Sec. 6. (a) A merit commission consisting of five (5) commissioners shall be established for each department of a unit having a merit system. The commissioners 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.
(b) Each commissioner must have been a legal resident of the unit for three (3) consecutive years immediately preceding the commissioner's term and must be a person of good moral character. The 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. 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.
(c) 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.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.185-1988, 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