Sec. 4. (a) This section applies to a vacancy in the town council: (1) not covered by section 1 of this chapter; or (2) covered by section 1 of this chapter, but not filled by a major political party by the applicable deadline set forth in IC 3-13-11-3 . (b) The vacancy shall be filled by the remaining members of the council at a regular or special meeting. (c) The town clerk-treasurer shall give notice of the meeting. Except as provided in subsections (e), (f), (g), and (h), the meeting shall be held not later than thirty (30) days after: (1) the vacancy occurs if the vacancy is not covered by section 1 of this chapter; or (2) the applicable deadline for a major political party to fill the vacancy as set forth in IC 3-13-11-3 . (d) The notice must: (1) be in writing; (2) state the purpose of the meeting; (3) state the date, time, and place of the meeting; and (4) be sent by first class mail to each council member at least ten (10) days before the meeting. (e) If a vacancy: (1) is not covered by subsection (f) or section 1 of this chapter; and (2) exists because a circumstance has occurred under IC 36-5-2-6.5 (3); the town council shall meet and select an individual to fill the vacancy not later than thirty (30) days after the town council determines that a circumstance has occurred under IC 36-5-2-6.5 (3). (f) If a vacancy: (1) is not covered by subsection (e) or section 1 of this chapter; and (2) exists because a circumstance has occurred under IC 36-5-2-6.5 (2); the town council shall meet and select an individual to fill the vacancy not later than thirty (30) days after the town clerk-treasurer receives notice of the death under IC 5-8-6 . The town clerk-treasurer may not give the notice required by subsection (c) until the town clerk-treasurer receives notice of the death under IC 5-8-6 . (g) If a vacancy: (1) is covered by section 1 of this chapter and not covered by subsection (h); (2) exists because a circumstance has occurred under IC 36-5-2-6.5 (3); and (3) exists for more than thirty (30) days; the council shall meet and select an individual to fill the vacancy not later than sixty (60) days after the town council determines that a circumstance has occurred under IC 36-5-2-6.5 (3). (h) If a vacancy: (1) is covered by section 1 of this chapter and not covered by subsection (g); (2) exists because a circumstance has occurred under IC 36-5-2-6.5 (2); and (3) exists for more than thirty (30) days; the council shall meet and select an individual to fill the vacancy not later than sixty (60) days after the town clerk-treasurer receives notice of the death under IC 5-8-6 . The town clerk-treasurer may not give the notice required by subsection (c) until the town clerk-treasurer receives notice of the death under IC 5-8-6 . [Pre-1986 Recodification Citation: 3-2-10-6 part.]
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