(A) The County Merit Board shall hold regular monthly meetings throughout the year as is necessary to transact the business of the Sheriff’s Department.
(I.C. 36-8-10-3(d))
(B) Unless otherwise provided, the Board shall meet at 7:00 p.m. on the fourth Wednesday of each month at a suitable place as designated by the President of the Board. The meetings shall be open to the public and said notice shall be posted on the meeting premises, or otherwise disseminated to the public, accordingly.
(C) Special meetings may be held at any other time or place within the county whenever called by the president, provided that in such cases each member is notified at least five days in advance, and said notification shall include the business to be transacted.
(D) A majority of three members of the Board shall constitute a quorum and be sufficient to pass upon any business before the Board.
(I.C. 36-8-10-3(d))
(E) At the first regular meeting, and annually thereafter, the members of the Board shall elect a President and Secretary and a Vice President, if so desired by the Board, each of whom shall serve one year after such elections.
(I.C. 36-8-10-3(d))
(F) The Secretary shall keep a brief but adequate record of the minutes of all meetings and of all acts and proceedings of the Board, in type or ink, in a book which shall be surrendered to any succeeding Secretary of the Board.
(G) The Secretary shall also prepare and distribute to each Board member and to the Sheriff a copy of each document presented to the Board that is of a material nature that should be immediately available to each such member and to the Sheriff. Any such documents, however, shall remain the property of the Board and shall be returned to the Board by any member thereof.
(H) The Sheriff, with appropriate oversight of the Board Secretary, shall maintain a personnel file which shall contain a folder for each member of the Department. Each such folder shall contain copies of all documents pertinent to the appointment and service of each such member of the Department. The Sheriff shall make available, at the request of the Secretary, copies of all such documents.
(I) The President of the Board shall preside over all meetings of the Board and conduct all meetings in the manner usually prescribed for same.
(J) The President shall be responsible for the presentation to the Board of all business required for transacting business by the Board.
(K) Any business of the Board may be continued, in whole or in part, to the next scheduled meeting of the Board.
(L) The rules of parliamentary procedure, as set out in Robert’s Rules of Order, shall govern the procedures(s) of all Board meeting(s); however, the interpretation by the President of such rules shall prevail, subject to the concurrence of a majority consensus of those members of the Board present at said meeting(s).
(M) The President of the Board shall preside over all hearings before the Board concerning charges preferred by the Sheriff to temporarily suspend, demote, or discharge any county police officer; however, the president, at his or her discretion, may appoint another Board member to such duty.
(N) No such hearings shall be held, however, until after the receipt, by the President of the Board, of two copies of the charges preferred by the Sheriff against such county police officer. Such charges shall be in adequate form and detail, and each copy shall be accompanied by a summary of evidence supporting the charges and attached thereto. The Sheriff shall prepare three original copies, in total, retaining one for his or her personal file.
(O) Upon receipt of two copies of such charges preferred by the Sheriff, each accompanied by such summary of evidence supporting the same, the President of the Board, in consultation with the remaining Board members, shall set a date, time, and place for such hearing and cause to be delivered to the accused county police officer, one copy of the charge(s), as preferred by the Sheriff, a copy of the evidence summary, and a form notice, as to the date, time, and place of the hearing. All referenced delivery(ies) shall be by certified mail with return receipt attached. The Sheriff shall also be notified as to the date, time, and place of the hearing.
(P) All referenced hearing(s) shall be held in a reasonably prudent manner, time and place in accordance with current state code, as may apply.
(Q) Subsequent to the receipt of two copies of the charges, as preferred by the Sheriff and further referenced herein, the President, in consultation with the remaining Board members, shall set a date for the hearing, not less than 14 days from the date of the certified mailing to the accused county police officer, nor more than 30 days subsequent to the referenced receipt unless reasonable cause has been indicated, in writing, to the Merit Board. Reasonable cause and further extensions of time shall be solely determined by the Board.
(R) All referenced hearing(s) will generally follow the usual dictates of state rules of trial procedure(s) concerning opening statements, presentations of evidence, rebuttal and arguments, except that the Board, at the discretion of the President or any member appointed by the President to preside over such hearing(s), may accept and/or admit for the record evidence not necessarily admissible under normal trial procedure(s). It is the intent of the Board to establish an orderly process for any referenced hearing(s) to facilitate a fair and unbiased hearing process for any accused county police officer and the Sheriff. Both the accused county police officer and the Sheriff will be allowed to fully present their respective cases before the Board.
(S) At such referenced hearing(s), the accused county police officer, against whom charges have been preferred by the Sheriff, may represent him or herself, or he or she may be represented by legal counsel. The Sheriff, or other person appointed by him, shall present the evidence against the accused county police officer.
(T) A record shall be kept of the proceedings of such hearing(s) and certified by the Secretary of the Board. The Board will arrange for a court reporter to keep the record of the hearing(s) and to prepare a transcript in the event of an appeal hereunder. The Board may in its sole discretion or upon the motion of either the Sheriff or the accused county police officer order a separation of witnesses. The Board shall make specific findings of fact to support its decision. The Board shall only consider evidence that is introduced by the parties and entered into the official record of the hearing(s).
(U) Upon completion of any referenced hearing(s), the Merit Board shall hold an executive session to deliberate on the evidence presented during the hearing, and then shall hold a subsequently scheduled public meeting to render a final decision. The decision of the Board shall be by majority vote and shall be evidenced by all Merit Board members attesting to their individual votes. The accused county police officer shall also be notified in writing of the decision of the Board. The President will confirm the decision, in writing, within ten days subsequent to the completion of the referenced hearing. Four original copies will be produced: certified mailings will be made to the accused county police officer, his or her legal counsel (if applicable), the Sheriff, and an original copy retained for the Secretary’s Board file. Should the decision be adverse to the interests of the accused county police officer, he or she will be advised that he or she can appeal the decision within 30 days after the decision is rendered. The appeal process is guided by state code.
(V) When the Sheriff desires to promote a county police officer of the Department to superior rank, grade or position, he or she shall submit to the Board the following documents for their review and approval:
(1) A letter of recommendation for such promotion;
(2) A document showing such county police officer’s rating and that of others who desire the promotion as determined by examination and other qualifying determinations set by the Sheriff with prior approval of the Board;
(3) A waiver (if applicable) request for each deficiency of requirements for such rank, grade or position previously set by the Sheriff with prior approval of the Board; and
(4) When the Sheriff desires to classify, reclassify or otherwise change the ranks, grades or positions within the department, he or she shall deliver to the Board said classifications, reclassifications or other proposed changes for their review and approval.
(W) When the Sheriff desires to set or change the standards or prerequisites of training, education or experience for each rank, grade or position within the Department, he or she shall deliver to the Board, for their review and approval, copies of said standards and prerequisites along with his or her recommendation(s) for the same, setting forth his or her reason(s).
(X) When the Sheriff desires to devise, administer or change the examinations for any or all ranks, grades or positions in the Department, he or she shall deliver to the Board, for their review and approval, copies of said examinations and plans for administration of said examinations, along with his or her recommendations in writing, setting out the reason(s) for the same.
(Y) When the Sheriff desires to set or change the number of personnel in/for the Department, he or she shall deliver to the Board, for their review and approval, a document setting forth the number of personnel desired and his or her reason(s) for setting said number.
(BC Ord. 2000-9, passed 9-18-00)