(A) A paid police officer may be disciplined by demotion, dismissal, reprimand, forfeiture, or suspension upon either:
(1) Conviction in any court of any kind.
(2) A finding and decision of the Town Council that the member has been or is guilty of any one or more of the following:
(a) Neglect of duty;
(b) A violation of rules;
(c) Neglect or disobedience of orders;
(d) Incapacity;
(e) Absence without leave;
(f) Immoral conduct;
(g) Conduct injurious to the public peace or welfare;
(h) Conduct unbecoming an officer; or
(i) Another breach of discipline.
(B) The Town Council may not consider the political affiliation of a police officer in making a decision under this section;
(C) The Town Council shall follow the following procedures when a full-time or part-time paid police officer may be suspended in excess of five days without pay, demoted or dismissed.
(1) For purposes of this section, the appropriate appointing authority is the Town Council.
(2) Before a member of a Police Department may be suspended in excess of five days without pay, demoted or dismissed, the Town Council shall offer the member an opportunity for a hearing. If a member desires a hearing, the member must request the hearing not more than five days after the notice of the suspension, demotion or dismissal. Written notice shall be given either by service upon the member in person or by a copy left at the member’s last and usual place of residence at least 14-days before the date set for the hearing. The hearing conducted under this subsection shall be held not more than 30 days after the hearing is requested by the member, unless a later date is mutually agreed upon by the parties. The notice must state:
(a) The time and place of the hearing;
(b) The charges against the member;
(c) The specific conduct that comprises the charges;
(d) That the member is entitled to be represented by counsel;
(e) That the member is entitled to call and cross-examine witnesses;
(f) That the member is entitled to require the production of evidence; and
(g) That the member is entitled to have subpoenas issued, served and executed in the county where the unit is located.
(D) Appeal to circuit court.
(1) A member who is suspended for a period exceeding five days without pay, demoted, or dismissed may appeal the decision to the Circuit Court of the county. However, a member may not appeal any other decision.
(2) An appeal under this section must comply with the provision of I.C. 36-8-3-4, and a verified complaint must be filed within 30 days from the date that the decision is rendered.
(E) In addition to the disciplinary powers of the safety board, the head supervisor of the department may, without a hearing, reprimand or suspend without pay a member, including a police radio or signal alarm operator or a fire alarm operator, for a maximum of five working days. For the purposes of this provision, eight hours and 15 minutes of paid time constitutes one working day.
(1) If the head supervisor reprimands a member in writing or suspends a member, the head supervisor shall, within 48 hours, notify the board in writing of the action and the reasons for the action;
(2) A member who is reprimanded in writing or suspended under this section may, within 48 hours after receiving notice of the reprimand or suspension, requests in writing that the Council review the reprimand or suspension and either uphold or reverse the head supervisor’s decision. At its discretion, the Council may hold a hearing during this review. If the board holds a hearing, written notice must be given either by service upon the member in person or by a copy left at the member’s last and usual place of residence at least 14 days before the date is set for the hearing. The notice must contain the information listed in division (C)(2) above.
(3) If the decision is reversed, the member who was suspended is entitled to any wages withheld as a result of the suspension.
(F) The Marshal is considered an executive as that term is used in I.C. 36-8-3-4 and, therefore, may be reduced in grade without adhering to the requirements of divisions (A), (C), (D) or (E). However, a member may not be reduced in grade to a rank below that which the member held before the member’s appointment to the Marshal’s position.
(Ord. 05-04, passed 2-28-2005; Am. Ord. 06-28, passed 12-27-2006)