(A) Establishment of merit system. Pursuant to I.C. 36-8-3.5 et seq., a merit system is hereby established for the town Police Department ("Department"). The merit system will be administered by a commission to be known as the Town of Danville Police Department Merit Commission ("Commission"), pursuant to requirements set forth in I.C. 36-8-3.5 et seq. and this section. Unless otherwise stated herein, the provisions of I.C. 36-8-3.5 et seq. govern the merit system and the Commission.
(B) Commissioner requirements.
(1) The Commission shall consist of five Commissioners, including two persons who must be of different political parties, appointed by the President of the Town Council, one person appointed by the Town Council, and two persons, who must be of different political parties, elected by the active Department members.
(2) Each Commissioner must be:
(a) At least 21 years of age;
(b) Of good moral character; and
(c) A legal resident of the town for at least three consecutive years before his or her term.
(3) A Commissioner may not be an active member of a police or fire department or agency, and not more than two of the Commissioners may be past members of a police or fire department or agency.
(4) A Commissioner may not receive any remuneration as salary from the town.
(5) Each Commissioner shall take an oath of office to conscientiously discharge his or her duties, a signed copy of which shall be filed with the Safety Board.
(6) A per diem of $75 shall be paid to each Commissioner for each day of actual service for the Commission.
(C) Commissioner terms.
(1) The term of a Commissioner is four years. However, one of the Council President's initial selections and one of the Department's initial selections shall only serve for two years. Thereafter, terms for said initial selections shall be four years.
(2) A vacancy on the Commission shall be filled within 30 days by the appointing or electing authority, and such selection is for the remainder of the unexpired term.
(3) A Commissioner serves at the pleasure of the appointing or electing authority and may be removed at any time pursuant to I.C. 36-8-3.5-7.
(D) Commission rules.
(1) Within 30 days after the Commission is selected, it shall adopt rules concerning governance, including rules regarding the time and place of regular monthly meetings and special meetings necessary to transact business of the Commission.
(2) A majority of the Commissioners constitutes a quorum, and a majority vote of all of the Commissioners is necessary to transact Commission business.
(3) Each year, the Commissioners shall select from among their number a president, vice president, and secretary.
(4) The Commission shall keep a permanent record of its proceedings.
(5) The Commission shall submit a proposed annual budget to the town as other town budgets are submitted. The town shall include in its budget an amount sufficient for the necessary expenses of the Commission.
(6) Within 90 days after the Commission is selected, it shall adopt rules concerning the Department pursuant to I.C. 36-8-3.5-10 ("Rules"). Before adoption of such Rules, notice must be a given and a public hearing must be held pursuant to I.C. 36-8-3.5-10(b) - (e) and I.C. 5-3-1.
(7) The Department shall print all rules and furnish a copy to each Department member.
(8) Amendments to the rules take effect 30 days after adoption if copies have been furnished to all Department members within that period. Otherwise, they do not take effect until copies are furnished to all Department members.
(E) Elections.
(1) An election to be made by the active Department members shall be made at a meeting called by the Safety Board for that purpose. The Board shall give at least three weeks' notice of the meeting to all active Department members by posting the notice in prominent locations in stations of the Department. The notice shall be read during roll call, shifts, and must state the time, place, and purpose of the meeting.
(2) Only active Department members may attend the meeting, and at the meeting one Department member shall be selected as chair.
(3) All voting must be by secret written ballot.
(4) Other procedures for holding the meeting may be determined by the Safety Board and shall be posted in accordance with division (E)(1) above.
(F) Appointment and removal of Department members.
(1) The Commission may appoint and remove Department members, except for a member in an upper level policymaking position. The Town Council President shall appoint and may remove a member in an upper level policymaking position.
(2) The removal of a member from an upper level policymaking position is removal from rank only, not removal from the Department. When a member is removed, the member shall be appointed by the Commission to the rank in the Department that the member held at the time of the member's upper level appointment or to any rank to which the member had been promoted during the member's tenure in the upper level position. If such a rank is not open, the member is entitled to the pay of that rank and shall be promoted to that rank as soon as an opening is available.
(G) Department member qualifications.
(1) A Department applicant must be:
(a) A citizen of the United States;
(b) A high school graduate or equivalent; and
(c) At least 21 years of age and under 36 years of age. The age requirements do not apply to someone previously employed as a member of the Department.
(2) A person may not be appointed, reappointed, or reinstated if the person has a felony conviction on the person's record.
(H) Department member application, tests, vacancies, and appointments
(1) Applications for appointment or reappointment to the Department must be filed with the Commission. An applicant must produce satisfactory proof of the date and place of his or her birth.
(2) Applicants for appointment or reappointment to the Department must pass the general aptitude test required under I.C. 36-8-3.2-3.5. The general aptitude test shall be conducted and administered pursuant to the requirements set forth in I.C. 36-8-3.5-12. General aptitude test results shall be filed with the Commission, and the Commission shall reject any applicant who it finds lacks the proper qualifications.
(3) Department applicants will be rated on selection criteria and testing methods adopted by the Commission, pursuant to I.C. 36-8-3.5-12. The Commission shall place the names of applicants with passing scores on an eligibility list by the order of their scores and shall certify the list to the Safety Board. If an applicant for original appointment reaches the applicant's thirty-sixth birthday, the applicant's name shall be removed from the eligibility list. Applicants remain on the list for two years from the date of certification. After two years a person may reapply as an applicant.
(4) When a vacancy occurs in the Department, upon request of the Chief, the Commission shall administer the physical agility test required by I.C. 36-8-3.2-3.5 to the applicant having the highest score on the eligibility list. If the appointed applicant successfully completes the physical agility test, the applicant shall then be enrolled as a member of the Department if:
(a) The applicant is still of good character and
(b) Passes the required examinations identified in I.C. 36-8-3.2-6 and I.C. 36-8-8-19.
(I) Probationary period upon appointment.
(1) An initial appointment to the Department is probationary for a period not to exceed one year.
(2) If the Commission finds, upon the recommendation of the Department during the probationary period, that the conduct or capacity of the probationary member is not satisfactory, the Commission shall notify the member in writing that the member is being reprimanded or suspended, or will not receive a permanent appointment. If a member is notified that he or she will not receive a permanent appointment, the member's employment immediately ceases. Otherwise, at the expiration of the probationary period the member is considered regularly employed.
(J) Police Department Chief and Deputy Chief. To be appointed Police Department Chief (“Chief”) or Police Department Deputy or Assistant Chief, an applicant must meet the qualifications set forth in I.C. 36-8-4-6.5.
(K) Promotions.
(1) The Commission shall adopt rules governing promotions within the Department in accordance with the requirements set forth in I.C. 36-8-3.5-13. The following factors will be considered, with the weight of each to be determined by the Commission:
(a) Written competitive examination score;
(b) Oral competitive interview score;
(c) Performance record; and
(d) Length of service.
(2) Promotions to a rank must be from the next lower rank, and the Department member being promoted must have served at the lower rank for a period determined by the Commission.
(3) Only members who are qualified in rank and length of service may be given the competitive examinations and placed on an eligibility list. The eligibility list for a position consists of members who have been placed on the list in order of their cumulative score on all rating factors. The eligibility list shall be maintained for two years from the date of certification, after which time the list shall be retired and a new list established. The retired list shall be kept for five years and then destroyed.
(4) Written competitive examinations shall be conducted, and appeals may be filed, pursuant to I.C. 36-8-3.5-14.
(5) The Commission shall adopt rules for determining a performance rating for Department members, pursuant to I.C. 36-8-3.5-15. Ratings shall be submitted to the Chief and kept on file, and the Chief shall notify each member in writing of his or her rating. Appeals may be filed pursuant to I.C. 36-8-3.5-15.
(6) When a vacancy in rank occurs, the Commission shall certify to the Chief the three members with the highest scores on the eligibility list for that particular rank. Within six months the Commission, upon the recommendation of the Chief, shall promote one of those Department members to fill the vacant position.
(7) All promotions are probationary for a period not to exceed one year. At the end of the period, a probationary member's superior shall review the member's performance and recommend to the Commission that the promotion be made permanent, or revoked. The Commission shall review the report and decide what action should be taken. The probationary member is entitled to counsel, to be heard, and to appeal a decision not to make the promotion permanent, pursuant to I.C. 36-8-3.5-16.
(8) If a promotion is revoked, the member may not be returned to a rank lower than that the member held before the probationary promotion.
(L) Discipline by the Commission.
(1) In accordance with I.C. 36-8-3.5-17, the Commission may take the following disciplinary actions against a regular member of the Department:
(a) Suspension with or without pay;
(b) Demotion; or
(c) Dismissal.
(2) A member may be disciplined by the Commission for the following:
(a) Conviction of a crime; or
(b) Breach of discipline, including:
1. Neglect of duty;
2. Violation of Commission rules;
3. Neglect or disobedience of orders;
4. Continuing incapacity;
5. Absence without leave;
6. Immoral conduct;
7. Conduct injurious to the public peace or welfare;
8. Conduct unbecoming a member; or
9. Furnishing information to an applicant for appointment or promotion that gives that person an advantage over another applicant.
(3) If the Chief, after an investigation, prefers charges against a Department member for an alleged breach of discipline, a hearing shall be conducted upon request of the member. The hearing shall be conducted, and required notices shall be drafted and served, pursuant to the requirements set forth in I.C. 36-8-3.5-17. A decision to discipline a member may be made only if the preponderance of the evidence presented at the hearing indicates such a course of action.
(4) A member who is aggrieved by the decision of a person or board designated to conduct a disciplinary hearing may appeal to the Commission within ten days of the decision. The Commission shall on appeal review the record and either affirm, modify, or reverse the decision on the basis of the record and such oral or written testimony that the Commission determines, including additional or newly discovered evidence.
(5) The Commission, or a designated person or board, shall keep a record in cases of suspension, demotion, or dismissal, and shall give a free copy of the transcript to the member upon request if an appeal is filed.
(6) A member who is aggrieved by a decision of the Commission to suspend the member for a period greater than ten calendar days, demote the member, or dismiss the member may appeal to the circuit or superior court. The appeal shall be made pursuant to the Indiana rules of trial procedure and I.C. 36-8-3.5-18.
(7) If a member is suspended under this section, the member is entitled to the member's remuneration and allowances for insurance benefits to which the member was entitled before the suspension. The Commission shall determine if a member of the Department who is suspended in excess of five days shall continue to receive the member's salary during suspension. In addition, the town may provide the member's allowances for any other fringe benefits to which the member was entitled before the suspension.
(M) Summary discipline by the Police Department Chief.
(1) Pursuant to the limitations set forth in I.C. 36-8-3.5-19, the Chief may, without a hearing, reprimand or suspend without pay a Department member for a maximum of five working days.
(2) If the Chief reprimands a member in writing or suspends a member, the chief shall, within 48 hours, notify the Commission in writing of the action and the reasons for the action.
(3) A Department member reprimanded in writing or suspended under this section may exercise the rights afforded to him or her as set forth in I.C. 36-8-3.5-19, and the Commission shall follow all procedures set forth therein.
(N) Retirement age. A Department member shall retire when the member reaches his or her seventieth birthday. However, a Department member who is 70 years of age or older when this section takes effect may serve until the end of 2020.
(O) Temporary leave of absence.
(1) If it is necessary for the Safety Board to reduce the number of members of the Department, the reduction shall be made by granting a temporary leave of absence, without pay or financial obligation to the unit, to the appropriate number of Department members. The last Department member appointed shall be put on leave first, with other Department members also put on leave in reverse hiring order, until the desired level is achieved.
(2) If the Department is increased in number again, the Department members who have been granted leaves of absence under this section shall be reinstated before an applicant on the eligibility list is appointed to the Department. The reinstatements begin with the last member granted a leave.
(3) A Department member on leave of absence shall keep the Commission advised of the Department member's current address. A Department member shall be informed of the Department member's reinstatement by written notice. Within ten calendar days after a Department member receives notice of reinstatement, the Department member must advise the Commission that the Department member accepts reinstatement and will be able to commence employment on the date specified in the notice. All reinstatement rights granted to a Department member terminate upon the Department member's failure to accept reinstatement within that period.
(P) Requirement regarding certified employees.
If the Department has at least one employee who, as a condition of employment holds a valid certification issued under I.C. 16-31-3 by the Indiana Emergency Medical Services Commission, the Department shall follow the procedure established in I.C. 36-8-3.5-19.3.
(Ord. 29-2019, passed 10-7-19)