(A) Pursuant to I.C. 36-8-3.5-11(a), the Mayor shall appoint and may remove a member in an upper-level policy making position, as this position is defined in I.C. 36-8-1-12, as amended. If a person holding an upper-level policy making position is removed from his or her position, he or she shall be appointed by the Commission to his or her prior rank in the Department that he or she held at the time of his or her upper level appointment or to any rank to which he or she had been promoted during his or her tenure in the upper level position. If such a 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. If a Chief, Assistant Chief or any other person holding an upper-level policy making position did not hold a prior rank or position in the Department, then, upon removal from his or her upper-level policy making position, his or her employment with the Department is terminated without cause and without a right to a hearing.
(B) In all other respects, the Department and all members of the Department shall be governed by applicable statutes of the state, as set forth in Indiana Code, as amended.
(Ord. 5532, passed 11-7-2016)