Indiana Code
Ind. Code § 36-2-16-3 (2026)
Performance of duties of appointing officer; regulations and penalties; responsibility for acts of deputy
✓ current as of May 2026
Sec. 3. (a) A deputy appointed under this chapter may perform all the official duties of the officer who appointed the deputy and is subject to the same regulations and penalties as the officer.
(b) The officer appointing the deputy is responsible for all the official acts of the deputy.
[Pre-Local Government Recodification Citations: 5-6-1-2 part; 5-6-1-3; 17-3-21-7 part; 17-3-32-4 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.100.
Notes of Decisions
Cited in 6
cases, 1986–2020 · leading case: Spranger v. State, 498 N.E.2d 931 (Ind. 1986).
Spranger v. State, 498 N.E.2d 931 (Ind. 1986). “§ 36-2-16-2(b) (Oath of office), I.C. § 36-2-16-3 (Power and duties) I.C. § 36-2-16-6 (Sheriff's deputies), I.”
Thompson v. Hays, 867 N.E.2d 654 (Ind. Ct. App. 2007). “” Ind.Code § 36-2-16-3(a). Indiana Code section 36-2-13-5 describes the official duties of the sheriff.”
Madonna Kline v. Doris Hughes, in Both Her Pers. Capacity & in Her Capacity as an Off. of Spencer Cnty., Indiana, 131 F.3d 708 (7th Cir. 1997). “See Ind.Code § 36-2-16-3(a) & (b). This arrangement makes clear that the office of deputy auditor plays a vital role in the implementation of the county auditor’s policies.”
Local 1963 of the United Auto., Aerospace, & Agric. Implement Workers of Am., UAW v. Madison Cnty., 999 N.E.2d 949 (Ind. Ct. App. 2013). “…to perform all of the duties of his or her appointing official, and the deputy's acts are attributed to the officer. I.C. § 36-2-16-3.”
Brooks v. Off. of the Tippecanoe Cnty. Coroner (N.D. Ind. 2020). “Ind. Code §§ 36-2-16-3 , -7. If the Court were to broadly interpret Kline’s analysis of deputy auditors to include deputy coroners, this fact would be sufficient to dismiss the Plaintiff’s FLSA claims.”
Local 1963 of the United Auto., Aerospace, & Agric. Implement Workers of Am., UAW v. Madison Cnty., Indiana, Madison Cnty. Assessor, & Madison Cnty. Recorder (Ind. Ct. App. 2013). “I.C. § 36-2-16-3. 9 necessary implication from those expressly granted, or such as are requisite to the performance of the duties which are imposed on it by law.”
— Ind. Code § 36-2-16-3(a) — 2 cases
Thompson v. Hays, 867 N.E.2d 654 (Ind. Ct. App. 2007). “” Ind.Code § 36-2-16-3(a). Indiana Code section 36-2-13-5 describes the official duties of the sheriff.”
Madonna Kline v. Doris Hughes, in Both Her Pers. Capacity & in Her Capacity as an Off. of Spencer Cnty., Indiana, 131 F.3d 708 (7th Cir. 1997). “See Ind.Code § 36-2-16-3(a) & (b). This arrangement makes clear that the office of deputy auditor plays a vital role in the implementation of the county auditor’s policies.”
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