Sec. 5. (a) A majority of the active members of the department, by referendum under section 4 of this chapter, may request the unit's legislative body to establish a merit system for the department. The legislative body shall vote on the request within sixty (60) days after it is filed with the clerk of the legislative body of a county or a municipality or the executive of a township.
(b) If the legislative body votes to grant the request, the legislative body shall adopt an ordinance or 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.
(c) If the legislative body votes to deny the request, the request may not be resubmitted to the legislative body 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.
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