Indiana § 36-8-3.5-18 Appeal to court; suspension or dismissal; precedence

Indiana Statutes

§ 36-8-3.5-18 — Appeal to court; suspension or dismissal; precedence

Indiana § 36-8-3.5-18

Title 36LOCAL GOVERNMENT

Art. 8PUBLIC SAFETY

Ch. 3.5Police and Fire Merit Systems

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Bluebook

Ind. Code § 36-8-3.5-18 (2026).

Text

(a)A member who is aggrieved by a decision of the commission to suspend the member for a period greater than ten (10) calendar days, demote the member, or dismiss the member may appeal to the circuit or superior court of the county as follows:

(1)The county in which the unit is located.

(2)The county in which the provider unit (as defined in IC 36-8-19-3) of the territory is located.

(3)If a district is located in:

(A)not more than one (1) county, the county in which the district is located; or

(B)at least two (2) counties, the primary county (as defined in IC 36-8-11-2).

(b)The appeal shall be made according to the Indiana rules of trial procedure with the following exceptions:

(1)The verified appeal must be filed within thirty (30) days after the date of the board's decision.

(2)

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(a) A member who is aggrieved by a
decision of the commission to suspend the member for a period greater
than ten (10) calendar days, demote the member, or dismiss the
member may appeal to the circuit or superior court of the county as
follows:
(1) The county in which the unit is located.
(2) The county in which the provider unit (as defined in IC 36-8-19-3) of the territory is located.
(3) If a district is located in:
(A) not more than one (1) county, the county in which the
district is located; or
(B) at least two (2) counties, the primary county (as defined in
IC 36-8-11-2).
(b) The appeal shall be made according to the Indiana rules of trial
procedure with the following exceptions:
(1) The verified appeal must be filed within thirty (30) days after
the date of the board's decision.
(2) The unit, district, or territory shall be named as the sole
defendant.
(3) The unit, district, or territory is assumed to have denied the
allegations without filing a responsive pleading.
(4) The plaintiff must file a bond at the time of filing the
complaint conditioned on the plaintiff prosecuting the appeal to
a final determination and paying the court costs incurred in the
appeal.
(5) Within thirty (30) days after the service of summons the
commission shall file in court a complete transcript of all papers,
entries, and other parts of the record relating to the case.
(c) The appeal takes precedence over other litigation pending before
the court.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.316, SEC.1. Amended by
P.L.127-2017, SEC.234; P.L.207-2023, SEC.22.