Bill Text: IN HB1263 | 2011 | Regular Session | Introduced
Bill Title: Removal of public officers from office.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-01-27 - Reassigned to Committee on Government and Regulatory Reform [HB1263 Detail]
Download: Indiana-2011-HB1263-Introduced.html
Citations Affected: IC 5-8-7; IC 35-44-1-8.
Synopsis: Removal of public officers from office. Provides that a local
elected officeholder may be suspended from office if the officeholder
is charged with certain felonies or misdemeanors and a two-thirds
majority of the legislative body finds that the offense with which the
local elected official is charged is relevant to the official's suitability for
office and it is in the best interests of the unit that the official be
suspended from office. Specifies that the local elected official must be
reinstated with back pay if the official is acquitted or charges are
dropped. Provides that a local elected official who, without a valid
reason, knowingly or intentionally fails to perform the official's duties
on ten or more days during a calendar month commits dereliction of
duty, a Class D felony.
Effective: July 1, 2011.
January 12, 2011, read first time and referred to Committee on Local Government.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Chapter 7. Suspension of Local Officeholders
Sec. 1. As used in this chapter, "eligible offense" means:
(1) a felony under IC 35;
(2) a felony under IC 9-30-5;
(3) a felony concerning an election under IC 3; or
(4) a misdemeanor involving a breach of the peace that is committed while the local official is performing the official's official duties.
Sec. 2. As used in this chapter, "legislative body" has the meaning set forth in IC 36-1-2-9.
Sec. 3. As used in this chapter, "local elected official" means an elected official of a unit who is not a judge or a prosecuting attorney subject to discipline by the supreme court.
Sec. 4. As used in this chapter, "unit" has the meaning set forth
in IC 36-1-2-23.
Sec. 5. A local elected official may be suspended from office as
described in this chapter if the official is charged with an eligible
offense.
Sec. 6. If:
(1) a prosecuting attorney charges a local elected official with
an eligible offense; and
(2) a court finds probable cause to believe that the offense has
been committed;
the prosecuting attorney shall notify the legislative body of the
appropriate unit.
Sec. 7. (a) If the appropriate legislative body adopts a resolution
by a two-thirds (2/3) vote of all of the members of the legislative
body finding that:
(1) the eligible offense with which the local elected official is
charged is relevant to the official's suitability for office; and
(2) it is in the best interests of the unit that the local elected
official be suspended from office;
the local elected official shall be suspended from office until the
official is convicted or acquitted, charges against the official are
dropped, or the official's term of office ends.
(b) If the local elected official charged with the eligible offense
is a member of the legislative body of a unit, the local elected
official is ineligible to vote on the resolution described in subsection
(a).
(c) If the number of local elected officials who are members of
the legislative body of a unit charged with an eligible offense
results in the legislative body of the unit being unable to reach a
quorum or adopt a resolution by a two-thirds (2/3) vote of all of the
members of the unit, the resolution may be adopted by a majority
of the voting members.
Sec. 8. (a) A local elected official who is suspended from office
under this chapter shall not act in the official's official capacity and
is not entitled to receive any salary or remuneration as a local
elected official during the suspension period.
(b) A local elected official who is suspended from office under
this chapter is entitled to continue to receive any health benefits the
local elected official would have been entitled to receive if the local
elected official had not been suspended.
Sec. 9. (a) This section does not apply if a legislative body
suspends a local elected official who is a member of the legislative
body.
(b) If a legislative body suspends a local elected official under section 7 of this chapter, the legislative body shall ensure that the duties of the suspended local elected official are carried out and may appoint an acting replacement for the suspended local elected official.
Sec. 10. If a local elected official suspended under section 7 of this chapter is convicted of an eligible offense, the local elected official shall be removed from office in accordance with IC 5-8-1-38.
Sec. 11. (a) If:
(1) a local elected official suspended under section 7 of this chapter is acquitted or charges are dropped;
(2) a local elected official was charged with a felony but is convicted of only a misdemeanor; or
(3) a local elected official was charged with a misdemeanor involving a breach of the peace that is committed while the local official is performing the official's official duties but is convicted of only a misdemeanor that does not involve a breach of the peace;
the official is reinstated in office by operation of law if the term of the official has not expired.
(b) If a local elected official suspended under section 7 of this chapter is acquitted or charges are dropped, the local elected official is entitled to back pay for the suspension period.
(c) If a local elected official suspended under section 7 of this chapter is convicted of only a misdemeanor as described in subsection (a)(2) or (a)(3), the legislative body may award full or partial back pay to the official, if the legislative body adopts a resolution finding that:
(1) the misdemeanor of which the local elected official was convicted does not reflect upon the official's suitability for office; and
(2) fairness and the best interests of the unit require that the local elected official be awarded back pay.
A local elected official who was convicted of the misdemeanor is not entitled to vote to award back pay under this subsection.
(b) A local elected official who:
(1) without being on medical, vacation, military, or other
leave; or
(2) while not traveling on official business;
knowingly or intentionally fails to perform the official's duties for
ten (10) or more days in any calendar month commits dereliction
of duty, a Class D felony.
(c) In determining whether a local elected official has failed to
perform the official's duties, the trier of fact may consider whether
the official was absent from the official's assigned workplace.
