Ind. Code » Title 36
Indiana Code

Ind. Code § 36-8-10-6 (2025)

Emergencies; appointment of additional deputies and assistants

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 6. (a) A sheriff may appoint additional deputy sheriffs or assistants if an emergency arises that requires them for:

(1) promoting public safety and conserving the peace;

(2) repressing, preventing, and detecting crime; and

(3) apprehending criminals.

     (b) The county executive shall determine the number and salaries of deputy sheriffs or assistants to be appointed in an emergency. The executive shall provide compensation and necessary expenses for them from the general fund of the county without a specific appropriation. Expenses shall be paid after the appointed persons file sworn vouchers with the executive detailing their expenses.

     (c) The deputies or assistants have the same powers that sheriffs have under statute.

     (d) The deputy sheriffs or assistants must have been bona fide residents of the county for at least one (1) year before their appointment. This subsection does not apply to a county having a consolidated city.

     (e) When the emergency ends, the county executive may reduce the number of deputy sheriffs or assistants to the number that the circumstances require for the public welfare.

[Pre-Local Government Recodification Citation: 17-3-6-1.]

As added by Acts 1981, P.L.309, SEC.61.

 

Notes of Decisions
Cited in 3 cases, 1986–1999 · leading case: Spranger v. State, 498 N.E.2d 931 (Ind. 1986).
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Spranger v. State, 498 N.E.2d 931 (Ind. 1986). · cites it 2× “§ 36-2-16-6 (Sheriff's deputies), I.C. § 36-8-10-6 (Appointment of additional deputies or assistants in emergencies), I.”
Delk v. Bd. of Com'rs of Delaware Cnty., 503 N.E.2d 436 (Ind. Ct. App. 1987). · cites it 2× “See Ind.Code Ann. § 36-8-10-6(b) (Burns 1981).”
Donahue v. St. Joseph Cnty. ex rel. Bd. of Commissioners, 720 N.E.2d 1236 (Ind. Ct. App. 1999). · cites it 2× “Applying these principles to the facts, it is clear that there is no agency relationship between the County and the Police Department, the officers were not acting on behalf of the County and the officers were not subject to the County’s supervision or control.”
Ind. Code § 36-8-10-6(b): 1 case
Delk v. Bd. of Com'rs of Delaware Cnty., 503 N.E.2d 436 (Ind. Ct. App. 1987). “See Ind.Code Ann. § 36-8-10-6(b) (Burns 1981).”
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