2022 Indiana Code
Title 23. Business and Other Associations
Article 14. Cemetery Associations
Chapter 65. City and Town Cemeteries
23-14-65-12. Board of Cemetery Regents; Members; Vacancy; Quorum; Removal

Sec. 12. (a) A board appointed under section 11 of this chapter is known as "The Board of Cemetery Regents of the City (Town) of ____________, Indiana".

(b) The officers of a board of cemetery regents consist of:

(1) a president;

(2) a vice president; and

(3) a secretary;

who shall be elected by the board members at the first meeting of the board and in each subsequent year.

(c) A vacancy on a board of cemetery regents shall be filled by appointment by the executive of the city or town. The person appointed serves until the expiration of the term of the member whom the appointee is appointed to replace.

(d) Each member of a board of cemetery regents:

(1) must take and subscribe to the usual oath of office before beginning the duties of office; and

(2) shall be issued a certificate of appointment, upon which the member's oath of office must be endorsed.

(e) A new member of a board of cemetery regents shall file the certificate of appointment with the clerk or clerk-treasurer of the municipality within thirty (30) days after the beginning of the new member's term. If an individual who is appointed to a board of cemetery regents violates this subsection, the individual is considered to have declined the appointment and, the office to which the individual was appointed is vacant.

(f) A majority of the members of a board of cemetery regents constitutes a quorum. An action of the board is binding only if:

(1) it is authorized by a vote taken at a regular or special meeting of the board; and

(2) a majority of all the members of the board vote in favor of the action.

(g) If there is a tie vote or equal division among the members of the board upon any motion, resolution, or action, the executive of the municipality is entitled to vote on the matter under consideration.

(h) The executive of a municipality may, at any time, remove a member of the board from office upon filing the reasons for the removal in writing with the clerk or clerk-treasurer of the municipality.

(i) The legislative body of the municipality may authorize compensation for actual expenses incurred by members of the cemetery board in performance of their official duties, including any additional compensation that the legislative body determines.

As added by P.L.52-1997, SEC.39.