Sec. 23. If any provision of this article, IC 5-10.3, or IC 5-10.4 allows the state as an employer to make an election or take discretionary action, the election or discretionary action shall be taken by the following entities, as applicable:

(1) The governor, if the election or discretionary action involves an elected officer, appointed officer, or employee of the executive branch.

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Terms Used In Indiana Code 5-10.2-2-23

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Employer: as used in this article means the state for employees of the state and a political subdivision or school corporation for its employees. See Indiana Code 5-10.2-1-3
(2) The legislative council, if the election or discretionary action involves a senator, a representative, or an employee of the legislative branch.

(3) The chief justice of the supreme court, if the election or discretionary action involves:

(A) a justice;

(B) a judge;

(C) a prosecuting attorney;

(D) an officer paid by the state under IC 33-23-5-10, IC 33-38-5-7, or IC 33-39-6-2; or

(E) an employee of the judicial branch of state government.

As added by P.L.241-2015, SEC.8.