(A) Pursuant to IC 36-8-3.5-11(a), the Mayor shall appoint and may remove the Chief. The Chief shall appoint and may remove the Assistant Chief, Division Commanders or any other person holding an upper level policy making position If a person holding an upper-level policy making position is removed from his or her position and he or she held a prior merit rank or position with the Department, he or she shall be appointed by the Commission to his or her prior held merit rank (immediately prior to his or her upper level appointment). If such a merit rank is not open, the member is entitled to the pay of that merit rank and shall be promoted to that merit 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 merit rank or position with the Department, 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 Fire Department and the Fire Chief and the Police Department and the Police Chief, as provided for herein, shall be governed by applicable statutes of the state, as set forth in Indiana Code, as amended.
(Ord. 091514A, passed 11-17-14)