(A) A police officer or firefighter whose request for payment of care under IC § 36-8-4-5 is denied by the city (the "appellant") may appeal any such denial to the "Hurt on Duty" Compensability Committee ("Committee") which is hereby created and established to consist of the following representatives:
(1) Deputy Mayor for the city or designee, to be appointed by the city;
(2) Police Chief or Fire Chief, or designee, to be appointed by the city;
(3) A Pension Board attorney representing either the Police Pension Board or the Fire Pension Board, who shall be a non-voting member of the Committee, to be appointed by the members of the Committee; and
(4) Pension trustee to be appointed by the Union representing the appellant.
(B) Within 60 days of the establishment of the Committee, the Committee shall establish written rules of order for conducting business ("rules and procedures"). A majority of the Committee members constitutes a quorum, and a majority vote of all voting Committee members is necessary to transact business and administrative matters. The Committee shall select from among their number a president, vice president, and secretary. The Committee shall keep a permanent record of its proceedings. For appeal hearing purposes, a majority of the voting Committee members designated for a hearing in division (D) below constitutes a quorum to conduct an appeal hearing. A majority vote of the voting Committee members at a hearing shall decide an appeal.
(C) The appellant must submit an appeal to the city's Risk Manager, in writing, within 14 days of the date the notice of the Risk Manager’s determination is sent.
(D) (1) If the appellant is a police officer, then, in such event, the Committee representatives for appeal hearing purposes shall be as follows:
(a) The Deputy Mayor for the city or his/her designee, to be appointed by the city;
(b) The Police Chief or his/her designee, to be appointed by the city;
(c) The Pension Board attorney, appointed by the Committee; and
(d) The Police Pension trustee appointed by the Police Union representing the appellant.
(2) If the appellant is a firefighter, then, in such event, the Committee representatives for appeal hearing purposes shall be as follows:
(a) The Deputy Mayor for the city or his/her designee, to be appointed by the city;
(b) The Fire Chief or his/her designee, to be appointed by the city;
(c) The Pension Board attorney, appointed by the Committee; and
(d) The Fire Pension trustee appointed by the Fire Union representing the appellant.
(E) If the appellant fails to adhere to deadline requirements set forth in the Committee’s rules and procedures, the appellant’s appeal shall be dismissed, with prejudice. If the city fails to adhere to deadline requirements set forth in the rules and procedures, the member may elect to initiate arbitration pursuant to IC § 34-57-2 et seq. within 30 days. The prevailing party shall not be responsibility for arbitration fees under this section. The non-prevailing party shall pay the arbitration fees.
(F) If either party is dissatisfied with the Committee’s determination of compensability, the case may be referred to arbitration under IC § 34-57-2 et seq. The arbitrator shall be selected as provided in the arbitration section of the applicable union’s bargaining agreement with the city. Any referral to arbitration must be initiated by a party within 30 days of the date of the Committee’s determination. Otherwise, the matter will be deemed closed.
(Ord. G-6-14, passed 4-8-14; Am. Ord. G-14-22, passed 7-26-22)