IN Code § 36-8-3.5-12 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 3.5. Police and Fire Merit Systems|36-8-3.5-12. Department Members; Appointment; Qualifications; Application; General Aptitude Test; Ratings; Eligibility List; Vacancies; Physical Agility Test; Probation

Sec. 12. (a) Subject to IC 36-8-4.7, to be appointed to the department, an applicant must be:(1) a citizen of the United States;(2) a high school graduate or equivalent; and(3) at least:(A) twenty-one (21) years of age, but under thirty-six (36) years of age, if the person is an applicant to the fire department; or(B) twenty-one (21) years of age, but under forty (40) years of age, if the person is an applicant to the police department.However, the age requirements do not apply to a person who has been previously employed as a member of the department.(b) A person may not be appointed, reappointed, or reinstated if the person has a felony conviction on the person's record.(c) Applications for appointment or reappointment to the department must be filed with the commission. The applicant must produce satisfactory proof of the date and place of the applicant's birth.(d) Applicants for appointment or reappointment to the department must pass the general aptitude test required under IC 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 the commission; and(3) be administered in a manner that reasonably accommodates the needs of applicants with a disability.The results of the general aptitude test shall be filed with the commission. If the commission finds that the applicant lacks the proper qualifications, it shall reject the applicant.(e) The applicants shall then be rated on the selection criteria and testing methods adopted by the commission, which may include mental alertness, character, habits, and reputation. The commission shall adopt rules for grading the applicants, including the establishment of a passing score. The commission shall place the names of applicants with passing scores on an eligibility list by the order of their scores and shall certify the list to the safety board.(f) This subsection is subject to IC 36-8-4.7. If an applicant for original appointment to the fire department reaches the applicant's thirty-sixth birthday, the applicant's name shall be removed from the eligibility list. If an applicant for original appointment to the police department reaches the applicant's fortieth birthday, the applicant's name shall be removed from the eligibility list. Applicants remain on the list for two (2) years from the date of certification. After two (2) years a person may reapply as an applicant.(g) When a vacancy occurs in the department, the commission, upon a written request of the chief of the department, shall administer the physical agility test under IC 36-8-3.2-3 or IC 36-8-3.2-3.5 to the applicant having the highest score on the eligibility list. If the appointed applicant successfully completes the physical 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 in IC 36-8-3.2-6 and IC 36-8-8-19.(h) All appointments are probationary for a period not to exceed one (1) year. If the commission finds, upon the recommendation of the department during the probationary period, that the conduct or capacity of the probationary member is not satisfactory, the commission shall notify the member in writing that the member:(1) is being reprimanded;(2) is being suspended; or(3) will not receive a permanent appointment.If a member is notified that the member will not receive a permanent appointment, the member's employment immediately ceases. Otherwise, at the expiration of the probationary period the member is considered regularly employed.[Local Government Recodification Citation: New.]As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.4-1992, SEC.30; P.L.99-2007, SEC.214; P.L.115-2016, SEC.1; P.L.127-2017, SEC.230; P.L.103-2021, SEC.2.