CHAPTER 35. WATER DEPARTMENTS IN CERTAIN CITIES
IC 36-9-35
Chapter 35. Water Departments in Certain Cities
IC 36-9-35-1
Application of chapter
Sec. 1. This chapter applies to each city in a county having a
population of more than four hundred thousand (400,000) but less
than seven hundred thousand (700,000), in which the legislative body
has, by ordinance, established a water department as a municipal
utility or a department of waterworks.
As added by P.L.320-1989, SEC.3. Amended by P.L.12-1992,
SEC.189.
IC 36-9-35-2
Boards of trustees; political affiliation of appointees
Sec. 2. Notwithstanding IC 36-1-8-10, whenever the city's
ordinance establishing a water department requires that an
appointment to the board of trustees of the water department be
conditioned upon the political affiliation of the appointee, or that the
membership of the board not exceed a stated number of members
from the same political party, at the time of an appointment the
appointee must:
(1) have voted in the two (2) most recent primary elections held
by the party with which the appointee claims affiliation; or
(2) if the appointee did not vote in the two (2) most recent
primary elections or only voted in one (1) of those elections, be
certified as a member of the party with which the appointee
claims affiliation by that party's county chairman for the county
in which the appointee resides.
As added by P.L.320-1989, SEC.3.
IC 36-9-35-3
Boards of trustees; vacancies
Sec. 3. Notwithstanding IC 8-1.5, IC 36-9-23, IC 36-9-24,
IC 36-9-25, or any other law, if a vacancy occurs on the board of
trustees, the vacancy must be filled within thirty (30) days after the
vacancy occurs.
As added by P.L.320-1989, SEC.3.
IC 36-9-35-4
Boards of trustees; removal from office; appeals
Sec. 4. (a) Notwithstanding IC 8-1.5, IC 36-9-23, IC 36-9-24,
IC 36-9-25, or any other law, a board member may not be removed
from office except upon charges preferred before the city executive
and a hearing held on them. The only permissible reasons for
removal are neglect of duty and incompetence. The board member
must be given at least ten (10) days notice of the time and place of
the hearing and the opportunity to produce evidence and examine and
cross-examine witnesses. All testimony shall be given under oath.
The city executive shall prepare written findings and file them with
the city clerk.
(b) If the charges are sustained and the board member removed,
the board member may appeal the findings within ten (10) days after
the date they are filed with the clerk to the circuit or superior court
of the county in which the city is located. The board member must
file the appeal against the executive stating the charges preferred and
the findings made. The court shall hear the appeal de novo without
a jury within thirty (30) days after the appeal is filed and shall either
ratify or reverse the findings of the executive. The judgment of the
court is final and an appeal may not be taken.
As added by P.L.320-1989, SEC.3.