(A) Board of Metropolitan Police Commissioners established. There is hereby established a Board of Metropolitan Police Commissioners for the Town of McCordsville, Indiana, as provided in I.C. 36-8-9, and the Office of Town Marshal is hereby abolished, effective January 1, 2018.
(B) Board Membership.
(1) The Board of Metropolitan Police Commissioners shall consist of three members appointed by the Town Council. The members must be of good moral character, have no felony convictions for criminal acts, and legal residents of the town. Not more than two members may be of the same political party, if individuals who satisfy this requirement can be found to serve on the Board with reasonable and diligent efforts. Members of the town's Police Department may not be appointed to serve on the Board. A member of the Town Council may be appointed to serve on the Board as an ex officio member, subject to the provisions set forth herein.
(2) The Town Council may, by ordinance, increase the number of Board members to five, provided that the amended ordinance and the appointment of Board members satisfy all requirements of I.C. 36-8-9-3.1(a) and all other applicable statutes.
(3) The Town Council may appoint one Town Council member to serve as an ex officio member, who must vacate their membership upon the end of the Council member's term or vacating of office. Said ex officio member may not receive compensation for their service, nor are they required to post a bond.
(C) Term. The Board members' terms shall be three years, expiring on January 1 of the third year after the member's appointment. However, to establish staggered terms, one initial member shall be appointed for a one-year term, one initial member shall be appointed for a two-year term, and one initial member shall be appointed for a three-year term. Each member serves at the pleasure of the Town Council and may be removed for any cause that the Town Council considers sufficient.
(D) Powers and duties.
(1) As provided in I.C. 36-8-9-4, the Board shall have the following powers and duties:
(a) Appointment of future officers. The Board shall appoint persons to serve in the town's Police Department, subject to the qualifications for employment determined by the Board and approved by the Town Council.
(b) Appointment of Police Chief. The Board shall grandfather in and appoint the currently serving Town Marshal to the position of Police Chief.
(c) Future appointments of Police Chief. The Board, at such time as necessary, shall appoint one person to serve as Police Chief.
(d) Appointment of future civilian employees. The Board may appoint other employees that are necessary to carry on the work of the Police Department.
(e) Recommendations for compensation. The Board may recommend and the Town Council shall determine the compensation to be paid to members of the Police Department.
(f) Safety Board. The Board constitutes the town's Safety Board for purposes of suspension, demotion, or dismissal of any member of the Police Department. Proceedings for the suspension, demotion, or dismissal of Police Department members 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.
(g) Adoption of general orders and policies. The Board may make general orders and policies for the government and discipline of the Police Department and make special and general orders to the Department through the Police Chief, who is the executive head of the Department.
(2) The Board shall have all other powers and duties as provided by Indiana statute.
(3) The Board shall adopt and maintain rules governing the conduct of its business, including, but not limited to, rules concerning its meetings, the selection or appointment of persons to be employed as member of the Police Department, promotions and demotions of Department members, and the discipline or dismissal of Department members.
(E) Oath and bond. Before performing any function of a Board member, each person appointed to serve as member shall:
(1) Take and subscribe before the Clerk of the Hancock County Circuit Court an oath or affirmation of office and an oath or affirmation that in each appointment or removal made by the Board to or from the town's Police Department, the member will not appoint or remove a member of the town's Police Department because of the political affiliation of the person or for another cause or reason other than that of the person's fitness to serve as a member of the Police Department.
(2) Give bond in the penal sum of $5,000, payable to the State of Indiana and conditioned upon the faithful and honest discharge of the Board member's duties. The bond must be approved by the Town Council.
(Ord. 021318-A, passed 2-13-2018)