HB 1035

Bill Subjects

Abstract

Allows the county executive and county fiscal body to remove the auditor, treasurer, recorder, surveyor, coroner, or assessor (county officer) for failing to be physically present in the county officer's office for at least one work day each month, unless the county officer takes leave to which the officer is entitled by law or county personnel policy. Provides that the county officer's removal is initiated by adoption of a resolution by the county executive (in Marion County) or the affirmative vote of at least a majority of the members of the county executive (in a county other than Marion County). Provides that the county officer's removal is effective upon the county fiscal body adopting a resolution by an affirmative vote of at least: (1) 17 members, in the case of the 25 member Marion County fiscal body; (2) seven members, in the case of the nine member St. Joseph County fiscal body; or (3) five members, in the case of the seven member county fiscal body of any other county. Requires the resolutions of the county executive and county fiscal body to state identical findings and facts supporting the county officer's removal. Allows a county officer who has been removed from office to petition a court for judicial review. Provides that, if the court determines that the resolutions' findings are not supported by substantial evidence, the county officer is reinstated for any unexpired term and entitled to any salary withheld pending judicial review.