CHAPTER 3. SAFETY BOARDS; DISCIPLINARY PROCEDURES
IC 36-8-3
Chapter 3. Safety Boards; Disciplinary Procedures
IC 36-8-3-1
Application of chapter
Sec. 1. This chapter applies to second and third class cities. It alsoapplies to other units, where specifically indicated.
As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1981,P.L.44, SEC.55.
IC 36-8-3-2
Powers and duties of safety boards
Sec. 2. (a) The safety board of a city shall administer the policeand fire departments of the city, except as provided by any statute orordinance referred to in section 5 of this chapter.
(b) The safety board has exclusive control over all matters andproperty relating to the following:
(1) Police department.
(2) Fire department, fire alarms, and fire escapes.
(3) Animal shelters.
(4) Inspection of buildings.
(c) The safety board may purchase the equipment and suppliesand make the repairs needed in the department of public safety.
(d) The safety board may:
(1) adopt rules for the government and discipline of the policeand fire departments; and
(2) adopt general and special orders to the police and firedepartments through the chiefs of the departments.
As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1982,P.L.33, SEC.35.
IC 36-8-3-3
Organization of safety boards; appointment of police officers,firefighters, and other officials
Sec. 3. (a) A majority of the members of the safety boardconstitutes a quorum. The board shall adopt rules concerning thetime of holding regular and special meetings and of giving notice ofthem. The board shall elect one (1) of its members chairman, whoholds the position as long as prescribed by the rules of the board. Theboard shall record all of its proceedings.
(b) The members of the safety board may act only as a board. Nomember may bind the board or the city except by resolution enteredin the records of the board authorizing the member to act in its behalfas its authorized agent.
(c) The safety board shall appoint:
(1) the members and other employees of the police departmentother than those in an upper level policymaking position;
(2) the members and other employees of the fire departmentother than those in an upper level policymaking position;
(3) a market master; and (4) other officials that are necessary for public safety purposes.
(d) The annual compensation of all members of the police and firedepartments and other appointees shall be fixed by ordinance of thelegislative body not later than September 30 of each year for theensuing budget year. The ordinance may grade the members of thedepartments and regulate their pay by rank as well as by length ofservice. If the legislative body fails to adopt an ordinance fixing thecompensation of members of the police or fire department, the safetyboard may fix their compensation, subject to change by ordinance.
(e) The safety board, subject to ordinance, may also fix thenumber of members of the police and fire departments and thenumber of appointees for other purposes and may, subject to law,adopt rules for the appointment of members of the departments andfor their government.
(f) The safety board shall divide the city into police precincts andfire districts.
(g) The police chief has exclusive control of the policedepartment, and the fire chief has exclusive control of the firedepartment, subject to the rules and orders of the safety board. Intime of emergency, the police chief and the fire chief are, for the timebeing, subordinate to the city executive and shall obey the cityexecutive's orders and directions, notwithstanding any law or rule tothe contrary.
As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1981,P.L.315, SEC.1; Acts 1982, P.L.33, SEC.36; P.L.35-1999, SEC.7;P.L.125-2001, SEC.6; P.L.173-2003, SEC.31; P.L.169-2006,SEC.78; P.L.33-2010, SEC.2.
IC 36-8-3-4
Police officers and firefighters; discipline, demotion, and dismissal;hearings; appeals; administrative leave
Sec. 4. (a) This section also applies to all towns and townshipsthat have full-time, paid police or fire departments. For purposes ofthis section, the appropriate appointing authority of a town ortownship is considered the safety board of a town or township. In atown with a board of metropolitan police commissioners, that boardis considered the safety board of the town for police departmentpurposes.
(b) Except as provided in subsection (m), a member of the policeor fire department holds office or grade until the member isdismissed or demoted by the safety board. Except as provided insubsection (n), a member may be disciplined by demotion, dismissal,reprimand, forfeiture, or suspension upon either:
(1) conviction in any court of any crime; or
(2) a finding and decision of the safety board that the memberhas been or is guilty of any one (1) or more of the following:
(A) Neglect of duty.
(B) A violation of rules.
(C) Neglect or disobedience of orders.
(D) Incapacity. (E) Absence without leave.
(F) Immoral conduct.
(G) Conduct injurious to the public peace or welfare.
(H) Conduct unbecoming an officer.
(I) Another breach of discipline.
The safety board may not consider the political affiliation of themember in making a decision under this section. If a member issuspended or placed on administrative leave under this subsection,the member is entitled to the member's allowances for insurancebenefits to which the member was entitled before being suspendedor placed on administrative leave. In addition, the local unit mayprovide the member's allowances for any other fringe benefits towhich the member was entitled before being suspended or placed onadministrative leave.
(c) Before a member of a police or fire department may besuspended in excess of five (5) days without pay, demoted, ordismissed, the safety board shall offer the member an opportunity fora hearing. If a member desires a hearing, the member must requestthe hearing not more than five (5) days after the notice of thesuspension, demotion, or dismissal. Written notice shall be giveneither by service upon the member in person or by a copy left at themember's last and usual place of residence at least fourteen (14) daysbefore the date set for the hearing. The hearing conducted under thissubsection shall be held not more than thirty (30) days after thehearing is requested by the member, unless a later date is mutuallyagreed upon by the parties. The notice must state:
(1) the time and place of the hearing;
(2) the charges against the member;
(3) the specific conduct that comprises the charges;
(4) that the member is entitled to be represented by counsel;
(5) that the member is entitled to call and cross-examinewitnesses;
(6) that the member is entitled to require the production ofevidence; and
(7) that the member is entitled to have subpoenas issued, served,and executed in the county where the unit is located.
If the corporation counsel or city attorney is a member of the safetyboard of a city, the counsel or attorney may not participate as a safetyboard member in a disciplinary hearing concerning a member ofeither department. The safety board shall determine if a member ofthe police or fire department who is suspended in excess of five (5)days shall continue to receive the member's salary during thesuspension.
(d) Upon an investigation into the conduct of a member of thepolice or fire department, or upon the trial of a charge preferredagainst a member of either department, the safety board may compelthe attendance of witnesses, examine them under oath, and requirethe production of books, papers, and other evidence at a meeting ofthe board. For this purpose, the board may issue subpoenas and havethem served and executed in any part of the county where the unit is
located. If a witness refuses to testify or to produce books or papersin the witness's possession or under the witness's control,IC 36-4-6-21 controls to the extent applicable. The proper court maycompel compliance with the order by attachment, commitment, orother punishment.
(e) The reasons for the suspension, demotion, or dismissal of amember of the police or fire department shall be entered as specificfindings of fact upon the records of the safety board. A member whois suspended for a period exceeding five (5) days, demoted, ordismissed may appeal the decision to the circuit or superior court ofthe county in which the unit is located. However, a member may notappeal any other decision.
(f) An appeal under subsection (e) must be taken by filing incourt, within thirty (30) days after the date the decision is rendered,a verified complaint stating in concise manner the general nature ofthe charges against the member, the decision of the safety board, anda demand for the relief asserted by the member. A bond must also befiled that guarantees the appeal will be prosecuted to a finaldetermination and that the plaintiff will pay all costs adjudgedagainst the plaintiff. The bond must be approved as bonds for costsare approved in other cases. The unit must be named as the soledefendant, and the plaintiff shall have a summons issued as in othercases against the unit. Neither the safety board nor the members ofit may be made parties defendant to the complaint, but all are boundby service upon the unit and the judgment rendered by the court.
(g) In an appeal under subsection (e), no pleading is required bythe unit to the complaint, but the allegations are considered denied.The unit may file a motion to dismiss the appeal for failure to perfectit within the time and in the manner required by this section. If morethan one (1) person was included in the same charges and in the samedecision of dismissal by the safety board, then one (1) or more of thepersons may join as plaintiffs in the same complaint, but only thepersons that appeal from the decision are affected by it. The decisionof the safety board is final and conclusive upon all persons notappealing. The decision appealed from is not stayed or affectedpending the final determination of the appeal, but remains in effectunless modified or reversed by the final judgment of the court.
(h) A decision of the safety board is considered prima faciecorrect, and the burden of proof is on the party appealing. All appealsshall be tried by the court. The appeal shall be heard de novo onlyupon any new issues related to the charges upon which the decisionof the safety board was made. The charges are considered to bedenied by the accused person. Within ten (10) days after the serviceof summons the safety board shall file in court a complete transcriptof all papers, entries, and other parts of the record relating to theparticular case. Inspection of these documents by the person affected,or by the person's agent, must be permitted by the safety board beforethe appeal is filed, if requested. Each party may produce evidencerelevant to the issues that it desires, and the court shall review therecord and decision of the safety board upon appeal. (i) The court shall make specific findings and state theconclusions of law upon which its decision is made. If the court findsthat the decision of the safety board appealed from should in allthings be affirmed, its judgment should state that, and judgment forcosts shall be rendered against the party appealing. If the court findsthat the decision of the safety board appealed from should not beaffirmed in all things, then the court shall make a general finding,setting out sufficient facts to show the nature of the proceeding andthe court's decision on it. The court shall either:
(1) reverse the decision of the safety board; or
(2) order the decision of the safety board to be modified.
(j) The final judgment of the court may be appealed by eitherparty. Upon the final disposition of the appeal by the courts, the clerkshall certify and file a copy of the final judgment of the court to thesafety board, which shall conform its decisions and records to theorder and judgment of the court. If the decision is reversed ormodified, then the safety board shall pay to the party entitled to itany salary or wages withheld from the party pending the appeal andto which the party is entitled under the judgment of the court.
(k) Either party shall be allowed a change of venue from the courtor a change of judge in the same manner as such changes are allowedin civil cases. The Indiana Rules of Trial Procedure govern in allmatters of procedure upon the appeal that are not otherwise providedfor by this section.
(l) An appeal takes precedence over other pending litigation andshall be tried and determined by the court as soon as practical.
(m) Except as provided in IC 36-5-2-13, the executive may reducein grade any member of the police or fire department who holds anupper level policy making position. The reduction in grade may bemade without adhering to the requirements of subsections (b)through (l). However, a member may not be reduced in grade to arank below that which the member held before the member'sappointment to the upper level policy making position.
(n) If the member is subject to criminal charges, the board mayplace the member on administrative leave until the disposition of thecriminal charges in the trial court. Any other action by the board isstayed until the disposition of the criminal charges in the trial court.An administrative leave under this subsection may be with or withoutpay, as determined by the board. If the member is placed on leavewithout pay, the board, in its discretion, may award back pay if themember is exonerated in the criminal matter.
As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1981,P.L.315, SEC.2; P.L.104-1983, SEC.5; P.L.58-1989, SEC.3;P.L.265-1993, SEC.1; P.L.234-1996, SEC.1; P.L.34-1999, SEC.5.
IC 36-8-3-4.1
Certain towns and townships; reprimand or temporary suspensionof members without prior hearing; review by safety board
Sec. 4.1. (a) This section also applies to all towns and townshipsthat have full-time, paid police or fire departments. For purposes of
this section, the appropriate appointing authority of a town ortownship is considered the safety board of a town or township. In atown with a board of metropolitan police commissioners, that boardis considered the safety board of the town.
(b) In addition to the disciplinary powers of the safety board, thechief of the department may, without a hearing, reprimand orsuspend without pay a member, including a police radio or signalalarm operator or a fire alarm operator, for a maximum of five (5)working days. For the purposes of this section, eight (8) hours ofpaid time constitutes one (1) working day. If a chief reprimands amember in writing or suspends a member, the chief shall, withinforty-eight (48) hours, notify the board in writing of the action andthe reasons for the action. A member who is reprimanded in writingor suspended under this section may, within forty-eight (48) hoursafter receiving notice of the reprimand or suspension, request inwriting that the board review the reprimand or suspension and eitheruphold or reverse the chief's decision. At its discretion, the boardmay hold a hearing during this review. If the board holds a hearing,written notice must be given either by service upon the member inperson or by a copy left at the member's last and usual place ofresidence at least fourteen (14) days before the date set for thehearing. The notice must contain the information listed under section4(c) of this chapter. If the decision is reversed, the member who wassuspended is entitled to any wages withheld as a result of thesuspension.
As added by Acts 1981, P.L.183, SEC.22. Amended by P.L.265-1993,SEC.2.
IC 36-8-3-4.3
Suspension or termination of EMS personnel; right to hearing andappeal
Sec. 4.3. (a) This section also applies to a town or township thathas at least one (1) certified employee of a full-time, paid fire orpolice department, without regard to whether:
(1) the employee is an appointed police officer or firefighter; or
(2) under section 5 of this chapter, the police or fire departmentis exempt from sections 3, 4, and 4.1 of this chapter.
(b) As used in this section, "certified employee" means anindividual who, as a condition of employment, holds a validcertification issued under IC 16-31-3 by the Indiana emergencymedical services commission established by IC 16-31-2-1.
(c) As used in this section, "medical director" means a physicianwith an unlimited license to practice medicine in Indiana and whoperforms the duties and responsibilities described in 836 IAC 2-2-1.
(d) If a medical director takes any of the following actions againsta certified employee, the medical director shall provide to thecertified employee and to the chief of the certified employee'sdepartment a written explanation of the reasons for the action takenby the medical director:
(1) The medical director refuses or fails to supervise or
otherwise provide medical control and direction to the certifiedemployee.
(2) The medical director refuses or fails to attest to thecompetency of the certified employee to perform emergencymedical services.
(3) The medical director suspends the certified employee fromperforming emergency medical services.
(e) Before a police or fire department takes any employmentrelated action against a certified employee as the result of a medicaldirector's action described in subsection (d), the certified employeeis entitled to a hearing and appeal concerning the medical director'saction as provided in section 4 of this chapter.
(f) If the medical director's action that is the subject of an appealunder subsection (e) is based on a health care decision made by thecertified employee in performing emergency medical services, thesafety board conducting the hearing shall consult with anindependent medical expert to determine whether the certifiedemployee followed the applicable emergency medical servicesprotocol in making the health care decision. The independentmedical expert:
(1) must be a physician trained in emergency medical services;and
(2) may not be affiliated with the same hospital as the medicaldirector.
As added by P.L.13-2010, SEC.1.
IC 36-8-3-5
Merit boards and commissions; exemption from statutoryprocedure
Sec. 5. Except as provided in section 4.3 of this chapter, sections3, 4, and 4.1 of this chapter do not apply to a police or firedepartment having a board or commission established by statute orordinance to establish or administer policies based on merit for theappointment, promotion, demotion, and dismissal of members of thedepartment, unless the establishing law specifically incorporates one(1) or more of those sections.
As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1981,P.L.183, SEC.23; Acts 1982, P.L.33, SEC.37; P.L.13-2010, SEC.2.
IC 36-8-3-6
Police officers; powers and duties
Sec. 6. (a) This section applies to:
(1) all municipalities; and
(2) a county having a consolidated city.
(b) A warrant of search or arrest, issued by any judge, may beexecuted in the municipality by:
(1) any municipal police officer; or
(2) a member of the consolidated law enforcement departmentestablished under IC 36-3-1-5.1;
subject to the laws governing arrest and bail. (c) The police officers of a municipality or a member of theconsolidated law enforcement department shall:
(1) serve all process within the municipality or the consolidatedcity issuing from the city or town court;
(2) arrest, without process, all persons who within view violatestatutes, take them before the court having jurisdiction of theoffense, and retain them in custody until the cause of the arresthas been investigated;
(3) enforce municipal ordinances in accordance with IC 36-1-6;
(4) suppress all breaches of the peace within their knowledgeand may call to their aid the power of the municipality or theconsolidated city and pursue and commit to jail persons guiltyof crimes;
(5) serve all process issued by:
(A) the legislative body of the municipality or theconsolidated city;
(B) any committee of the legislative body of the municipalityor the consolidated city; or
(C) any of the executive departments of the municipality orthe consolidated city;
(6) serve the city or town court and assist the bailiff inpreserving order in the court; and
(7) convey prisoners to and from the county jail or stationhouses of the municipality or the consolidated city forarraignment or trial in the city or town court or to the place ofimprisonment under sentence of the court.
As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1982,P.L.33, SEC.38; P.L.227-2005, SEC.37.
IC 36-8-3-7
Police officers and firefighters; special duty; school security police
Sec. 7. (a) The safety board may detail regular police officers orfirefighters, or appoint and swear an additional number of specialpolice officers or firefighters, to do special duty within the city.Regular police officers and firefighters serving special duty shall bepaid the same rate per diem for this service as is paid to members ofthe department in their regular employment. The board maydetermine the compensation of persons serving special duty in allother cases.
(b) Unless the safety board designates otherwise, the specialpolice officers are subject to the police chief and the specialfirefighters are subject to the fire chief. If they are employees ofdepartments other than the police or fire department, they shall obeythe rules of their respective departments and conform to its disciplineand orders to the extent these do not conflict with the orders of thesafety board. A person other than a regular police officer orfirefighter may not wear a uniform the design of which is not easilydistinguishable from or which conforms with respect to the color ordesign of the state police or a sheriff's patrol of the county in whichthe city is located or the police or fire department of the city. Special
police officers and firefighters, during the term of their appointment,have those powers, privileges, and duties assigned to them by thesafety board. They have these powers, privileges, and duties onlywhile fulfilling the specific responsibilities for which theappointment is made. Persons other than regular police officers andfirefighters appointed under this section may be removed by thesafety board at any time without notice and without assigning anycause.
(c) The powers and duties of officers appointed to serve assecurity police for school corporations include:
(1) the protection of school personnel while on school business,including school children, employees, and members of thegoverning body of the school corporation; and
(2) the protection of all school corporation property.
(d) Auxiliary firefighters directly connected with and created toaugment the regular fire departments may wear a uniform the designof which is established by the safety board. Persons so appointedmay be removed at any time by the board, without notice and withoutassigning any cause.
(e) In time of emergency the safety board may also detailmembers from the police or fire department for the use of any otherdepartment of the city government.
As added by Acts 1981, P.L.309, SEC.52. Amended by P.L.360-1983,SEC.1.
IC 36-8-3-8
Police department; civilian personnel; merit system
Sec. 8. (a) The safety board may employ civilian technical andclerical personnel to work with the police department as civilianradio operators, radio technicians, chemical technicians, laboratorytechnicians, and other civilian technical personnel and clericalpersonnel that are required. The safety board shall fix the salary tobe paid to the civilian technical and clerical personnel subject to thebudgetary procedures applicable to the department of public safety.The civilian technical and clerical personnel are not eligible to bemembers of any police pension fund.
(b) The safety board may establish a merit system for civilianpersonnel appointed under subsection (a). However, in establishinga system the safety board shall consult with the state personnel boardconcerning the form and content of the merit system.
As added by Acts 1981, P.L.309, SEC.52.
IC 36-8-3-9
Oaths; depositions
Sec. 9. The safety board, police chief, and fire chief mayadminister oaths to a person summoned in a proceeding authorizedby this chapter and may take depositions under the rules or orders ofthe board.
As added by Acts 1981, P.L.309, SEC.52.
IC 36-8-3-10
Police departments, chiefs, and captains; powers and duties
Sec. 10. (a) The police department shall, within the city:
(1) preserve peace;
(2) prevent offenses;
(3) detect and arrest criminals;
(4) suppress riots, mobs, and insurrections;
(5) disperse unlawful and dangerous assemblages andassemblages that obstruct the free passage of public streets,sidewalks, parks, and places;
(6) protect the rights of persons and property;
(7) guard the public health;
(8) preserve order at elections and public meetings;
(9) direct the movement of vehicles in public ways or publicplaces;
(10) remove all nuisances in public parks or public ways;
(11) provide proper police assistance at fires;
(12) assist, advise, and protect strangers and travelers in publicways or at transportation facilities;
(13) carefully observe and inspect all places of business underlicense, or required to have them; and
(14) enforce and prevent the violation of all laws in force in thecity.
(b) The police chief and each captain, in the captain's precinct ordistrict, may supervise and inspect all pawnbrokers, vendors,junkshop keepers, cartmen, expressmen, dealers in secondhandmerchandise, intelligence offices, architectural salvage materialdealers (as defined in IC 24-4-16-3), and auctions. Any member ofthe department may be authorized by the chief in writing to exercisethe same powers.
As added by Acts 1981, P.L.309, SEC.52. Amended by P.L.63-2008,SEC.6.
IC 36-8-3-11
Repealed
(Repealed by P.L.148-1995, SEC.8.)
IC 36-8-3-12
Board members, police officers, and firefighters; elective andappointive office
Sec. 12. Members of the safety board and members of anytownship, town, or city (including a consolidated city) policedepartment, fire department, or volunteer fire department (as definedby IC 36-8-12-2) may:
(1) be candidates for elective office and serve in that office ifelected;
(2) be appointed to any office and serve in that office ifappointed; and
(3) as long as they are not in uniform and not on duty, solicitvotes and campaign funds and challenge voters for the office for
which they are candidates.
As added by Acts 1981, P.L.309, SEC.52. Amended by P.L.376-1985,SEC.1; P.L.347-1987, SEC.1; P.L.1-1999, SEC.83.
IC 36-8-3-13
Adoption of rules regulating performance bonds
Sec. 13. The safety board may, subject to city ordinances, adoptrules regulating the giving of bond by an appointee or class ofappointees in the department for faithful performance of officialduty.
As added by Acts 1981, P.L.309, SEC.52.
IC 36-8-3-14
Police and firefighters' insurance funds; creation, management,and distribution
Sec. 14. (a) This section does not apply to second class cities.
(b) The safety board may draft an ordinance and submit it to thelegislative body for the creation, management, and distribution of apolice insurance fund or a firefighters' insurance fund, including aprovision for retaining a certain percentage of each appointee's salaryfor the creation of the fund. The ordinance must prescribe theconditions of investment and who is entitled to the benefits.
As added by Acts 1981, P.L.309, SEC.52.
IC 36-8-3-15
Police officers and firefighters; exemption from militia service
Sec. 15. (a) This section also applies to all members of a firedepartment organized by a town.
(b) Members of the police and fire departments are exempt fromservice in the militia, except in case of war, invasion, or insurrection.
As added by Acts 1981, P.L.309, SEC.52. Amended by P.L.4-1998,SEC.14.
IC 36-8-3-16
Destruction of burning buildings; recovery of damages
Sec. 16. If a building in the city is on fire, or if a building adjacentto it is liable to take or convey fire to other buildings and cause greatdestruction of property, the fire chief, or his assistant acting as chiefwith the concurrence of the executive or of the safety board, maytake down, blow up, or destroy the building or buildings. An actionmay not be maintained against a person for this action, but the ownerof such a building may, in a civil action, recover damages from thecity for its destruction.
As added by Acts 1981, P.L.309, SEC.52.
IC 36-8-3-17
Repealed
(Repealed by P.L.104-1983, SEC.7.)
IC 36-8-3-18 Humane officers; appointment; powers and duties
Sec. 18. A humane officer shall be appointed in every city fromamong the members of the police department. The humane officershall detect and arrest persons violating humane statutes. He isentitled to the same pay as other police officers of the city and issubject to the control and discipline of the police department. If thereis an incorporated humane society in the city, the humane officershall attend the stated and special meetings of the society and shallreport to it, at least once a month, on all matters relating to his dutiesunder law for the previous month. If a humane statute or ordinancehas, to his knowledge, been violated, he shall, if directed by thepresident of the humane society, file his affidavits before a courtcharging the person violating the law with the violation.
As added by Acts 1981, P.L.309, SEC.52.
IC 36-8-3-19
Police matrons; appointment; powers and duties;accommodations; compensation; qualifications
Sec. 19. (a) The safety board may appoint a police matron,including assistants that are necessary. The matron shall receive,search, and properly care for, at the jail or station house, all femaleprisoners who are arrested and detained in custody in the city. Thematron is not a member of the police department of the city, but hasall the authority delegated to a police officer. The matron is subjectto rules that are prescribed for her by the safety board or byordinance and may be removed by the board for good cause shown.
(b) The matron shall be given proper accommodations for herselfand for all prisoners under her control. She is the jailer in charge ofthe woman's department of the station house or jail and may summona police officer or other person to her aid when aid is required. Thematron and her assistant or assistants shall be paid the compensationor salaries that are set for other employees of the police department.The matron, or her assistant, shall attend all courts when femaleprisoners are to be tried and shall take charge of all female prisonerswhile they are awaiting trial or transfer to or from a place ofdetention.
(c) The matron must be at least twenty-one (21) years of age, fullyqualified, and of good moral character.
As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1981,P.L.315, SEC.3.
IC 36-8-3-20
Police reserve officers
Sec. 20. (a) This section applies to counties and towns as well ascities.
(b) A unit may provide by ordinance for any number of policereserve officers.
(c) Police reserve officers shall be appointed by the sameauthority that appoints regular members of the department.
(d) Police reserve officers may be designated by another name
specified by ordinance.
(e) Police reserve officers may not be members of the regularpolice department but have all of the same police powers as regularmembers, except as limited by the rules of the department. Eachdepartment may adopt rules to limit the authority of police reserveofficers.
(f) To the extent that money is appropriated for a purpose listedin this subsection, police reserve officers may receive any of thefollowing:
(1) A uniform allowance.
(2) Compensation for time lost from other employment becauseof court appearances.
(3) Insurance for life, accident, and sickness coverage.
(4) In the case of county police reserve officers, compensationfor lake patrol duties that the county sheriff assigns andapproves for compensation.
(g) Police reserve officers are not eligible to participate in anypension program provided for regular members of the department.
(h) A police reserve officer may not be appointed until he hascompleted the training and probationary period specified by rules ofthe department.
(i) A police reserve officer appointed by the department after June30, 1993, may not:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property; or
(3) carry a firearm;
unless the police reserve officer successfully completes a pre-basiccourse under IC 5-2-1-9(f).
(j) A police reserve officer may be covered by the medicaltreatment and burial expense provisions of the worker'scompensation law (IC 22-3-2 through IC 22-3-6) and the worker'soccupational diseases law (IC 22-3-7). If compensability of the injuryis an issue, the administrative procedures of IC 22-3-2 throughIC 22-3-6 and IC 22-3-7 shall be used to determine the issue.
(k) A police reserve officer carrying out lake patrol duties underthis chapter is immune from liability under IC 34-30-12,notwithstanding the payment of compensation to the officer.
As added by Acts 1981, P.L.309, SEC.52. Amended by P.L.30-1992,SEC.6; P.L.72-1992, SEC.3; P.L.57-1995, SEC.10; P.L.1-1998,SEC.212.
IC 36-8-3-21
Police or fire department members; membership in 1977 fundrequired
Sec. 21. (a) Except as provided in subsection (b), this sectionapplies to all units.
(b) This subsection does not apply to the appointment of a firechief under a waiver under IC 36-8-4-6(c) or the appointment of apolice chief under a waiver under IC 36-8-4-6.5(c). An individualmay not be employed by a unit after May 31, 1985, as a member of
the unit's fire department or as a member of the unit's policedepartment unless the individual meets the conditions formembership in the 1977 fund.
(c) Notwithstanding IC 36-8-1-9, the executive of the unit mayrequest that the 1977 fund accept the following individuals in the1977 fund under IC 36-8-8-7(h):
(1) A fire chief appointed under a waiver under IC 36-8-4-6(c).
(2) A police chief appointed under a waiver underIC 36-8-4-6.5(c).
As added by P.L.342-1985, SEC.1. Amended by P.L.148-1992,SEC.2; P.L.213-1995, SEC.3.