§ 36-8-10-11.1 — Reinstatement following layoffs

Indiana § 36-8-10-11.1

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 10: Sheriff's Department; Merit Board; Pensions

Text

1. (a) As used in this section, "appointing
authority" means the sheriff and the board.
(b) If it is necessary for the appointing authority to reduce the
number of members of the department by layoff for financial reasons,
the last member appointed to the department must be the first to be laid
off. Additional members must be laid off in reverse hiring order until
the desired level of employment is achieved.
(c) If department membership is increased, the members of the
department who have been laid off under this section must be
reinstated before any new member is appointed to the department. The
last member to be laid off from the department must be the first to be
reinstated. Additional members must be reinstated in reverse of the
order in which the members were laid off.
(d) A member who is laid off shall keep the appointing authority
advised of the member's current address. The appointing authority shall
inform a member of the member's reinstatement by written notice sent
by certified mail to the member's last known address.
(e) Not later than twenty (20) calendar days after the date notice of
reinstatement is sent under subsection (d), the member must advise the
appointing authority whether the member:
(1) accepts reinstatement; and
(2) will be able to commence employment on the date specified
in the notice.
(f) All reinstatement rights granted to a member under this section
terminate on the earlier of:
(1) the date the member fails to accept reinstatement within the
time specified in subsection (e); or
(2) five (5) years after the date on which a member's layoff
begins.

Legislative History

As added by P.L.270-1999, SEC.2. Amended by P.L.56-2010, SEC.2.