§ 36-8-3-3 — Organization of safety boards; appointment, numbers, and compensation of police officers, firefighters, and other officials; division of city into precincts and districts; authority of chiefs

(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. No ordinance or safety
board action to fix compensation under this subsection may provide for
any increase in the compensation of any member of the police
department or fire department, or any other appointee, from the prior
budget year if the city has not fixed a budget, tax rate, and tax levy for
the ensuing budget year in compliance with IC 6-1.1-17-5 and IC 36-4-7-11.
(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; P.L.156-2024, SEC.36.