(b) This subsection does not apply to an economic development commission established under section 8 of this chapter. An individual who is an appointed member serves at the pleasure of the member's appointing authority as long as:

1. (1) the city or town executive who appointed the individual continues to hold the office; or

2. (2) the county executive that appointed the individual retains all of the same members who served on the body when the individual was appointed.

   If subdivision (1) or (2) does not apply, the individual may only be removed for good cause.

(c) An economic development commissioner may be removed from office for neglect of duty, incompetency, inability to perform the commissioner's duties, or any other good cause, by the executive or fiscal body that selected or nominated the commissioner. The commissioner removed may obtain judicial review of the removal by filing a complaint in a circuit or superior court in the county, and the burden of proof is upon the executive or fiscal body that removed the commissioner. The cause shall be placed on the advanced calendar and be tried as other civil causes are tried by the court, without a jury. The court's judgment may be appealed in the same manner as any civil action.

[Pre-Local Government Recodification Citation: 18-6-4.5-8.]

As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.127-2017, SEC.196; P.L.40-2026, SEC.18.