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Ind. Code § 36-4-4-2

Separation of powers; right of city employee to serve in office

Applied in 2 court decisions — leading case City of Gary v. Major (2005)

Most recently applied in City of Gary v. Major (February 2005)

As added by Acts 1980, P.L.212, SEC.3

Sec. 2. (a) The powers of a city are divided between the executive and legislative branches of its government. A power belonging to one (1) branch of a city's government may not be exercised by the other branch.

(b) Subject to IC 3-5-9, a city employee other than an elected or appointed public officer may:

(1) be a candidate for any elective office and serve in that office if elected; or

(2) be appointed to any office and serve in that office if appointed;

without having to resign as a city employee.

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