§ 34.30 VARIANCE FROM MERIT LAW.
   In accordance with IC 36-8-3.5-3(b), the Common Council hereby specifies that the rules and regulations adopted by the Commission may vary from those specified in the merit law in the following particulars:
   (A)   The length of time for the effectiveness of any eligibility or promotional list may be reduced from the maximum of two years or until it is decertified;
   (B)   The Commission may alter the order of hiring process events to fit the Department’s needs;
   (C)   The Commission may allocate a percentage (not greater than one-third) of new hires to be selected by the Chief from a certified eligibility list regardless of rank order based on the needs of the Department and other criteria established by the Commission;
   (D)   The Commission may extend the probationary period of any member of the Department by an additional six months at the request of the Chief;
   (E)   Performance ratings shall be performed no less frequently than on an annual basis;
   (F)   The Chief shall be empowered to make acting and temporary appointments to ranks and positions within the Department;
   (G)   (1)   The merit ranks of the Department shall include only the following:
         (a)   Captain;
         (b)   Lieutenant; and
         (c)   Firefighter.
      (2)   The rank of Battalion Chief shall be an upper level policymaking appointed (non-merit) position, subject to appointment by the executive of the city. The position of Assistant Chief and/or Executive Officer may be appointed at the pleasure of the Chief but shall not constitute a separate rank or grade within the Department;
   (H)   Before becoming eligible for promotion to Captain, a member of the Department shall have served at least two years at the rank of Lieutenant with the Department. Before becoming eligible for promotion to Lieutenant, a member of the Department shall have served at least five years at the rank of firefighter with the Department;
   (I)   Notwithstanding IC 36-8-3.5-11, any individual appointed by the executive of the city to serve as Chief of the Department is not required to be appointed from the members of the Department; however, in addition to the requirements of applicable law, the individual appointed Chief must have at least ten years’ service with a full-time paid fire department or agency.
(Ord. 10, 2008, passed 12-1-08)