(a) Pursuant to the limitations set forth in I.C., 36-8-3.5-19, the Chief may, without a hearing, reprimand or suspend without pay a member in the administrative position for a maximum of five (5) working days, and a member in a shift position for a maximum of two (2) 24-hour shifts.
(b) If the Chief reprimands a member in writing or suspends a member, the chief shall, within forty-eight (48) hours, notify the Commission in writing of the action and the reasons for the action.
(c) A Department member reprimanded in writing or suspended under this section may exercise the rights afforded to him or her as set forth in I.C., 36-8-3.5-19, and the Commission shall follow all procedures set forth therein.
(d) Ex Parte Communication. A Commissioner shall not initiate, participate in, or consider ex parte communication concerning any pending disciplinary matter or other matters about which charges are expected. Ex parte communication includes any communication with a Commissioner by a party, representative of a party, or a person acting on behalf of a party without the presence of the adverse party. The term does not include the formal written submissions submitted to the Commission (and served upon opposing parties) and testimony and evidence presented at the hearing. A Commissioner who is exposed to ex parte communication (or attempts) shall immediately inform other Commissioners and the adverse party. A Commissioner who has received ex parte information may be excluded from any participation in the subject matter of the ex parte communication upon motion of either party and majority vote of the remaining Commissioners. A Commissioner’s failure to disclose ex parte communication (including attempts which he or she rebuffs) may subject the Commissioner to removal from the Commission pursuant to I.C., 36-8-3.5-7. A member who participates in ex parte communication or attempts at ex parte communication shall be subject to discipline up to termination. Nothing in this subsection shall be construed to prevent the Chief or the Chief's delegate from communicating with the Commission pursuant to Indiana Code or Greenwood ordinances. (Ord. 20-26, § 3, 10-5-20; Ord. 20-39, § 1E, 11-4-20; Ord. 23-04, § 1, 2-22-23)