Indiana § 36-8-3-4.1 Certain towns and townships; reprimand or temporary suspension of
members without prior hearing; review by safety board

Indiana Statutes

§ 36-8-3-4.1 — Certain towns and townships; reprimand or temporary suspension of members without prior hearing; review by safety board

Indiana § 36-8-3-4.1

Title 36LOCAL GOVERNMENT

Art. 8PUBLIC SAFETY

Ch. 3Safety Boards; Disciplinary Procedures

This text of Indiana § 36-8-3-4.1 (Certain towns and townships; reprimand or temporary suspension of members without prior hearing; review by safety board) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-8-3-4.1 (2026).

Text

1.

(a)This section also applies to all:

(1)towns and townships that have full-time, paid police or fire departments;

(2)fire departments of fire protection districts established under IC 36-8-11 and fire protection territories established under IC 36-8-19 that have full-time fire departments; and

(3)conservancy districts that have a full-time, paid conservancy district marshal or deputy conservancy district marshal under IC 14-33-25. For purposes of this section, the appropriate appointing authority of a town, township, fire department of a fire protection territory or fire protection district, or conservancy district is considered the safety board of a town, township, fire department of a fire protection territory or fire protection district or conservancy district. In a town with a b

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1. (a) This section also applies to all:
(1) towns and townships that have full-time, paid police or fire
departments;
(2) fire departments of fire protection districts established under
IC 36-8-11 and fire protection territories established under IC 36-8-19 that have full-time fire departments; and
(3) conservancy districts that have a full-time, paid conservancy
district marshal or deputy conservancy district marshal under IC 14-33-25.
For purposes of this section, the appropriate appointing authority of a
town, township, fire department of a fire protection territory or fire
protection district, or conservancy district is considered the safety
board of a town, township, fire department of a fire protection territory
or fire protection district or conservancy district. In a town with a board
of metropolitan police commissioners, that board is considered the
safety board of the town.
(b) In addition to the disciplinary powers of the safety board, 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 section, eight (8) hours of paid time constitutes one
(1) working day. If a chief reprimands a member in writing or suspends
a member, the chief shall, within forty-eight (48) hours, notify the
board 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 board review the reprimand or
suspension and either uphold or reverse the chief's decision. At its
discretion, the board 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 4(c) of this chapter. If the decision is reversed, the member who
was suspended is entitled to any wages withheld as a result of the
suspension.
As added by Acts 1981, P.L.183, SEC.22. Amended by
P.L.265-1993, SEC.2; P.L.57-2023, SEC.2; P.L.122-2023,
SEC.22.