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.
Structure Indiana Code
Chapter 3.5. Police and Fire Merit Systems
36-8-3.5-1. Application of Chapter; Retention of Existing Systems; Establishment of New System
36-8-3.5-3. Establishment; Separate Systems
36-8-3.5-4. Approval or Rejection of System by Members; Notice; Voting; Subsequent Proposals
36-8-3.5-5. Request to Establish System; Referendum; Legislative Action
36-8-3.5-6. Merit Commission; Establishment; Appointment of Members; Qualifications; Oath
36-8-3.5-7. Commissioners; Terms; Tenure
36-8-3.5-8. Elections; Meeting; Notice
36-8-3.5-10. Rules; Adoption; Notice and Hearing
36-8-3.5-11. Department Members; Tenure; Chief; Appointment and Qualifications
36-8-3.5-13. Promotions; Rules; Requisites; Eligibility List
36-8-3.5-14. Promotions; Competitive Examinations; Procedures
36-8-3.5-15. Performance Ratings; Rules; Appeal
36-8-3.5-16. Promotions; Certification of Eligible Members; Probation; Procedures
36-8-3.5-17. Disciplinary Actions; Grounds; Hearing; Notice; Requisites; Procedures; Appeal
36-8-3.5-18. Appeal to Court; Suspension or Dismissal; Precedence
36-8-3.5-19. Summary Disciplinary Actions; Reprimand or Suspension
36-8-3.5-19.3. Suspension or Termination of Ems Personnel; Right to Hearing and Appeal
36-8-3.5-21. Temporary Leave of Absence; Seniority; Reinstatement
36-8-3.5-22. Rules; Printing; Copies to Department Members; Effective Date