reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 7.7. Central Indiana Regional Development Authority › Chapter 4. Compliance and Audit Requirements › 36-7.7-4-1. Public Purchasing and Public Works Project Laws Apply; Goals for Participation

Sec. 1. (a) A development authority shall comply with IC 5-22 (public purchasing), IC 36-1-12 (public work projects), and any applicable federal bidding statutes and regulations. An eligible political subdivision that receives a loan, a grant, or other financial assistance from a development authority or enters into a lease with a development authority must comply with applicable federal, state, and local public purchasing and bidding laws and regulations. However, a purchasing agency (as defined in IC 5-22-2-25) of an eligible political subdivision may:
(1) assign or sell a lease for property to a development authority; or
(2) enter into a lease for property with a development authority;
at any price and under any other terms and conditions as may be determined by the eligible political subdivision and the development authority. However, before making an assignment or a sale of a lease or entering into a lease under this section that would otherwise be subject to IC 5-22, the eligible political subdivision or its purchasing agent must obtain or cause to be obtained a purchase price for the property to be subject to the lease from the lowest responsible and responsive bidder in accordance with the requirements for the purchase of supplies under IC 5-22.
(b) In addition to the provisions of subsection (a), with respect to projects undertaken by a development authority, the development authority shall set a goal for participation by minority business enterprises and women's business enterprises. The goals must be consistent with:
(1) the participation goals established by the counties and municipalities that are members of the development authority; and
(2) the goals of delivering the project on time and within the budgeted amount and, insofar as possible, using Indiana businesses for employees, goods, and services.
As added by P.L.83-2020, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7.7. Central Indiana Regional Development Authority › Chapter 4. Compliance and Audit Requirements › 36-7.7-4-2. Annual Financial Audit

Sec. 2. (a) The state board of accounts shall, pursuant to IC 5-11-1-7 and IC 5-11-1-24, allow each development authority to contract with a certified public accountant for an annual financial audit of the development authority. The certified public accountant may not have a significant financial interest in a project, facility, or service funded by or leased by or to any development authority. The certified public accountant selected by a development authority must be approved by the state examiner and is subject to the direction of the state examiner while performing an annual financial audit under this article.
(b) The certified public accountant shall present an audit report not later than four (4) months after the end of each calendar year and shall make recommendations to improve the efficiency of development authority operations. The certified public accountant shall also perform a study and evaluation of internal accounting controls and shall express an opinion on the controls that were in effect during the audit period.
(c) A development authority shall pay the cost of the annual financial audit under subsection (a). In addition, the state board of accounts may at any time conduct an audit of any phase of the operations of a development authority. The development authority shall pay the cost of any audit by the state board of accounts.
(d) The state board of accounts may waive the requirement that a certified public accountant perform an annual financial audit of a development authority for a particular year if the development authority certifies to the state board of accounts that the development authority had no financial activity during that year.
As added by P.L.83-2020, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7.7. Central Indiana Regional Development Authority › Chapter 5. Development Authority Powers and Duties › 36-7.7-5-1. Duties

Sec. 1. A development authority shall do the following:
(1) Assist in the coordination of local efforts concerning projects that are of regional importance.
(2) Assist a county, a municipality, a commuter transportation district, an airport authority, and a regional transportation authority in coordinating regional transportation and economic development efforts.
(3) Fund projects that are of regional importance, as provided in this article.
As added by P.L.83-2020, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7.7. Central Indiana Regional Development Authority › Chapter 5. Development Authority Powers and Duties › 36-7.7-5-3. Agreement With Another Development Authority or Entity

Sec. 3. A development authority may enter into an agreement with another development authority or any other entity to:
(1) jointly equip, own, lease, and finance projects and facilities; or
(2) otherwise carry out the purposes of the development authority;
in any location.
As added by P.L.83-2020, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7.7. Central Indiana Regional Development Authority › Chapter 5. Development Authority Powers and Duties › 36-7.7-5-4. Reports

Sec. 4. A development authority shall, before April 1 of each year, issue a report to the legislative council, the budget committee, the Indiana economic development corporation, and the executive, fiscal body, and legislative body of each member of the development authority concerning the operations and activities of the development authority during the preceding calendar year. The report to the legislative council must be in an electronic format under IC 5-14-6.
As added by P.L.83-2020, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7.7. Central Indiana Regional Development Authority › Chapter 6. Regional Strategy Fund › 36-7.7-6-1. Regional Strategy Fund

Sec. 1. (a) A strategy committee shall establish and administer a regional strategy fund.
(b) A regional strategy fund consists of the following:
(1) Any payments required under an interlocal agreement for a project that specifically states:
(A) the amount for which each member is responsible; and
(B) the term of the agreement.
The transfers allowed by this subdivision may be made from any local revenue of the county or municipality, including property tax revenue, distributions, incentive payments, money deposited in the county's or municipality's local major moves construction fund under IC 8-14-16, money received by the county or municipality under a development agreement (as defined by IC 36-1-8-9.5), or any other local revenue that is not otherwise restricted by law or committed for the payment of other obligations.
(2) Money received from the federal government.
(3) Gifts, contributions, donations, and private grants made to the fund.
(4) Money transferred to the development authority under an interlocal agreement.
As added by P.L.83-2020, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7.7. Central Indiana Regional Development Authority › Chapter 6. Regional Strategy Fund › 36-7.7-6-2. Agreements With an Eligible Political Subdivision

Sec. 2. A development authority and an eligible political subdivision may enter into common wall (party wall) agreements or other agreements concerning easements or licenses. These agreements shall be recorded with the recorder of the county in which the project is located.
As added by P.L.83-2020, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7.7. Central Indiana Regional Development Authority › Chapter 6. Regional Strategy Fund › 36-7.7-6-3. Tax Exemption

Sec. 3. (a) All:
(1) property owned by a development authority; and
(2) revenue of a development authority;
are exempt from taxation in Indiana for all purposes except the financial institutions tax imposed under IC 6-5.5.
(b) All securities issued under this chapter are exempt from the registration requirements of IC 23-19 and other securities registration statutes.
As added by P.L.83-2020, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 1. Definitions › 36-8-1-1. Application of Chapter

Sec. 1. The definitions in IC 36-1-2 and in this chapter apply throughout this article.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.211, SEC.3. Amended by Acts 1981, P.L.309, SEC.40.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 1. Definitions › 36-8-1-2. "1925 Fund"

Sec. 2. "1925 fund" refers to a police pension fund established under IC 36-8-6.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.309, SEC.41.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 1. Definitions › 36-8-1-3. "1937 Fund"

Sec. 3. "1937 fund" refers to a firefighters' pension fund established under IC 36-8-7.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.309, SEC.42.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 1. Definitions › 36-8-1-4. "1953 Fund"

Sec. 4. "1953 fund" refers to the police pension fund established under IC 36-8-7.5.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.309, SEC.43. Amended by Acts 1982, P.L.77, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 1. Definitions › 36-8-1-5. "1977 Fund"

Sec. 5. "1977 fund" refers to the police officers' and firefighters' pension and disability fund established under IC 36-8-8.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.309, SEC.44.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 1. Definitions › 36-8-1-6. Repealed

[Pre-Local Government Recodification Citations: 18-1-11-2 part; 18-1-11-5 part.]
As added by Acts 1981, P.L.309, SEC.45. Repealed by P.L.329-1985, SEC.26.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 1. Definitions › 36-8-1-7. "Local Board"

Sec. 7. "Local board" means the board of trustees of a 1925, 1937, or 1953 fund.
[Pre-Local Government Recodification Citations: 19-1-17.8-1 part; 19-1-36.5-1 part.]
As added by Acts 1981, P.L.309, SEC.46.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 1. Definitions › 36-8-1-8. "Member of the Fire Department"

Sec. 8. "Member of the fire department" means the fire chief or a firefighter appointed to the department.
[Pre-Local Government Recodification Citations: 19-1-3-1 part; 19-1-36.5-1 part; 19-1-38-1.]
As added by Acts 1981, P.L.309, SEC.47.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 1. Definitions › 36-8-1-9. "Member of the Police Department"

Sec. 9. (a) Except as provided in subsection (b), "member of the police department" means the police chief or a police officer appointed to the department.
(b) "Member of the police department", for purposes of IC 36-8-4-7, does not include the police chief hired under a waiver under IC 36-8-4-6.5(c).
[Pre-Local Government Recodification Citations: 19-1-3-1 part; 19-1-17.8-1 part.]
As added by Acts 1981, P.L.309, SEC.48. Amended by P.L.148-1992, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 1. Definitions › 36-8-1-10. "Public Way"

Sec. 10. "Public way" includes highway, street, avenue, boulevard, road, land, or alley.
[Pre-Local Government Recodification Citations: Part new; 18-1-11-7 part.]
As added by Acts 1981, P.L.309, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 1. Definitions › 36-8-1-11. "Salary of a First Class Patrolman or First Class Firefighter"; Longevity Increases; Certified Salary

Sec. 11. (a) "Salary of a first class patrolman or first class firefighter" means the highest nonpromoted salary of a patrolman or firefighter plus all longevity increases, if provided by the employer, for:
(1) service of not more than twenty (20) years; or
(2) service of more than twenty (20) years but not more than twenty-five (25) years if provided as a result of the meet and confer process under IC 36-8-22;
but does not include remuneration or allowances for fringe benefits, incentive pay, holiday pay, insurance, clothing, automobiles, firearms, education, overtime, or compensatory time off.
(b) This subsection applies if a salary certified under IC 36-8-8-6.5 is greater than the salary of a first class patrolman or first class firefighter under subsection (a). An employer may not increase the salary certified under IC 36-8-8-6.5 unless the salary of a first class patrolman or first class firefighter under subsection (a) exceeds the employer's most recent salary certified. If an employer certifies a new salary under IC 36-8-8-6.5, the new certified salary must be equal to the salary of a first class patrolman or first class firefighter under subsection (a). Subsection (a) does not require an employer to decrease the certified salary of a first class patrolman or first class firefighter in effect on May 14, 2021.
(c) With respect to the 1925, 1937, and 1953 funds, "salary of a first class patrolman or firefighter" may include longevity increases for more than twenty (20) years of service at the option of the employer but only if these longevity increases had taken effect before January 1, 1983.
[Pre-Local Government Recodification Citations: 19-1-17.8-1 part; 19-1-36.5-1 part.]
As added by Acts 1981, P.L.309, SEC.50. Amended by P.L.359-1983, SEC.1; P.L.103-2021, SEC.1; P.L.102-2023, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 1. Definitions › 36-8-1-12. "Upper Level Policymaking Position"

Sec. 12. "Upper level policymaking position" refers to the position held by the police chief or fire chief and to each position held by the members of the police department or fire department in:
(1) the next rank and pay grade immediately below the chief, if the authorized size of the department is:
(A) more than ten (10) but less than fifty-one (51) members, in the case of a police department; or
(B) more than ten (10) but less than two hundred one (201) members, in the case of a fire department; or
(2) the next two (2) ranks and pay grades immediately below the chief, if the authorized size of the department is:
(A) more than fifty (50) members, in the case of a police department; or
(B) more than two hundred (200) members, in the case of a fire department.
[Pre-Local Government Recodification Citation: 18-1-11-3(a)(1).]
As added by Acts 1981, P.L.309, SEC.51.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 1. Definitions › 36-8-1-13. "Americans With Disabilities Act"

Sec. 13. "Americans with Disabilities Act" means the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and all applicable regulations and amendments, if any, related to the Act.
As added by P.L.4-1992, SEC.21.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2. General Powers Concerning Public Safety › 36-8-2-1. Application of Chapter

Sec. 1. This chapter applies to all units except townships.
[Pre-Local Government Recodification Citations: Part new; 18-1-1.5-1 part; 18-1-1.5-1.5 part; 18-1-1.5-30 part.]
As added by Acts 1980, P.L.211, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2. General Powers Concerning Public Safety › 36-8-2-2. Police and Law Enforcement System; Hiring Procedures

Sec. 2. (a) A unit may establish, maintain, and operate a police and law enforcement system to preserve public peace and order and may provide facilities, equipment, and supplies for that system.
(b) Before hiring a person as a law enforcement officer, including a police reserve officer described in IC 36-8-3-20, the hiring department or agency shall contact every law enforcement department or agency that has employed (or that currently employs) the applicant and request that the employing department or agency provide:
(1) a complete and unredacted copy of all findings and orders related to disciplinary action or internal investigations (whether performed by an internal investigator or an outside agency) involving the officer; and
(2) the hiring department or agency with a copy of the applicant's entire employment file, except for any medical records or information.
(c) An agency or department that receives a request under subsection (b) or under IC 5-2-24-2 shall:
(1) comply with the request not later than ten (10) business days from receipt of the request; and
(2) upon request of the applicant, provide the applicant with a copy of the information provided to the hiring department or agency.
No covenant, promise, or agreement to refrain from disclosure of the information described in subsection (b) prevents compliance with the requirements imposed by this section. An agency or department acting in good faith is immune from civil and criminal liability for complying with this subsection.
[Pre-Local Government Recodification Citations: 18-1-1.5-6(b); 18-1-1.5-15(a); 18-1-1.5-15(c); 18-3-1-40 part; 18-4-2-13 part; 18-4-2-20 part.]
As added by Acts 1980, P.L.211, SEC.3. Amended by P.L.12-2021, SEC.9; P.L.64-2022, SEC.13; P.L.173-2023, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2. General Powers Concerning Public Safety › 36-8-2-3. Firefighting and Fire Prevention System

Sec. 3. A unit may establish, maintain, and operate a firefighting and fire prevention system and may provide facilities and equipment for that system.
[Pre-Local Government Recodification Citations: 18-1-1.5-15(b); 18-1-1.5-15(c); 18-3-1-36; 18-3-1-38 part; 18-4-2-20 part.]
As added by Acts 1980, P.L.211, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2. General Powers Concerning Public Safety › 36-8-2-4. Regulation of Dangerous Conduct or Property

Sec. 4. A unit may regulate conduct, or use or possession of property, that might endanger the public health, safety, or welfare.
[Pre-Local Government Recodification Citations: 18-1-1.5-6(c); 18-1-1.5-6(d); 18-1-1.5-6(e); 18-1-1.5-7(f); 18-1-1.5-7(h); 18-3-1-37 part; 18-3-1-39 part; 18-3-1-40 part; 18-3-1-44 part; 18-4-2-26 part; 18-5-10-7 part.]
As added by Acts 1980, P.L.211, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2. General Powers Concerning Public Safety › 36-8-2-5. Medical Care, Health, and Community Services; Hospitals

Sec. 5. (a) A unit may do the following:
(1) Provide medical care or other health and community services to persons.
(2) Impose restrictions upon persons or animals that might cause other persons or animals to be injured or contract diseases.
(3) Establish, aid, maintain, and operate hospitals.
(b) A municipality may exercise powers granted by subsection (a)(1) and (a)(3) in areas within four (4) miles outside its corporate boundaries.
[Pre-Local Government Recodification Citations: 18-1-1.5-7(b); 18-1-1.5-7(e); 18-1-1.5-7(l); 18-1-1.5-14(n); 18-3-1-22.5; 18-4-2-11 part.]
As added by Acts 1980, P.L.211, SEC.3. Amended by P.L.277-2019, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2. General Powers Concerning Public Safety › 36-8-2-6. Animals; Capture and Destruction; Shelters

Sec. 6. (a) A unit may:
(1) capture and destroy animals if necessary; and
(2) establish, maintain, and operate animal shelters.
(b) A municipality may exercise the powers in subsection (a)(2) within four (4) miles outside its corporate boundaries.
[Pre-Local Government Recodification Citations: 18-1-1.5-7(g); 18-1-1.5-14(o); 18-3-1-39 part; 18-4-12-4(4).]
As added by Acts 1980, P.L.211, SEC.3. Amended by P.L.277-2019, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2. General Powers Concerning Public Safety › 36-8-2-7. Regulation of Business Use of Watercourse

Sec. 7. A unit may regulate any business use of a watercourse.
[Pre-Local Government Recodification Citation: 18-1-1.5-9(d) part.]
As added by Acts 1980, P.L.211, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2. General Powers Concerning Public Safety › 36-8-2-8. Regulation of Introduction of Substance, Odor, or Sound in Air

Sec. 8. A unit may regulate the introduction of any substance or odor into the air, or any generation of sound.
[Pre-Local Government Recodification Citations: 18-1-1.5-12; 18-3-1-39 part; 18-4-21-1; 18-4-21-2; 18-4-21-3.]
As added by Acts 1980, P.L.211, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2. General Powers Concerning Public Safety › 36-8-2-9. Regulation of Public Gatherings

Sec. 9. A unit may regulate public gatherings, such as shows, demonstrations, fairs, conventions, sporting events, and exhibitions.
[Pre-Local Government Recodification Citations: 18-1-1.5-6(a); 18-4-2-13 part.]
As added by Acts 1980, P.L.211, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2. General Powers Concerning Public Safety › 36-8-2-10. Regulation of Businesses and Professions

Sec. 10. A unit may regulate the operation of businesses, crafts, professions, and occupations.
[Pre-Local Government Recodification Citations: 18-1-1.5-7(c); 18-1-1.5-13(a); 18-3-1-41 part; 18-4-2-12 part; 18-4-2-18 part; 18-4-2-19; 18-4-2-21 part.]
As added by Acts 1980, P.L.211, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2. General Powers Concerning Public Safety › 36-8-2-11. Regulation of Solicitations

Sec. 11. A unit may regulate solicitation by persons offering goods or services to the public or solicitation for charitable causes.
[Pre-Local Government Recodification Citations: 18-1-1.5-13(e); 18-3-1-41 part; 18-4-2-12 part.]
As added by Acts 1980, P.L.211, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2. General Powers Concerning Public Safety › 36-8-2-12. Weights and Measures Standards Control System

Sec. 12. A unit may establish, maintain, and operate a weights and measures standards control system. However, a unit may not establish fees for inspections or tests relating to weights and measures.
[Pre-Local Government Recodification Citations: 18-1-1.5-15(d); 18-4-2-21 part.]
As added by Acts 1980, P.L.211, SEC.3. Amended by P.L.171-1985, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2. General Powers Concerning Public Safety › 36-8-2-13. Repealed

[Pre-Local Government Recodification Citations: 18-1-1.5-6(d) part; 18-1-1.5-7 part; 18-1-1.5-14 part.]
As added by Acts 1980, P.L.211, SEC.3. Repealed by P.L.277-2019, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2. General Powers Concerning Public Safety › 36-8-2-14. Repeal of Extraterritorial Authority; Ordinances and Resolutions Adopted Before January 1, 2019

Sec. 14. (a) The repeal of section 13 of this chapter does not operate to void an ordinance or resolution adopted by a municipality before January 1, 2019, that exercises a power:
(1) under the sole authority of section 4 of this chapter; and
(2) within the four (4) mile area outside the municipality's boundaries under the authority of section 13 of this chapter (before its repeal).
(b) The validity of an ordinance or resolution described in subsection (a) may be challenged in a legal proceeding by an aggrieved party.
(c) The repeal of section 13 of this chapter operates to void an ordinance or resolution adopted by a municipality after December 31, 2018, that exercises a power under the sole authority of section 4 of this chapter.
As added by P.L.277-2019, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2. General Powers Concerning Public Safety › 36-8-2-15. Repeal of Extraterritorial Authority; Ordinances and Resolutions Adopted Before July 1, 2019

Sec. 15. The repeal of section 13 of this chapter operates to void an ordinance or resolution adopted by a municipality before July 1, 2019, that exercises a power:
(1) under the sole authority of:
(A) section 5(a)(2) of this chapter;
(B) section 6(a)(1) of this chapter; or
(C) both section 5(a)(2) of this chapter and section 6(a)(1) of this chapter; and
(2) within the four (4) mile area outside the municipality's boundaries under the authority of section 13 of this chapter (before its repeal).
As added by P.L.277-2019, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2.1. Rights of Public Safety Officers › 36-8-2.1-1.1. "Fire Department"

Sec. 1.1. As used in this chapter, "fire department" has the meaning set forth in IC 36-8-2.2-3.
As added by P.L.33-2020, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2.1. Rights of Public Safety Officers › 36-8-2.1-2.1. "Interviewer"

Sec. 2.1. As used in this chapter, "interviewer" means the:
(1) police officer who interviews a police officer; or
(2) fire department member or official who interviews a firefighter;
who is the subject of a complaint or internal investigation.
As added by P.L.33-2020, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2.1. Rights of Public Safety Officers › 36-8-2.1-2.2. "Officer in Charge of the Investigation"

Sec. 2.2. As used in this chapter, "officer in charge of the investigation" means the following:
(1) The police officer in charge of the investigation of a complaint made against, or an internal investigation of, a police officer.
(2) The member or official of the fire department in charge of the investigation of a complaint made against, or an internal investigation of, a firefighter.
As added by P.L.33-2020, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2.1. Rights of Public Safety Officers › 36-8-2.1-3. "Police Department"

Sec. 3. As used in this chapter, "police department" means a police department established by:
(1) a county;
(2) a city;
(3) a town;
(4) the state;
(5) a school corporation (as described under IC 20-26-16); or
(6) a postsecondary educational institution (as described under IC 21-17-5-2 or IC 21-39-4-2).
As added by P.L.271-2019, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2.1. Rights of Public Safety Officers › 36-8-2.1-3.1. "Public Safety Officer"

Sec. 3.1. As used in this chapter, "public safety officer" means the following:
(1) A police officer who is a full-time, paid, nonprobationary member of a police department. The term does not include a tribal police officer or a member of the state police department.
(2) A firefighter who is a full-time, paid, nonprobationary member of a fire department. The term does not include a volunteer firefighter.
As added by P.L.33-2020, SEC.5. Amended by P.L.64-2022, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2.1. Rights of Public Safety Officers › 36-8-2.1-4. Rights of Public Safety Officer

Sec. 4. A public safety officer has at least the rights set forth in this chapter.
As added by P.L.271-2019, SEC.1. Amended by P.L.33-2020, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2.1. Rights of Public Safety Officers › 36-8-2.1-6. Contracts Executed or Renewed Before Certain Dates

Sec. 6. (a) This chapter does not affect a contract concerning police officers executed or renewed before July 1, 2019.
(b) This chapter does not affect a contract concerning firefighters executed or renewed before July 1, 2020.
As added by P.L.271-2019, SEC.1. Amended by P.L.33-2020, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2.1. Rights of Public Safety Officers › 36-8-2.1-7. Rights Under Contract or Other Law

Sec. 7. The rights of a public safety officer provided by this chapter are in addition to and do not abridge, diminish, or cancel the rights and privileges of a public safety officer that are provided under contract or any other law.
As added by P.L.271-2019, SEC.1. Amended by P.L.33-2020, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2.1. Rights of Public Safety Officers › 36-8-2.1-8. No Prohibition on Political Activity; Exceptions

Sec. 8. Except when on duty or acting in an official capacity and except where otherwise provided by state or federal law, a public safety officer may not be:
(1) discouraged from engaging in political activity; or
(2) denied the right to choose to refrain from engaging in political activity;
provided such activities do not impede or impair the efficient operation of the public safety officer's department.
As added by P.L.271-2019, SEC.1. Amended by P.L.33-2020, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2.1. Rights of Public Safety Officers › 36-8-2.1-9. Notification of Disciplinary Measures

Sec. 9. A public safety officer may not, except as provided in IC 36-8-3-4 and IC 36-8-10-11, be:
(1) dismissed;
(2) transferred;
(3) reassigned;
(4) subjected to a personnel action that may result in the loss of pay or benefits; or
(5) subjected to a disciplinary measure resulting in monetary loss;
unless the public safety officer is notified of the action and the reason for the action in advance of the effective date of the action.
As added by P.L.271-2019, SEC.1. Amended by P.L.33-2020, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2.1. Rights of Public Safety Officers › 36-8-2.1-10. Prohibition Against Threat of Discipline

Sec. 10. A public safety officer may not be threatened with or subjected to:
(1) discipline; or
(2) denial of a promotion, transfer, or reassignment;
for exercising rights granted under this chapter.
As added by P.L.271-2019, SEC.1. Amended by P.L.33-2020, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2.1. Rights of Public Safety Officers › 36-8-2.1-11. Disclosure of Financial Information

Sec. 11. (a) Except as provided in subsection (b), for purposes of a personnel assignment or other personnel action, a public safety officer may not be required to disclose the possession of property or assets, income, debts, or personal or household expenditures, unless the information is obtained through legal process or indicates a conflict of interest that affects the public safety officer's performance of official duties.
(b) This section does not apply to inquiries made by authorized agents of a tax collecting agency.
As added by P.L.271-2019, SEC.1. Amended by P.L.33-2020, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2.2. Firefighter Representation › 36-8-2.2-1. Applicability to Certain Members and Departments Without Merit System

Sec. 1. (a) This chapter applies only to a firefighter who is a full-time, paid, nonprobationary member of a fire department.
(b) This chapter does not apply to any of the following:
(1) A member of the fire department who holds an upper level policy making position.
(2) A member of the fire department who holds a position in the fire department:
(A) that is not an upper level policy making position; and
(B) to which the member was appointed by the chief.
(3) A fire department, fire protection district, or fire protection territory having a merit system established under IC 36-8-3.5.
As added by P.L.140-2017, SEC.1. Amended by P.L.207-2023, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2.2. Firefighter Representation › 36-8-2.2-2. Not Applicable to Investigation of Criminal Conduct

Sec. 2. (a) This chapter does not apply to any interview, interrogation, or other proceeding that is part of an investigation of criminal charges against a firefighter.
(b) This chapter does not apply to any interview, interrogation, or other interaction that is part of an investigation of a firefighter's conduct, including an interview or investigation to which IC 36-8-2.1 applies.
As added by P.L.140-2017, SEC.1. Amended by P.L.33-2020, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2.2. Firefighter Representation › 36-8-2.2-3. "Fire Department"

Sec. 3. As used in this chapter, "fire department" means a fire department established by a county, city, town, or township, including a fire protection district under IC 36-8-11 or a fire protection territory established under IC 36-8-19. The term does not include a volunteer fire department.
As added by P.L.140-2017, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2.2. Firefighter Representation › 36-8-2.2-4. Notice of Termination or Demotion

Sec. 4. A firefighter has at least the rights set forth in this chapter, in a meeting at which the chief of the fire department notifies the firefighter of the firefighter's:
(1) termination; or
(2) demotion with cause.
As added by P.L.140-2017, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2.2. Firefighter Representation › 36-8-2.2-5. Right of Representation

Sec. 5. (a) A firefighter has the right to be represented in any meeting under section 4 of this chapter by either or both of the following of the firefighter's own choosing and at the firefighter's own expense:
(1) Legal counsel.
(2) A labor organization representative or other representative.
(b) Nothing in this chapter prohibits a firefighter from waiving the firefighter's right of representation under this chapter.
As added by P.L.140-2017, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2.2. Firefighter Representation › 36-8-2.2-6. 72 Hours to Obtain Representation

Sec. 6. (a) A meeting under section 4 of this chapter may not proceed until the firefighter is provided at least seventy-two (72) hours to obtain the representation requested by the firefighter.
(b) A firefighter may request representation during a meeting under section 4 of this chapter, if the firefighter was not given the seventy-two (72) hour period described in subsection (a).
As added by P.L.140-2017, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2.2. Firefighter Representation › 36-8-2.2-8. Rights Provided by Contract or Other Law

Sec. 8. The rights of a firefighter provided by this chapter are in addition to and do not abridge, diminish, or cancel the rights and privileges of a firefighter that are provided under contract or any other law.
As added by P.L.140-2017, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2.5. Critical Incident Stress Management Services › 36-8-2.5-2. Confidentiality of Communications

Sec. 2. (a) Except as otherwise provided in this section, a communication made by a first responder recipient to:
(1) a CISM services provider while the first responder recipient receives CISM services; or
(2) a peer support team member while the first responder recipient receives peer support services;
is confidential. A CISM services provider or peer support team member may not be compelled to testify or otherwise disclose the communication in a civil, criminal, or administrative proceeding without the consent of the first responder recipient.
(b) Except as otherwise provided in this section, a record of a communication kept by:
(1) a CISM services provider relating to CISM services; or
(2) a peer support team member relating to peer support services;
provided to a first responder recipient is confidential and is not subject to subpoena, discovery, or introduction into evidence in a civil, criminal, or administrative proceeding.
(c) A communication is confidential for purposes of IC 5-14-3.
(d) A communication is not confidential and may be disclosed for the following purposes:
(1) The CISM services provider or peer support team member may disclose the communication to make a referral for the first responder recipient.
(2) The CISM services provider or peer support team member may disclose the communication to consult about the first responder recipient with a CISM services provider, peer support team member, or an appropriate professional associated with the CISM team or peer support team.
(3) The CISM services provider or peer support team member may disclose the communication to the extent reasonably necessary to prevent a first responder recipient from committing a crime or fraud that the CISM services provider or peer support team member reasonably believes is likely to result in death, substantial bodily harm, or substantial economic injury to another.
(e) A communication is not confidential if:
(1) the communication conveys information that the first responder recipient poses or appears to pose an imminent threat of harm to the first responder recipient, a CISM services provider, a peer support team member, or another individual;
(2) the communication conveys information relating to child, spousal, or elder abuse;
(3) the first responder recipient or the legal representative of the first responder recipient expressly agrees that the first responder recipient's communication is not confidential;
(4) the CISM services provider or the peer support team member was a witness or a party to the incident that led to the provision of CISM services or peer support services; or
(5) the first responder recipient consents to the disclosure of the communication.
As added by P.L.137-2017, SEC.2. Amended by P.L.7-2021, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 2.5. Critical Incident Stress Management Services › 36-8-2.5-3. Immunity; Application to Action for Medical Malpractice

Sec. 3. (a) Except as provided in subsection (c), a CISM team or a CISM services provider providing CISM services is not liable for damages for any act, error, or omission committed by the CISM team or the CISM services provider in performing CISM services in accordance with this chapter, including:
(1) personal injury;
(2) wrongful death;
(3) property damage; or
(4) other loss;
unless the act, error, or omission constitutes wanton, willful, or intentional misconduct.
(b) Except as provided in subsection (c), a peer support services team or a peer support services team member providing peer support services is not liable for damages for any act, error, or omission committed by the peer support team or the peer support team member in performing peer support services in accordance with this chapter, including:
(1) personal injury;
(2) wrongful death;
(3) property damage; or
(4) other loss;
unless the act, error, or omission constitutes wanton, willful, or intentional misconduct.
(c) This section does not apply to an action for medical malpractice.
As added by P.L.137-2017, SEC.2. Amended by P.L.7-2021, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3. Safety Boards; Disciplinary Procedures › 36-8-3-1. Application of Chapter

Sec. 1. This chapter applies to second and third class cities. It also applies to other units, where specifically indicated.
[Pre-Local Government Recodification Citations: 18-1-11-1 part; 18-2-1-4.2 part; 18-2-1-4.4 part; 18-2-1-5 part; 18-2-1-6 part.]
As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1981, P.L.44, SEC.55.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3. Safety Boards; Disciplinary Procedures › 36-8-3-2. Powers and Duties of Safety Boards

Sec. 2. (a) The safety board of a city shall administer the police and fire departments of the city, except as provided by any statute or ordinance referred to in section 5 of this chapter.
(b) The safety board has exclusive control over all matters and property relating to the following:
(1) Police department.
(2) Fire department, fire alarms, and fire escapes.
(3) Animal shelters.
(4) Inspection of buildings.
(c) The safety board may purchase the equipment and supplies and make the repairs needed in the department of public safety.
(d) The safety board may:
(1) adopt rules for the government and discipline of the police and fire departments; and
(2) adopt general and special orders to the police and fire departments through the chiefs of the departments.
[Pre-Local Government Recodification Citation: 18-1-11-1 part.]
As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1982, P.L.33, SEC.35.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3. Safety Boards; Disciplinary Procedures › 36-8-3-3. Organization of Safety Boards; Appointment, Numbers, and Compensation of Police Officers, Firefighters, and Other Officials; Division of City Into Precincts and Districts; Authority of Chiefs

Sec. 3. (a) A majority of the members of the safety board constitutes a quorum. The board shall adopt rules concerning the time of holding regular and special meetings and of giving notice of them. The board shall elect one (1) of its members chair, who holds the position as long as prescribed by the rules of the board. The board shall record all of its proceedings.
(b) The members of the safety board may act only as a board. No member may bind the board or the city except by resolution entered in the records of the board authorizing the member to act in its behalf as its authorized agent.
(c) The safety board shall appoint:
(1) the members and other employees of the police department other than those in an upper level policymaking position;
(2) the members and other employees of the fire department other than those in an upper level policymaking position;
(3) a market master; and
(4) other officials that are necessary for public safety purposes.
(d) The annual compensation of all members of the police and fire departments and other appointees shall be fixed by ordinance of the legislative body not later than November 1 of each year for the ensuing budget year. The ordinance may grade the members of the departments and regulate their pay by rank as well as by length of service. If the legislative body fails to adopt an ordinance fixing the compensation of members of the police or fire department, the safety board may fix their compensation, subject to change by ordinance.
(e) The safety board, subject to ordinance, may also fix the number of members of the police and fire departments and the number of appointees for other purposes and may, subject to law, adopt rules for the appointment of members of the departments and for their government.
(f) The safety board shall divide the city into police precincts and fire districts.
(g) The police chief has exclusive control of the police department, and the fire chief has exclusive control of the fire department, subject to the rules and orders of the safety board. In time of emergency, the police chief and the fire chief are, for the time being, subordinate to the city executive and shall obey the city executive's orders and directions, notwithstanding any law or rule to the contrary.
[Pre-Local Government Recodification Citations: 18-1-11-2 part; 19-1-28-1 part.]
As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1981, P.L.315, SEC.1; Acts 1982, P.L.33, SEC.36; P.L.35-1999, SEC.7; P.L.125-2001, SEC.6; P.L.173-2003, SEC.31; P.L.169-2006, SEC.78; P.L.33-2010, SEC.2; P.L.118-2012, SEC.2; P.L.127-2017, SEC.223.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3. Safety Boards; Disciplinary Procedures › 36-8-3-3.5. Right of Representation; Recommendation by Chief to Safety Board of Termination or Demotion

Sec. 3.5. (a) This section applies to a member of the fire department of a city, town, or township to whom IC 36-8-2.2 applies.
(b) A member has at least the rights of representation set forth in IC 36-8-2.2 in any meeting under this chapter at which the chief of the fire department notifies the member that the chief is recommending to the safety board the member's termination or demotion with cause.
As added by P.L.140-2017, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3. Safety Boards; Disciplinary Procedures › 36-8-3-3.6. Fire Protection Agreements

Sec. 3.6. (a) As used in this section, "provider" means:
(1) a city, town, or township; or
(2) a volunteer fire department;
that provides fire protection services under an agreement described in subsection (b).
(b) A city or town may enter into an agreement with a provider to provide fire protection services to the city or town.
(c) If a city or town enters into an agreement under subsection (b), the agreement must be:
(1) in writing; and
(2) for a fixed term.
As added by P.L.257-2019, SEC.147.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3. Safety Boards; Disciplinary Procedures › 36-8-3-4.1. Certain Towns and Townships; Reprimand or Temporary Suspension of Members Without Prior Hearing; Review by Safety Board

Sec. 4.1. (a) This section also applies to all:
(1) towns and townships that have full-time, paid police or fire departments;
(2) fire departments of fire protection districts established under IC 36-8-11 and fire protection territories established under IC 36-8-19 that have full-time fire departments; and
(3) conservancy districts that have a full-time, paid conservancy district marshal or deputy conservancy district marshal under IC 14-33-25.
For purposes of this section, the appropriate appointing authority of a town, township, fire department of a fire protection territory or fire protection district, or conservancy district is considered the safety board of a town, township, fire department of a fire protection territory or fire protection district or conservancy district. In a town with a board of metropolitan police commissioners, that board is considered the safety board of the town.
(b) In addition to the disciplinary powers of the safety board, 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 section, eight (8) hours of paid time constitutes one (1) working day. If a chief reprimands a member in writing or suspends a member, the chief shall, within forty-eight (48) hours, notify the board 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 board review the reprimand or suspension and either uphold or reverse the chief's decision. At its discretion, the board 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 4(c) of this chapter. If the decision is reversed, the member who was suspended is entitled to any wages withheld as a result of the suspension.
As added by Acts 1981, P.L.183, SEC.22. Amended by P.L.265-1993, SEC.2; P.L.57-2023, SEC.2; P.L.122-2023, SEC.22.