CHAPTER 3.5. POLICE AND FIRE MERIT SYSTEMS
IC 36-8-3.5
Chapter 3.5. Police and Fire Merit Systems
IC 36-8-3.5-1
Application of chapter; retention of existing systems; establishmentof new system
Sec. 1. (a) This chapter applies to each municipality or townshipthat has a full-time paid police or fire department. A municipalitymay exercise the power of establishing a merit system for its policeor fire department under this chapter or by ordinance adopted underIC 36-1-4-14. A township may exercise the power of establishing amerit system for its fire department under this chapter or byresolution under IC 36-1-4-14. This chapter does not affect meritsystems established:
(1) by ordinance under IC 36-1-4-14, except as provided bysubsection (e) and section 19.3 of this chapter;
(2) by resolution under IC 36-1-4-14, except as provided bysubsection (f) and section 19.3 of this chapter; or
(3) by a prior statute, except as provided by subsection (b) andsection 19.3 of this chapter.
(b) If a city had a merit system for its police or fire departmentunder the former IC 18-4-12, IC 19-1-7, IC 19-1-14, IC 19-1-14.2,IC 19-1-14.3, IC 19-1-14.5, IC 19-1-20, IC 19-1-21, IC 19-1-29,IC 19-1-29.5, IC 19-1-31, IC 19-1-31.5, or IC 19-1-37.5, it may retainthat system by ordinance of the city legislative body passed beforeJanuary 1, 1983. The ordinance must initially incorporate all theprovisions of the prior statute but may be amended by the legislativebody after December 31, 1984. The ordinance retaining the systemmust be amended, if necessary, to include a provision under whichthe commission (or governing board of the merit system) has at leastone-third (1/3) of its members elected by the active members of thedepartment as prescribed by section 8 of this chapter. Each electedcommission member must:
(1) be a person of good moral character; and
(2) except for a member of a fire department having a meritsystem established under IC 19-1-37.5, not be an active memberof a police or fire department or agency.
(c) After December 31, 1984, the legislative body also may repealthe ordinance described in subsection (b), but the legislative bodyshall in the repealing ordinance concurrently establish a new meritsystem under section 3 of this chapter. (This subsection does notrequire the legislative body to establish a new merit system when itexercises its power to amend the ordinance under subsection (b).)After the new merit system takes effect, all members of thedepartment are entitled to the same ranks and pay grades themembers held under the prior system, subject to changes made inaccordance with this chapter.
(d) If a city had a merit system for its police or fire departmentunder a prior statute but fails to retain that system under subsection(b), the city legislative body shall, before July 1, 1983, pass an
ordinance to establish a new merit system under section 3 of thischapter. If the new merit system is approved as provided by section4 of this chapter, it takes effect as provided by that section. However,if the new merit system is rejected under section 4 of this chapter,within thirty (30) days the city legislative body shall adopt anordinance to retain the prior merit system. The prior merit systemremains in effect until the new merit system takes effect, after whichtime all members of the department are entitled to the same ranks andpay grades the members held under the prior system, subject tochanges made in accordance with this chapter.
(e) An ordinance adopted under IC 36-1-4-14 to establish a policeor fire merit system must include a provision under which thecommission, or governing board of the merit system, has at leastone-third (1/3) of its members elected by the active members of thedepartment as prescribed by section 8 of this chapter. Each electedcommission member must be a person of good moral character whois not an active member of a police or fire department or agency. Ifan ordinance was adopted under IC 36-1-4-14 before July 1, 1988,the ordinance must be amended to include this requirement.
(f) This chapter does not prevent a township or other unit that hasadopted a merit system under section 3 of this chapter from lateramending or deleting any provisions of the merit system containedin this chapter. However, the merit system must include a provisionunder which the commission has at least one-third (1/3) of itsmembers elected by the active members of the department, as setforth in section 8 of this chapter and a provision that incorporates therequirements of section 6(a) of this chapter. This subsection does notrequire the legislative body to establish a new merit system when itexercises its power to amend under this subsection.
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.189-1988,SEC.7; P.L.310-1989, SEC.1; P.L.3-1990, SEC.128; P.L.180-2002,SEC.1; P.L.1-2003, SEC.100; P.L.13-2010, SEC.3.
IC 36-8-3.5-2
Definitions
Sec. 2. As used in this chapter:
"Commission" refers to the merit commission for a merit systemestablished under this chapter.
"Department" refers to the police or fire department of a unit.
As added by Acts 1981, P.L.316, SEC.1.
IC 36-8-3.5-3
Establishment; separate systems
Sec. 3. (a) The legislative body of a unit (other than a township)may, by ordinance, establish a merit system under this chapter for thepolice or fire department of the unit. The legislative body of atownship may, by resolution, establish a merit system under thischapter for the township's fire department. Before the merit systemtakes effect, however, the system must be approved by a majority ofthe active members of the department in a referendum. (b) The legislative body shall specify in the adopting ordinance orresolution which of the provisions of this chapter that are left to itsdiscretion are being adopted.
(c) If a merit system is established under this chapter for eachdepartment of a unit, each department has a separate merit system.
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.180-2002,SEC.2.
IC 36-8-3.5-4
Approval or rejection of system by members; notice; voting;subsequent proposals
Sec. 4. (a) Within sixty (60) days after the adoption of anordinance or resolution establishing a merit system, the safety boardshall give at least three (3) weeks' notice to all active members of thedepartment that a meeting will be held to approve or reject the meritsystem. The notice shall be given by posting it in prominent placesin all stations of the department. The notice must designate the time,place, and purpose of the meeting.
(b) A copy of the ordinance or resolution shall be distributed toeach active member of the department at least one (1) week beforethe date of the meeting.
(c) Only active members of the department may attend themeeting, and at the meeting one (1) of them shall be selected aschairman. All voting must be by secret written ballot. The otherprocedures for holding the meeting may be determined by the safetyboard and shall be posted in accordance with subsection (a).
(d) If a majority of the active members of the department vote toapprove the merit system, the merit system takes effect on January1 following the vote. Appointments to the merit commission shall bemade by March 1 following that January 1.
(e) If a majority of the active members of the department vote toreject the merit system, another proposal may not be put to a votewithin one (1) year after the day the meeting is held.
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.180-2002,SEC.3.
IC 36-8-3.5-5
Request to establish system; referendum; legislative action
Sec. 5. (a) A majority of the active members of the department, byreferendum under section 4 of this chapter, may request the unit'slegislative body to establish a merit system for the department. Thelegislative body shall vote on the request within sixty (60) days afterit is filed with the clerk of the legislative body of a county or amunicipality or the executive of a township.
(b) If the legislative body votes to grant the request, the legislativebody shall adopt an ordinance or resolution establishing a meritsystem under this chapter. A copy of the ordinance or resolution shallbe distributed to each active member of the department, and anotherreferendum under section 4 of this chapter is required before themerit system takes effect. (c) If the legislative body votes to deny the request, the requestmay not be resubmitted to the legislative body for one (1) year.Before the request may be resubmitted, another referendum undersection 4 of this chapter must be held.
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.180-2002,SEC.4.
IC 36-8-3.5-6
Merit commission; establishment; appointment of members;qualifications; oath
Sec. 6. (a) A merit commission consisting of five (5)commissioners shall be established for each department of a unithaving a merit system. The commissioners are:
(1) two (2) persons, who must be of different political parties,appointed by the unit's executive;
(2) one (1) person appointed by the unit's legislative body; and
(3) two (2) persons, who must be of different political parties,elected by the active members of the department.
Notwithstanding IC 36-1-8-10, political affiliation shall bedetermined through the voters' registration records of the three (3)most recent primary elections.
(b) Each commissioner must have been a legal resident of the unitfor three (3) consecutive years immediately preceding thecommissioner's term and must be a person of good moral character.The legislative body may, upon the recommendation of the safetyboard, determine a per diem to be paid to each commissioner foreach day of actual service for the commission. A commissioner mustbe at least twenty-one (21) years of age. A commissioner may not bean active member of a police or fire department or agency and notmore than two (2) of the commissioners may be past members of apolice or fire department or agency. In addition, a person may notserve on the commission if the person receives any remuneration assalary from the unit.
(c) Each commissioner shall take an oath of office toconscientiously discharge the commissioner's duties. A signed copyof the oath shall be filed with the safety board.
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.185-1988,SEC.4.
IC 36-8-3.5-7
Commissioners; terms; tenure
Sec. 7. (a) The term of a commissioner is four (4) years. However,one (1) of the executive's initial selections and one (1) of thedepartment's initial selections are for terms of two (2) years.
(b) A vacancy on the commission shall be filled within thirty (30)days by the appointing or electing authority. The selection is for theremainder of the unexpired term.
(c) A commissioner serves at the pleasure of the appointing orelecting authority and may be removed at any time. In the case of acommissioner elected by the department, the safety board shall call
a meeting of the active members of the department under theprocedures specified in section 4 of this chapter if a recall petitionsigned by a majority of the active members is submitted to the board.
As added by Acts 1981, P.L.316, SEC.1.
IC 36-8-3.5-8
Elections; meeting; notice
Sec. 8. (a) An election to be made by the active members of thedepartment shall be made at a meeting called specifically for thatpurpose by the safety board. The board shall give at least three (3)weeks' notice of the meeting to all active members of the departmentby posting the notice in prominent locations in stations of thedepartment. The notice shall also be read during shift roll calls. Thenotice must designate the time, place, and purpose of the meeting.
(b) Only active members of the department may attend themeeting, and at the meeting one (1) of them shall be selected aschairman. All voting must be by secret written ballot. The otherprocedures for holding the meeting may be determined by the safetyboard and shall be posted in accordance with subsection (a).
As added by Acts 1981, P.L.316, SEC.1.
IC 36-8-3.5-9
Rules governing commission; transaction of business; selection ofofficers; records; budget
Sec. 9. (a) Within thirty (30) days after the commission isselected, the commission shall adopt rules to govern the commission,including the time and place of regular monthly meetings and specialmeetings that are necessary to transact the business of thecommission. A majority of the commissioners constitutes a quorum,and a majority vote of all the commissioners is necessary to transactthe business of the commission. Each year the commissioners shallselect from among their number a president, vice president, andsecretary. The commission shall keep a permanent record of itsproceedings.
(b) The commission shall submit a proposed annual budget to theunit as other budgets of the unit are submitted. The legislative bodyshall include in its budget an amount sufficient for the necessaryexpenses of the commission.
As added by Acts 1981, P.L.316, SEC.1.
IC 36-8-3.5-10
Rules; adoption; notice and hearing
Sec. 10. (a) Within ninety (90) days after the commission isselected, the commission shall adopt rules governing:
(1) the selection and appointment of persons to be employed asmembers of the department, subject to applicable pensionstatutes;
(2) promotions and demotions of members of the department;and
(3) disciplinary action or dismissal of members of the
department.
(b) Before the rules required by this chapter are adopted by thecommission, the commission must hold a public hearing to considerthe adoption of the proposed rules. At least ten (10) days before thepublic hearing, the commission must have a notice of the hearingpublished in accordance with IC 5-3-1. The notice must state the timeand place of the hearing and give briefly the subject matter of theproposed rules.
(c) At least ten (10) days before the hearing, one (1) copy of theproposed rules must be placed on file in the office of the:
(1) clerk of a county, city, or town; or
(2) executive of a township;
for inspection by residents of the unit.
(d) At least ten (10) days before the hearing, three (3) copies ofthe proposed rules must be forwarded to the chief of the departmentand retained on file in the chief's office for inspection at all times bymembers of the department.
(e) At the hearing, any interested person of the unit and anymember of the department must be afforded an opportunity to presentboth oral and written evidence on any matter relating to the adoptionof the proposed rules. The commission shall give due considerationto this evidence in making its final decision concerning the adoptionof the proposed rules.
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.180-2002,SEC.5.
IC 36-8-3.5-11
Department members; tenure; chief; appointment andqualifications
Sec. 11. (a) The commission may appoint and remove membersof the department, except for a member in an upper levelpolicymaking position. The executive of the unit shall appoint andmay remove a member in an upper level policymaking position.
(b) The chief of a fire department shall be selected from themembers of the department, and he must have at least five (5) yearsservice in the department before his appointment. Theserequirements may be waived by a majority vote of the unit'slegislative body upon request of the unit's executive. However, thechief must still have at least five (5) years service in a full-time, paidfire department or agency.
(c) To be appointed chief or deputy chief of a police department,an applicant must meet the qualifications in IC 36-8-4-6.5.
(d) The removal of a member from an upper level policymakingposition is removal from rank only and not from the department.When the member is removed, he shall be appointed by thecommission to the rank in the department that he held at the time ofhis upper level appointment or to any rank to which he had beenpromoted during his tenure in the upper level position. If such a rankis not open in either case, the member is entitled to the pay of thatrank and shall be promoted to that rank as soon as an opening is
available.
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.348-1987,SEC.1.
IC 36-8-3.5-12
Department members; appointment; qualifications; application;general aptitude test; ratings; eligibility list; vacancies; physicalagility test; probation
Sec. 12. (a) To be appointed to the department, an applicant mustbe:
(1) a citizen of the United States;
(2) a high school graduate or equivalent; and
(3) at least twenty-one (21) years of age, but under thirty-six(36) years of age.
However, the age requirements do not apply to a person who hasbeen previously employed as a member of the department.
(b) A person may not be appointed, reappointed, or reinstated ifhe has a felony conviction on his record.
(c) Applications for appointment or reappointment to thedepartment must be filed with the commission. The applicant mustproduce satisfactory proof of the date and place of his birth.
(d) Applicants for appointment or reappointment to thedepartment must pass the general aptitude test required underIC 36-8-3.2-3 or IC 36-8-3.2-3.5. The general aptitude test shall:
(1) reflect the essential functions of the job;
(2) be conducted according to procedures adopted by thecommission; and
(3) be administered in a manner that reasonably accommodatesthe needs of applicants with a disability.
The results of the general aptitude test shall be filed with thecommission. If the commission finds that the applicant lacks theproper qualifications, it shall reject the applicant.
(e) The applicants shall then be rated on the selection criteria andtesting methods adopted by the commission, which may includemental alertness, character, habits, and reputation. The commissionshall adopt rules for grading the applicants, including theestablishment of a passing score. The commission shall place thenames of applicants with passing scores on an eligibility list by theorder of their scores and shall certify the list to the safety board.
(f) If an applicant for original appointment reaches his thirty-sixthbirthday, his name shall be removed from the eligibility list.Applicants remain on the list for two (2) years from the date ofcertification. After two (2) years a person may reapply as anapplicant.
(g) When a vacancy occurs in the department, the commission,upon a written request of the chief of the department, shalladminister the physical agility test under IC 36-8-3.2-3 orIC 36-8-3.2-3.5 to the applicant having the highest score on theeligibility list. If the appointed applicant successfully completes thephysical agility test, the applicant shall then be enrolled as a member
of the department to fill the vacancy if:
(1) the applicant is still of good character; and
(2) the applicant passes the required examinations identified inIC 36-8-3.2-6 and IC 36-8-8-19.
(h) All appointments are probationary for a period not to exceedone (1) year. If the commission finds, upon the recommendation ofthe department during the probationary period, that the conduct orcapacity of the probationary member is not satisfactory, thecommission shall notify him in writing that he is being reprimanded,that he is being suspended, or that he will not receive a permanentappointment. If a member is notified that he will not receive apermanent appointment, his employment immediately ceases.Otherwise, at the expiration of the probationary period the memberis considered regularly employed.
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.4-1992,SEC.30; P.L.99-2007, SEC.214.
IC 36-8-3.5-13
Promotions; rules; requisites; eligibility list
Sec. 13. (a) Rules governing promotions must provide that thefollowing factors be considered in rating a member of the departmentfor a promotion:
(1) The score received by the member on a written competitiveexamination.
(2) The score received by the member on an oral competitiveinterview.
(3) The performance record of the member in the department.
(4) The member's length of service.
The commission shall determine the weight to be given to each of thefactors. However, neither a member's length of service nor the scorereceived on the oral interview may comprise more than twentypercent (20%) each of the rating.
(b) Promotions to a rank must be from the next lower rank. Inaddition, the member being promoted must have served at the lowerrank for a period determined by the commission.
(c) Only members who are qualified in rank and length of servicemay be given the competitive examinations and placed on aneligibility list. The eligibility list for a position consists of memberswho have been placed on the list in order of their cumulative scoreon all rating factors. The eligibility list shall be maintained for two(2) years from the date of certification, after which time the list shallbe retired and a new list established. The retired list shall be kept forfive (5) years and then destroyed.
As added by Acts 1981, P.L.316, SEC.1.
IC 36-8-3.5-14
Promotions; competitive examinations; procedures
Revisor's Note: The version of IC 36-8-3.5-14 appearing in the1993 Edition of the Indiana Code was printed incorrectly. Use thefollowing version of IC 36-8-3.5-14. Sec. 14. (a) Before a written competitive examination may be heldto fill a current or expected vacancy in the ranks, the memberseligible to take the examination must be notified of the writtenmaterials from which the questions will be taken. The commissionmay employ instructors, purchase materials, and make otherexpenditures to provide information for applicants for promotionexaminations.
(b) The identity of a member taking the written examination shallbe withheld from the person or persons grading the examination, andall written examinations are confidential. The commission shallnotify each member in writing of the score that the member receivedon the examination. The score received by a member on the writtenexamination becomes a part of the permanent file of the member, andthe member is entitled to access to this file for examination at anytime.
(c) The examination papers shall be kept under the commission'ssupervision. A member who is aggrieved with the score received onthe written examination may appeal to the commission for review ofthe score. The appeal must be filed within ten (10) days after noticeof the score has been sent to him. He may review the questionsincorrectly answered by him and challenge the answer consideredcorrect by the examiner. The commission shall either affirm the scoreor correct the score according to the findings of a review. Theexamination papers shall be retired after the two (2) year periodduring which the eligibility list is valid. The retired papers shall bekept for five (5) years and then destroyed.
As added by Acts 1981, P.L.316, SEC.1.
IC 36-8-3.5-15
Performance ratings; rules; appeal
Sec. 15. (a) The commission shall adopt rules for determining aperformance rating. The rules must require that a performance ratingbe made at least once every six (6) months for each member of thedepartment, including probationary members. The rating shall bemade by one (1) or more of the member's superiors, as defined in thecommission's rules. Probationary members shall be rated in the samemanner as other members of the department. The ratings shall besubmitted to the chief of the department and kept on file in his officeunder his supervision. The chief shall notify each member in writingof the rating that the member received.
(b) A member who is aggrieved with the performance rating givento him by his superior may appeal to the commission for a review ofthe rating. The appeal must be filed within ten (10) days after noticeof the rating has been sent to him. The commission shall either affirmor correct the rating.
As added by Acts 1981, P.L.316, SEC.1.
IC 36-8-3.5-16
Promotions; certification of eligible members; probation;procedures Sec. 16. (a) When a vacancy in rank occurs, the commission shallcertify to the chief of the department the three (3) members with thehighest scores on the eligibility list for that particular rank. Withinsix (6) months the commission, upon the recommendation of thechief, shall promote one (1) of those members to fill the vacantposition.
(b) All promotions are probationary for a period not to exceed one(1) year. At the end of the period, a probationary member's superiorshall review the member's performance and recommend to thecommission that:
(1) the promotion be made permanent; or
(2) the promotion be revoked.
(c) The commission shall prepare a rating chart for the superior'suse in making the report. The commission shall review the report anddecide what action should be taken. The probationary member isentitled to appear before the commission and be heard on any matterdetrimental to him in his superior's report. He is also entitled to berepresented by counsel or another representative of his choice. If thepromotion is finally revoked the member may not be returned to arank lower than that he held before the probationary promotion.
(d) Actions by the commission other than making the promotionpermanent may be appealed within thirty (30) days to the circuit orsuperior court of the county, with the unit being named as the soledefendant.
As added by Acts 1981, P.L.316, SEC.1.
IC 36-8-3.5-17
Disciplinary actions; grounds; hearing; notice; requisites;procedures; appeal
Sec. 17. (a) The commission may take the following disciplinaryactions 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 isentitled to the member's remuneration and allowances for insurancebenefits to which the member was entitled before the suspension. Inaddition, the local unit may provide the member's allowances for anyother fringe benefits to which the member was entitled before thesuspension. The commission shall determine if a member of thedepartment who is suspended in excess of five (5) days shallcontinue to receive the member's salary during suspension.
(b) A member may be disciplined by the commission if:
(1) the member is convicted of a crime; or
(2) the commission finds the member guilty of a breach ofdiscipline, including:
(A) neglect of duty;
(B) violation of commission rules;
(C) neglect or disobedience of orders;
(D) continuing incapacity; (E) absence without leave;
(F) immoral conduct;
(G) conduct injurious to the public peace or welfare;
(H) conduct unbecoming a member; or
(I) furnishing information to an applicant for appointment orpromotion that gives that person an advantage over anotherapplicant.
(c) If the chief of the department, after an investigation within thedepartment, prefers charges against a member of the department foran alleged breach of discipline under subsection (b), including anycivilian complaint of an alleged breach of discipline under subsection(b)(2)(F), (b)(2)(G), or (b)(2)(H), a hearing shall be conducted uponthe request of the member. If a hearing is requested within five (5)days of the chief preferring charges, the parties may by agreementdesignate a hearing officer who is qualified by education, training,or experience. If the parties do not agree within this five (5) dayperiod, the commission may hold the hearing or designate a personor board to conduct the hearing, as provided in the commission'srules. The designated person or board must be qualified byeducation, training, or experience to conduct such a hearing and maynot hold an upper level policy making position. The hearingconducted under this subsection shall be held within thirty (30) daysafter it is requested by the member.
(d) Written notice of the hearing shall be served upon the accusedmember in person or by a copy left at the member's last and usualplace of residence at least fourteen (14) days before the date set forthe hearing. 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 oranother representative of the member's choice;
(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.
(e) The commission may:
(1) compel the attendance of witnesses by issuing subpoenas;
(2) examine witnesses under oath; and
(3) order the production of books, papers, and other evidence byissuing subpoenas.
(f) If a witness refuses to appear at a hearing of the commissionafter having received written notice requiring the witness'sattendance, or refuses to produce evidence that the commissionrequests by written notice, the commission may file an affidavit inthe circuit court of the county setting forth the facts of the refusal.Upon the filing of the affidavit, a summons shall be issued from thecircuit court and served by the sheriff of the county requiring the
appearance of the witness or the production of information orevidence to the commission.
(g) Disobedience of a summons constitutes contempt of the circuitcourt from which the summons has been issued. Expenses related tothe filing of an affidavit and the issuance and service of a summonsshall be charged to the witness against whom the summons has beenissued, unless the circuit court finds that the action of the witnesswas taken in good faith and with reasonable cause. In that case, andin any case in which an affidavit has been filed without the issuanceof a summons, the expenses shall be charged to the commission.
(h) A decision to discipline a member may be made only if thepreponderance of the evidence presented at the hearing indicatessuch a course of action.
(i) A member who is aggrieved by the decision of a person orboard designated to conduct a disciplinary hearing under subsection(c) may appeal to the commission within ten (10) days of thedecision. The commission shall on appeal review the record andeither affirm, modify, or reverse the decision on the basis of therecord and such oral or written testimony that the commissiondetermines, including additional or newly discovered evidence.
(j) The commission, or the designated person or board, shall keepa record of the proceedings in cases of suspension, demotion, ordismissal. The commission shall give a free copy of the transcript tothe member upon request if an appeal is filed.
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.58-1989,SEC.4; P.L.265-1993, SEC.3.
IC 36-8-3.5-18
Appeal to court; suspension or dismissal; precedence
Sec. 18. (a) A member who is aggrieved by a decision of thecommission to suspend him for a period greater than ten (10)calendar days, demote him, or dismiss him may appeal to the circuitor superior court of the county in which the unit is located.
(b) The appeal shall be made according to the Indiana rules oftrial procedure with the following exceptions:
(1) The verified appeal must be filed within thirty (30) daysafter the date of the board's decision.
(2) The unit shall be named as the sole defendant.
(3) The unit is assumed to have denied the allegations withoutfiling a responsive pleading.
(4) The plaintiff must file a bond at the time of filing thecomplaint conditioned on the plaintiff prosecuting the appeal toa final determination and paying the court costs incurred in theappeal.
(5) Within thirty (30) days after the service of summons thecommission shall file in court a complete transcript of allpapers, entries, and other parts of the record relating to the case.
(c) The appeal takes precedence over other litigation pendingbefore the court.
As added by Acts 1981, P.L.316, SEC.1.
IC 36-8-3.5-19
Summary disciplinary actions; reprimand or suspension
Sec. 19. (a) In addition to the disciplinary powers of thecommission, the chief of the department, may, without a hearing,reprimand or suspend without pay a member, including a police radioor signal alarm operator or a fire alarm operator, for a maximum offive (5) working days. For the purposes of this subsection, eight (8)hours of paid time constitutes one (1) working day.
(b) If a chief reprimands a member in writing or suspends amember, he shall, within forty-eight (48) hours, notify thecommission in writing of the action and the reasons for the action. Amember who is reprimanded in writing or suspended under thissection may, within forty-eight (48) hours after receiving notice ofthe reprimand or suspension, request in writing that the commissionreview the reprimand or suspension and either uphold or reverse thechief's decision. At its discretion, the commission may hold a hearingduring this review. If the board holds a hearing, written notice mustbe given either by service upon the member in person or by a copyleft at the member's last and usual place of residence at least fourteen(14) days before the date set for the hearing. The notice must containthe information listed under section 17(d) of this chapter. If thedecision is reversed, the individual who was suspended is entitled toany wages withheld as a result of the suspension.
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.265-1993,SEC.4.
IC 36-8-3.5-19.3
Suspension or termination of EMS personnel; right to hearing andappeal
Sec. 19.3. (a) This section applies to a department that has at leastone (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 doesnot otherwise apply as provided under section 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 orotherwise provide medical control and direction to the certifiedemployee.
(2) The medical director refuses or fails to attest to the
competency of the certified employee to perform emergencymedical services.
(3) The medical director suspends the certified employee fromperforming emergency medical services.
(e) Before a department takes any employment related action asthe result of a medical director's action described in subsection (d)against a certified employee, the certified employee is entitled to ahearing and appeal concerning the medical director's action asprovided in sections 17 and 18 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, thecommission 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.4.
IC 36-8-3.5-20
Retirement age
Sec. 20. A member of the department shall retire from thedepartment when the member reaches the member's seventiethbirthday. However, a member of the department who is seventy (70)years of age or older at the time the ordinance or resolutionestablishing the merit system takes effect may serve until the end ofthe calendar year.
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.38-1986,SEC.2; P.L.180-2002, SEC.6.
IC 36-8-3.5-21
Temporary leave of absence; seniority; reinstatement
Sec. 21. (a) If it is necessary for the safety board to reduce thenumber of members of the department, the reduction shall be madeby granting a temporary leave of absence, without pay or financialobligation to the unit, to the appropriate number of members. Thelast member appointed shall be put on leave first, with othermembers also put on leave in reverse hiring order, until the desiredlevel is achieved.
(b) If the department is increased in number again, the membersof the department who have been granted leaves of absence underthis section shall be reinstated before an applicant on the eligibilitylist is appointed to the department. The reinstatements begin with thelast member granted a leave.
(c) A member on leave of absence shall keep the commissionadvised of his current address. A member shall be informed of his
reinstatement by written notice. Within ten (10) calendar days aftera member receives notice of reinstatement, he must advise thecommission that he accepts reinstatement and will be able tocommence employment on the date specified in the notice. Allreinstatement rights granted to a member terminate upon his failureto accept reinstatement within that period.
As added by Acts 1981, P.L.316, SEC.1.
IC 36-8-3.5-22
Rules; printing; copies to department members; effective date
Sec. 22. The department shall print all rules of the commissionand furnish a copy to each member of the department. Amendmentsto the rules take effect thirty (30) days after their adoption if copieshave been furnished to all members of the department within thatperiod. Otherwise, they do not take effect until copies are furnishedto all members of the department.
As added by Acts 1981, P.L.316, SEC.1.
IC 36-8-3.5-23
Offense; furnishing information to applicants
Sec. 23. A commissioner who knowingly furnishes information toan applicant for original appointment or to a member eligible forpromotion that gives that person an advantage over another personcommits a Class D felony.
As added by Acts 1981, P.L.316, SEC.1.