§ 36-8-3.5-5 — Request to establish system; referendum

Indiana § 36-8-3.5-5

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

Text

(a) A majority of the active members of the
department, by referendum under section 4 of this chapter, may request
the:
(1) unit's legislative body; or
(2) governing board;
to establish a merit system for the department.
(b) The unit's legislative body or the governing board shall vote on
the request within sixty (60) days after the request is filed with the
following:
(1) In the case of a unit:
(A) the clerk of the legislative body of a county or a
municipality; or
(B) the executive of a township.
(2) In the case of a district or territory, the governing board.
(c) If the unit's legislative body votes to grant the request, the
legislative body shall adopt an ordinance or resolution establishing a
merit system under this chapter. If the governing board votes to grant
the request, the governing board shall adopt a resolution establishing
a merit system under this chapter. A copy of the ordinance or resolution
shall be distributed to each active member of the department, and
another referendum under section 4 of this chapter is required before
the merit system takes effect.
(d) If the unit's legislative body or a governing board votes to deny
the request, the request may not be resubmitted to the legislative body
or governing board for one (1) year. Before the request may be
resubmitted, another referendum under section 4 of this chapter must
be held.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.316, SEC.1. Amended by
P.L.180-2002, SEC.4; P.L.207-2023, SEC.12.