§ 36-8-3.5-5.5 — Establishment of system for eligible departments; resolution to reject system; dissolution

Indiana § 36-8-3.5-5.5

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

Text

5. (a) This section applies to the following:
(1) A unit that:
(A) has an eligible police department or fire department; and
(B) does not have a merit system established under:
(i) this chapter;
(ii) IC 36-1-4-14; or
(iii) a prior statute and retained by ordinance as provided in
section 1(c) of this chapter;
for an eligible police department, fire department, or both.
(2) A district or a territory that is an eligible fire department.
(b) For purposes of this section, a police department is eligible if the
police department:
(1) has at least twelve (12) active full-time, paid members; and
(2) provides service to a geographic area that has a resident
population of at least twenty thousand (20,000), excluding the
resident population of any geographic area that the department
provides service to under a mutual aid agreement.
(c) For purposes of this section, a fire department is eligible if the
fire department:
(1) has at least twelve (12) active full-time, paid members; and
(2) provides service to a geographic area that has a resident
population of at least twenty thousand (20,000):
(A) excluding the resident population of any geographic area
that the department provides service to under a mutual aid
agreement; and
(B) including the resident population of any geographic area
within a district or territory.
(d) Effective January 1, 2025, a merit system is established for each
eligible department that does not have a merit system unless, not later
than December 31, 2024, the unit, territory, or district:
(1) establishes a merit system:
(A) under section 3 of this chapter, in the case of a unit; or
(B) section 1.1 of this chapter, in the case of a district or
territory; or
(2) adopts a resolution rejecting establishment of a merit system
in accordance with subsection (e).
(e) For each eligible department that does not have a merit system,
the unit's legislative body or the governing board of the district or
territory may adopt a resolution not later than December 31, 2024, that
rejects the establishment of a merit system. The resolution rejecting
establishment of a merit system must be adopted by an affirmative vote
of at least a majority of the members of each of the following:
(1) In the case of a:
(A) unit, the unit's legislative body; or
(B) district or territory, the governing board.
(2) The active full-time, paid members of the department.
The legislative body or governing board shall vote on the resolution
first. If the legislative body or governing body votes "yes" on the
resolution (thereby rejecting a merit system), the resolution shall be
voted on by the active full-time, paid members of the department in
accordance with the procedure set forth in section 4 of this chapter. If
a majority of the active full-time, paid members of the department vote
"yes" on the resolution (thereby rejecting a merit system), a merit
system is not established for the department on January 1, 2025.
(f) If a unit, district, or territory does not reject the establishment of
a merit system under subsection (e), a merit system is established on
January 1, 2025, without complying with section 3 of this chapter (in
the case of a unit), section 1.1 of this chapter (in the case of a district
or territory), or any other law. The following apply to the merit system:
(1) The merit system shall be considered to be established by the
ordinance or resolution, whichever is appropriate, that adopts all
of the provisions applicable to the establishing unit, district, or
territory.
(2) Not later than March 1, 2025, a merit commission shall be
appointed that establishes or administers policies based on merit
for the appointment, promotion, demotion, and dismissal of
members of the department as set forth in this chapter.
(g) Except as provided in subsection (i), after January 1, 2025, a
merit system established under this section may be amended or
dissolved as follows:
(1) The merit system may be amended by the:
(A) unit's legislative body adopting an ordinance or resolution
as provided in section 3 of this chapter; or
(B) governing body adopting a resolution under section 1.1 of
this chapter;
that has the effect of amending or deleting provisions of the merit
system that are left to the discretion of the unit, district, or
territory under this chapter.
(2) A merit system may be dissolved by following the procedure
for establishing or rejecting a merit system under section 4 or 5 of
this chapter. The dissolution takes effect on January 1 following
the vote of at least a majority of the:
(A) active full-time paid members of the department to approve
the ordinance or resolution dissolving the merit system under
section 4 of this chapter; or
(B) members of the unit's legislative body or governing board
to adopt the ordinance or resolution to dissolve the merit system
under section 5 of this chapter, whichever is appropriate.
(h) A unit, district, or territory that rejects the establishment of a
merit system under subsection (e) may adopt or attempt to adopt an
ordinance or resolution that establishes a merit system for the
department:
(1) under this chapter or IC 36-1-4-14, in the case of a unit; or
(2) under this chapter, in the case of a district or territory;
after December 31, 2024, and at least one (1) year after the date of the
vote rejecting the merit system under subsection (e).
(i) After January 1, 2029, and before January 31, 2029, a unit,
district, or territory that establishes a merit system under this section
shall vote to either retain or dissolve the merit system. If at least a
majority of the:
(1) members of the legislative body or governing board; or
(2) active full-time paid members of the department;
vote to dissolve the merit system, the merit system is dissolved.

Legislative History

As added by P.L.207-2023, SEC.13.