reglab/housing_qa huggingface dataset:
IN Code § 36-8-3.5-4 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 3.5. Police and Fire Merit Systems|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 an ordinance or resolution establishing a merit system, the safety board shall give at least three (3) weeks' notice to all active members of the department that a meeting will be held to approve or reject the merit system. The notice shall be given by posting it in prominent places in 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 to each active member of the department at least one (1) week before the date of the meeting.(c) Only active members of the department may attend the meeting, and at the meeting one (1) of them shall be selected as chair. All voting must be by secret written ballot. The other procedures for holding the meeting may be determined by the safety board and shall be posted in accordance with subsection (a).(d) If a majority of the active members of the department vote to approve the merit system, the merit system takes effect on January 1 following the vote. Appointments to the merit commission shall be made by March 1 following that January 1.(e) If a majority of the active members of the department vote to reject the merit system, another proposal may not be put to a vote within one (1) year after the day the meeting is held.[Local Government Recodification Citation: New.]As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.180-2002, SEC.3; P.L.127-2017, SEC.227.
IN Code § 36-8-3.5-5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 3.5. Police and Fire Merit Systems|36-8-3.5-5. Request to Establish System; Referendum; Legislative Action

Sec. 5. (a) A majority of the active members of the department, by referendum under section 4 of this chapter, may request the unit's legislative body to establish a merit system for the department. The legislative body shall vote on the request within sixty (60) days after it is filed with the clerk of the legislative body of a county or a municipality or the executive of a township.(b) If the legislative body votes to grant the request, the legislative body shall adopt an ordinance or resolution establishing a merit system under this chapter. A copy of the ordinance or resolution shall be distributed to each active member of the department, and another referendum under section 4 of this chapter is required before the merit system takes effect.(c) If the legislative body votes to deny the request, the request may not be resubmitted to the legislative body for one (1) year. Before the request may be resubmitted, another referendum under section 4 of this chapter must be held.[Local Government Recodification Citation: New.]As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.180-2002, SEC.4.
IN Code § 36-8-3.5-6 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 3.5. Police and Fire Merit Systems|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 unit having 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 be determined through the voters' registration records of the three (3) most recent primary elections.(b) Each commissioner must have been a legal resident of the unit for three (3) consecutive years immediately preceding the commissioner's term and must be a person of good moral character. The legislative body may, upon the recommendation of the safety board, determine a per diem to be paid to each commissioner for each day of actual service for the commission. A commissioner must be at least twenty-one (21) years of age. A commissioner may not be an active member of a police or fire department or agency and not more than two (2) of the commissioners may be past members of a police or fire department or agency. In addition, a person may not serve on the commission if the person receives any remuneration as salary from the unit.(c) Each commissioner shall take an oath of office to conscientiously discharge the commissioner's duties. A signed copy of the oath shall be filed with the safety board.[Local Government Recodification Citation: New.]As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.185-1988, SEC.4.
IN Code § 36-8-3.5-7 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 3.5. Police and Fire Merit Systems|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 the department'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 the remainder of the unexpired term.(c) A commissioner serves at the pleasure of the appointing or electing authority and may be removed at any time. In the case of a commissioner elected by the department, the safety board shall call a meeting of the active members of the department under the procedures specified in section 4 of this chapter if a recall petition signed by a majority of the active members is submitted to the board.[Local Government Recodification Citation: New.]As added by Acts 1981, P.L.316, SEC.1.
IN Code § 36-8-3.5-8 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 3.5. Police and Fire Merit Systems|36-8-3.5-8. Elections; Meeting; Notice

Sec. 8. (a) An election to be made by the active members of the department shall be made at a meeting called specifically for that purpose by the safety board. The board shall give at least three (3) weeks' notice of the meeting to all active members of the department by posting the notice in prominent locations in stations of the department. The notice shall also be read during shift roll calls. The notice must designate the time, place, and purpose of the meeting.(b) Only active members of the department may attend the meeting, and at the meeting one (1) of them shall be selected as chair. All voting must be by secret written ballot. The other procedures for holding the meeting may be determined by the safety board and shall be posted in accordance with subsection (a).[Local Government Recodification Citation: New.]As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.127-2017, SEC.228.
IN Code § 36-8-3.5-9 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 3.5. Police and Fire Merit Systems|36-8-3.5-9. Rules Governing Commission; Transaction of Business; Selection of Officers; Records; Budget

Sec. 9. (a) Within thirty (30) days after the commission is selected, the commission shall adopt rules to govern the commission, including the time and place of regular monthly meetings and special meetings that are necessary to transact the business of the commission. A majority of the commissioners constitutes a quorum, and a majority vote of all the commissioners is necessary to transact the business of the commission. Each year the commissioners shall select from among their number a president, vice president, and secretary. The commission shall keep a permanent record of its proceedings.(b) The commission shall submit a proposed annual budget to the unit as other budgets of the unit are submitted. The legislative body shall include in its budget an amount sufficient for the necessary expenses of the commission.[Local Government Recodification Citation: New.]As added by Acts 1981, P.L.316, SEC.1.
IN Code § 36-8-3.5-10 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 3.5. Police and Fire Merit Systems|36-8-3.5-10. Rules; Adoption; Notice and Hearing

Sec. 10. (a) Within ninety (90) days after the commission is selected, the commission shall adopt rules governing:(1) the selection and appointment of persons to be employed as members of the department, subject to applicable pension statutes;(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 the commission, the commission must hold a public hearing to consider the adoption of the proposed rules. At least ten (10) days before the public hearing, the commission must have a notice of the hearing published in accordance with IC 5-3-1. The notice must state the time and place of the hearing and give briefly the subject matter of the proposed rules.(c) At least ten (10) days before the hearing, one (1) copy of the proposed 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 of the proposed rules must be forwarded to the chief of the department and retained on file in the chief's office for inspection at all times by members of the department.(e) At the hearing, any interested person of the unit and any member of the department must be afforded an opportunity to present both oral and written evidence on any matter relating to the adoption of the proposed rules. The commission shall give due consideration to this evidence in making its final decision concerning the adoption of the proposed rules.[Local Government Recodification Citation: New.]As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.180-2002, SEC.5.
IN Code § 36-8-3.5-11 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 3.5. Police and Fire Merit Systems|36-8-3.5-11. Department Members; Tenure; Chief; Appointment and Qualifications

Sec. 11. (a) The commission may appoint and remove members of the department, except for a member in an upper level policymaking position. The executive of the unit shall appoint and may remove a member in an upper level policymaking position.(b) The chief of a fire department shall be selected from the members of the department, and the chief must have at least five (5) years service in the department before the chief's appointment. These requirements may be waived by a majority vote of the unit's legislative body upon request of the unit's executive. However, the chief must still have at least five (5) years service in a full-time, paid fire 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 policymaking position is removal from rank only and not from the department. When the member is removed, the member shall be appointed by the commission to the rank in the department that the member held at the time of the member's upper level appointment or to any rank to which the member had been promoted during the member's tenure in the upper level position. If such a rank is not open in either case, the member is entitled to the pay of that rank and shall be promoted to that rank as soon as an opening is available.[Local Government Recodification Citation: New.]As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.348-1987, SEC.1; P.L.127-2017, SEC.229.
IN Code § 36-8-3.5-13 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 3.5. Police and Fire Merit Systems|36-8-3.5-13. Promotions; Rules; Requisites; Eligibility List

Sec. 13. (a) Rules governing promotions must provide that the following factors be considered in rating a member of the department for a promotion:(1) The score received by the member on a written competitive examination.(2) The score received by the member on an oral competitive interview.(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 the factors. However, neither a member's length of service nor the score received on the oral interview may comprise more than twenty percent (20%) each of the rating.(b) Promotions to a rank must be from the next lower rank. In addition, the member being promoted must have served at the lower rank for a period determined by the commission.(c) Only members who are qualified in rank and length of service may be given the competitive examinations and placed on an eligibility list. The eligibility list for a position consists of members who have been placed on the list in order of their cumulative score on all rating factors. The eligibility list shall be maintained for two (2) years from the date of certification, after which time the list shall be retired and a new list established. The retired list shall be kept for five (5) years and then destroyed.[Local Government Recodification Citation: New.]As added by Acts 1981, P.L.316, SEC.1.
IN Code § 36-8-3.5-14 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 3.5. Police and Fire Merit Systems|36-8-3.5-14. Promotions; Competitive Examinations; Procedures

     Revisor's Note: The version of IC 36-8-3.5-14 appearing in the 1993 Edition of the Indiana Code was printed incorrectly. For the period from 1993 through June 30, 2017, use the version printed in the 2016 edition of the Indiana Code. Use the following version of IC 36-8-3.5-14 after June 30, 2017.Sec. 14. (a) Before a written competitive examination may be held to fill a current or expected vacancy in the ranks, the members eligible to take the examination must be notified of the written materials from which the questions will be taken. The commission may employ instructors, purchase materials, and make other expenditures to provide information for applicants for promotion examinations.(b) The identity of a member taking the written examination shall be withheld from the person or persons grading the examination, and all written examinations are confidential. The commission shall notify each member in writing of the score that the member received on the examination. The score received by a member on the written examination becomes a part of the permanent file of the member, and the member is entitled to access to this file for examination at any time.(c) The examination papers shall be kept under the commission's supervision. A member who is aggrieved with the score received on the written examination may appeal to the commission for review of the score. The appeal must be filed within ten (10) days after notice of the score has been sent to the member. The member may review the questions incorrectly answered by the member and challenge the answer considered correct by the examiner. The commission shall either affirm the score or correct the score according to the findings of a review. The examination papers shall be retired after the two (2) year period during which the eligibility list is valid. The retired papers shall be kept for five (5) years and then destroyed.[Local Government Recodification Citation: New.]As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.127-2017, SEC.231.
IN Code § 36-8-3.5-15 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 3.5. Police and Fire Merit Systems|36-8-3.5-15. Performance Ratings; Rules; Appeal

Sec. 15. (a) The commission shall adopt rules for determining a performance rating. The rules must require that a performance rating be made at least once every six (6) months for each member of the department, including probationary members. The rating shall be made by one (1) or more of the member's superiors, as defined in the commission's rules. Probationary members shall be rated in the same manner as other members of the department. The ratings shall be submitted to the chief of the department and kept on file in the chief's office under the chief's supervision. The chief shall notify each member in writing of the rating that the member received.(b) A member who is aggrieved with the performance rating given to the member by the member's superior may appeal to the commission for a review of the rating. The appeal must be filed within ten (10) days after notice of the rating has been sent to the member. The commission shall either affirm or correct the rating.[Local Government Recodification Citation: New.]As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.127-2017, SEC.232.
IN Code § 36-8-3.5-16 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 3.5. Police and Fire Merit Systems|36-8-3.5-16. Promotions; Certification of Eligible Members; Probation; Procedures

Sec. 16. (a) When a vacancy in rank occurs, the commission shall certify to the chief of the department the three (3) members with the highest scores on the eligibility list for that particular rank. Within six (6) months the commission, upon the recommendation of the chief, shall promote one (1) of those members to fill the vacant position.(b) All promotions are probationary for a period not to exceed one (1) year. At the end of the period, a probationary member's superior shall review the member's performance and recommend to the commission that:(1) the promotion be made permanent; or(2) the promotion be revoked.(c) The commission shall prepare a rating chart for the superior's use in making the report. The commission shall review the report and decide what action should be taken. The probationary member is entitled to appear before the commission and be heard on any matter detrimental to the member in the report of the member's superior. The member is also entitled to be represented by counsel or another representative of the member's choice. If the promotion is finally revoked the member may not be returned to a rank lower than that the member held before the probationary promotion.(d) Actions by the commission other than making the promotion permanent may be appealed within thirty (30) days to the circuit or superior court of the county, with the unit being named as the sole defendant.[Local Government Recodification Citation: New.]As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.127-2017, SEC.233.
IN Code § 36-8-3.5-18 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 3.5. Police and Fire Merit Systems|36-8-3.5-18. Appeal to Court; Suspension or Dismissal; Precedence

Sec. 18. (a) A member who is aggrieved by a decision of the commission to suspend the member for a period greater than ten (10) calendar days, demote the member, or dismiss the member may appeal to the circuit or superior court of the county in which the unit is located.(b) The appeal shall be made according to the Indiana rules of trial procedure with the following exceptions:(1) The verified appeal must be filed within thirty (30) days after 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 without filing a responsive pleading.(4) The plaintiff must file a bond at the time of filing the complaint conditioned on the plaintiff prosecuting the appeal to a final determination and paying the court costs incurred in the appeal.(5) Within thirty (30) days after the service of summons the commission shall file in court a complete transcript of all papers, entries, and other parts of the record relating to the case.(c) The appeal takes precedence over other litigation pending before the court.[Local Government Recodification Citation: New.]As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.127-2017, SEC.234.
IN Code § 36-8-3.5-19 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 3.5. Police and Fire Merit Systems|36-8-3.5-19. Summary Disciplinary Actions; Reprimand or Suspension

Sec. 19. (a) In addition to the disciplinary powers of the commission, the chief of the department, may, without a hearing, reprimand or suspend without pay a member, including a police radio or signal alarm operator or a fire alarm operator, for a maximum of five (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 a member, the chief shall, within forty-eight (48) hours, notify the commission in writing of the action and the reasons for the action. A member who is reprimanded in writing or suspended under this section may, within forty-eight (48) hours after receiving notice of the reprimand or suspension, request in writing that the commission review the reprimand or suspension and either uphold or reverse the chief's decision. At its discretion, the commission may hold a hearing during this review. If the board holds a hearing, written notice must be given either by service upon the member in person or by a copy left 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 contain the information listed under section 17(d) of this chapter. If the decision is reversed, the individual who was suspended is entitled to any wages withheld as a result of the suspension.[Local Government Recodification Citation: New.]As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.265-1993, SEC.4; P.L.127-2017, SEC.235.
IN Code § 36-8-3.5-19.3 (2021)
2021 Indiana Code|Title 36. Local Government|Article 8. Public Safety|Chapter 3.5. Police and Fire Merit Systems|36-8-3.5-19.3. Suspension or Termination of Ems Personnel; Right to Hearing and Appeal

Sec. 19.3. (a) This section applies to a department that has at least one (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 does not otherwise apply as provided under section 1 of this chapter.(b) As used in this section, "certified employee" means an individual who, as a condition of employment, holds a valid certification issued under IC 16-31-3 by the Indiana emergency medical services commission established by IC 16-31-2-1.(c) As used in this section, "medical director" means a physician with an unlimited license to practice medicine in Indiana and who performs the duties and responsibilities described in 836 IAC 2-2-1.(d) If a medical director takes any of the following actions against a certified employee, the medical director shall provide to the certified employee and to the chief of the certified employee's department a written explanation of the reasons for the action taken by the medical director:(1) The medical director refuses or fails to supervise or otherwise provide medical control and direction to the certified employee.(2) The medical director refuses or fails to attest to the competency of the certified employee to perform emergency medical services.(3) The medical director suspends the certified employee from performing emergency medical services.(e) Before a department takes any employment related action as the result of a medical director's action described in subsection (d) against a certified employee, the certified employee is entitled to a hearing and appeal concerning the medical director's action as provided in sections 17 and 18 of this chapter.(f) If the medical director's action that is the subject of an appeal under subsection (e) is based on a health care decision made by the certified employee in performing emergency medical services, the commission conducting the hearing shall consult with an independent medical expert to determine whether the certified employee followed the applicable emergency medical services protocol in making the health care decision. The independent medical expert:(1) must be a physician trained in emergency medical services; and(2) may not be affiliated with the same hospital as the medical director.As added by P.L.13-2010, SEC.4.