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Indiana Code Title 36. Local Government § 36-8-3.5-18

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

Sec. 18. (a) A member who is aggrieved by a decision of the commission to suspend the member for a period greater than ten (10) calendar days, demote the member, or dismiss the member may appeal to the circuit or superior court of the county as follows:

(1) The county in which the unit is located.

(2) The county in which the provider unit (as defined in IC 36-8-19-3) of the territory is located.

(3) If a district is located in:

(A) not more than one (1) county, the county in which the district is located;  or

(B) at least two (2) counties, the primary county (as defined in IC 36-8-11-2).

(b) The appeal shall be made according to the Indiana rules of trial procedure with the following exceptions:

(1) The verified appeal must be filed within thirty (30) days after the date of the board's decision.

(2) The unit, district, or territory shall be named as the sole defendant.

(3) The unit, district, or territory is assumed to have denied the allegations without filing a responsive pleading.

(4) The plaintiff must file a bond at the time of filing the complaint conditioned on the plaintiff prosecuting the appeal to a final determination and paying the court costs incurred in the appeal.

(5) Within thirty (30) days after the service of summons the commission shall file in court a complete transcript of all papers, entries, and other parts of the record relating to the case.

(c) The appeal takes precedence over other litigation pending before the court.

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Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-8-3.5-18 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-8-3-5-18/

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