Sec. 1. (a) This chapter applies to each municipality or township that has a full-time paid police or fire department. A municipality may exercise the power of establishing a merit system for its police or fire department under this chapter or by ordinance adopted under IC 36-1-4-14. A township may exercise the power of establishing […]
Sec. 10. (a) Within ninety (90) days after the commission is selected, the commission shall adopt rules governing: (1) the selection and appointment of persons to be employed as members of the department, subject to applicable pension statutes; (2) promotions and demotions of members of the department; and (3) disciplinary action or dismissal of members […]
Sec. 11. (a) The commission may appoint and remove members of the department, except for a member in an upper level policymaking position. The executive of the unit shall appoint and may remove a member in an upper level policymaking position. (b) The chief of a fire department shall be selected from the members of […]
Sec. 12. (a) Subject to IC 36-8-4.7, to be appointed to the department, an applicant must be: (1) a citizen of the United States; (2) a high school graduate or equivalent; and (3) at least: (A) twenty-one (21) years of age, but under thirty-six (36) years of age, if the person is an applicant to […]
Sec. 13. (a) Rules governing promotions must provide that the following factors be considered in rating a member of the department for a promotion: (1) The score received by the member on a written competitive examination. (2) The score received by the member on an oral competitive interview. (3) The performance record of the member […]
Sec. 14. (a) Before a written competitive examination may be held to fill a current or expected vacancy in the ranks, the members eligible to take the examination must be notified of the written materials from which the questions will be taken. The commission may employ instructors, purchase materials, and make other expenditures to provide […]
Sec. 15. (a) The commission shall adopt rules for determining a performance rating. The rules must require that a performance rating be made at least once every six (6) months for each member of the department, including probationary members. The rating shall be made by one (1) or more of the member’s superiors, as defined […]
Sec. 16. (a) When a vacancy in rank occurs, the commission shall certify to the chief of the department the three (3) members with the highest scores on the eligibility list for that particular rank. Within six (6) months the commission, upon the recommendation of the chief, shall promote one (1) of those members to […]
Sec. 17. (a) The commission may take the following disciplinary actions against a regular member of the department: (1) Suspension with or without pay. (2) Demotion. (3) Dismissal. If a member is suspended under this subsection, the member is entitled to the member’s remuneration and allowances for insurance benefits to which the member was entitled […]
Sec. 18. (a) A member who is aggrieved by a decision of the commission to suspend the member for a period greater than ten (10) calendar days, demote the member, or dismiss the member may appeal to the circuit or superior court of the county in which the unit is located. (b) The appeal shall […]
Sec. 19. (a) In addition to the disciplinary powers of the commission, the chief of the department, may, without a hearing, reprimand or suspend without pay a member, including a police radio or signal alarm operator or a fire alarm operator, for a maximum of five (5) working days. For the purposes of this subsection, […]
Sec. 19.3. (a) This section applies to a department that has at least one (1) certified employee, without regard to whether: (1) the employee is an appointed police officer or firefighter; or (2) the department has a merit system to which this chapter does not otherwise apply as provided under section 1 of this chapter. […]
Sec. 2. As used in this chapter: “Commission” refers to the merit commission for a merit system established under this chapter. “Department” refers to the police or fire department of a unit. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.316, SEC.1.
Sec. 20. A member of the department shall retire from the department when the member reaches the member’s seventieth birthday. However, a member of the department who is seventy (70) years of age or older at the time the ordinance or resolution establishing the merit system takes effect may serve until the end of the […]
Sec. 21. (a) If it is necessary for the safety board to reduce the number of members of the department, the reduction shall be made by granting a temporary leave of absence, without pay or financial obligation to the unit, to the appropriate number of members. The last member appointed shall be put on leave […]
Sec. 22. The department shall print all rules of the commission and furnish a copy to each member of the department. Amendments to the rules take effect thirty (30) days after their adoption if copies have been furnished to all members of the department within that period. Otherwise, they do not take effect until copies […]
Sec. 23. A commissioner who knowingly furnishes information to an applicant for original appointment or to a member eligible for promotion that gives that person an advantage over another person commits a Level 6 felony. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.158-2013, SEC.679.
Sec. 3. (a) The legislative body of a unit (other than a township) may, by ordinance, establish a merit system under this chapter for the police or fire department of the unit. The legislative body of a township may, by resolution, establish a merit system under this chapter for the township’s fire department. Before the […]
Sec. 4. (a) Within sixty (60) days after the adoption of an ordinance or resolution establishing a merit system, the safety board shall give at least three (3) weeks’ notice to all active members of the department that a meeting will be held to approve or reject the merit system. The notice shall be given […]
Sec. 5. (a) A majority of the active members of the department, by referendum under section 4 of this chapter, may request the unit’s legislative body to establish a merit system for the department. The legislative body shall vote on the request within sixty (60) days after it is filed with the clerk of the […]
