(A) The Town Council has disciplinary authority as to the Marshal and review authority as to certain disciplinary actions against Deputy Marshals.
(B) Complaints against a Department member made at Council meetings will not be acted upon or discussed at a Council meeting until reduced to writing and a preliminary investigation has been conducted to determine if there is cause to file formal charges.
(C) When a charge is filed against the Marshal or when a Deputy appeals the decision of the Marshal concerning the Deputy's discipline, the Council will hold a hearing to determine the validity to the charge(s). In the case of an appeal of a Deputy's discipline, the Town Council may uphold, modify or reverse the Marshal's decision.
(D) The hearing shall be held in conformity with the provisions of I.C. 36-8-3 (using the procedure which would be employed by a safety board for disciplining a city police officer in a Police Department system).
(E) These procedures shall include, among others, the preparation and service to all parties of:
(1) Written notice of the time and place of the hearing.
(2) Written notice of the charge and the conduct that comprises the charge.
(3) A written listing of rights, including the right to be represented by counsel, to cross-examine witnesses and to have subpoenas issued for the production of evidence.
(F) The hearing shall be open to the public. The following are the causes for disciplinary action:
(1) Conviction of crime.
(2) Violation of a written rule.
(3) Disobeying a lawful order of a superior.
(4) Absent from duty without leave.
(5) Neglect of duty which is more than trivial.
(6) Conduct which is injurious to the public welfare.
(G) The standard of proof for finding a violation shall be clear and convincing evidence.
(H) The Council President shall preside at any disciplinary hearing to review disciplinary action against a Deputy. The President may receive evidence, swear witnesses and issue subpoenas at the request of the parties. The President may cast a tie-breaking vote in any controversy and as to the final decision of the Council.
(I) When the President files a complaint against the Marshal, he or she shall not preside at the hearing nor sit upon the Hearing Board. Any other member of the Council may be appointed to act as presiding officer in such a case. However, if any other Council member was a party to a complaint, that Council member shall not sit on the Hearing Board nor preside over the Board.
(J) In the event that the President is disqualified from voting and an equal number of Council members vote for or against an issue, the Clerk-Treasurer shall cast the tie-breaking vote.
(K) The Town Clerk-Treasurer shall prepare a tape recorded record of the hearing. A video record is also permitted as is recording by the public.
(L) If more than one Council member is disqualified from voting so that a quorum is not possible, the remaining majority of Council members shall impose or uphold a sanction or dismiss the charges. If a sanction is imposed or upheld, the entire case shall then be immediately certified for review, de nova, to the Superior or Circuit Court.
(M) The Town Council President and the Town Attorney shall prosecute all cases against the Marshal. The Marshal and the Town Attorney shall prosecute all cases against a deputy.
(N) In matters of procedure and evidence, neither the strict rules of civil procedure nor the common law rules of evidence shall apply. Hearsay evidence may be admitted so long as it is relevant and reliable.
(O) Contempt of the Hearing Board shall constitute only repeated failure to comply with the orders of the presiding officer concerning only the conduct of the hearing. Each incident of contempt may be punished by a fine of not more than $100.
(P) The hearing shall progress in the following stages:
(1) Preliminary motions on evidence and procedure.
(2) Opening remarks by the prosecution.
(3) Opening remarks by the defense.
(4) Prosecution's case in chief with cross-examination and recross.
(5) Defense's case in chief with cross-examination and recross.
(6) Defense's closing arguments.
(7) Prosecution's closing arguments.
(8) Recess and submission of proposed findings of fact and conclusions of law by each side.
(9) Reconvening of Council and dispositional vote.
(10) Preparation of specific facts upon which findings were based.
(Q) In all other matters not covered by this procedure or I.C. 36-8-3, the Indiana Administration Adjudication Act, I.C. 4-22-1 shall govern.
(Ord. 04-21-98, passed 5-19-98)