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IN SB0063

Bill

Status

Engrossed

2/15/2011

Primary Sponsor

James Arnold

Click for details

Origin

Senate

2011 Regular Session

AI Summary

Senate Bill 63 Summary

  • A local elected official may be suspended from office if charged with an eligible offense (felonies under Indiana Code or election-related felonies, or misdemeanors involving breach of peace committed during official duties) and the legislative body votes by two-thirds majority that the offense is relevant to suitability for office and suspension is in the unit's best interests.

  • The charged official and their relatives (parents, children, spouses, siblings, in-laws, aunts, uncles, nieces, nephews) are ineligible to vote on the suspension resolution; if disqualifications prevent a two-thirds vote, a simple majority of voting members may approve suspension.

  • A suspended official may seek judicial review within 30 days in circuit court and must be reinstated with back pay if acquitted or charges are dropped.

  • A suspended official loses salary and remuneration but retains health benefits; the legislative body must ensure the official's duties are carried out and may appoint an acting replacement.

  • If convicted of the eligible offense, the official is removed from office; if convicted of only a lesser offense, reinstatement occurs by operation of law and back pay may be awarded at the legislative body's discretion.

Legislative Description

Suspension of local officeholders from office.

Last Action

First reading: referred to Committee on Government and Regulatory Reform

3/28/2011

Full Bill Text

No bill text available