(A) City offices other than city court judge, filling by caucus. A vacancy in a city office (other than judge of a city court) that was last held by a person elected or selected as a candidate of a major political party of the state shall be filled by a caucus under IC 3-13-11.
(IC 3-13-8-1)
(B) Mayor.
(1) This section applies to a vacancy in the office of Mayor not covered by division (A) of this section.
(2) A vacancy shall be filled as follows:
(a) If the city has a deputy mayor, the deputy mayor assumes the office for the remainder of the unexpired term.
(b) If the city does not have a deputy mayor, the Common Council shall fill the vacancy at a regular or special meeting.
(3) The Clerk-Treasurer shall give notice of the meeting. Except as provided in division (B)(4)below, the meeting shall be held not later than 30 days after the vacancy occurs. The notice must:
(a) Be in writing;
(b) State the purpose of the meeting;
(c) State the date, time, and place of the meeting; and
(d) Be sent by first class mail to each Councilmember at least ten days before the meeting.
(4) If a vacancy exists because of the death of the Mayor, the Council shall meet and select an individual to fill the vacancy not later than 30 days after the Clerk-Treasurer receives notice of the death by IC 5-8-6. The Clerk-Treasurer may not give the notice required under division (B)(3) until he or she receives notice of the death under IC 5-8-6.
(5) Until the vacancy is filled, the Council shall designate one of its members to serve as Acting Mayor.
(IC 3-13-8-8)
(C) City Clerk-Treasurer.
(1) This division applies to a vacancy in the office of Clerk-Treasurer not covered by division (A) of this section.
(2) This vacancy shall be filled by the Mayor or Acting Mayor, subject to the approval of the Common Council. However, if a vacancy exists because of the death of the Clerk-Treasurer, the Mayor or Acting Mayor may not fill the vacancy until the Mayor or Acting Mayor receives notice of the death under IC 5-8-6.
(3) The Common Council shall vote on the question of approving the Mayor's or Acting Mayor's appointment at a regular or special meeting. The Mayor shall give notice of the meeting, which shall be held not later than 30 days after the appointment is made. The notice must:
(a) Be in writing;
(b) State the purpose of the meeting;
(c) State the date, time, and place of the meeting; and
(d) Be sent by first class mail to each Councilmember at least ten days before the meeting.
(IC 3-13-8-9)
(D) Common Council.
(1) This division applies to a vacancy in the Common Council not covered by division (A) of this section.
(2) A vacancy shall be filled by the remaining members of the Council at a regular or special meeting. The Mayor may break any tie vote.
(3) The City Clerk-Treasurer shall give notice of the meeting. Except as provided in division (D)(4) below, the meeting shall be held not later than 30 days after the vacancy occurs. The notice must:
(a) Be in writing;
(b) State the purpose of the meeting;
(c) State the date, time, and place of the meeting; and
(d) Be sent by first class mail to each Councilmember at least ten days before the meeting.
(4) If a vacancy exists because of the death of a Councilmember, the Council shall meet and select an individual to fill the vacancy not later than 30 days after the Clerk-Treasurer receives notice of the death by IC 5-8-6. The Clerk-Treasurer may not give the notice required under division (B)(3) until he or she receives notice of the death under IC 5-8-6.
(IC 3-13-8-10)
(E) City Court Judge.
(1) As used in this division, "JUDGE" refers to a judge of a city court.
(2) If a judge wishes to resign from office, the judge must resign as provided in IC 5-8-3.5.
(3) A vacancy that occurs because of the death of a judge may be certified to the Governor under IC 5-8-6.
(4) A vacancy that occurs, other than by resignation or death of a judge shall be certified to the Governor by the Circuit Court Clerk of the county in which the judge resided.
(5) A vacancy in the office of a judge of a city court shall be filled by the Governor. However, the Governor may not fill a vacancy that occurs because of the death of a judge until the Governor receives notice of the death under IC 5-8-6.
(IC 3-13-8-2)
(F) Term of person filling vacancy. A person selected to fill a vacant office under this section holds the office for the remainder of the term. (IC 3-13-8-13)