(A) Pursuant to I.C. 36-8-3.5 et seq., a merit system is hereby established for the Elkhart City Fire Department ("Department") and will be administered by a Fire Merit Commission ("Commission"), according to the requirements set forth in I.C. 36-8-3.5 et seq. and this subchapter.
(B) (1) Pursuant to I.C. 36-8-3.5-6, the Commission shall consist of five Commissioners appointed in the following manner:
(a) Two persons, who shall be members of different political parties, appointed by the Mayor;
(b) One person appointed by the City Council; and
(c) Two persons, who shall be members of different political parties, elected by active members of the Department eligible to vote for such Commissioners as defined by state law.
(2) Not more than three of the Commissioners may be of the same political party. Political affiliation shall be determined through the voters' registration records of the three most recent primary elections.
(3) To qualify as a Commissioner, an appointee must:
(a) Be at least 21 years of age;
(b) Be a person of good moral character;
(c) Must have been a resident of the city for three consecutive years immediately prior to appointment; and
(d) Must remain a resident of the City of Elkhart during the Commissioner's term.
(4) A Commissioner may not be an active member of a fire department or agency and not more than two of the Commissioners may be past members of a fire department or agency.
(5) In addition, a person may not serve on the Commission if the person receives any remuneration as salary from the City of Elkhart. Commissioners shall not receive a per diem for their service on the Commission, nor shall they receive any salary or reimbursement for expenses for their service on the Commission.
(C) Before entering upon his or her duties, each Commissioner shall take an oath of office to conscientiously discharge the Commissioner's duties. A signed copy of the oath shall be filed with the Board of Public Safety.
(D) Each Commissioner is subject to removal by their respective electing or appointing authority for any cause that the electing or appointing authority considers sufficient.
(Ord. 5533, passed 11-7-2016)
Cross-reference:
Fire Department, see §§ 31.135 et seq.