Indiana Code
Ind. Code § 36-5-7-3 (2026)
Tenure; termination or suspension; procedures
✓ current as of May 2026
Sec. 3. The marshal serves at the pleasure of the town legislative body. However, before terminating or suspending a marshal who has been employed by the town for more than six (6) months after completing the minimum basic training requirements adopted by the law enforcement training board under IC 5-2-1-9, the legislative body must conduct the disciplinary removal and appeals procedure prescribed by IC 36-8 for city fire and police departments.
[Pre-Local Government Recodification Citation: 18-3-1-16 part.]
As added by Acts 1980, P.L.212, SEC.4.
Notes of Decisions
Cited in 9
cases, 1984–2018 · leading case: Cook v. Atlanta, Indiana Town Council, 956 N.E.2d 1176 (Ind. Ct. App. 2011).
Cook v. Atlanta, Indiana Town Council, 956 N.E.2d 1176 (Ind. Ct. App. 2011). “Cook alleged that the town council violated Ind.Code §§ 36-5-7-3 and 36-8-3-4 by discharging him as Town Marshal without a hearing and requested the court to set aside the action, reinstate him as Town Marshal, provide back pay and lost benefits, and award attorney fees and…”
Pfifer v. Town of Edinburgh, 684 N.E.2d 578 (Ind. Ct. App. 1997). “However, a deputy marshal who has been employed by the town for more than six (6) months after completing the minimum basic training requirements adopted by the law enforcement training board under IC 5-2-1-9 may be dismissed only if the procedure prescribed by [Indiana Code §…”
Howard v. Inc. Town of North Judson, 661 N.E.2d 549 (Ind. 1996). “Ind.Code Ann. § 36-5-7-3 (West 1986). The marshall may dismiss a deputy marshal at any time.”
Spoon v. Town of Pittsboro, 706 N.E.2d 254 (Ind. Ct. App. 1999). “The protections of Indiana Code § 36-8-3-4 apply to deputy town marshals pursuant to Indiana Code § 36-5-7-3 and -6. Indiana Code § 36-5-7-6 states that a deputy marshal may be terminated by the town marshal at any time; however, “a deputy marshal who has been employed by the…”
Joseph Budner v. Inc. Town of North Judson, Indiana, 113 N.E.3d 225 (Ind. Ct. App. 2018). “[6] Indiana Code Section 36-5-7-3 provides in relevant part that the town marshal serves at the pleasure of the town legislative body.”
Knox v. Trs. of Indiana Univ., 160 F. Supp. 3d 1073 (N.D. Ind. 2016). “1995) (finding that an untenured town marshal is an employee at will because the “marshal serves at the pleasure of the town legislative body” (citing Ind. Code § 36-5-7-3 )). Thus, the termination of Plaintiffs employment *1078 was at the discretion of the board of trustees,…”
Mauke v. Town of Dune Acres, 835 F. Supp. 468 (N.D. Ind. 1993). “Accordingly, Plaintiff has not stated a claim upon which relief can be granted for his first claim alleging a violation of the equal protection clause.”
Shawn Durham v. Town of Galveston, Indiana (mem. dec.) (Ind. Ct. App. 2017). “See I.C. § 36-5-7-3. The Board had legal authority to discipline Durham by dismissal upon determining that he was guilty of a violation of rules, neglect or disobedience of orders, conduct unbecoming an officer, or another breach of discipline.”
Santini v. Town of New Harmony, 624 F. Supp. 11 (S.D. Ind. 1984). “First, plaintiff contends that Indiana Code 18-3-1 — 16(d) [Indiana Code 18-3-1-16, recodified as Indiana Code 36-5-7-3 by Acts 1980, P.L. 212 § 4] and Indiana Code 18-1-11-3 [Indiana Code 36-8-3-4, as added by Acts 1981, P.”
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