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(A) The elective officers of the town, elected in accordance with the provisions of the state election laws and I.C. 36-5-2-1 et seq. and 36-5-6-1 et seq., shall be:
(1) The members of the Town Council; and
(2) The Clerk-Treasurer.
(B) The Town Council shall appoint the following officials:
(1) Superintendent of Utilities;
(2) Superintendent of Parks and Recreation;
(3) The Town Marshal; and
(4) Boards, commissions, officers, and other employees pursuant to the provisions of the laws in effect and as hereafter provided.
The election inspectors shall make a certified statement, over their own signatures, of the persons elected to fill the several offices in the town and file the same with the clerk of the circuit court of the county, within ten days from the day of the election.
Statutory reference:
Notice of election, see I.C. 3-10-7-34
The members of the Town Council and other officers-elect shall, within ten days after the election, take and subscribe, before some person authorized to administer the same, the usual oath or affirmation for the faithful performance of the duties of their respective offices.
Statutory reference:
Oaths, see I.C. 5-4-1-1 and 5-4-1-4
The Clerk-Treasurer and Marshal of the town shall, before commencement of their term of office, each and severally, give bond payable to the State of Indiana, with surety to the approval of the Town Council, in such an amount each as the Town Council shall direct.
Statutory reference:
Bonds, see I.C. 5-4-1-8 and 5-4-1-9
(A) This section applies only to filling those vacancies concerning which the person who last held the vacated office was elected to that office as a candidate of a political party whose candidate at the most recent election for Secretary of State received either the highest or next highest number of votes cast state-wide for that office, or was selected for that office under this section.
(I.C. 3-13-9-1)
(B) (1) For the period of time between when a vacancy occurs and when that vacancy is filled under this section, the chief deputy employee of the office that is vacant shall assume the duties of that office. If no chief deputy employee exists in the Office of Clerk-Treasurer, then the President of the Town Council shall appoint, as soon as is reasonably possible, an individual to fill that vacancy for the period of time between when the vacancy occurs and when it is filled under this section.
(I.C. 3-13-11-12 and 3-13-11-16)
(2) Any person who assumes the duties of any vacant office under this section has and may exercise all of its rights, powers, and duties, is entitled to the compensation fixed for that office, and is subject to all the liabilities of that office.
(I.C. 3-13-11-18)
(C) (1) Vacancies in all elective town offices, except the offices of prosecuting attorney, clerk of the circuit court, and judge of any court, shall be filled for the unexpired term by a caucus as provided in I.C. 3-2-9-10 and 3-13-6-1 through 3-13-6-3.
(2) Notwithstanding division (C)(1) above, in the case of a vacancy in an elected town office where a caucus of precinct committee persons under this chapter would consist of only one precinct committee person(s) who is not a resident of that town, the vacancy shall be filled by the County Chairperson in the manner prescribed by I.C. 3-13-11-5. However, the person selected to fill the vacancy must be affiliated with the same political party as the original office holder.
(I.C. 3-13-1-5)
Any vacancy occurring in the Town Council, or in any other elective office of the town, shall be filled by appointment by the Town Council, at a regular or special meeting of the Town Council, called for that purpose, of which meeting not less than ten-days’ notice in writing shall be given to each member of the Town Council by the Clerk-Treasurer of the town; but the appointments, if to fill a vacancy in the office of Town Council, shall be made from the ward in which the vacancy occurred, and no appointment shall extend beyond the remainder of that term.
(I.C. 3-13-9-4)
(A) The Town Marshal shall charge and collect a fee of $5 for a copy of any accident report furnished to any persons entitled to receive this information. This fee is in accordance with I.C. 9-29-11-1. In the event that the minimum charge provided in I.C. 9-29-11-1 (as amended or recodified) increased, the amount charged by the town shall increase to coincide with the minimum charge as required by Indiana law.
(B) The Clerk-Treasurer of the town shall deposit all accident report receipt fees set out in division (A) above into the Law Enforcement Continuing Education Fund. The funds in this account shall be used for the continuing education and training of law enforcement officers employed by the agency and for equipment and supplies for law enforcement purposes.
(Ord. 1-1982, passed 2-1-1982; Am. Ord. 12-2006, passed 10-2-2006)
(A) The Clerk-Treasurer shall assess and collect a surcharge fee of $20 for each instrument offered to the town for payment that is returned unpaid by the financial institution upon which the instrument was drawn.
(B) The Clerk-Treasurer shall notify the person or entity presenting the instrument for payment of the returned status of the instrument and the surcharge fee that is due and payable in addition to the amount of money reflected on the instrument. The notice shall be by certified mail.
(C) The Clerk-Treasurer is hereby enabled to curtail services if the person or entity offering the instrument for payment of the services fails to bring their account current to include the surcharge fee within seven working days of the notice being mailed.
(D) This section does not negate nor waive any other surcharge penalty that may legally be imposed for nonpayment of services rendered.
(Ord. 4-1998, passed 8-3-1998)
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