(A) There is established a merit system in accordance with the provisions of I.C. 36-8-3.5 and as set forth in this section.
(B) In addition to those requirements and qualifications set forth in I.C. 36-8-3.5-6(a), all Merit Board Commissioners must meet the following qualifications:
(1) Commissioners must have been a legal resident of the city for three consecutive years immediately preceding the Commissioner’s term;
(2) Commissioners must be a person of good moral character, meaning that the proposed Commissioner is a person of such character that he or she could pass the same background investigation as required of a police officer candidate. A person of good moral character shall not include any person previously convicted of a felony, in this or any other jurisdiction, unless such conviction has been expunged;
(3) Commissioners must be at least 21 years of age;
(4) Commissioners may not be active members of a police department or agency and not more than two of the Commissioners may be past members of a police department or agency;
(5) Commissioners shall not include the following:
(a) Persons that receive any remuneration as salary from the unit;
(b) Persons who have previously served on the Police Department, including those individuals serving as Chief of Police or acting as reserve officers;
(c) Persons who are the spouse, parent, sibling or child of an active member of the Police Department, including the Chief of Police and reserve officers;
(d) Persons who are the spouse, parent, sibling or child of the active Mayor of the city or any active City Council member of the Board of Public Works and Safety.
(C) The Board of Public Works and Safety will verify that the statutory requirements and requirements stated in this section are met after the appointment and/or election of a Commissioner. If the requirements of a Commissioner are not met, the Board of Public Works and Safety will inform the appointing body of the qualification deficiency and instruct them to make another appointment.
(D) (1) Upon passage of this section, the Council directs the Board of Public Works and Safety of the city to arrange for a meeting of the Police Department, which meeting shall comply with all terms and conditions as the same are delineated in I.C. 36-8-3.5-4.
(2) Within 60 days of the date of the passage of this section, the Board of Works shall give at least ten days notice to all active members of the Police Department, which includes the Chief of Police, that a meeting has been scheduled to either approve or reject the Merit System. These notices shall be posted in prominent places within the Department, and the notices shall designate the time, place, and purpose of the meeting.
(3) Only active members of the Police Department may attend the meeting. Once the meeting has convened, one member of the Police Department shall be designated as Chairman. All voting must be by secret, written ballot.
(4) If a majority of the active members of the Police Department vote to approve the merit system, then the same shall be established pursuant to I.C. 36-8-3.5-6 et. seq. to take effect no later than September 1, 2013.
(E) The provisions of I.C. 36-8-3-3, 36-8-3-4 and 36-8-3-4.1 are incorporated in this section.
(Ord. 5-2013-1, passed 5-29-2013)