CHAPTER 9. TOWN BOARD OF METROPOLITAN POLICE COMMISSIONERS
IC 36-8-9
Chapter 9. Town Board of Metropolitan Police Commissioners
IC 36-8-9-1
Application of chapter
Sec. 1. This chapter applies to all towns.
As added by Acts 1981, P.L.309, SEC.60.
IC 36-8-9-2
Establishment of board
Sec. 2. The legislative body of a town may by ordinance:
(1) abolish the office of town marshal; and
(2) establish a board of metropolitan police commissioners(referred to as "the board" in this chapter).
As added by Acts 1981, P.L.309, SEC.60. Amended by P.L.3-1987,SEC.567; P.L.101-1998, SEC.4.
IC 36-8-9-3
Repealed
(Repealed by P.L.12-2001, SEC.2.)
IC 36-8-9-3.1
Membership
Sec. 3.1. (a) An ordinance adopted under section 2 of this chaptermust provide as follows:
(1) The board must consist of either of the following number ofmembers:
(A) Three (3) members. If the ordinance provides for a three(3) member board, not more than two (2) board membersmay be members of the same political party, if individualswho satisfy this requirement can be found to serve on theboard.
(B) Five (5) members. If the ordinance provides for a five(5) member board, not more than three (3) board membersmay be members of the same political party, if individualswho satisfy this requirement can be found to serve on theboard.
(2) Each board member must be a resident of the town.
(3) The town legislative body shall appoint each board member.
(4) Except as provided in subdivision (5), the term of eachboard member expires January 1 of the third year after themember's appointment.
(5) The ordinance must provide for staggered terms of the boardmembers and the method for staggering the terms. If the boardhas three (3) members, the term of one (1) board member mustexpire each year. If the board has five (5) members, the termsof not more than two (2) board members may expire each year.
(6) The town legislative body may remove a board member forany cause that the legislative body considers sufficient.
(7) The town legislative body may not appoint a police officer
employed by the town to serve on the board.
(b) The ordinance may provide that a member of the townlegislative body may serve as an ex officio member of the board. Ifthe ordinance permits members of the town legislative body to serveas members of the board, the following apply:
(1) The ordinance must state the maximum number of boardmembers that may also be members of the town legislativebody.
(2) The ordinance must provide either of the following:
(A) That a board member vacates the member's position onthe board when the member is no longer a member of thetown legislative body.
(B) That a board member may continue to serve until the endof the board member's term even if the board membervacates the member's position on the town legislative body.
(3) A board member who is also a member of the townlegislative body may not receive compensation as a boardmember provided under subsection (g).
(4) A board member who is also a member of the townlegislative body is not required to post the bond required bysubsection (f).
(c) This subsection does not apply to a board member who is amember of the town legislative body. Before performing anyfunction of a board member, an individual shall take and subscribean oath or affirmation of office before the circuit court clerk of thecounty in which the town is located.
(d) This subsection applies to all board members. Beforeperforming any function of a board member, an individual shall takeand subscribe an oath or affirmation before the circuit court clerk ofthe county in which the town is located that, in each appointment orremoval made by the board to or from the town police departmentunder this chapter, the board member will not appoint or remove amember of the town police department because of the politicalaffiliation of the person or for another cause or reason other than thatof the fitness of the person.
(e) The circuit court clerk shall file oaths and affirmationsrequired by this section among the circuit court clerk's records.
(f) This subsection does not apply to a board member who is amember of the town legislative body. A board member shall givebond in the penal sum of five thousand dollars ($5,000), payable tothe state and conditioned upon the faithful and honest discharge ofthe member's duties. The bond must be approved by the townlegislative body.
(g) The town legislative body shall fix the salary of boardmembers who are not members of the town legislative body. A boardmember's salary is payable monthly out of the town treasury.
(h) If the board has three (3) members, the town legislative bodymay amend the ordinance at any time to increase the number ofboard members to five (5). The amended ordinance and theappointment of board members must satisfy all the requirements of
subsection (a).
(i) A board established in compliance with section 3 of thischapter (before its repeal) is considered a board established underthis section. A town legislative body may amend an ordinanceadopted in compliance with section 3 of this chapter (before itsrepeal) as provided in this section.
As added by P.L.12-2001, SEC.1.
IC 36-8-9-4
Powers and duties of board
Sec. 4. (a) The board may appoint, subject to the qualifications foremployment determined by the board and approved by the townlegislative body, as many persons as necessary to serve in the policedepartment of the town. One (1) person shall be appointed to serveas the police chief. The board may also appoint other employees thatare necessary to carry on the work of the police department.
(b) The board may recommend and the town legislative body shalldetermine the compensation to be paid to members of the policedepartment in amounts that are just and reasonable.
(c) All persons appointed must be of good moral character andserve only during good behavior. The board constitutes the safetyboard of the town for purposes of the suspension, demotion, ordismissal of any member of the police department. Proceedings forthe suspension, demotion, or dismissal of any member of the policedepartment shall be conducted in the manner prescribed byIC 36-8-3-4. The disciplinary provisions of IC 36-8-3-4.1 also applyto the safety board and the police chief.
(d) The board may make general and special rules for thegovernment and discipline of the police department and may makespecial and general orders to the department through the police chief,who is the executive head of the department.
As added by Acts 1981, P.L.309, SEC.60. Amended by Acts 1981,P.L.315, SEC.6; Acts 1982, P.L.33, SEC.41; P.L.198-1984, SEC.2;P.L.101-1998, SEC.5; P.L.65-2008, SEC.3.
IC 36-8-9-5
Appropriations
Sec. 5. The town legislative body shall appropriate a sumsufficient to pay the salaries of the members of the town policedepartment.
As added by Acts 1981, P.L.309, SEC.60.
IC 36-8-9-6
Statutes governing police departments
Sec. 6. (a) The operation, management, and control of a policedepartment under this chapter is governed by statutes applicable tothe management and control of other municipal police departmentsif those statutes are consistent with this chapter.
(b) The members of the police department may exercise allpowers granted to members of police departments by other statutes.
The members of the police department are entitled to all the rights,powers, and privileges granted by statute to members of policedepartments.
As added by Acts 1981, P.L.309, SEC.60.
IC 36-8-9-7
Probationary appointments
Sec. 7. (a) The board may provide that all appointments to thepolice department are probationary for a period not to exceed one (1)year.
(b) If the board finds, upon the recommendation of the chief of thedepartment during the probationary period, that the conduct orcapacity of a member is not satisfactory, the board shall notify themember in writing that the member is being suspended or that themember will not receive a permanent appointment.
(c) If a member is notified that the member will not receive apermanent appointment, the member's employment immediatelyceases. Otherwise, at the expiration of the probationary period, themember is considered regularly employed.
As added by P.L.98-2000, SEC.28.
IC 36-8-9-8
Payment of line of duty health care expenses for police
Sec. 8. (a) A town shall pay for the care of a full-time, paid policeofficer who:
(1) suffers an injury; or
(2) contracts an illness;
during the performance of the officer's duty.
(b) The town shall pay for the following expenses incurred by apolice officer described in subsection (a):
(1) Medical and surgical care.
(2) Medicines and laboratory, curative, and palliative agentsand means.
(3) X-ray, diagnostic, and therapeutic service, including duringthe recovery period.
(4) Hospital and special nursing care if the physician or surgeonin charge considers it necessary for proper recovery.
(c) Expenditures required by subsection (a) shall be paid from thegeneral fund of the town.
(d) A town that has paid for the care of a police officer undersubsection (a) has a cause of action for reimbursement of the amountpaid under subsection (a) against any third party against whom thepolice officer has a cause of action for an injury sustained becauseof, or an illness caused by, the third party. The town's cause of actionunder this subsection is in addition to, and not in lieu of, the cause ofaction of the police officer against the third party.
As added by P.L.150-2002, SEC.2.
IC 36-8-9-9
Body armor Sec. 9. (a) As used in this section, "body armor" has the meaningset forth in IC 35-47-5-13(a).
(b) After December 31, 2010, a town shall provide an activemember of the police department of the town with body armor for thetorso. The town shall replace the body armor for the torso accordingto the replacement period recommended by the manufacturer of thebody armor for the torso.
(c) An active member of the police department of a town shall notbe required to pay for maintenance of the body armor for the torsofurnished under this section.
(d) Body armor for the torso provided by a town under this sectionremains the property of the town. The town may sell the propertywhen it becomes unfit for use, and all money received shall be paidinto the general fund of the town.
As added by P.L.34-2010, SEC.7.