reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3.5. Police and Fire Merit Systems › 36-8-3.5-14. Promotions; Competitive Examinations; Procedures

Sec. 14. (a) Before a written competitive examination may be held to fill a current or expected vacancy in the ranks, the members eligible to take the examination must be notified of the written materials from which the questions will be taken. The commission may employ instructors, purchase materials, and make other expenditures to provide information for applicants for promotion examinations.
(b) The identity of a member taking the written examination shall be withheld from the person or persons grading the examination, and all written examinations are confidential. The commission shall notify each member in writing of the score that the member received on the examination. The score received by a member on the written examination becomes a part of the permanent file of the member, and the member is entitled to access to this file for examination at any time.
(c) The examination papers shall be kept under the commission's supervision. A member who is aggrieved with the score received on the written examination may appeal to the commission for review of the score. The appeal must be filed within ten (10) days after notice of the score has been sent to the member. The member may review the questions incorrectly answered by the member and challenge the answer considered correct by the examiner. The commission shall either affirm the score or correct the score according to the findings of a review. The examination papers shall be retired after the two (2) year period during which the eligibility list is valid. The retired papers shall be kept for five (5) years and then destroyed.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.127-2017, SEC.231.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3.5. Police and Fire Merit Systems › 36-8-3.5-15. Performance Ratings; Rules; Appeal

Sec. 15. (a) The commission shall adopt rules for determining a performance rating. The rules must require that a performance rating be made at least once every six (6) months for each member of the department, including probationary members. The rating shall be made by one (1) or more of the member's superiors, as defined in the commission's rules. Probationary members shall be rated in the same manner as other members of the department. The ratings shall be submitted to the chief of the department and kept on file in the chief's office under the chief's supervision. The chief shall notify each member in writing of the rating that the member received.
(b) A member who is aggrieved with the performance rating given to the member by the member's superior may appeal to the commission for a review of the rating. The appeal must be filed within ten (10) days after notice of the rating has been sent to the member. The commission shall either affirm or correct the rating.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.127-2017, SEC.232.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3.5. Police and Fire Merit Systems › 36-8-3.5-16. Promotions; Certification of Eligible Members; Probation; Procedures

Sec. 16. (a) When a vacancy in rank occurs, the commission shall certify to the chief of the department the three (3) members with the highest scores on the eligibility list for that particular rank. Within six (6) months the commission, upon the recommendation of the chief, shall promote one (1) of those members to fill the vacant position.
(b) All promotions are probationary for a period not to exceed one (1) year. At the end of the period, a probationary member's superior shall review the member's performance and recommend to the commission that:
(1) the promotion be made permanent; or
(2) the promotion be revoked.
(c) The commission shall prepare a rating chart for the superior's use in making the report. The commission shall review the report and decide what action should be taken. The probationary member is entitled to appear before the commission and be heard on any matter detrimental to the member in the report of the member's superior. The member is also entitled to be represented by counsel or another representative of the member's choice. If the promotion is finally revoked the member may not be returned to a rank lower than that the member held before the probationary promotion.
(d) Actions by the commission other than making the promotion permanent may be appealed within thirty (30) days to the circuit or superior court of the county, with the unit, district, or territory being named as the sole defendant.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.127-2017, SEC.233; P.L.207-2023, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3.5. Police and Fire Merit Systems › 36-8-3.5-18. Appeal to Court; Suspension or Dismissal; Precedence

Sec. 18. (a) A member who is aggrieved by a decision of the commission to suspend the member for a period greater than ten (10) calendar days, demote the member, or dismiss the member may appeal to the circuit or superior court of the county as follows:
(1) The county in which the unit is located.
(2) The county in which the provider unit (as defined in IC 36-8-19-3) of the territory is located.
(3) If a district is located in:
(A) not more than one (1) county, the county in which the district is located; or
(B) at least two (2) counties, the primary county (as defined in IC 36-8-11-2).
(b) The appeal shall be made according to the Indiana rules of trial procedure with the following exceptions:
(1) The verified appeal must be filed within thirty (30) days after the date of the board's decision.
(2) The unit, district, or territory shall be named as the sole defendant.
(3) The unit, district, or territory is assumed to have denied the allegations without filing a responsive pleading.
(4) The plaintiff must file a bond at the time of filing the complaint conditioned on the plaintiff prosecuting the appeal to a final determination and paying the court costs incurred in the appeal.
(5) Within thirty (30) days after the service of summons the commission shall file in court a complete transcript of all papers, entries, and other parts of the record relating to the case.
(c) The appeal takes precedence over other litigation pending before the court.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.127-2017, SEC.234; P.L.207-2023, SEC.22.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3.5. Police and Fire Merit Systems › 36-8-3.5-19. Summary Disciplinary Actions; Reprimand or Suspension

Sec. 19. (a) In addition to the disciplinary powers of the commission, the chief of the department, may, without a hearing, reprimand or suspend without pay a member, including a police radio or signal alarm operator or a fire alarm operator, for a maximum of five (5) working days. For the purposes of this subsection, eight (8) hours of paid time constitutes one (1) working day.
(b) If a chief reprimands a member in writing or suspends a member, the chief shall, within forty-eight (48) hours, notify the commission in writing of the action and the reasons for the action. A member who is reprimanded in writing or suspended under this section may, within forty-eight (48) hours after receiving notice of the reprimand or suspension, request in writing that the commission review the reprimand or suspension and either uphold or reverse the chief's decision. At its discretion, the commission may hold a hearing during this review. If the board holds a hearing, written notice must be given either by service upon the member in person or by a copy left at the member's last and usual place of residence at least fourteen (14) days before the date set for the hearing. The notice must contain the information listed under section 17(d) of this chapter. If the decision is reversed, the individual who was suspended is entitled to any wages withheld as a result of the suspension.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.265-1993, SEC.4; P.L.127-2017, SEC.235.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3.5. Police and Fire Merit Systems › 36-8-3.5-19.3. Suspension or Termination of Ems Personnel; Right to Hearing and Appeal

Sec. 19.3. (a) This section applies to a department that has at least one (1) certified employee, without regard to whether:
(1) the employee is an appointed police officer or firefighter; or
(2) the department has a merit system to which this chapter does not otherwise apply as provided under section 1 of this chapter.
(b) As used in this section, "certified employee" means an individual who, as a condition of employment, holds a valid certification issued under IC 16-31-3 by the Indiana emergency medical services commission established by IC 16-31-2-1.
(c) As used in this section, "medical director" means a physician with an unlimited license to practice medicine in Indiana and who performs the duties and responsibilities described in 836 IAC 2-2-1.
(d) If a medical director takes any of the following actions against a certified employee, the medical director shall provide to the certified employee and to the chief of the certified employee's department a written explanation of the reasons for the action taken by the medical director:
(1) The medical director refuses or fails to supervise or otherwise provide medical control and direction to the certified employee.
(2) The medical director refuses or fails to attest to the competency of the certified employee to perform emergency medical services.
(3) The medical director suspends the certified employee from performing emergency medical services.
(e) Before a department takes any employment related action as the result of a medical director's action described in subsection (d) against a certified employee, the certified employee is entitled to a hearing and appeal concerning the medical director's action as provided in sections 17 and 18 of this chapter.
(f) If the medical director's action that is the subject of an appeal under subsection (e) is based on a health care decision made by the certified employee in performing emergency medical services, the commission conducting the hearing shall consult with an independent medical expert to determine whether the certified employee followed the applicable emergency medical services protocol in making the health care decision. The independent medical expert:
(1) must be a physician trained in emergency medical services; and
(2) may not be affiliated with the same hospital as the medical director.
As added by P.L.13-2010, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3.5. Police and Fire Merit Systems › 36-8-3.5-20. Retirement Age

Sec. 20. A member of the department shall retire from the department when the member reaches the member's seventieth birthday. However, a member of the department who is seventy (70) years of age or older at the time the ordinance or resolution establishing the merit system takes effect may serve until the end of the calendar year.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.38-1986, SEC.2; P.L.180-2002, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3.5. Police and Fire Merit Systems › 36-8-3.5-21. Temporary Leave of Absence; Seniority; Reinstatement

Sec. 21. (a) If it is necessary for the safety board or governing board to reduce the number of members of the department, the reduction shall be made by granting a temporary leave of absence, without pay or financial obligation to the unit, territory, or district, to the appropriate number of members. The last member appointed shall be put on leave first, with other members also put on leave in reverse hiring order, until the desired level is achieved.
(b) If the department is increased in number again, the members of the department who have been granted leaves of absence under this section shall be reinstated before an applicant on the eligibility list is appointed to the department. The reinstatements begin with the last member granted a leave.
(c) A member on leave of absence shall keep the commission advised of the member's current address. A member shall be informed of the member's reinstatement by written notice. Within ten (10) calendar days after a member receives notice of reinstatement, the member must advise the commission that the member accepts reinstatement and will be able to commence employment on the date specified in the notice. All reinstatement rights granted to a member terminate upon the member's failure to accept reinstatement within that period.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.127-2017, SEC.236; P.L.207-2023, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3.5. Police and Fire Merit Systems › 36-8-3.5-22. Rules; Printing; Copies to Department Members; Effective Date

Sec. 22. The department shall print all rules of the commission and furnish a copy to each member of the department. Amendments to the rules take effect thirty (30) days after their adoption if copies have been furnished to all members of the department within that period. Otherwise, they do not take effect until copies are furnished to all members of the department.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.316, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 3.5. Police and Fire Merit Systems › 36-8-3.5-23. Offense; Furnishing Information to Applicants

Sec. 23. A commissioner who knowingly furnishes information to an applicant for original appointment or to a member eligible for promotion that gives that person an advantage over another person commits a Level 6 felony.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.158-2013, SEC.679.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 4. Police and Fire Employment Policies in Cities › 36-8-4-2. Member Residency

Sec. 2. Members of the police and fire departments are not subject to residency requirements but must:
(1) have adequate means of transportation into the jurisdiction served by the member's department; and
(2) maintain telephone service to communicate with the department.
[Pre-Local Government Recodification Citation: 19-1-2-1 part.]
As added by Acts 1981, P.L.309, SEC.53. Amended by Acts 1981, P.L.44, SEC.56; P.L.198-1984, SEC.1; P.L.266-1993, SEC.1; P.L.164-1995, SEC.21; P.L.235-1996, SEC.1; P.L.230-1997, SEC.1; P.L.65-2008, SEC.1; P.L.171-2019, SEC.12; P.L.28-2021, SEC.1; P.L.122-2023, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 4. Police and Fire Employment Policies in Cities › 36-8-4-3. Use of Departmental Vehicles

Sec. 3. Members of the police and fire departments may not use vehicles owned or maintained by their department outside the county in which the city is located except during the performance of official duties or as provided for by department regulation.
[Pre-Local Government Recodification Citation: 19-1-2-1 part.]
As added by Acts 1981, P.L.309, SEC.53. Amended by P.L.199-1984, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 4. Police and Fire Employment Policies in Cities › 36-8-4-4. Provision of Uniforms and Equipment; Cash Allowance

Sec. 4. (a) A city shall provide the active members of the police and fire departments with all uniforms, clothing, arms, and equipment necessary to perform their duties. Except as provided in section 4.5 of this chapter, after one (1) year of regular service in either department, a member may be required by the city to furnish and maintain all of the active member's uniforms, clothing, arms, and equipment upon payment to the member by the city of an annual cash allowance of at least two hundred dollars ($200). The city may credit the uniform allowance to each member against the active member's purchases during the calendar year and provide for the payment of any cash balance remaining at the end of the calendar year.
(b) All uniforms, clothing, arms, and equipment provided by the city under this section remain the property of the city. The city may sell the property when it becomes unfit for use, and all money received shall be paid into the general fund of the city. Any property lost or destroyed through the carelessness or neglect of an active member shall be charged against the active member and the value deducted from the active member's pay.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-10-1; subsection (b) formerly 19-1-10-2.]
As added by Acts 1981, P.L.309, SEC.53. Amended by P.L.8-2009, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 4. Police and Fire Employment Policies in Cities › 36-8-4-4.5. Body Armor for Active Members of Police Departments

Sec. 4.5. (a) As used in this section, "body armor" has the meaning set forth in IC 35-47-5-13(a).
(b) A city shall provide an active member of the police department of the city with body armor for the torso. The city shall replace the body armor for the torso according to the replacement period recommended by the manufacturer of the body armor for the torso.
(c) An active member of the police department of a city shall not be required to maintain the body armor for the torso furnished under this section from any annual cash allowance paid to the member under section 4(a) of this chapter.
(d) Body armor for the torso provided by a city under this section remains the property of the city. The city may sell the property when it becomes unfit for use, and all money received shall be paid into the general fund of the city.
As added by P.L.8-2009, SEC.2. Amended by P.L.34-2010, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 4. Police and Fire Employment Policies in Cities › 36-8-4-5. Care of Police Officers and Firefighters Injured or Contracting Illnesses as a Result of Performance of Duties

Sec. 5. (a) A city shall pay for the care of a police officer or firefighter who suffers an injury while performing the person's duty or while the person is on duty or who contracts illness caused by the performance of the person's duty, including an injury or illness that results in a disability or death presumed incurred in the line of duty under IC 5-10-13. This care includes:
(1) medical and surgical care;
(2) medicines and laboratory, curative, and palliative agents and means;
(3) X-ray, diagnostic, and therapeutic service, including during the recovery period; and
(4) hospital and special nursing care if the physician or surgeon in charge considers it necessary for proper recovery.
(b) Expenditures required by subsection (a) shall be paid from the general fund of the city.
(c) A city that has paid for the care of a police officer or firefighter under subsection (a) has a cause of action for reimbursement of the amount paid under subsection (a) against any third party against whom the police officer or firefighter has a cause of action for an injury sustained because of or an illness caused by the third party. The city's cause of action under this subsection is in addition to, and not in lieu of, the cause of action of the police officer or firefighter against the third party.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-13-1; subsection (b) formerly 19-1-13-2.]
As added by Acts 1981, P.L.309, SEC.53. Amended by P.L.169-1994, SEC.1; P.L.185-2002, SEC.4; P.L.66-2020, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 4. Police and Fire Employment Policies in Cities › 36-8-4-6. Promotions

Sec. 6. (a) This section applies only to:
(1) police departments in second and third class cities having a population of ten thousand (10,000) or more; and
(2) fire departments in second and third class cities;
that are not governed by a merit system prescribed by statute or ordinance.
(b) Promotion of police officers or firefighters must be from the active personnel of the department.
(c) A person appointed fire chief must have had at least five (5) years of continuous service with the department immediately before the fire chief's appointment. However, this requirement may be waived by a majority vote of the city legislative body upon request of the city executive, although the person must still have at least five (5) years service with a full-time, paid fire department or agency.
(d) A person appointed to a rank other than police or fire chief or deputy police chief must have had at least two (2) years of continuous service with the department immediately before the person's appointment.
[Pre-Local Government Recodification Citations: 19-1-27-1; 19-1-36-1.]
As added by Acts 1981, P.L.309, SEC.53. Amended by Acts 1981, P.L.315, SEC.4; P.L.348-1987, SEC.2; P.L.127-2017, SEC.237.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 4. Police and Fire Employment Policies in Cities › 36-8-4-6.5. Police Chiefs or Deputy Police Chiefs; Requirements

Sec. 6.5. (a) This section applies to the appointment of a police chief or deputy police chief in all cities.
(b) An applicant must meet the following requirements:
(1) Have five (5) years of service as:
(A) a police officer with a full-time, paid police department or agency; or
(B) a federal enforcement officer (as defined in IC 35-31.5-2-129) with a full-time, paid federal law enforcement agency.
(2) Be a citizen of the United States.
(3) Be a high school graduate or equivalent.
(4) Be at least twenty-one (21) years of age.
(5) Be free of mental illness.
(6) Be physically fit.
(7) Have successfully completed:
(A) the minimum basic training requirements established by the law enforcement training board under IC 5-2-1, or have continuous service with the same department to which the applicant was appointed as a law enforcement officer before July 6, 1972; or
(B) the minimum basic federal law enforcement training requirements that are substantially equivalent to the training requirements as described in clause (A).
(c) In addition to the requirements of subsection (b), an applicant for appointment as police chief or deputy police chief must have at least five (5) years of continuous service with the police department of that city or with the same federal law enforcement agency immediately before the appointment. This requirement may be waived by the city executive.
As added by P.L.348-1987, SEC.3. Amended by P.L.148-1992, SEC.3; P.L.68-1996, SEC.8; P.L.117-2020, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 4. Police and Fire Employment Policies in Cities › 36-8-4-7. Age Limitations; Aptitude, Physical Agility, and Physical Examinations

Sec. 7. (a) Subject to IC 36-8-4.7, a person may not be appointed as a member of the police or fire department after the person has reached forty (40) years of age. A person may be reappointed as a member of any department only if the person is a former member or a retired member not yet receiving retirement benefits of the 1925, 1937, 1953, or 1977 fund and can complete twenty (20) years of service before reaching sixty (60) years of age.
(b) This section does not apply to a fire chief appointed under a waiver under section 6(c) of this chapter or a police chief appointed under a waiver under section 6.5(c) of this chapter.
(c) A person must pass the aptitude, physical agility, and physical examination required by the local board of the fund and by IC 36-8-8-19 to be appointed or reappointed as a member of the department.
(d) A fire chief appointed under a waiver under section 6(c) of this chapter or police chief appointed under a waiver under section 6.5(c) of this chapter who is receiving, or is entitled to receive, benefits from the 1925, 1937, 1953, or 1977 fund may receive those benefits while serving as chief, subject to all normal requirements for receipt of a benefit, including a separation from service.
[Pre-Local Government Recodification Citation: 19-1-15-1.]
As added by Acts 1981, P.L.309, SEC.53. Amended by Acts 1981, P.L.315, SEC.5; P.L.38-1986, SEC.3; P.L.55-1987, SEC.3; P.L.4-1992, SEC.31; P.L.213-1995, SEC.4; P.L.246-2001, SEC.13; P.L.115-2016, SEC.2; P.L.103-2021, SEC.3; P.L.85-2022, SEC.3; P.L.102-2023, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 4. Police and Fire Employment Policies in Cities › 36-8-4-8. Police Officers; Maximum Work Week; Compensation for Additional Time

Sec. 8. (a) A member of the police department may not be required, except in case of a public emergency as determined by the city executive, to work more than six (6) days of eight (8) hours each in one (1) week, or more than an average of forty-eight (48) hours per week in one (1) year.
(b) If a member of the police department is requested or required to appear in court or to perform another service, and the time served does not fall within the limits of the member's normal eight (8) hour shift, then the member may be compensated for the additional time at a rate to be fixed by ordinance.
(c) This section does not apply to the police chief, chief of detectives, superintendent of the department, or matron of the department.
[Pre-Local Government Recodification Citation: 19-1-16-1.]
As added by Acts 1981, P.L.309, SEC.53. Amended by P.L.127-2017, SEC.238.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 4. Police and Fire Employment Policies in Cities › 36-8-4-9. Firefighters; Hours of Work

Sec. 9. (a) A member of a regularly organized and paid fire department may not be required to work more than an average of fifty-six (56) hours per week. However, if on September 1, 1985, a fire department was using sixty-three (63) hours as the maximum average number of hours a member could work a week, the department may continue to use that figure as the standard. A member may not be on duty more than twenty-four (24) consecutive hours and must be off duty at least twenty-four (24) consecutive hours out of any forty-eight (48) hour period. Each member is entitled to an additional twenty-four (24) consecutive hours off duty in every eight (8) day period.
(b) Notwithstanding subsection (a), in case of emergency, or if the personnel of the fire department has been reduced below its regular strength because members are serving in the armed forces of the United States, the chief of the fire department, the assistant chief, or other officer in charge may assign a member of the fire department to continuous duty during the emergency.
[Pre-Local Government Recodification Citation: 19-1-35-1.]
As added by Acts 1981, P.L.309, SEC.53. Amended by P.L.343-1985, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 4. Police and Fire Employment Policies in Cities › 36-8-4-10. Public Safety Officers; Preference for Employment

Sec. 10. (a) Subject to subsection (c), the board or persons having the authority to employ members of the fire or police department shall give a preference for employment according to the following priority:
(1) A war veteran who has been honorably discharged from the United States armed forces.
(2) A person whose mother or father was a:
(A) firefighter of a unit;
(B) municipal police officer; or
(C) county police officer;
who died in the line of duty (as defined in IC 5-10-10-2).
(b) Subject to subsection (c), the board or person having the authority to employ members of a fire or police department may give a preference for employment to any of the following:
(1) A police officer or firefighter laid off by another city under section 11 of this chapter.
(2) A county police officer laid off by a sheriff's department under IC 36-8-10-11.1.
(3) A person who:
(A) was employed full-time or part-time by a township to provide fire protection and emergency services; and
(B) has been laid off by the township.
(c) A person described in subsection (a) or (b) may not receive a preference for employment unless the person:
(1) applies; and
(2) meets all employment requirements prescribed:
(A) by law, including physical and age requirements; and
(B) by the fire or police department.
[Pre-Local Government Recodification Citation: 19-1-35-3.]
As added by Acts 1981, P.L.309, SEC.53. Amended by P.L.95-2003, SEC.1; P.L.110-2010, SEC.35.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 4. Police and Fire Employment Policies in Cities › 36-8-4-11. Layoffs; Reinstatement

Sec. 11. (a) If it is necessary for the safety board to reduce the number of members of the police or fire department by layoff for financial reasons, the last member appointed must be the first to be laid off, with other members also laid off in reverse hiring order, until the desired level is achieved.
(b) If the department is increased in number again, the members of the department who have been laid off under this section shall be reinstated before any new member is appointed to the department. The reinstatements begin with the last member laid off.
(c) A member who is laid off shall keep the appointing authority advised of the member's current address. A member shall be informed of the member's reinstatement by written notice sent by certified mail to the member's last known address. Within twenty (20) calendar days after notice of reinstatement is sent to a member, the member must advise the hiring body that the member accepts reinstatement and will be able to commence employment on the date specified in the notice. All reinstatement rights granted to a member terminate upon the member's failure to accept reinstatement within that twenty (20) day period or five (5) years after the day on which a member's layoff begins.
As added by P.L.361-1983, SEC.1. Amended by P.L.344-1985, SEC.1; P.L.56-2010, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 4. Police and Fire Employment Policies in Cities › 36-8-4-12. Probationary Appointments

Sec. 12. The safety board may provide that all appointments to the police or fire department are probationary for a period not to exceed one (1) year. If the safety board finds, upon the recommendation of the chief of the department during the probationary period, that the conduct or capacity of a member is not satisfactory, the safety board shall notify the member in writing that the member is being suspended or that the member will not receive a permanent appointment. If a member is notified that the member will not receive a permanent appointment, the member's employment immediately ceases. Otherwise, at the expiration of the probationary period, the member is considered regularly employed.
As added by P.L.361-1983, SEC.2. Amended by P.L.127-2017, SEC.239.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 4.3. Police and Fire Employment Policies in Special Service Districts › 36-8-4.3-2. Payment of Line of Duty Health Care Expenses of Police and Firefighters

Sec. 2. (a) A special service district shall pay for the care of:
(1) a full-time, paid police officer who:
(A) suffers an injury; or
(B) contracts an illness;
during the performance of the officer's duty; or
(2) a full-time, paid firefighter who:
(A) suffers an injury; or
(B) contracts an illness;
during the performance of the firefighter's duty.
(b) The special service district shall pay for the following expenses incurred by a police officer or firefighter described in subsection (a):
(1) Medical and surgical care.
(2) Medicines and laboratory, curative, and palliative agents and means.
(3) X-ray, diagnostic, and therapeutic service, including during the recovery period.
(4) Hospital and special nursing care if the physician or surgeon in charge considers it necessary for proper recovery.
(c) Expenditures required by subsection (a) shall be paid from the general fund of the special service district.
(d) A special service district that has paid for the care of a police officer or firefighter under subsection (a) has a cause of action for reimbursement of the amount paid under subsection (a) against any third party against whom the police officer or firefighter has a cause of action for an injury sustained because of, or an illness caused by, the third party. The special service district's cause of action under this subsection is in addition to, and not in lieu of, the cause of action of the police officer or firefighter against the third party.
As added by P.L.150-2002, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 4.3. Police and Fire Employment Policies in Special Service Districts › 36-8-4.3-3. Member Residency

Sec. 3. A police officer or firefighter who is a member of the police or fire department of a special service district is not subject to residency requirements but must:
(1) have adequate means of transportation into the jurisdiction served by the member's department; and
(2) maintain telephone service to communicate with the department.
As added by P.L.122-2023, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 4.5. Town Police and Fire Employment Policies › 36-8-4.5-1. Application

Sec. 1. This chapter applies to the following:
(1) A member of a town police department under IC 36-5-7 or IC 36-8-9.
(2) A member of a town fire department.
As added by P.L.65-2008, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 4.5. Town Police and Fire Employment Policies › 36-8-4.5-3. "Member of a Town Fire Department"

Sec. 3. As used in this chapter, "member of a town fire department" does not include a volunteer firefighter under IC 36-8-12-2.
As added by P.L.65-2008, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 4.5. Town Police and Fire Employment Policies › 36-8-4.5-4. Member Residency

Sec. 4. A member of a town police or fire department is not subject to residency requirements but must:
(1) have adequate means of transportation into the jurisdiction served by the member's department; and
(2) maintain telephone service to communicate with the department.
As added by P.L.65-2008, SEC.2. Amended by P.L.171-2019, SEC.13; P.L.122-2023, SEC.25.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 4.5. Town Police and Fire Employment Policies › 36-8-4.5-9. Use of Department Vehicles

Sec. 9. Members of the police and fire departments may not use vehicles owned or maintained by their department outside the county in which the town is located except:
(1) during the performance of official duties; or
(2) as provided for by department regulation.
As added by P.L.65-2008, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 4.7. Employment of Veterans as Public Safety Officers › 36-8-4.7-2. "Appointing Authority"

Sec. 2. As used in this chapter, "appointing authority" means:
(1) the chief executive officer, board, or other entity of a police department with authority to appoint and hire a member of the police department; or
(2) the chief executive officer, board, or other entity of a fire department with authority to appoint and hire a member of the fire department.
As added by P.L.115-2016, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 4.7. Employment of Veterans as Public Safety Officers › 36-8-4.7-3. "Armed Forces"

Sec. 3. As used in this chapter, "armed forces" means the active and reserve components of the following:
(1) The United States Army.
(2) The United States Navy.
(3) The United States Air Force.
(4) The United States Marine Corps.
(5) The United States Coast Guard.
(6) The Indiana National Guard.
As added by P.L.115-2016, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 4.7. Employment of Veterans as Public Safety Officers › 36-8-4.7-5. Waiver of Maximum Age for Appointment to Police or Fire Department; Waiver Requirements; 1977 Fund Membership

Sec. 5. (a) Notwithstanding any contrary law, an appointing authority shall waive any age restriction for a person not more than forty (40) years and six (6) months of age that applies to the appointment and hiring of an individual as:
(1) a member of the police department; or
(2) a member of the fire department;
if the individual meets the requirements of subsection (b).
(b) An individual who meets all the following requirements is entitled to the waiver described in subsection (a):
(1) On the date the individual applies to be appointed and hired as:
(A) a member of the police department; or
(B) a member of the fire department;
the individual is a veteran who has completed at least twenty (20) years of military service.
(2) The individual received or is eligible to receive an honorable discharge from the armed forces.
(3) The individual meets all other requirements for appointment and hiring as:
(A) a member of the police department; or
(B) a member of the fire department;
including all physical requirements.
(c) An individual who is entitled to the waiver described in subsection (a) is eligible to become a member of the 1977 fund.
As added by P.L.115-2016, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 5. Police and Fire Leaves of Absence › 36-8-5-1. Application of Chapter

Sec. 1. (a) This chapter applies to the following:
(1) All municipalities.
(2) A county having a consolidated city that establishes a consolidated law enforcement department under IC 36-3-1-5.1.
(b) Section 2 of this chapter applies to any other political subdivision that employs full-time, fully paid firefighters.
[Pre-Local Government Recodification Citations: Part new; 19-1-6.5-1(c) part.]
As added by Acts 1981, P.L.309, SEC.54. Amended by P.L.227-2005, SEC.38; P.L.1-2006, SEC.574.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 5. Police and Fire Leaves of Absence › 36-8-5-3. Military Service; Temporary Leave of Absence

Sec. 3. (a) An active member of a regularly organized police or fire department who is:
(1) taken into military service by induction, enlistment, or commission or assigned by the government for war work during a national emergency declared by the president of the United States or during armed hostilities in which the United States is engaged; and
(2) temporarily absent from the department;
is considered to be a continuing member of the department on a temporary leave of absence. The records of the department must show the member in this status.
(b) Subsection (a) does not apply to a member who enlists or reenlists when no emergency or war has been declared.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-4-1 part; subsection (b) formerly 19-1-4-9 part.]
As added by Acts 1981, P.L.309, SEC.54.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 5. Police and Fire Leaves of Absence › 36-8-5-4. Military Leaves; Overtime to Cover Vacancies

Sec. 4. The safety board and the police and fire chiefs may require members of the police and fire departments to work overtime to cover the vacancies created by members on temporary leave of absence under section 3 of this chapter. For overtime work the police officers and firefighters shall be compensated at a rate of pay not exceeding the amount that would have been paid the regular members had they not left for military service or been assigned to government war work.
[Pre-Local Government Recodification Citation: 19-1-4-3.]
As added by Acts 1981, P.L.309, SEC.54.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 5. Police and Fire Leaves of Absence › 36-8-5-5. Military Leaves; Use of Temporary Employees to Cover Vacancies

Sec. 5. (a) If, in the judgment of the executive, overtime work by the regular police officers or firefighters under section 4 of this chapter does not meet the requirements for public safety in the municipality, the safety board and the police and fire chiefs may employ persons temporarily. However, if there is an established merit system, eligibility lists for appointment or promotion in effect must be used in the selection of personnel before other temporary or permanent appointments. These persons shall be employed as temporary employees and are not members or beneficiaries of any pension fund under this article. All temporary employees' service terminates at the expiration of the emergency.
(b) Temporary employees and overtime work shall be paid out of the unexpended appropriations for salaries of those on temporary leave of absence under section 3 of this chapter.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-4-4; subsection (b) formerly 19-1-4-5.]
As added by Acts 1981, P.L.309, SEC.54.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 5. Police and Fire Leaves of Absence › 36-8-5-6. Military Leaves; Salary Appropriations for Absent Employees

Sec. 6. A municipality shall make a sufficient appropriation in its salary personnel budget appropriations for the police and fire departments for all members on temporary leave of absence under section 3 of this chapter. The personnel budget may not be reduced so as to make it impossible to absorb members who have returned from temporary leave.
[Pre-Local Government Recodification Citation: 19-1-4-6.]
As added by Acts 1981, P.L.309, SEC.54.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 5. Police and Fire Leaves of Absence › 36-8-5-7. Military Leaves; Pension Considerations

Sec. 7. (a) The monthly assessments against the salary of a member of a 1925, 1937, 1953, or 1977 fund shall be waived while the member is on temporary leave of absence under section 3 of this chapter or on a leave of absence that qualifies for the protections afforded by the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301 et seq.).
(b) A member of a 1925, 1937, 1953, or 1977 fund does not lose the member's benefits from the fund because the member fails to pay assessments that are assessed against the member while on temporary leave or on a leave of absence that qualifies for the protections afforded by the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301 et seq.).
(c) Notwithstanding any provision of this chapter, a member of the 1925, 1937, 1953, or 1977 fund is entitled to service credit and benefits in the amount and to the extent required by the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301 et seq.).
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-4-7; subsection (b) formerly 19-1-4-8.]
As added by Acts 1981, P.L.309, SEC.54. Amended by P.L.5-1997, SEC.14; P.L.127-2017, SEC.240.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 5. Police and Fire Leaves of Absence › 36-8-5-8. Reinstatement After Termination of Military Service

Sec. 8. (a) A police officer or firefighter desiring to return to service in the police or fire department shall report to the person responsible for regulating and employing members of the department. This action must be taken within sixty (60) days after honorable discharge from military service or government war work.
(b) Within fifteen (15) days after the police officer or firefighter reports to the department, the police officer or firefighter shall be placed on duty at the rank held at the time of entering military service or government war work.
(c) If a member of the police or fire department is refused a proper assignment under subsection (b), the member of the police or fire department may file an action in the circuit court, superior court, or probate court of the county in the manner prescribed by IC 36-8-3-4.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-4-10; subsection (b) formerly 19-1-4-11; subsection (c) formerly 19-1-4-12.]
As added by Acts 1981, P.L.309, SEC.54. Amended by P.L.84-2016, SEC.181.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 5. Police and Fire Leaves of Absence › 36-8-5-9. Evidence of Member's Death

Sec. 9. Death notices from the department of defense or other satisfactory proof of death are bona fide evidence of a member's death. This evidence constitutes full authority for the local board of a fund to carry out the law regarding deceased police officers and firefighters and their beneficiaries.
[Pre-Local Government Recodification Citation: 19-1-4-2.]
As added by Acts 1981, P.L.309, SEC.54.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 5. Police and Fire Leaves of Absence › 36-8-5-10. Credit for Time Spent on Leave

Sec. 10. (a) Except as provided in subsection (b) or (c), a member on leave under either section 2 or section 3 of this chapter is entitled to be credited with time spent in full-time employment for all purposes, including retirement and pension benefits.
(b) A member of the 1925 fund, the 1937 fund, the 1953 fund, or the 1977 fund who is granted an unpaid leave of absence under the Family Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) shall be credited with time spent on leave for the purposes of benefit eligibility and vesting to the extent required by the Family Medical Leave Act. The member shall not receive credit for purposes of accruing additional benefits, except to the extent required by the Family Medical Leave Act.
(c) This subsection applies to a member of the 1925 fund, the 1937 fund, the 1953 fund, or the 1977 fund who is granted a leave of absence for service in an elected office under section 2 of this chapter. In order to receive service credit in the 1925 fund, the 1937 fund, the 1953 fund, or the 1977 fund for the period of the leave of absence, the member must pay to the applicable fund for or during the leave the assessment or contribution that the member would have paid during the period of the leave had the member not been on the leave during that time. The member's employer may pay all or a part of the assessment or contribution for the member.
[Pre-Local Government Recodification Citations: 19-1-4-1 part; 19-1-6.5-5 part.]
As added by Acts 1981, P.L.309, SEC.54. Amended by P.L.213-1995, SEC.5; P.L.130-2008, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 6. 1925 Police Pension Fund › 36-8-6-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The addition of section 20 of this chapter by P.L.223-1986 applies only to fund members who die after March 10, 1986.
(2) The amendments made to section 8 of this chapter by P.L.171-1990 apply to all benefits paid after March 15, 1990.
(3) The amendments made to section 9.8 of this chapter by P.L.28-2008 apply only to benefits payable with respect to a member of the 1925 police pension fund who dies after June 30, 2008.
As added by P.L.220-2011, SEC.668.