Sec. 3. (a) A majority of the members of the safety board constitutes a quorum. The board shall adopt rules concerning the time of holding regular and special meetings and of giving notice of them. The board shall elect one (1) of its members chair, who holds the position as long as prescribed by the rules of the board. The board shall record all of its proceedings.
(b) The members of the safety board may act only as a board. No member may bind the board or the city except by resolution entered in the records of the board authorizing the member to act in its behalf as its authorized agent.
(c) The safety board shall appoint:
(1) the members and other employees of the police department other than those in an upper level policymaking position;
(2) the members and other employees of the fire department other than those in an upper level policymaking position;
(3) a market master; and
(4) other officials that are necessary for public safety purposes.
(d) The annual compensation of all members of the police and fire departments and other appointees shall be fixed by ordinance of the legislative body not later than November 1 of each year for the ensuing budget year. The ordinance may grade the members of the departments and regulate their pay by rank as well as by length of service. If the legislative body fails to adopt an ordinance fixing the compensation of members of the police or fire department, the safety board may fix their compensation, subject to change by ordinance.
(e) The safety board, subject to ordinance, may also fix the number of members of the police and fire departments and the number of appointees for other purposes and may, subject to law, adopt rules for the appointment of members of the departments and for their government.
(f) The safety board shall divide the city into police precincts and fire districts.
(g) The police chief has exclusive control of the police department, and the fire chief has exclusive control of the fire department, subject to the rules and orders of the safety board. In time of emergency, the police chief and the fire chief are, for the time being, subordinate to the city executive and shall obey the city executive's orders and directions, notwithstanding any law or rule to the contrary.
[Pre-Local Government Recodification Citations: 18-1-11-2 part; 19-1-28-1 part.]
As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1981, P.L.315, SEC.1; Acts 1982, P.L.33, SEC.36; P.L.35-1999, SEC.7; P.L.125-2001, SEC.6; P.L.173-2003, SEC.31; P.L.169-2006, SEC.78; P.L.33-2010, SEC.2; P.L.118-2012, SEC.2; P.L.127-2017, SEC.223.
Structure Indiana Code
Chapter 3. Safety Boards; Disciplinary Procedures
36-8-3-1. Application of Chapter
36-8-3-2. Powers and Duties of Safety Boards
36-8-3-3.6. Fire Protection Agreements
36-8-3-4.3. Suspension or Termination of Ems Personnel; Right to Hearing and Appeal
36-8-3-5. Merit Boards and Commissions; Exemption From Statutory Procedure
36-8-3-6. Police Officers; Powers and Duties
36-8-3-7. Police Officers and Firefighters; Special Duty; School Security Police
36-8-3-8. Police Department; Civilian Personnel; Merit System
36-8-3-10. Police Departments, Chiefs, and Captains; Powers and Duties
36-8-3-12. Board Members, Police Officers, and Firefighters; Elective and Appointive Office
36-8-3-13. Adoption of Rules Regulating Performance Bonds
36-8-3-14. Police and Firefighters' Insurance Funds; Creation, Management, and Distribution
36-8-3-15. Police Officers and Firefighters; Exemption From Militia Service
36-8-3-16. Destruction of Burning Buildings; Recovery of Damages
36-8-3-18. Humane Officers; Appointment; Powers and Duties
36-8-3-20. Police Reserve Officers
36-8-3-21. Police or Fire Department Members; Membership in 1977 Fund Required
36-8-3-23. Police Reserve Officers; Payments for Loss of Income for Line of Duty Injury or Illness