Indiana § 36-8-3.5-16 Promotions; certification of eligible members; probation; procedures

Indiana Statutes

§ 36-8-3.5-16 — Promotions; certification of eligible members; probation; procedures

Indiana § 36-8-3.5-16

Title 36LOCAL GOVERNMENT

Art. 8PUBLIC SAFETY

Ch. 3.5Police and Fire Merit Systems

This text of Indiana § 36-8-3.5-16 (Promotions; certification of eligible members; probation; procedures) 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 § 36-8-3.5-16 (2026).

Text

(a)When a vacancy in rank occurs, the commission shall certify to the chief of the department the three (3) members with the highest scores on the eligibility list for that particular rank. Within six (6) months the commission, upon the recommendation of the chief, shall promote one (1) of those members to fill the vacant position.

(b)All promotions are probationary for a period not to exceed one

(1)year. At the end of the period, a probationary member's superior shall review the member's performance and recommend to the commission that:

(1)the promotion be made permanent; or

(2)the promotion be revoked.

(c)The commission shall prepare a rating chart for the superior's use in making the report. The commission shall review the report and decide what action should be taken. The probati

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(a) When a vacancy in rank occurs, the
commission shall certify to the chief of the department the three (3)
members with the highest scores on the eligibility list for that particular
rank. Within six (6) months the commission, upon the recommendation
of the chief, shall promote one (1) of those members to fill the vacant
position.
(b) All promotions are probationary for a period not to exceed one
(1) year. At the end of the period, a probationary member's superior
shall review the member's performance and recommend to the
commission that:
(1) the promotion be made permanent; or
(2) the promotion be revoked.
(c) The commission shall prepare a rating chart for the superior's use
in making the report. The commission shall review the report and
decide what action should be taken. The probationary member is
entitled to appear before the commission and be heard on any matter
detrimental to the member in the report of the member's superior. The
member is also entitled to be represented by counsel or another
representative of the member's choice. If the promotion is finally
revoked the member may not be returned to a rank lower than that the
member held before the probationary promotion.
(d) Actions by the commission other than making the promotion
permanent may be appealed within thirty (30) days to the circuit or
superior court of the county, with the unit, district, or territory being
named as the sole defendant.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.316, SEC.1. Amended by
P.L.127-2017, SEC.233; P.L.207-2023, SEC.20.