(A) (1) A merit Commission consisting of five Commissioners shall be established for the Cicero Fire Department.
(2) The Commissioners are:
(a) Two persons, who must be of different political parties, appointed by the Town Council President;
(b) One person appointed by the town's legislative body; and
(c) Two persons, who must be of different political parties, elected by the active members of the Department;
(3) In accordance with I.C. 36-1-8-10, political affiliation shall be determined through the voters’ registration records of the most recent primary election in Indiana held by the party with which the appointee claims affiliation or, if the appointee did not vote in the most recent primary election in Indiana held by the party with which the appointee claims affiliation, be certified as a member of that party by the party’s county chair for the county in which the appointee resides. If a certification by a county chair of a political party is required, the certification must be filed with the office of the Circuit Court Clerk not later than the time the appointee’s oath of office is filed with the Clerk. If the county chair’s certification is not filed with the Circuit Court Clerk’s office as required, the appointment is void.
(B) Each Commissioner must be a legal resident of the Town of Cicero for three consecutive years immediately preceding the Commissioner's term and must be a person of good moral character. A Commissioner must be at least 21 years of age. A Commissioner may not be an active member of a Police or Fire Department or agency and not more than two members of the commissioners may be past members of a Police or Fire Department or agency. In addition, a person may not serve on the Commission if the person receives any remuneration as salary from the Town of Cicero. A person must have their primary residence within the Town of Cicero.
(C) Each commissioner shall take an oath of office to conscientiously discharge the Commissioner's duties. A signed copy of the oath shall be filed with the Clerk-Treasurer.
(D) The term of a Commissioner is four years. However, one of the elective's initial selections and one of the Department's initial selections are for terms of two years.
(E) A vacancy on the Commission shall be filled within 30 days by the appointing or electing authority. The selection is for the remainder of the unexpired term.
(F) A Commissioner serves at the pleasure of the appointing or electing authority and may be removed at anytime. In the case of a Commissioner elected by the Department, if a recall petition signed by a majority of the active members is submitted to the Board, the Town Council shall call a meeting of the active members of the Department. The meeting shall be conducted per I.C. 36-8-3.5-4.
(G) An election to be made by the active members of the Department shall be made at a meeting called specifically for that purpose by the Town Council. The Council shall give at least three weeks notice of the meeting to all active members of the Department by posting the notice in prominent locations in stations of the Department. The notice shall also be read during shift roll calls. The notice must designate the time, place, and purpose of the meeting;
Only active members of the Department may attend the meetings and at the meetings one of them shall be selected as chairman. All voting must be by secret written ballot. The other procedures for holding the meeting may be determined by the Council and shall be posted in accordance with division (G).
(H) Within 30 days after the Commission is selected the Commission shall adopt rules to govern the Commission, including the time and place of regular monthly meetings and special meetings that are necessary to transact the business of the Commission. A majority of the Commissioners constitutes a quorum, and a majority vote of all the Commissioners is necessary to transact the business of the Commission. Each year the Commission shall select from among their number a president, vice president, and secretary. The Commission shall keep a permanent record of its proceedings.
(I) The Commission shall submit a proposed annual budget to the Town Council as other budgets of the Town are submitted. The legislative body shall include in its budget an amount sufficient for the necessary expenses of the Commission.
(J) Within 90 days after the Commission is selected, the Commission shall adopt rules governing:
(1) The selection and appointment of persons to be employed as members of the Department, subject to applicable pension statutes;
(2) Promotions and demotions of members of the Department; and
(3) Disciplinary action or dismissal of members of the Department.
(K) Before the rules required by this section are adopted by the Commission, the Commission must hold a public hearing to consider the adoption of the proposed rules. At least ten days before the public hearing, the Commission must have a notice of the hearing published in accordance with I.C. 5-3-1. The notice must state the time and place of the hearing and give briefly the subject matter of the proposed rules.
(1) At least ten days before the hearing, one copy of the proposed rules must be placed on file in the office of the Clerk of the Town for inspection by residents of the Town.
(2) At least ten days before the hearing, three copies of the proposed rules must be forwarded to the Chief of the Department and retained on file in his office for inspection at all times by members of the Department.
(3) At the hearing any interested person of the town and any member of the Department must be afforded an opportunity to present both oral and written evidence on any matter relating to the adoption of the proposed rules. The Commission shall give due consideration to this evidence in making its final decision concerning the adoption of the proposed rules.
(L) The Commission may appoint and remove members of the Department, except for a member in an upper level policy making position. The executive of the Town shall appoint and may remove a member in an upper level policy making position.
(1) The Chief of the Department shall be selected from the members of the Department and must have at least five years service in the Department before the appointment. These requirements may be waived by a majority vote of the Town of Cicero's legislative body upon request of the Town Council President. However, the Chief must still have at least five years service in a full- time, paid Fire Department or agency.
(2) The removal of a member from an upper level policy making position is removal from rank only and not from the Department. When the member is removed, he shall be appointed by the Commission to the rank in the Department that he held at the time of his upper level appointment or to any rank to which he had been promoted during his tenure in the upper level position. If such rank is not open in either case, the member is entitled to the pay of that rank and shall be promoted to that rank as soon as an opening is available.
(Ord. 11-21-95, passed 12-5-95; Am. Ord. 10-04-2005-3, passed 10-4-05)