(A) Promotions; rules; requisites; eligibility list.
(1) (a) Rules governing promotions must provide that the following factors be considered in rating a member of the Department for a promotion:
1. The score received by the member on a written competitive examination;
2. The score received by the member on an oral competitive interview;
3. The performance record of the member in the Department; and
4. The member’s length of service.
(b) The Commission shall determine the weight to be given to each of the factors. However, neither a member’s length of service nor the score received on the oral interview may comprise more than 20% each of the rating.
(2) Promotions to a rank must be from the next lower rank. In addition, the 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.
(Prior Code, § 34.088)
(B) Promotions; competitive examinations; procedures.
(1) Before a written competitive examination may be held to fill a current or expected vacancy in the ranks, the members eligible to take the examination must be notified of the written materials from which the questions will be taken. The Commission may employ instructors, purchase materials, and make other expenditures to provide information for applicants for promotion examinations.
(2) The identity of a member taking the written examination shall be withheld from the person or persons grading the examination and all written examinations are confidential. The Commission shall notify each member in writing of the score that the member received on the examination. The score received by a member on the written examination becomes a part of the permanent file of the member, and the member is entitled to access to this file for examination at any time.
(3) (a) The examination papers shall be kept under the Commission’s supervision. A member who is aggrieved with the score received on the written examination may appeal to the Commission for review of the score. The appeal must be filed within ten days after notice of the score has been sent to him or her. He or she may review the questions incorrectly answered by him or her and challenge the answer considered correct by the examiner.
(b) The Commission shall either affirm the score or correct the score according to the findings of a review. The examination papers shall be retired after the two year period during which the eligibility list is valid. The retired papers shall be kept for five years and then destroyed.
(Prior Code, § 34.089)
(C) Performance ratings; rules; appeal.
(1) (a) The Commission shall adopt rules for determining a performance rating. The rules must require that a performance rating be made at least once every six months for each member of the Department, including probationary members. The rating shall be made by one or more of the member’s superiors, as defined in the Commission’s rules. Probationary members shall be rated in the same manner as other members of the Department.
(b) The ratings shall be submitted to the Chief of the Department and kept on file in his or her office under his or her supervision. The Chief shall notify each member in writing of the rating that the member received.
(2) A member who is aggrieved with the performance rating given to him or her by his or her superior may appeal to the Commission for a review of the rating. The appeal must be filed within ten days after notice of the rating has been sent to him or her. The Commission shall either affirm or correct the rating.
(Prior Code, § 34.090)
(D) Promotions; certification of eligible members; probation; procedures.
(1) When a vacancy in rank occurs, the Commission shall certify to the Chief of the Department the three members with the highest scores on the eligibility list for that particular rank. The oral test scores of any candidate for promotion, who is a city resident for more than one year at the time of the taking of the test, and who otherwise meet the criteria imposed by Police Merit Commission shall be increased by 15%. Within six months the Commission, upon the recommendation of the Chief, shall promote one of those members to fill the vacant position.
(2) 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:
(a) The promotion be made permanent; or
(b) The promotion be revoked.
(3) The Commission shall prepare a rating chart for the superior’s use in making the report. The Commission shall review the report and decide what action should be taken. The probationary member is entitled to appear before the Commission and be heard on any matter detrimental to him or her in his or her superior’s report. He or she is also entitled to be represented by counsel or another representative of his or her choice. If the promotion is finally revoked the member may not be returned to a rank lower than that he or she held before the probationary promotion.
(4) Actions by the Commission other than making the promotion permanent may be appealed within 30 days to the Circuit or Superior Court of the county, with the city being named as the sole defendant.
(Prior Code, § 34.092)
(Ord. 0-03-0031, passed - -2003; Ord. 13-0012, passed 5-28-2013)
Statutory reference:
Related provisions, see I.C. 36-8-3.5-13, 36-8-3.5-14, 36-8-3.5-15, and 36-8-3.5-16