As a condition of employment, a newly hired police officer for the city shall sign and enter into a New Officer Training Reimbursement Agreement. At the minimum, this agreement shall include the following provisions.
(A) The officer agrees to participate in training that may consist of either or both of the following:
(1) Twelve weeks at the Indiana Law Enforcement Academy, located in Plainfield, Indiana; and
(2) In-house, on-the-job training.
(B) The officer further agrees to successfully complete such training, to obtain the necessary and appropriate certification, and to serve as a police officer of the Police Department, in any duty assignment prescribed, for a minimum of three years following administration of the oath of office. The officer further agrees to devote full-time to training and subsequent service, and to perform all assignments in a satisfactory manner.
(C) The city agrees to make available to the officer the law enforcement training set forth above, and, if required, to be responsible for and pay all related expenses in connection therewith, including food, lodging, equipment and salaries on the premises while the officer is training. The city further agrees to provide in-house training for the officer during those periods of time he or she is employed with the city, but not attending the training academy.
(D) The officer and the city agree that the value of the training equipment equals $5,000. In the event the officer terminates employment with the city during training or within the first 36 months subsequent to taking the oath of office, the officer agrees to pay to the city, not as a penalty but as agreed upon liquidated damages, the sum of $150 per month for the number of months less than 36 that he or she was employed by the Police Department. These liquidated damages shall serve as partial reimbursement for training and equipment costs, and shall be paid within 30 days after the date of termination of city employment. If these damages are not paid within 30 days, then interest shall accrue on the amount due at 2% per month. If it initiates court proceedings for collection of these damages, the city shall be entitled to reimbursement of reasonable attorney fees, court costs, and other expenses incurred in collecting damages.
(E) The officer shall not be responsible for the reimbursement of any cost if he or she fails to satisfactorily complete the police academy. Nor shall he or she be responsible if employment is terminated during the first 36 months due to a disabling illness or injury (verified by a competent physician), or due to dismissal by the city. However, this exception shall not apply if there is substantial evidence that the officer has been dismissed as a result of misrepresenting his or her basic qualifications for employment, or has caused his or her dismissal, failure, illness or injury in an attempt to avoid payment of training and equipment costs.
(Ord. 2001-16, passed 9-4-01)