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Ind. Code § 36-2-8.7-7

Required physical presence during office hours; defenses; exceptions

Redline — January 1, 2023 → current.View current text →
Current — January 1, 2025
As of January 1, 2023
Sec. 7. (a) This section does not apply to a county officer described in section 1(6) of this chapter.
Sec. 7. (a) A county officer must be physically present in the county officer's office during regular office hours for a reasonable amount of time each month during the county officer's term of office.
(b) A county officer must be physically present in the county officer's office during regular office hours for a reasonable amount of time each month during the county officer's term of office.
(b) A county officer may be removed from office by the court under IC 5-8-1-35, if the county officer is in violation of this section during one (1) or more months of the county officer's term. However, it is a defense to any action brought under IC 5-8-1-35 asserting a violation of this section, that the county officer's failure to be physically present in the county officer's office was due to:
(c) A county officer may be removed from office by the court under IC 5-8-1-35, if the county officer is in violation of this section during one (1) or more months of the county officer's term. However, it is a defense to any action brought under IC 5-8-1-35 asserting a violation of this section, that the county officer's failure to be physically present in the county officer's office was due to:
(1) the serious illness of the county officer or the county officer's spouse, parent, child, or stepchild; or
(1) the serious illness of the county officer or the county officer's spouse, parent, child, or stepchild; or
(2) military service of the county officer.
(2) military service of the county officer.
The defense is available in any action brought under IC 5-8-1-35 regardless of whether the action is brought by a person or upon resolutions adopted by the county executive or fiscal body under this chapter.
The defense is available in any action brought under IC 5-8-1-35 regardless of whether the action is brought by a person or upon resolutions adopted by the county executive or fiscal body under this chapter.
(c) A county officer:
(d) A county officer:
(1) does not violate this section; and
(1) does not violate this section; and
(2) may not be removed from office under IC 5-8-1-35;
(2) may not be removed from office under IC 5-8-1-35;
for being physically absent from the county officer's office during any month in which a declaration of a local disaster emergency under IC 10-14-3-29 is in effect for at least one (1) work day in the county or in the municipality in which the county officer's office is located.
for being physically absent from the county officer's office during any month in which a declaration of a local disaster emergency under IC 10-14-3-29 is in effect for at least one (1) work day in the county or in the municipality in which the county officer's office is located.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.