Section 36-2-2-7 - Disqualification of executive in quasi-judicial proceeding; appointment of special members(a) If the executive finds that two (2) or more of its members are disqualified from acting in a quasi-judicial proceeding, the disqualified members shall cease to act in that proceeding. Within ten (10) days after the finding, the county auditor shall send a certified copy of the record of the proceeding to the judge of the circuit court, superior court, or probate court for the county. If the judge affirms the disqualification of the members of the executive, the judge shall appoint disinterested and competent persons to serve as special members of the executive in the proceeding.(b) A person who consents to serve as a special member of the executive must have the same qualifications as an elected member of the executive. The person's appointment and oath shall be filed with the county auditor and entered on the records of the executive, and the person may act with the other members of the executive conducting the proceeding until a final determination is reached.Pre-Local Government Recodification Citations: 17-2-23-1; 17-2-23-2; 17-2-23-3.
Amended by P.L. 84-2016, SEC. 165, eff. 7/1/2016.As added by Acts1980 , P.L. 212, SEC.1.