(A)
This section applies if the office of Town Clerk-Treasurer is vacant and the Town Council is unable to fill the office under I.C. 3-13-9-3.
(B) The Town Council may select a Town Council member, who shall assume the duties of the office of Clerk-Treasurer. For purposes of Indiana Constitution Article 2, § 9 and state law, if a Town Council member serves as the ex officio Clerk-Treasurer, the duties assumed by the Town Council member:
(1) Are considered part of the duties prescribed by law for the office of Town Council member; and
(2) Are not considered a second office. A Town Council member may not receive any additional compensation for assuming the duties of the Clerk-Treasurer.
(C) The town legislative body may either:
(1) Enter into an interlocal agreement under I.C. 36-1-7 with the Clerk-Treasurer and town legislative body of another town in the state to assist the town legislative body member selected under division (B) above in performing the duties of the Clerk-Treasurer’s office, provided that the agreement may not last longer than the remainder of the vacant Clerk-Treasurer’s term and must meet the requirements of I.C. 36-1-7; or
(2) Enter into a contract with a certified public accountant to assist the town legislative body member selected under division (B) above in performing the duties of the Clerk-Treasurer’s office, provided that the contract may not last longer than the remainder of the vacant Clerk-Treasurer’s term.
(D) If, after reasonable diligence, the town is unable to meet the requirements under division (C) above, the town may hire any qualified person to perform the duties of the Clerk-Treasurer’s office until the vacancy can be filled under I.C. 3-13-9-3, or until the end of the current Clerk-Treasurer’s term, whichever is first.
(I.C. 36-5-6-9)