(A) Town Marshal abolished. The Office of Town Marshal in the town shall be abolished effective August 1, 2001. The foregoing effective date may be altered to an earlier or later date by resolution of the Town Council.
(B) Metropolitan Board established.
(1) Pursuant to the provisions of I.C. 36-8-9-2, there has been and hereby is established a Board of Metropolitan Police Commissioners (the “Board”) in and for the town to consist of five members to be appointed by the Town Council. The first Board of Metropolitan Police Commissioners (the “Commissioners”) shall begin its duties immediately upon their appointment. The Commissioners appointed shall be of good moral character, legal residents of the town and not more than three shall be of the same political party, if individuals who satisfy this requirement can be found to serve on the Board. Except as hereafter provided, the term of each Commissioner expires January 1 of the third year after the Commissioner’s appointment.
(2) The Board initially consisted of three Commissioners, who were appointed as follows: one to serve for a term expiring on January 1 of the year after the Commissioner’s appointment, one to serve for a term expiring on January 1 of the second year after the Commissioner’s appointment and one to serve for a term expiring on January 1 of the third years after the Commissioner’s appointment. Thereafter in January of each year, one member was to be appointed to serve for a term of three years.
(3) The two additional Commissioners to be appointed pursuant to this section shall be appointed for terms as follows: one to serve for a term expiring on January 1 of the year after the Commissioner’s appointment, and one to serve for a term expiring on January 1 of the second year after the Commissioner’s appointment. The terms of the additional Commissioners shall begin immediately upon their appointment. As the term of each additional Commissioner appointed pursuant to this section expires, his or her replacement shall be appointed to serve for a term of three years.
(4) Members of the Town Council may be appointed as Commissioners; provided however, that no more than one member of the Town Council may serve on the Board at any time, and provided further that the Town Council may not appoint a police officer employed by the town to serve on the Board. If a member of the Town Council is appointed to the Board, that Council member vacates his or her position as a Commissioner on the Board when that Commissioner is no longer a member of the Town Council.
(5) A Commissioner who is also a member of the Town Council shall not be required to give bond as otherwise required by division (E) below and by I.C. 36-8-9-3.1(f). A Commissioner who is also a member of the Town Council may not receive the compensation as a Commissioner otherwise provided by town ordinance or resolution and by I.C. 36-8-9-3.1(g).
(C) Removal of Commissioners. Each of the Commissioners shall be subject to removal by the Town Council for any cause which the Town Council considers sufficient.
(D) Oath of office. Before entering upon their duties, the Commissioners shall each take and subscribe an oath or affirmation of office by the Clerk of the Circuit Court of the county, that, in each and every appointment or removal to be made by them to or from the police force created and organized under the provisions of I.C. 36-8-9-1 et seq., they shall in no case and under no pretext appoint or remove any police officer or other person because of any political affiliation of the person, or for any cause or reason other than that of the fitness or unfitness of the person or other legally valid reason.
(E) Bond. The Commissioners shall each give bond in the penal sum of $5,000 payable to the state, conditioned upon the faithful and honest discharge of their duties, which bond shall be approved by the Town Council. The salary of the Commissioners shall be fixed by the Town Council, and shall be payable monthly out of the Treasury of the town.
(F) Rights and powers. The Commissioners shall serve as the appointing authority for the Police Department, and shall have and possess all of the rights, power and authority granted by I.C. 36-8-9-1 et seq., as the same is now in effect or as hereafter amended, and shall at all times act as the Safety Board of the town pursuant to I.C. 36-8-3-4 for the purposes of the suspension, demotion or dismissal of any member of the Police Department. Notwithstanding the foregoing, in the event the Board seeks to appoint or reappoint to the Police Department an individual who was previously employed by or is retired from the town’s marshal system or the Police Department of the town, the appointment or reappointment shall be subject to the final approval of the Town Council.
(G) Procedures. Rules of Procedure for the Board will hereafter be adopted by the Town Council to effectuate the purpose of the Board as set forth herein.
(Ord. 2001-5, passed 6-12-2001; Ord. 2008-12, passed 12-30-2008)