CHAPTER 4. POLICE AND FIRE EMPLOYMENT POLICIES IN CITIES
IC 36-8-4
Chapter 4. Police and Fire Employment Policies in Cities
IC 36-8-4-1
Application of chapter
Sec. 1. This chapter applies to all cities.
As added by Acts 1981, P.L.309, SEC.53.
IC 36-8-4-2
Residence requirements
Sec. 2. (a) Members of the police and fire departments must residein Indiana within:
(1) the county in which the city is located; or
(2) a county that is contiguous to the county in which the city islocated.
(b) In a consolidated city, a member who was residing outside thecounty on January 1, 1975, is exempt from subsection (a).
(c) A city with a population of less than seven thousand fivehundred (7,500) may adopt an ordinance that requires a member ofthe city's police or fire department to comply with the following:
(1) Reside within the county in which the city is located.
(2) Have adequate means of transportation into the city.
(3) Maintain in the member's residence telephone service withthe city.
(d) This subsection applies to a city that:
(1) has a population of less than seven thousand five hundred(7,500); and
(2) adopted an ordinance to establish the requirementsdescribed in this subsection before September 1, 1984.
A city may require, in addition to the requirements of subsection (c),that a member of the police or fire department reside within the cityuntil the member has served in the department for five (5) years.
(e) An ordinance adopted under subsection (c) or described insubsection (d)(2) may not require a member of a city's police or firedepartment to reside within the county in which the city is located ifthe member resides outside the county on the date the ordinance isadopted.
As added by Acts 1981, P.L.309, SEC.53. Amended by Acts 1981,P.L.44, SEC.56; P.L.198-1984, SEC.1; P.L.266-1993, SEC.1;P.L.164-1995, SEC.21; P.L.235-1996, SEC.1; P.L.230-1997, SEC.1;P.L.65-2008, SEC.1.
IC 36-8-4-3
Use of departmental vehicles
Sec. 3. Members of the police and fire departments may not usevehicles owned or maintained by their department outside the countyin which the city is located except during the performance of officialduties or as provided for by department regulation.
As added by Acts 1981, P.L.309, SEC.53. Amended by P.L.199-1984,SEC.1.
IC 36-8-4-4
Provision of uniforms and equipment; cash allowance
Revisor's Note: IC 36-8-4-4, as added by Acts 1981, P.L.309,SEC.53 (which was effective 9-1-1981 until 7-1-2009), was printedincorrectly in the 1993 Edition of the Indiana Code but was correctlyprinted in the 1994 Supplement to the Indiana Code and subsequentSupplements and Editions of the Indiana Code through the 2004Edition.
Sec. 4. (a) A city shall provide the active members of the policeand fire departments with all uniforms, clothing, arms, andequipment necessary to perform their duties. Except as provided insection 4.5 of this chapter, after one (1) year of regular service ineither department, a member may be required by the city to furnishand maintain all of the active member's uniforms, clothing, arms, andequipment upon payment to the member by the city of an annual cashallowance of at least two hundred dollars ($200). The city may creditthe uniform allowance to each member against the active member'spurchases during the calendar year and provide for the payment ofany cash balance remaining at the end of the calendar year.
(b) All uniforms, clothing, arms, and equipment provided by thecity under this section remain the property of the city. The city maysell the property when it becomes unfit for use, and all moneyreceived shall be paid into the general fund of the city. Any propertylost or destroyed through the carelessness or neglect of an activemember shall be charged against the active member and the valuededucted from the active member's pay.
As added by Acts 1981, P.L.309, SEC.53. Amended by P.L.8-2009,SEC.1.
IC 36-8-4-4.5
Body armor for active members of police departments
Sec. 4.5. (a) As used in this section, "body armor" has themeaning set forth in IC 35-47-5-13(a).
(b) A city shall provide an active member of the police departmentof the city with body armor for the torso. The city shall replace thebody armor for the torso according to the replacement periodrecommended by the manufacturer of the body armor for the torso.
(c) An active member of the police department of a city shall notbe required to maintain the body armor for the torso furnished underthis section from any annual cash allowance paid to the memberunder section 4(a) of this chapter.
(d) Body armor for the torso provided by a city under this sectionremains the property of the city. The city may sell the property whenit becomes unfit for use, and all money received shall be paid into thegeneral fund of the city.
As added by P.L.8-2009, SEC.2. Amended by P.L.34-2010, SEC.6.
IC 36-8-4-5
Care of police officers and firefighters injured or contractingillnesses as a result of performance of duties Sec. 5. (a) A city shall pay for the care of a police officer orfirefighter who suffers an injury while performing the person's dutyor contracts illness caused by the performance of the person's duty,including an injury or illness that results in a disability or deathpresumed incurred in the line of duty under IC 5-10-13. This careincludes:
(1) medical and surgical care;
(2) medicines and laboratory, curative, and palliative agents andmeans;
(3) X-ray, diagnostic, and therapeutic service, including duringthe recovery period; and
(4) hospital and special nursing care if the physician or surgeonin charge considers it necessary for proper recovery.
(b) Expenditures required by subsection (a) shall be paid from thegeneral fund of the city.
(c) A city that has paid for the care of a police officer orfirefighter under subsection (a) has a cause of action forreimbursement of the amount paid under subsection (a) against anythird party against whom the police officer or firefighter has a causeof action for an injury sustained because of or an illness caused bythe third party. The city's cause of action under this subsection is inaddition to, and not in lieu of, the cause of action of the police officeror firefighter against the third party.
As added by Acts 1981, P.L.309, SEC.53. Amended by P.L.169-1994,SEC.1; P.L.185-2002, SEC.4.
IC 36-8-4-6
Promotions
Sec. 6. (a) This section applies only to:
(1) police departments in second and third class cities having apopulation of ten thousand (10,000) or more; and
(2) fire departments in second and third class cities;
that are not governed by a merit system prescribed by statute orordinance.
(b) Promotion of police officers or firefighters must be from theactive personnel of the department.
(c) A person appointed fire chief must have had at least five (5)years of continuous service with the department immediately beforehis appointment. However, this requirement may be waived by amajority vote of the city legislative body upon request of the cityexecutive, although the person must still have at least five (5) yearsservice with a full-time, paid fire department or agency.
(d) A person appointed to a rank other than police or fire chief ordeputy police chief must have had at least two (2) years ofcontinuous service with the department immediately before hisappointment.
As added by Acts 1981, P.L.309, SEC.53. Amended by Acts 1981,P.L.315, SEC.4; P.L.348-1987, SEC.2.
IC 36-8-4-6.5 Police chiefs or deputy police chiefs; requirements
Sec. 6.5. (a) This section applies to the appointment of a policechief or deputy police chief in all cities.
(b) An applicant must meet the following requirements:
(1) Have five (5) years of service as a police officer with afull-time, paid police department or agency.
(2) Be a citizen of the United States.
(3) Be a high school graduate or equivalent.
(4) Be at least twenty-one (21) years of age.
(5) Be free of mental illness.
(6) Be physically fit.
(7) Have successfully completed the minimum basic trainingrequirements established by the law enforcement training boardunder IC 5-2-1, or have continuous service with the samedepartment to which the applicant was appointed as a lawenforcement officer before July 6, 1972.
(c) In addition to the requirements of subsection (b), an applicantfor appointment as police chief or deputy police chief must have atleast five (5) years of continuous service with the police departmentof that city immediately before the appointment. This requirementmay be waived by the city executive.
As added by P.L.348-1987, SEC.3. Amended by P.L.148-1992,SEC.3; P.L.68-1996, SEC.8.
IC 36-8-4-7
Age limitations; aptitude, physical agility, and physicalexaminations
Sec. 7. (a) A person may not be appointed as a member of thepolice department or fire department after the person has reachedthirty-six (36) years of age. A person may be reappointed as amember of the department only if the person is a former member ora retired member not yet receiving retirement benefits of the 1925,1937, 1953, or 1977 fund and can complete twenty (20) years ofservice before reaching sixty (60) years of age.
(b) This section does not apply to a fire chief appointed under awaiver under section 6(c) of this chapter or a police chief appointedunder a waiver under section 6.5(c) of this chapter.
(c) A person must pass the aptitude, physical agility, and physicalexamination required by the local board of the fund and byIC 36-8-8-19 to be appointed or reappointed as a member of thedepartment.
(d) A fire chief appointed under a waiver under section 6(c) ofthis chapter or police chief appointed under a waiver under section6.5(c) of this chapter who is receiving, or is entitled to receive,benefits from the 1925, 1937, 1953, or 1977 fund may receive thosebenefits while serving as chief, subject to all normal requirements forreceipt of a benefit, including a separation from service.
As added by Acts 1981, P.L.309, SEC.53. Amended by Acts 1981,P.L.315, SEC.5; P.L.38-1986, SEC.3; P.L.55-1987, SEC.3;P.L.4-1992, SEC.31; P.L.213-1995, SEC.4; P.L.246-2001, SEC.13.
IC 36-8-4-8
Police officers; maximum work week; compensation for additionaltime
Sec. 8. (a) A member of the police department may not berequired, except in case of a public emergency as determined by thecity executive, to work more than six (6) days of eight (8) hours eachin one (1) week, or more than an average of forty-eight (48) hoursper week in one (1) year.
(b) If a member of the police department is requested or requiredto appear in court or to perform another service, and the time serveddoes not fall within the limits of his normal eight (8) hour shift, thenthe member may be compensated for the additional time at a rate tobe fixed by ordinance.
(c) This section does not apply to the police chief, chief ofdetectives, superintendent of the department, or matron of thedepartment.
As added by Acts 1981, P.L.309, SEC.53.
IC 36-8-4-9
Firefighters; hours of work
Sec. 9. (a) A member of a regularly organized and paid firedepartment may not be required to work more than an average offifty-six (56) hours per week. However, if on September 1, 1985, afire department was using sixty-three (63) hours as the maximumaverage number of hours a member could work a week, thedepartment may continue to use that figure as the standard. Amember may not be on duty more than twenty-four (24) consecutivehours and must be off duty at least twenty-four (24) consecutivehours out of any forty-eight (48) hour period. Each member isentitled to an additional twenty-four (24) consecutive hours off dutyin every eight (8) day period.
(b) Notwithstanding subsection (a), in case of emergency, or if thepersonnel of the fire department has been reduced below its regularstrength because members are serving in the armed forces of theUnited States, the chief of the fire department, the assistant chief, orother officer in charge may assign a member of the fire departmentto continuous duty during the emergency.
As added by Acts 1981, P.L.309, SEC.53. Amended by P.L.343-1985,SEC.1.
IC 36-8-4-10
Public safety officers; preference for employment
Sec. 10. (a) Subject to subsection (c), the board or persons havingthe authority to employ members of the fire or police departmentshall give a preference for employment according to the followingpriority:
(1) A war veteran who has been honorably discharged from theUnited States armed forces.
(2) A person whose mother or father was a:
(A) firefighter of a unit; (B) municipal police officer; or
(C) county police officer;
who died in the line of duty (as defined in IC 5-10-10-2).
(b) Subject to subsection (c), the board or person having theauthority to employ members of a fire or police department may givea preference for employment to any of the following:
(1) A police officer or firefighter laid off by another city undersection 11 of this chapter.
(2) A county police officer laid off by a sheriff's departmentunder IC 36-8-10-11.1.
(3) A person who:
(A) was employed full-time or part-time by a township toprovide fire protection and emergency services; and
(B) has been laid off by the township.
(c) A person described in subsection (a) or (b) may not receive apreference for employment unless the person:
(1) applies; and
(2) meets all employment requirements prescribed:
(A) by law, including physical and age requirements; and
(B) by the fire or police department.
As added by Acts 1981, P.L.309, SEC.53. Amended by P.L.95-2003,SEC.1; P.L.110-2010, SEC.35.
IC 36-8-4-11
Layoffs; reinstatement
Sec. 11. (a) If it is necessary for the safety board to reduce thenumber of members of the police or fire department by layoff forfinancial reasons, the last member appointed must be the first to belaid off, with other members also laid off in reverse hiring order,until the desired level is achieved.
(b) If the department is increased in number again, the membersof the department who have been laid off under this section shall bereinstated before any new member is appointed to the department.The reinstatements begin with the last member laid off.
(c) A member who is laid off shall keep the appointing authorityadvised of the member's current address. A member shall beinformed of the member's reinstatement by written notice sent bycertified mail to the member's last known address. Within twenty(20) calendar days after notice of reinstatement is sent to a member,the member must advise the hiring body that the member acceptsreinstatement and will be able to commence employment on the datespecified in the notice. All reinstatement rights granted to a memberterminate upon the member's failure to accept reinstatement withinthat twenty (20) day period or five (5) years after the day on whicha member's layoff begins.
As added by P.L.361-1983, SEC.1. Amended by P.L.344-1985,SEC.1; P.L.56-2010, SEC.1.
IC 36-8-4-12
Probationary appointments Sec. 12. The safety board may provide that all appointments to thepolice or fire department are probationary for a period not to exceedone (1) year. If the safety board finds, upon the recommendation ofthe chief of the department during the probationary period, that theconduct or capacity of a member is not satisfactory, the safety boardshall notify the member in writing that he is being suspended or thathe will not receive a permanent appointment. If a member is notifiedthat he will not receive a permanent appointment, his employmentimmediately ceases. Otherwise, at the expiration of the probationaryperiod, the member is considered regularly employed.
As added by P.L.361-1983, SEC.2.