§ 36-8-3.5-17 — Disciplinary actions; grounds; hearing; notice; requisites; procedures; appeal

Indiana § 36-8-3.5-17

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 3.5: Police and Fire Merit Systems

Text

(a) The commission may take the following
disciplinary actions against a regular member of the department:
(1) Suspension with or without pay.
(2) Demotion.
(3) Dismissal.
If a member is suspended under this subsection, the member is entitled
to the member's remuneration and allowances for insurance benefits to
which the member was entitled before the suspension. In addition, the
unit, territory, or district may provide the member's allowances for any
other fringe benefits to which the member was entitled before the
suspension. The commission shall determine if a member of the
department who is suspended in excess of five (5) days shall continue
to receive the member's salary during suspension.
(b) A member may be disciplined by the commission if:
(1) the member is convicted of a crime; or
(2) the commission finds the member guilty of a breach of
discipline, including:
(A) neglect of duty;
(B) violation of commission rules;
(C) neglect or disobedience of orders;
(D) continuing incapacity;
(E) absence without leave;
(F) immoral conduct;
(G) conduct injurious to the public peace or welfare;
(H) conduct unbecoming a member; or
(I) furnishing information to an applicant for appointment or
promotion that gives that person an advantage over another
applicant.
(c) If the chief of the department, after an investigation within the
department, prefers charges against a member of the department for an
alleged breach of discipline under subsection (b), including any civilian
complaint of an alleged breach of discipline under subsection (b)(2)(F),
(b)(2)(G), or (b)(2)(H), a hearing shall be conducted upon the request
of the member. If a hearing is requested within five (5) days of the
chief preferring charges, the parties may by agreement designate a
hearing officer who is qualified by education, training, or experience.
If the parties do not agree within this five (5) day period, the
commission may hold the hearing or designate a person or board to
conduct the hearing, as provided in the commission's rules. The
designated person or board must be qualified by education, training, or
experience to conduct such a hearing and may not hold an upper level
policy making position. The hearing conducted under this subsection
shall be held within thirty (30) days after it is requested by the member.
(d) Written notice of the hearing shall be served upon the accused
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 state:
(1) the time and place of the hearing;
(2) the charges against the member;
(3) the specific conduct that comprises the charges;
(4) that the member is entitled to be represented by counsel or
another representative of the member's choice;
(5) that the member is entitled to call and cross-examine
witnesses;
(6) that the member is entitled to require the production of
evidence; and
(7) that the member is entitled to have subpoenas issued, served,
and executed.
(e) The commission may:
(1) compel the attendance of witnesses by issuing subpoenas;
(2) examine witnesses under oath; and
(3) order the production of books, papers, and other evidence by
issuing subpoenas.
(f) If a witness refuses to appear at a hearing of the commission after
having received written notice requiring the witness's attendance, or
refuses to produce evidence that the commission requests by written
notice, the commission may file an affidavit in the circuit court,
superior court, or probate court of the county setting forth the facts of
the refusal. Upon the filing of the affidavit, a summons shall be issued
from the circuit court, superior court, or probate court and served by
the sheriff of the county requiring the appearance of the witness or the
production of information or evidence to the commission.
(g) Disobedience of a summons constitutes contempt of the circuit
court, superior court, or probate court from which the summons has
been issued. Expenses related to the filing of an affidavit and the
issuance and service of a summons shall be charged to the witness
against whom the summons has been issued, unless the circuit court,
superior court, or probate court finds that the action of the witness was
taken in good faith and with reasonable cause. In that case, and in any
case in which an affidavit has been filed without the issuance of a
summons, the expenses shall be charged to the commission.
(h) A decision to discipline a member may be made only if the
preponderance of the evidence presented at the hearing indicates such
a course of action.
(i) A member who is aggrieved by the decision of a person or board
designated to conduct a disciplinary hearing under subsection (c) may
appeal to the commission within ten (10) days of the decision. The
commission shall on appeal review the record and either affirm,
modify, or reverse the decision on the basis of the record and such oral
or written testimony that the commission determines, including
additional or newly discovered evidence.
(j) The commission, or the designated person or board, shall keep
a record of the proceedings in cases of suspension, demotion, or
dismissal. The commission shall give a free copy of the transcript to the
member upon request if an appeal is filed.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.316, SEC.1. Amended by
P.L.58-1989, SEC.4; P.L.265-1993, SEC.3; P.L.84-2016, SEC.180;
P.L.207-2023, SEC.21.