reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3. Safety Boards; Disciplinary Procedures › 36-8-3-4.3. Suspension or Termination of Ems Personnel; Right to Hearing and Appeal

Sec. 4.3. (a) This section also applies to a town, township, or fire department of a fire protection territory or fire protection district, that has at least one (1) certified employee of a full-time, paid fire or police department, without regard to whether:
(1) the employee is an appointed police officer or firefighter; or
(2) under section 5 of this chapter, the police or fire department is exempt from sections 3, 4, and 4.1 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 police or fire department takes any employment related action against a certified employee as the result of a medical director's action described in subsection (d), the certified employee is entitled to a hearing and appeal concerning the medical director's action as provided in section 4 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 safety board 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.1. Amended by P.L.57-2023, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3. Safety Boards; Disciplinary Procedures › 36-8-3-5. Merit Boards and Commissions; Exemption From Statutory Procedure

Sec. 5. Except as provided in section 4.3 of this chapter, sections 3, 4, and 4.1 of this chapter do not apply to a police or fire department having a board or commission established by statute or ordinance to establish or administer policies based on merit for the appointment, promotion, demotion, and dismissal of members of the department, unless the establishing law specifically incorporates one (1) or more of those sections.
[Pre-Local Government Recodification Citation: 18-1-11-3(a)(2).]
As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1981, P.L.183, SEC.23; Acts 1982, P.L.33, SEC.37; P.L.13-2010, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3. Safety Boards; Disciplinary Procedures › 36-8-3-6. Police Officers; Powers and Duties

Sec. 6. (a) This section applies to:
(1) all municipalities; and
(2) a county having a consolidated city.
(b) A warrant of search or arrest, issued by any judge, may be executed in the municipality by:
(1) any municipal police officer; or
(2) a member of the consolidated law enforcement department established under IC 36-3-1-5.1;
subject to the laws governing arrest and bail.
(c) The police officers of a municipality or a member of the consolidated law enforcement department shall:
(1) serve all process within the municipality or the consolidated city issuing from the city or town court;
(2) arrest, without process, all persons who within view violate statutes, take them before the court having jurisdiction of the offense, and retain them in custody until the cause of the arrest has been investigated;
(3) enforce municipal ordinances in accordance with IC 36-1-6;
(4) suppress all breaches of the peace within their knowledge and may call to their aid the power of the municipality or the consolidated city and pursue and commit to jail persons guilty of crimes;
(5) serve all process issued by:
(A) the legislative body of the municipality or the consolidated city;
(B) any committee of the legislative body of the municipality or the consolidated city; or
(C) any of the executive departments of the municipality or the consolidated city;
(6) serve the city or town court and assist the bailiff in preserving order in the court; and
(7) convey prisoners to and from the county jail or station houses of the municipality or the consolidated city for arraignment or trial in the city or town court or to the place of imprisonment under sentence of the court.
[Pre-Local Government Recodification Citation: 18-1-11-4.]
As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1982, P.L.33, SEC.38; P.L.227-2005, SEC.37.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3. Safety Boards; Disciplinary Procedures › 36-8-3-7. Police Officers and Firefighters; Special Duty; School Security Police

Sec. 7. (a) The safety board may detail regular police officers or firefighters, or appoint and swear an additional number of special police officers or firefighters, to do special duty within the city. Regular police officers and firefighters serving special duty shall be paid the same rate per diem for this service as is paid to members of the department in their regular employment. The board may determine the compensation of persons serving special duty in all other cases.
(b) Unless the safety board designates otherwise, the special police officers are subject to the police chief and the special firefighters are subject to the fire chief. If they are employees of departments other than the police or fire department, they shall obey the rules of their respective departments and conform to its discipline and orders to the extent these do not conflict with the orders of the safety board. A person other than a regular police officer or firefighter may not wear a uniform the design of which is not easily distinguishable from or which conforms with respect to the color or design of the state police or a sheriff's patrol of the county in which the city is located or the police or fire department of the city. Special police officers and firefighters, during the term of their appointment, have those powers, privileges, and duties assigned to them by the safety board. They have these powers, privileges, and duties only while fulfilling the specific responsibilities for which the appointment is made. Persons other than regular police officers and firefighters appointed under this section may be removed by the safety board at any time without notice and without assigning any cause.
(c) The powers and duties of officers appointed to serve as security police for school corporations include:
(1) the protection of school personnel while on school business, including school children, employees, and members of the governing body of the school corporation; and
(2) the protection of all school corporation property.
(d) Auxiliary firefighters directly connected with and created to augment the regular fire departments may wear a uniform the design of which is established by the safety board. Persons so appointed may be removed at any time by the board, without notice and without assigning any cause.
(e) In time of emergency the safety board may also detail members from the police or fire department for the use of any other department of the city government.
(f) This subsection applies only to a special officer who is employed full time by a consolidated city to perform park ranger duties after June 30, 2023. A special officer is subject to IC 5-2-1, and the facilities of the law enforcement academy shall be used to provide the special officer's basic training under IC 5-2-1-9(d).
[Pre-Local Government Recodification Citation: 18-1-11-5 part.]
As added by Acts 1981, P.L.309, SEC.52. Amended by P.L.360-1983, SEC.1; P.L.173-2023, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3. Safety Boards; Disciplinary Procedures › 36-8-3-8. Police Department; Civilian Personnel; Merit System

Sec. 8. (a) The safety board may employ civilian technical and clerical personnel to work with the police department as civilian radio operators, radio technicians, chemical technicians, laboratory technicians, and other civilian technical personnel and clerical personnel that are required. The safety board shall fix the salary to be paid to the civilian technical and clerical personnel subject to the budgetary procedures applicable to the department of public safety. The civilian technical and clerical personnel are not eligible to be members of any police pension fund.
(b) The safety board may establish a merit system for civilian personnel appointed under subsection (a). However, in establishing a system the safety board shall consult with the state personnel board concerning the form and content of the merit system.
[Pre-Local Government Recodification Citations: subsection (a) formerly 18-1-11-5.5; subsection (b) formerly 18-1-11-5.7.]
As added by Acts 1981, P.L.309, SEC.52.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3. Safety Boards; Disciplinary Procedures › 36-8-3-9. Oaths; Depositions

Sec. 9. The safety board, police chief, and fire chief may administer oaths to a person summoned in a proceeding authorized by this chapter and may take depositions under the rules or orders of the board.
[Pre-Local Government Recodification Citation: 18-1-11-6.]
As added by Acts 1981, P.L.309, SEC.52.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3. Safety Boards; Disciplinary Procedures › 36-8-3-10. Police Departments, Chiefs, and Captains; Powers and Duties

Sec. 10. (a) The police department shall, within the city:
(1) preserve peace;
(2) prevent offenses;
(3) detect and arrest criminals;
(4) suppress riots, mobs, and insurrections;
(5) disperse unlawful and dangerous assemblages and assemblages that obstruct the free passage of public streets, sidewalks, parks, and places;
(6) protect the rights of persons and property;
(7) guard the public health;
(8) preserve order at elections and public meetings;
(9) direct the movement of vehicles in public ways or public places;
(10) remove all nuisances in public parks or public ways;
(11) provide proper police assistance at fires;
(12) assist, advise, and protect strangers and travelers in public ways or at transportation facilities;
(13) carefully observe and inspect all places of business under license, or required to have them; and
(14) enforce and prevent the violation of all laws in force in the city.
(b) The police chief and each captain, in the captain's precinct or district, may supervise and inspect all pawnbrokers, vendors, junkshop keepers, cartmen, expressmen, dealers in secondhand merchandise, intelligence offices, architectural salvage material dealers (as defined in IC 24-4-16-3), and auctions. Any member of the department may be authorized by the chief in writing to exercise the same powers.
[Pre-Local Government Recodification Citation: 18-1-11-7 part.]
As added by Acts 1981, P.L.309, SEC.52. Amended by P.L.63-2008, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3. Safety Boards; Disciplinary Procedures › 36-8-3-11. Repealed

[Pre-Local Government Recodification Citation: 18-1-11-8.]
As added by Acts 1981, P.L.309, SEC.52. Repealed by P.L.148-1995, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3. Safety Boards; Disciplinary Procedures › 36-8-3-12. Board Members, Police Officers, and Firefighters; Elective and Appointive Office

Sec. 12. Subject to IC 3-5-9, members of the safety board and members of any township, town, or city (including a consolidated city) police department, fire department, or volunteer fire department (as defined by IC 36-8-12-2) may:
(1) be candidates for elective office and serve in that office if elected;
(2) be appointed to any office and serve in that office if appointed; and
(3) as long as they are not in uniform and not on duty, solicit votes and campaign funds and challenge voters for the office for which they are candidates.
[Pre-Local Government Recodification Citation: 18-1-11-9.]
As added by Acts 1981, P.L.309, SEC.52. Amended by P.L.376-1985, SEC.1; P.L.347-1987, SEC.1; P.L.1-1999, SEC.83; P.L.135-2012, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3. Safety Boards; Disciplinary Procedures › 36-8-3-13. Adoption of Rules Regulating Performance Bonds

Sec. 13. The safety board may, subject to city ordinances, adopt rules regulating the giving of bond by an appointee or class of appointees in the department for faithful performance of official duty.
[Pre-Local Government Recodification Citation: 18-1-11-10.]
As added by Acts 1981, P.L.309, SEC.52.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3. Safety Boards; Disciplinary Procedures › 36-8-3-14. Police and Firefighters' Insurance Funds; Creation, Management, and Distribution

Sec. 14. (a) This section does not apply to second class cities.
(b) The safety board may draft an ordinance and submit it to the legislative body for the creation, management, and distribution of a police insurance fund or a firefighters' insurance fund, including a provision for retaining a certain percentage of each appointee's salary for the creation of the fund. The ordinance must prescribe the conditions of investment and who is entitled to the benefits.
[Pre-Local Government Recodification Citation: 18-1-11-11.]
As added by Acts 1981, P.L.309, SEC.52.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3. Safety Boards; Disciplinary Procedures › 36-8-3-15. Police Officers and Firefighters; Exemption From Militia Service

Sec. 15. (a) This section also applies to all members of a fire department organized by a town.
(b) Members of the police and fire departments are exempt from service in the militia, except in case of war, invasion, or insurrection.
[Pre-Local Government Recodification Citations: 18-1-11-13; 19-1-39-1.]
As added by Acts 1981, P.L.309, SEC.52. Amended by P.L.4-1998, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3. Safety Boards; Disciplinary Procedures › 36-8-3-16. Destruction of Burning Buildings; Recovery of Damages

Sec. 16. If a building in the city is on fire, or if a building adjacent to it is liable to take or convey fire to other buildings and cause great destruction of property, the fire chief, or the fire chief's assistant acting as chief with the concurrence of the executive or of the safety board, may take down, blow up, or destroy the building or buildings. An action may not be maintained against a person for this action, but the owner of such a building may, in a civil action, recover damages from the city for its destruction.
[Pre-Local Government Recodification Citation: 18-1-11-14.]
As added by Acts 1981, P.L.309, SEC.52. Amended by P.L.127-2017, SEC.224.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3. Safety Boards; Disciplinary Procedures › 36-8-3-17. Repealed

[Pre-Local Government Recodification Citation: 18-1-11-15.]
As added by Acts 1981, P.L.309, SEC.52. Repealed by P.L.104-1983, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3. Safety Boards; Disciplinary Procedures › 36-8-3-18. Humane Officers; Appointment; Powers and Duties

Sec. 18. A humane officer shall be appointed in every city from among the members of the police department. The humane officer shall detect and arrest persons violating humane statutes. The humane officer is entitled to the same pay as other police officers of the city and is subject to the control and discipline of the police department. If there is an incorporated humane society in the city, the humane officer shall attend the stated and special meetings of the society and shall report to it, at least once a month, on all matters relating to the humane officer's duties under law for the previous month. If a humane statute or ordinance has, to the humane officer's knowledge, been violated, the humane officer shall, if directed by the president of the humane society, file the humane officer's affidavits before a court charging the person violating the law with the violation.
[Pre-Local Government Recodification Citation: 18-1-11-16.]
As added by Acts 1981, P.L.309, SEC.52. Amended by P.L.127-2017, SEC.225.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3. Safety Boards; Disciplinary Procedures › 36-8-3-19. Police Matrons; Appointment; Powers and Duties; Accommodations; Compensation; Qualifications

Sec. 19. (a) The safety board may appoint a police matron, including assistants that are necessary. The matron shall receive, search, and properly care for, at the jail or station house, all female prisoners who are arrested and detained in custody in the city. The matron is not a member of the police department of the city, but has all the authority delegated to a police officer. The matron is subject to rules that are prescribed for the matron by the safety board or by ordinance and may be removed by the board for good cause shown.
(b) The matron shall be given proper accommodations for the matron and for all prisoners under the matron's control. The matron is the jailer in charge of the women's department of the station house or jail and may summon a police officer or other person to the matron's aid when aid is required. The matron and the matron's assistant or assistants shall be paid the compensation or salaries that are set for other employees of the police department. The matron, or the matron's assistant, shall attend all courts when female prisoners are to be tried and shall take charge of all female prisoners while they are awaiting trial or transfer to or from a place of detention.
(c) The matron must be at least twenty-one (21) years of age, fully qualified, and of good moral character.
[Pre-Local Government Recodification Citation: 18-1-11-17.]
As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1981, P.L.315, SEC.3; P.L.127-2017, SEC.226.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3. Safety Boards; Disciplinary Procedures › 36-8-3-21. Police or Fire Department Members; Membership in 1977 Fund Required

Sec. 21. (a) Except as provided in subsection (b), this section applies to all units.
(b) This subsection does not apply to the appointment of a fire chief under a waiver under IC 36-8-4-6(c) or the appointment of a police chief under a waiver under IC 36-8-4-6.5(c). An individual may not be employed by a unit after May 31, 1985, as a member of the unit's fire department or as a member of the unit's police department unless the individual meets the conditions for membership in the 1977 fund.
(c) Notwithstanding IC 36-8-1-9, the executive of the unit may request that the 1977 fund accept the following individuals in the 1977 fund under IC 36-8-8-7(h):
(1) A fire chief appointed under a waiver under IC 36-8-4-6(c).
(2) A police chief appointed under a waiver under IC 36-8-4-6.5(c).
As added by P.L.342-1985, SEC.1. Amended by P.L.148-1992, SEC.2; P.L.213-1995, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3. Safety Boards; Disciplinary Procedures › 36-8-3-22. Police Reserve Officers; Medical Care for Line of Duty Injury or Illness; Third Party Reimbursement

Sec. 22. (a) This section applies after December 31, 2017, to a police reserve officer who is injured or contracts an illness in the course of or as the result of performing duties as a police reserve officer.
(b) A unit shall furnish without charge to a police reserve officer the physician, surgical, hospital, and nursing services and supplies the physician or surgeon in charge determines are necessary, including:
(1) medical and surgical care;
(2) medicines and laboratory, curative, and palliative agents and means;
(3) x-ray, diagnostic, and therapeutic service, including during a recovery period; and
(4) hospital and special nursing care, if the physician or surgeon in charge considers it necessary for proper recovery.
(c) A unit that has paid for the care of a police reserve officer under subsection (b) has a cause of action for reimbursement of the amount paid under subsection (b) against any third party against whom the police reserve officer has a cause of action for an injury sustained because of, or an illness caused by, the third party. The unit's cause of action is in addition to, and not in lieu of, a cause of action of the police reserve officer against the third party.
(d) A unit's obligation under this section supersedes any obligations that another medical insurance carrier has to pay the police reserve officer's expenses.
(e) In addition to purchasing policies of group insurance or establishing a plan of self-insurance under section 20(m) of this chapter, a unit may meet its obligation under this section by covering police reserve officers under the medical treatment and burial expense provisions of the worker's compensation law (IC 22-3-2 through IC 22-3-6) and the worker's occupational diseases law (IC 22-3-7). If compensability of the injury is an issue, the administrative procedures of IC 22-3-2 through IC 22-3-6 and IC 22-3-7 shall be used to determine the issue.
As added by P.L.180-2017, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3. Safety Boards; Disciplinary Procedures › 36-8-3-23. Police Reserve Officers; Payments for Loss of Income for Line of Duty Injury or Illness

Sec. 23. (a) This section applies after December 31, 2017, to a police reserve officer who is unable to pursue the officer's usual vocation as the result of an injury or illness occurring in the course of or as the result of the performance of duties as a police reserve officer.
(b) A unit shall pay a police reserve officer a weekly amount that may not be less than the Indiana minimum wage established under IC 22-2-2 and computed on the basis of a forty (40) hour work week.
(c) A unit shall pay the police reserve officer the weekly amount described in subsection (b) for the lesser of:
(1) the period the police reserve officer is unable to pursue the officer's usual vocation; or
(2) two hundred sixty (260) weeks.
As added by P.L.180-2017, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3.2. Employment Standards for Public Safety Officers › 36-8-3.2-1. Application of Chapter

Sec. 1. This chapter applies to the following:
(1) Full-time, fully paid firefighters hired or rehired after July 1, 1989.
(2) Full-time police officers hired or rehired after January 25, 1992.
As added by P.L.394-1987(ss), SEC.1. Amended by P.L.4-1992, SEC.22.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3.2. Employment Standards for Public Safety Officers › 36-8-3.2-1.5. Administration of Chapter

Sec. 1.5. This chapter shall be administered in a manner that is consistent with the Americans with Disabilities Act, to the extent required by the Act.
As added by P.L.4-1992, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3.2. Employment Standards for Public Safety Officers › 36-8-3.2-2. Certification of Applicants; Membership in 1977 Fund

Sec. 2. (a) A person who is an applicant to become a firefighter or police officer must, before being hired, be certified by the local board to the board of trustees of the Indiana public retirement system as having passed the minimum agility and aptitude tests outlined in this chapter.
(b) An applicant who:
(1) passes the baseline statewide physical and mental examination under IC 36-8-8-19; and
(2) meets the conditions for eligibility under IC 36-8-8-7;
shall be a member of the 1977 fund.
As added by P.L.394-1987(ss), SEC.1. Amended by P.L.4-1992, SEC.24; P.L.35-2012, SEC.108; P.L.85-2022, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3.2. Employment Standards for Public Safety Officers › 36-8-3.2-3. Physical Agility and Aptitude Tests; Adoption of Standards; Review

Sec. 3. (a) The appointing authority shall adopt standards for firefighters establishing a physical agility test that:
(1) does not discriminate on the basis of sex;
(2) reflects the essential functions of the job; and
(3) at a minimum includes testing the following:
(A) Fear of heights (acrophobia).
(B) Fear of confinement (claustrophobia).
(C) Muscular strength.
(D) Muscular endurance.
(E) Cardiovascular endurance.
(F) Musculoskeletal flexibility.
(b) The appointing authority shall also adopt standards for firefighters establishing a general aptitude test.
(c) The standards required by this section must be presented to the board of firefighting personnel standards and education established by IC 22-12-3-1 for review.
As added by P.L.394-1987(ss), SEC.1. Amended by P.L.4-1992, SEC.25.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3.2. Employment Standards for Public Safety Officers › 36-8-3.2-3.5. Physical Agility Test; Standards; General Aptitude Test; Review

Sec. 3.5. (a) The appointing authority shall adopt standards for police officers establishing a physical agility test that:
(1) does not discriminate on the basis of sex;
(2) reflects the essential functions of the job; and
(3) at a minimum includes testing the following:
(A) Muscular strength.
(B) Muscular endurance.
(C) Cardiovascular endurance.
(D) Musculoskeletal flexibility.
(b) The appointing authority may also adopt standards for police officers establishing a general aptitude test.
(c) The standards required by this section must be presented to the law enforcement training board established under IC 5-2-1-3 for review.
As added by P.L.4-1992, SEC.26.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3.2. Employment Standards for Public Safety Officers › 36-8-3.2-4. Administration of Tests

Sec. 4. The appointing authority or its designee shall administer the agility and aptitude tests to applicants and shall certify the results to the local board before extending an offer of employment.
As added by P.L.394-1987(ss), SEC.1. Amended by P.L.4-1992, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3.2. Employment Standards for Public Safety Officers › 36-8-3.2-5. Physical Agility Test; Additional Requirement

Sec. 5. The physical agility test established under section 3 or 3.5 of this chapter is in addition to the physical examination required under IC 36-8-3.5-12, IC 36-8-4-7, or IC 36-8-8-19.
As added by P.L.394-1987(ss), SEC.1. Amended by P.L.4-1992, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3.2. Employment Standards for Public Safety Officers › 36-8-3.2-6. Additional Standards

Sec. 6. An appointing authority may establish additional standards as a condition of employment. Any standards established under this section are in addition to the standards required by IC 36-8-8-19 and the standards identified in section 3 or 3.5 of this chapter.
As added by P.L.4-1992, SEC.29.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3.5. Police and Fire Merit Systems › 36-8-3.5-0.1. Application of Chapter

Sec. 0.1. This chapter applies to the following:
(1) A municipality or township that has a full-time paid police or fire department.
(2) A fire protection district established under IC 36-8-11.
(3) A fire protection territory established under IC 36-8-19.
As added by P.L.207-2023, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3.5. Police and Fire Merit Systems › 36-8-3.5-0.3. "Department"

Sec. 0.3. As used in this chapter, "department" refers to:
(1) the police department of a unit;
(2) the fire department of a unit;
(3) a district; or
(4) a territory.
As added by P.L.207-2023, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3.5. Police and Fire Merit Systems › 36-8-3.5-0.5. "Governing Board"

Sec. 0.5. As used in this chapter, "governing board" refers to the following:
(1) In the case of a fire protection district, the board of fire trustees appointed under IC 36-8-11-12.
(2) In the case of a fire protection territory, the body or board delegated the responsibilities for overseeing the hiring, promotion, conduct, and discipline of the members of the department by the terms of the interlocal agreement entered into by the participating units of the fire protection territory.
As added by P.L.207-2023, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3.5. Police and Fire Merit Systems › 36-8-3.5-1.1. District; Territory; Establishment of System

Sec. 1.1. (a) This section applies only to a district or territory.
(b) The governing board may, by resolution, establish a merit system under this chapter. Before the merit system takes effect, however, the merit system must be approved by a majority of the active members of the department in a referendum as provided in section 4 of this chapter. The governing board shall specify in the adopting resolution which provisions of this chapter are being adopted that are:
(1) applicable to the district or territory; and
(2) left to the governing board's discretion;
under this chapter.
(c) This chapter does not prevent a district or territory that has adopted a merit system under this chapter from later amending or deleting any provisions of the merit system contained in this chapter. However, the merit system must include a provision under which the commission has at least one-third (1/3) of its members elected by the active full-time members of the department, as set forth in section 8 of this chapter and a provision that incorporates the requirements of section 6(c) of this chapter. This subsection does not require the governing board under subsection (b) to establish a new merit system when the governing board exercises its power to amend under this subsection.
As added by P.L.207-2023, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3.5. Police and Fire Merit Systems › 36-8-3.5-3. Establishment; Separate Systems

Sec. 3. (a) The legislative body of a unit (other than a township) may, by ordinance, establish a merit system under this chapter for the police or fire department of the unit. The legislative body of a township may, by resolution, establish a merit system under this chapter for the township's fire department. Before the merit system takes effect, however, the system must be approved by a majority of the active members of the department in a referendum.
(b) The legislative body shall specify in the adopting ordinance or resolution which of the provisions of this chapter that are left to its discretion are being adopted.
(c) If a merit system is established under this chapter for each department of a unit, each department has a separate merit system.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.180-2002, SEC.2.
2023 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 or governing 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 or governing 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; P.L.207-2023, SEC.11.
2023 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

Sec. 5. (a) A majority of the active members of the department, by referendum under section 4 of this chapter, may request the:
(1) unit's legislative body; or
(2) governing board;
to establish a merit system for the department.
(b) The unit's legislative body or the governing board shall vote on the request within sixty (60) days after the request is filed with the following:
(1) In the case of a unit:
(A) the clerk of the legislative body of a county or a municipality; or
(B) the executive of a township.
(2) In the case of a district or territory, the governing board.
(c) If the unit's legislative body votes to grant the request, the legislative body shall adopt an ordinance or resolution establishing a merit system under this chapter. If the governing board votes to grant the request, the governing board shall adopt a 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.
(d) If the unit's legislative body or a governing board votes to deny the request, the request may not be resubmitted to the legislative body or governing board 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; P.L.207-2023, SEC.12.
2023 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:
(1) each department of a unit;
(2) a district; or
(3) a territory;
having a merit system.
(b) The commissioners of a unit 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.
(c) The commissioners of a district or territory are:
(1) the members of the governing board; and
(2) two (2) persons, who must be of different political parties, elected by the active members of the department.
Notwithstanding IC 36-1-8-10, the political affiliation of the persons appointed under subdivision (2) shall be determined through the voters' registration records of the three (3) most recent primary elections.
(d) This subsection does not apply to a commissioner who is a member of the governing board of a district or territory. A commissioner must have been a legal resident of the unit, district, or territory for three (3) consecutive years immediately preceding the commissioner's term and must be a person of good moral character. The unit's 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. The governing board may determine a per diem to be paid to each commissioner appointed under subsection (c)(2) 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.
(e) 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 of a unit or the governing board.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.185-1988, SEC.4; P.L.207-2023, SEC.14.
2023 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) This subsection applies only to a unit. 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) This subsection applies only to a district or territory. A commissioner who is a member of the governing board serves on the commission until the member ceases to be a member of the governing board. The term of a commissioner elected by the department under section 6(c)(2) of this chapter is four (4) years. However, the initial term of one (1) of the commissioners elected by the department is for a term of two (2) years.
(c) 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.
(d) A commissioner appointed by the unit's legislative body 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 or governing 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. Amended by P.L.207-2023, SEC.15.
2023 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 or governing board. The safety board or governing 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 or governing 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; P.L.207-2023, SEC.16.
2023 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; Selection of Officers; Records; Budget; per Diem

Sec. 9. (a) Not later than 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 the commissioners a president, vice president, and secretary. The commission shall keep a permanent record of its proceedings.
(b) In the case of a unit, 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.
(c) The commissioners for a territory or district who are:
(1) members of the governing board may not receive a per diem for serving on the commission, but may receive compensation for expenses actually incurred in the performance of a commissioner's duties; and
(2) described in section 6(c)(2) of this chapter may receive a per diem for serving on the commission and compensation for expenses actually incurred in the performance of a commissioner's duties.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.207-2023, SEC.17.
2023 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 as follows:
(1) In the case of a unit, the office of the:
(A) clerk of a county, city, or town; or
(B) executive of a township;
for inspection by residents of the unit.
(2) In the case of a district or territory, the office of the:
(A) county legislative body of each county in which the district or territory is located;
(B) governing body; and
(C) clerk of each city or town and the executive of each township that is:
(i) located in; and
(ii) part of the district or territory;
for inspection by residents of the district or territory.
(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, district, or territory 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 the commission's 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; P.L.207-2023, SEC.18.
2023 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 or the governing board 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:
(1) unit's legislative body upon request of the unit's executive; or
(2) governing board.
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; P.L.207-2023, SEC.19.
2023 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.