Sec. 7. (a) A county officer must be physically present in the county officer’s office during regular office hours for a reasonable amount of time each month during the county officer’s term of office.

     (b) A county officer may be removed from office by the court under IC 5-8-1-35, if the county officer is in violation of this section during one (1) or more months of the county officer’s term. However, it is a defense to any action brought under IC 5-8-1-35 asserting a violation of this section, that the county officer’s failure to be physically present in the county officer’s office was due to:

(1) the serious illness of the county officer or the county officer’s spouse, parent, child, or stepchild; or

(2) military service of the county officer.

The defense is available in any action brought under IC 5-8-1-35 regardless of whether the action is brought by a person or upon resolutions adopted by the county executive or fiscal body under this chapter.

     (c) A county officer:

(1) does not violate this section; and

(2) may not be removed from office under IC 5-8-1-35;

for being physically absent from the county officer’s office during any month in which a declaration of a local disaster emergency under IC 10-14-3-29 is in effect for at least one (1) work day in the county or in the municipality in which the county officer’s office is located.

As added by P.L.169-2021, SEC.2.