(A) Police Department.
(1) (a) Except as provided in division (A)(12) below, a member of the Metropolitan Police Department holds office or grade until he or she is dismissed by the Board of Safety. Except as provided in division (A)(13) hereinafter, a member may be disciplined by demotion, dismissal, reprimand, forfeiture, or suspension upon either:
1. Conviction in any court of a crime; or
2. A finding and decision of the Board of Safety that the member has been or is guilty of:
a. Neglect of duty;
b. A violation of rules;
c. Neglect or disobedience of an order;
d. Incapacity;
e. Absence without leave;
f. Immoral conduct;
g. Conduct injurious to the public peace or welfare;
h. Conduct unbecoming of an officer; or
i. Another breach of discipline.
(b) The Board of Safety may not consider the political affiliation of the member in making a decision under this division (A). If a member is suspended or placed on administrative leave under this division, the member is entitled to the member's allowances for insurance benefits to which the member was entitled before being suspended or placed on administrative leave. In addition, the town may provide the member's allowances for any other fringe benefits to which the member was entitled before being suspended or placed on administrative leave.
(2) (a) Before a member of the Metropolitan Police Department may be suspended in excess of five days without pay, demoted, or dismissed, the Board of Safety shall offer the member an opportunity for a hearing. If a member seeks a hearing, a member must request the hearing not more than five days after receiving the notice of the suspension, demotion, or dismissal. Written notice shall be given either by service upon the member in person or by a copy left at the member's last and usual place of residence at least 14 days before the date set for hearing. The hearing conducted under this division shall be held not more than 30 days after the hearing is requested by the member unless a later date is mutually agreed upon by the parties. The notice must state:
1. The date, time and place of hearing;
2. The charges against the member;
3. The specific conduct that comprises the charges;
4. That the member is entitled to be represented by counsel;
5. That the member is entitled to call and cross-examine witnesses;
6. That the member is entitled to require the production of evidence; and
7. That the member is entitled to have subpoenas issued, served, and executed in the county.
(b) A disciplinary hearing concerning a member of the Metropolitan Police Department shall be conducted in the manner prescribed by the rules adopted by the Board of Safety, which rules shall provide for an appropriate appeal procedure.
(3) Upon an investigation into the conduct of a member of the Metropolitan Police Department, or upon the trial of a charge preferred against a member of the Metropolitan Police Department, the Board of Safety may compel the attendance of witnesses, examine them under oath, and require the production of books, papers, and other evidence at a meeting of the Board. For this purpose, the Board of Safety may issue subpoenas and have them served and executed in any part of the county. If a witness refuses to testify or to produce books or papers in his or her possession or under his or her control, the provisions of IC 36-4-6-21, as amended from time to time, control, to the extent applicable. The proper court may compel compliance with an order by attachment, commitment, or other punishment.
(4) The reasons for the suspension, demotion, or dismissal of a member of the Metropolitan Police Department shall be entered as specific findings of fact upon the records of the Board of Safety. A member who is suspended for a period exceeding five days, demoted, or dismissed may appeal the decision to the Circuit or Superior Courts of the county. However, a member may not appeal any other decision.
(5) An appeal under this division (A) must be taken by filing in Court, within 30 days after the date the decision is rendered, a verified complaint stating in concise manner the general nature of the charges against the member, the decision of the Board of Safety, and a demand for the relief asserted by the member. A bond must also be filed that guarantees the appeal will be prosecuted to a final determination and that the plaintiff will pay all costs adjudged against the plaintiff. The bond must be approved as bonds for costs are approved in other cases. The town must be named as the sole defendant, and the plaintiff shall have a summons issued as in other cases against the town. Neither the Board of Safety, nor the Commissioners of it, may be made parties defendant to the complaint, but all are obligated by service upon the town and any judgment rendered by the Court.
(6) In an appeal under division (A)(5), no pleading is required by the town to the complaint, but the allegations are considered denied. The town may file a motion to dismiss the appeal for failure to perfect it within the time and in the manner required by this division (A). If more than one person was included in the same charges and in the same decision of dismissal by the Board of Safety, then one or more of the persons may join as plaintiffs in the same complaint, but only the persons that appeal from the decision are affected by it. The decision of the Board of Safety is final and conclusive upon all persons not appealing. The decision appealed from is not stayed or affected pending the final determination of the appeal but remains in effect unless modified or reversed by the final judgment of the Court.
(7) A decision of the Board of Safety is considered prima facie correct, and the burden of proof is on the party appealing. All appeals shall be tried by the Court. The appeal shall be heard de novo only upon any new issues related to the charges upon which the decision of the Board of Safety was made. The charges are considered to be denied by the accused person. Within ten days after service of summons, the Board of Safety shall file in court a complete transcript of all papers, entries and other parts of the record relating to the case. Inspection of these documents by the person affected, or by the person's agent, must be permitted by the Board of Safety before the appeal is filed, if requested. Each party may produce evidence relevant to the issues that it desires, and the Court shall review the record and decision of the Board of Safety upon appeal.
(8) The Court shall make specific findings and state the conclusions of law upon which its decision is made. If the Court finds that the decision of the Board of Safety appealed from should in all things be affirmed, its judgment should state that, and judgment for costs shall be rendered against the party appealing. If the Court finds that the decision of the Board of Safety appealed from should not be affirmed in all things, then the Court shall make a general finding, setting out sufficient facts to show the nature of the proceeding and the Court's decision on it. The Court shall either:
(a) Reverse the decision of the Board of Safety; or
(b) Order the decision of the Board of Safety to be modified.
(9) The final judgment of the Court may be appealed by either party. Upon the final disposition of the appeal by the courts, the Clerk of the Court shall certify and file a copy of the final judgment of the Court to the Board of Safety, which shall conform its decisions and records to the order and judgement of the Court. If the decision is reversed or modified, then the Board of Safety shall pay to the party entitled to it any salary or wages withheld from the party pending the appeal and to which the party is entitled under the judgment of the Court.
(10) Either party shall be allowed a change of venue from the Court or a change of Judge in the same manner as such changes are allowed in civil cases. The Indiana Rules of Trial Procedure govern in all matters of procedure upon the appeal that are not otherwise provided for by this division (A).
(11) An appeal takes precedence over other pending litigation and shall be tried and determined by the Court as soon as practical.
(12) Except as modified in IC 36-5-2-13, the Town Executive may reduce in grade any member of the Metropolitan Police Department who holds an upper level policy making position. The reduction in grade may be made without adhering to the requirements of divisions (A)(1) through (11) above. However, a member may not be reduced in grade to a rank below that which the member held before the member's appointment to the upper level policy making position.
(13) If the member is subject to criminal charges, the Board of Safety may place the member on administrative leave until the disposition of the criminal charges in the Trial Court. Any other action by the Board of Safety is stayed until the disposition of the criminal charges in the Trial Court. An administrative leave under this division may be with or without pay, as determined by the Board of Safety. If the member is placed on leave without pay, the Board of Safety, in its discretion, may award back pay if the member is exonerated in the criminal matter.
(B) Fire Department.
(1) Except as provided in division (A)(12) above, a member of the Municipal Fire Department holds office or grade until he or she is dismissed or demoted by the Board of Safety. A member may be disciplined by demotion, dismissal, reprimand, forfeiture, or suspension for causes set forth in rules adopted by the Board of Safety, which rules are served upon the members of the Municipal Fire Department. Until such rules are made and served, the causes and procedures shall be the same as those provided for members of the Metropolitan Police Department.
(2) (a) Before a member of the Metropolitan Fire Department is suspended in excess of five days without pay, demoted, or dismissed, the Board of Safety shall offer the member an opportunity for a hearing. For purposes of this division (B) and these disciplinary provisions, the Board of Safety is the Town Council, as town legislative body, which is the appropriate appointing authority of the town. If a member seeks a hearing, the member must request the hearing not more than five days after the notice of the suspension, demotion, or dismissal. Written notice shall be given either by service upon the member in person or by a copy left at the member's last and usual place of residence at least 14 days before the date set for the hearing. The hearing conducted under this division (B) shall be held not more than 30 days after the hearing is requested by the member unless a later date is mutually agreed upon by the parties. The notice must state:
1. The date, time, and place of the hearing;
2. The charges against the member;
3. The specific conduct that comprises the charges;
4. That the member is entitled to be represented by counsel;
5. That the member is entitled to call and cross-examine witnesses;
6. That the member is entitled to require the production of evidence; and
7. That the member is entitled to have subpoenas issued, served, and executed in the county.
(b) In a disciplinary hearing concerning a member of the Municipal Fire Department, such hearing shall be conducted in the manner prescribed by the rules adopted by the Board of Safety, which rules shall provide for an appropriate appeal procedure.
(C) In addition to the disciplinary powers of the Board of Safety, the Chief of the Metropolitan Police Department or the Chief of the Municipal Fire Department, may, without a hearing, reprimand or suspend without pay a member, for a maximum of five working days. For the purposes of this division (C), eight hours of paid time constitutes one working day. If a chief reprimands a member in writing or suspends a member, the Chief shall, within 48 hours notify the Board of Safety in writing of the action and the reasons for the action. A member who is reprimanded in writing or suspended under this division (C) may, within 48 hours after receiving notice of the reprimand or suspension, request in writing that the Board of Safety review the reprimand or suspension and either uphold or reverse the Chief’s decision. At its discretion, the Board of Safety may hold a hearing during this review. If the Board of Safety holds a hearing, written notice must be given either by service upon the member in person or by a copy left at the member's last and usual place of residence at least 14 days before the date set for the hearing. The notice must contain the information listed under division (B) of this section. If the decision is reversed, the member who was suspended is entitled to any wages withheld as a result of the suspension.
(Ord. 1353, passed 6-16-20)