Bill Text: IN HB1261 | 2011 | Regular Session | Introduced
Bill Title: Government employees holding elected office.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-01-24 - Representative Saunders added as coauthor [HB1261 Detail]
Download: Indiana-2011-HB1261-Introduced.html
Citations Affected: IC 3-5; IC 36-1-8-10.5; IC 36-4-4-2;
IC 36-8-10-11.
Synopsis: Government employees holding elected office. 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: (1)
assumes the elected executive office of the unit; or (2) becomes an
elected member of the unit's executive, legislative, or fiscal body.
Makes this provision apply to an employee of a unit who assumes an
elected office after June 30, 2011. Makes the provision inapplicable to
an employee who is the elected executive of or a member of the
executive, legislative, or fiscal body of a unit on June 30, 2011, and
who continues to hold or be reelected to that office. Does not prohibit
an employee of a unit from holding an elected office of a unit other
than the unit that employs the employee.
Effective: July 1, 2011.
January 12, 2011, read first time and referred to Committee on Government and Regulatory
Reform.
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
elections.
Chapter 9. Government Employees Holding Office
Sec. 1. This chapter applies to a government employee who, after June 30, 2011, assumes an elected office of the unit that employs the individual.
Sec. 2. This section does not apply to a government employee who, on June 30, 2011, holds an elected office of the unit that employs the individual, as long as the individual continues to:
(1) hold; or
(2) be reelected to;
the elected office.
Sec. 3. As used in this chapter, "elected office" refers only to the
offices of the following:
(1) The elected executive or an elected member of the
executive body of a unit.
(2) An elected member of the legislative body of a unit.
(3) An elected member of the fiscal body of the 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.
Sec. 5. 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.
Sec. 6. 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.
(1) An elected or appointed officer.
(2) An individual described in IC 20-26-4-11.
(b) Except as provided in IC 3-5-9, an employee of a political subdivision may:
(1) be a candidate for
(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) Except as provided in IC 3-5-9, a city employee other than an elected or appointed public officer may:
(1) be a candidate for
(2) be appointed to any office and serve in that office if appointed;
without having to resign as a city employee.
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. Except
as provided in 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.