1. (a) A vacancy in the office of township trustee:

   1. (1) not covered by section 1 of this chapter; or

   2. (2) covered by section 1 of this chapter, but that exists after the thirtieth day after:

      1. (A) the vacancy occurs, if IC 5-8-6 does not apply; or

      2. (B) the county auditor receives the notice required under IC 5-8-6 ;

         shall be filled by the board of commissioners of the county at a regular or special meeting.

2. (b) The county auditor shall give notice of the meeting.

3. (c) Except as provided in subsections (e) and (f), the meeting shall be held not later than:

   1. (1) thirty (30) days after the vacancy occurs, if the vacancy is not covered by section 1 of this chapter; or
   2. (2) not later than sixty (60) days after the vacancy occurs, if the vacancy is covered by section 1 of this chapter and exists for more than thirty (30) days.

4. (d) The notice must:

   1. (1) be in writing;
   2. (2) state the purpose of the meeting;
   3. (3) state the date, time, and place of the meeting; and
   4. (4) be sent by first class mail to each commissioner at least ten
   5. (10) days before the meeting.

5. (e) If the vacancy:

   1. (1) is not covered by section 1 of this chapter; and

   2. (2) exists because of the death of the township trustee;

      the meeting required by subsection (c) shall be held not later than thirty

   3. (30) days after the county auditor receives notice of the death under IC 5-8-6 . The county auditor may not give the notice required by subsection (b) until the county auditor receives notice of the death under IC 5-8-6 .

6. (f) If the vacancy:

   1. (1) is covered by section 1 of this chapter;
   2. (2) exists because of the death of the township trustee; and

   3. (3) exists for more than thirty (30) days;

      the meeting required under subsection (c) shall be held not later than sixty (60) days after the county auditor receives notice of the death under IC 5-8-6 . The county auditor may not give the notice required by subsection (b) until the county auditor receives notice of the death under IC 5-8-6 .

      [Pre-1986 Recodification Citation: 3-2-10-3(a) part.]

As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.452; P.L.14-2004, SEC.170; P.L.119-2005, SEC.19.