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Indiana Code Title 36. Local Government § 36-5-6-6.5

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 6.5. (a) This section applies only to a town that adopts an ordinance under IC 36-5-6.5.

(b) A reference to a town clerk-treasurer in the Indiana Code is considered to be a reference to the town clerk who serves a town that has an appointed controller under IC 36-5-6.5, to the extent that the reference is connected to the duties of the town clerk set forth in subsection (e).

(c) A reference to a town clerk-treasurer in the Indiana Code is considered to be a reference to the town controller who serves a town that has an appointed controller under IC 36-5-6.5, to the extent that the reference is connected to the duties of the town controller set forth IC 36-5-6.5-5.

(d) Not later than the effective date of an ordinance adopted under IC 36-5-6.5, the town clerk-treasurer shall turn over to the controller the records relating to the controller's powers and duties described in IC 36-5-6.5-5.

(e) The town clerk shall do the following:

(1) Serve as clerk of the town council under IC 36-5-2-2 and maintain custody of its records.

(2) Maintain all records required by law.

(3) Keep the town seal.

(4) As soon as a successor is elected and qualified, deliver to the successor all the records and property of the clerk's office.

(5) Perform other duties prescribed by law.

(6) Administer oaths when necessary in the discharge of the clerk's duties, without charging a fee.

(7) Take depositions, without charging a fee.

(8) Take acknowledgment of instruments that are required by statute to be acknowledged, without charging a fee.

(9) Serve as clerk of the town court under IC 33-35-3-2, if the judge of the court does not serve as clerk of the court or appoint a clerk of the court under IC 33-35-3-1.

(f) A town clerk is not liable, in an individual capacity, for any act or omission occurring in connection with the performance of the requirements set forth in subsection (e), unless the act or omission constitutes gross negligence or an intentional disregard of the requirements of law.

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Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-5-6-6.5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-5-6-6-5/

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