(A) Board of Police Commissioners. There is hereby established the Town of Fortville Board of Metropolitan Police Commissioners (“Board”). The Board shall consist of three members (“Commissioner(s)”), each appointed by the Town Council. In order to qualify as a Commissioner, an appointee must be of good moral character and must be a legal resident of the town. A police officer employed by the town may not be appointed to the Board. Furthermore, not more than two of the Commissioners may be of the same political party, so long as individuals who satisfy this requirement can be found to serve on the Board. The Town Council may appoint one member of the Town Council as an ex officio member of the Board, and no more than one Town Council member may serve on the Board at any given time. Any Commissioner who is also a member of the Town Council may continue to serve on the Board until the end of the Commissioners' term even if the Commissioner vacates his/her position on the Town Council.
(B) Terms, oaths, bonds, and salaries.
(1) The appointment of each Commissioner shall carry with it a specific term. The Town Council shall appoint the initial five Commissioners to the Board to begin service on April 21, 2014, which initial appointments shall carry the following terms:
(a) Two Commissioner shall serve for a term of one year, one of whom shall be the Town Council member appointed to the Commission ;
(b) Two Commissioners shall serve for a term of two years; and
(c) One Commissioner shall serve for a term of three years.
(2) Thereafter, the term of each Commissioner shall be for a period of three years with the term of each Commissioner expiring on January 1 of the third year following its last expiration, such that Commissioners serve for staggered terms with the terms of not more than one Commissioner expiring in any given year. Each Commissioner is subject to removal by the Town Council for any cause that the Town Council considers sufficient.
(3) Before performing any function of a Commissioner, an individual that is not also a member of the Town Council shall take and subscribe an oath or affirmation of office before the Hancock County Circuit Court Clerk. All Commissioners, including those who are also members of the Town Council, shall take and subscribe an oath or affirmation before the Hancock County Circuit Court Clerk that, in each appointment or removal made by the Board to or from the Town Police Department, he/she will not appoint or remove a member of the Town Police Department because of political affiliation of the person or for another cause or reason other than that of the fitness of the person. All oaths and affirmations shall be filed and placed among the Hancock County Circuit Court Clerk's records. Each Commissioner that is not also a member of the Town Council shall give a bond in the penal sum of $5,000, payable to the state and conditioned upon the faithful and honest discharge of his/her duties. The bond must be approved and paid by the Town Council.
(4) The salary of the Commissioners shall be fixed by the Town Council and is payable monthly out of the treasury of the town; provided, however, that a Commissioner who is also a member of the Town Council shall not receive compensation as a Commissioner.
(C) Powers and duties.
(1) The Board shall, subject to the approval of the Town Council and the qualifications for appointment as determined by the Board, appoint as many persons as necessary to serve in the Police Department (“Department”) of the town. One person shall be appointed to serve as the Chief of Police. The Board may also appoint other employees that are necessary to carry out the work of the Department. The Board may, but is not required to, appoint the current Town Marshal and/or any current Deputy Marshal to serve in the Department. All persons so appointed by the Board must be of good moral character and serve only during good behavior. The Board may recommend and the Town Council shall determine the compensation to be paid to members of the Department in amounts that are just and reasonable.
(2) The Board constitutes the safety board of the town for purposes of the suspension, demotion, or dismissal of any member of the Department. Proceedings for the suspension, demotion, or dismissal of any member of the Department shall be conducted in the manner prescribed by I.C. § 36-8-3-4. The disciplinary provisions of I.C. § 36-8-3-4.1 also apply to the Safety Board and the Police Chief.
(3) The Board may make general and specific rules for the government and discipline of the Department and may make special and general orders to the Department through the Chief of Police, who is the executive head of the department. Members of the Police Department must:
(a) Reside in Indiana within Hancock County or a county that is contiguous to Hancock County; and
(b) Maintain in their residence telephone sendee with the Town. Members of the Department may not use vehicles owned or maintained by the Town or its Department outside Hancock County except during the performance of official duties or as allowed by Department regulation. In all other respects, the Department and Police Chief as provided for herein shall be governed by applicable statutes of the state as set forth in the Indiana Code and as amended from time to time, and to the extent appropriate, such other ordinances governing the conduct of the Department enacted now and hereafter by the Town Council.
(Ord. 2014-3A, passed 4-7-14; Am. Ord. 2014-5A, passed 5-5-14)