2016 Indiana Code
TITLE 3. ELECTIONS
ARTICLE 5. GENERAL PROVISIONS
CHAPTER 9. GOVERNMENT EMPLOYEES AND VOLUNTEER FIREFIGHTERS HOLDING OFFICE
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IC 3-5-9
Chapter 9. Government
Firefighters Holding Office
Employees
and
Volunteer
IC 3-5-9-1
"Elected office"
Sec. 1. As used in this chapter, "elected office" refers only to the
following:
(1) The executive or a member of the executive body of a unit.
(2) A member of the legislative body or fiscal body of a unit.
As added by P.L.135-2012, SEC.1.
IC 3-5-9-2
"Government employee"
Sec. 2. As used in this chapter, "government employee" refers to
an employee of a unit. The term does not include an individual who
holds only an elected office.
As added by P.L.135-2012, SEC.1.
IC 3-5-9-3
"Unit"
Sec. 3. As used in this chapter, "unit" means a county, city, town,
or township.
As added by P.L.135-2012, SEC.1.
IC 3-5-9-4
Firefighters
Sec. 4. An individual who is an employee of a unit, serving as a
full-time, paid firefighter in a department that provides fire
protection services to more than one (1) unit, excluding fire
protection services provided under mutual aid agreements, may not
assume or hold an elected office of any unit that receives fire
protection services from the department.
As added by P.L.135-2012, SEC.1. Amended by P.L.184-2015,
SEC.1.
IC 3-5-9-5
Government employee may not hold elected office
Sec. 5. Except as provided in section 7 of this chapter, an
individual is considered to have resigned as a government employee
when the individual assumes an elected office of the unit that
employs the individual.
As added by P.L.135-2012, SEC.1.
IC 3-5-9-6
Matters unaffected by chapter
Sec. 6. This chapter does not prohibit:
(1) a government employee from assuming or holding an
Indiana Code 2016
elected office of a unit other than the unit that employs the
government employee;
(2) a full-time, paid firefighter from assuming or holding an
elected office of a unit other than a unit that receives fire
protection services from the department in which the firefighter
serves; or
(3) an individual who assumes or holds an elected office from
also being appointed to and serving on a board, commission, or
committee of the unit.
As added by P.L.135-2012, SEC.1. Amended by P.L.184-2015,
SEC.2.
IC 3-5-9-7
Government employees who hold elected office on January 1, 2013
Sec. 7. (a) Notwithstanding sections 4 and 5 of this chapter, a
government employee who assumes or holds an elected office on
January 1, 2013, may continue to hold the elected office and be
employed as a government employee until the term of the elected
office that the government employee is serving on January 1, 2013,
expires.
(b) After the expiration of the term of the elected office that the
government employee referred to in subsection (a) is serving on
January 1, 2013, the government employee is subject to section 5 of
this chapter with respect to assuming or holding an elected office and
being employed by the unit that employs the government employee.
As added by P.L.135-2012, SEC.1. Amended by P.L.184-2015,
SEC.3.
Indiana Code 2016
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