. (a) The sheriff may
dismiss, demote, or temporarily suspend a county police officer for
cause after preferring charges in writing and after a fair public hearing
before the board, which is reviewable in the circuit court. Written
notice of the charges and hearing must be delivered by certified mail
to the officer to be disciplined at least fourteen (14) days before the
date set for the hearing. The officer may be represented by counsel. The
board shall make specific findings of fact in writing to support its
decision.
(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 3-5-8-3
, 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.