Indiana Code

Ind. Code § 36-8-10-8 (2026)

Reinstatement of sheriff following expiration of term of office

✓ current as of May 2026
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     Sec. 8. A member of the department who becomes sheriff either by election or by appointment shall, upon the expiration of the member's term as sheriff, and upon the member's written application, be appointed by the board to the rank in the department that the member held at the time of the member's election or appointment as sheriff, if there is a vacancy in the department. However, if the member during the member's tenure of office as sheriff has qualified in accordance with the promotion procedure prescribed by the board in its rules for a rank in the department that is higher than the rank the member previously held, the board shall, upon the expiration of the member's term as sheriff, appoint the member to the rank for which the member has qualified under the promotion procedure if there is a vacancy in that rank.

[Pre-Local Government Recodification Citation: 17-3-14-4.]

As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.127-2017, SEC.264.

 

Notes of Decisions
Cited in 2 cases, 1997–2007 · leading case: Murray v. Hamilton Cnty. Sheriff's Dep't, 690 N.E.2d 335 (Ind. Ct. App. 1997).
Murray v. Hamilton Cnty. Sheriff's Dep't, 690 N.E.2d 335 (Ind. Ct. App. 1997). · cites it 38× “Code § 36-8-10-10 in promoting a retiring Sheriff pursuant to Ind.Code § 36-8-10-8, or whether the Board may adopt a procedure under Ind.”
Lake Cnty. Sheriff's Merit Bd. v. Buncich, 869 N.E.2d 482 (Ind. Ct. App. 2007). · cites it 2× “*488 Upon appeal, the Merit Board claims that the election of Merit Board members is not a “proceeding before the Board,” and thus Robert’s Rules of Order are inapplicable, and furthermore, that even if Robert’s Rules of Order were applicable, they cannot, by the very terms of…”
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