Bill Text: IN HB1394 | 2011 | Regular Session | Introduced
Bill Title: Local public employees and office holders.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-01-18 - First reading: referred to Committee on Government and Regulatory Reform [HB1394 Detail]
Download: Indiana-2011-HB1394-Introduced.html
Citations Affected: IC 36-1; IC 36-4-4-2; IC 36-8.
Synopsis: Local public employees and office holders. Provides that an
individual employed by an agency or department of a political
subdivision is considered to have resigned as an employee when the
individual assumes an elected office that has any legal authority to
propose or approve: (1) the budget of the agency or department that
employs the employee; or (2) the salary or other compensation of
employees who are employed by that agency or department. Specifies
that a political subdivision may not enter into a contract with, employ,
or otherwise use a bond service provider to perform certain services
related to the issuance and sale of bonds if an owner, officer, agent, or
employee of the bond service provider is a member of the political
subdivision's fiscal body, legislative body or executive or is an elected
officer of the political subdivision.
Effective: July 1, 2011.
January 18, 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 local
government.
(1) An elected or appointed officer.
(2) An individual described in IC 20-26-4-11.
(b) Subject to IC 36-1-8.5, 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.
assistant that provides:
(1) legal services;
(2) financial services; or
(3) other services;
rendered in conjunction with the issuance and sale or proposed
issuance and sale of bonds.
(b) As used in this section, "owner" means a person holding at
least a five percent (5%) ownership interest in an entity.
(c) A political subdivision may not enter into a contract with,
employ, or otherwise use a bond service provider to perform the
services described in subsection (a) if an owner, officer, agent, or
employee of the bond service provider:
(1) is a member of the political subdivision's fiscal body,
legislative body, or executive; or
(2) is an elected officer of the political subdivision.
Chapter 8.5. Employees of a Political Subdivision Holding Elected Office
Sec. 1. This chapter applies to an employee who, after December 31, 2011, assumes an elected office that has any legal authority to propose or approve:
(1) the budget of the government agency that employs the employee; or
(2) the salary or other compensation of employees who are employed by the government agency described in subdivision (1).
Sec. 2. As used in this chapter, "employee" refers to an employee of a government agency.
Sec. 3. As used in this chapter, "government agency" refers to an agency or department of a political subdivision.
Sec. 4. An employee is considered to have resigned as an employee of a government agency when the individual assumes an elected office that has any legal authority to propose or approve:
(1) the budget of the government agency that employs the employee; or
(2) the salary or other compensation of employees who are employed by the government agency described in subdivision (1).
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 36-1-8.5, 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.
(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 36-1-8.5, 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.
