Ind. Code § 36-4-4-2 – Separation of powers; right of city employee to serve in office

(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. (1) be a candidate for any elective office and serve in that office if elected; or
2. (2) be appointed to any office and serve in that office if appointed;
  without having to resign as a city employee.
  [Pre-Local Government Recodification Citations: 18-1-1.5-25; 18-4-4-2 part.]
  As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.315-1995, SEC.1; P.L.135-2012, SEC.9.