(A) Appointment.
(1) A Police Merit Commission shall be appointed in the city to consist of five members as follows:
(a) Two persons elected by the active membership of the Police Department;
(b) One person appointed by the Mayor;
(c) One person appointed by the Common Council of the city; and
(d) One person appointed by the other four members of the Commission.
(2) The members of the Commission must be legal residents of the city for a period of three consecutive years immediately prior to their appointment. They shall be persons of good moral character and shall receive a per diem compensation for each day of actual service. The amount of per diem shall be fixed by the Board of Public Works and Safety, but the total yearly compensation received by a member of the Commission may not exceed $800 per year. A member of the Commission shall be 21 years or older at the time of this appointment.
(3) A member of the Commission may not be an active or past member of any police agency. A person may not serve on the Commission if he or she receives any remuneration as salary from a public fund.
(4) No more than three members of the Commission may be affiliated with the same political party. For purposes of this division, "political affiliation" shall be determined through the voters' registration records of the three most recent primary elections.
(5) The members of the Commission shall take an oath of office to conscientiously and faithfully discharge their duties as Commissioners. A signed copy of the oath shall be filed with the Board.
(6) The Commission shall submit a budget annually to the city and the city shall include in its budget an amount sufficient to provide funds for the necessary expenses of the Commission.
(B) Selection.
(1) The members of the Commission shall be selected as follows.
(a) The Police Department shall select first.
(b) The Mayor shall make his or her appointment second.
(c) The Common Council shall make its appointment third.
(d) The member chosen by the Commission members shall be chosen last.
(2) The nomination to be made by the police officers of the Police Department shall be made at a meeting called specifically for that purpose by the Board. The Board shall give at least ten-days' notice of the meeting to all active members of the Police Department by posting the notice of the meeting in at least three prominent locations in the police station. The notice shall also be read during the shift roll call. The notice shall designate the time, place and purpose of the meeting. No one shall be entitled to be present at the meeting and exercise the right to vote unless he or she is an active member of the Police Department. Active members who are unable to attend the meeting may vote by written proxy. However, an active member present at any meeting may not hold or vote the proxy of more than one absent member. An active member of the Police Department shall be selected to act as chairperson of the meeting. Voting shall be by secret ballot. The two persons receiving the highest number of votes including all proxy votes shall be named as the nominees of the Police Department. The persons so nominated by the Police Department shall be appointed to the Commission by the Mayor.
(C) Term. The term of Commission members shall be four years.
(D) Vacancies. A vacancy on the Commission shall be filled within 30 days by the appointing party. The appointment shall be for the remainder of the unexpired term.
(E) Removal. The Board may remove any member of the Commission for malfeasance, nonfeasance, change of residence that conflicts with division (A)(2) above or inability to serve. Removal of a member of the Commission by the Board shall be subject to the same rules and procedures which govern the removal of a police officer.
(F) Meetings and rules. The Commission shall establish rules for the governing of the Commission and included in those rules shall be the time and place for the holding of regular monthly meetings and any special meetings throughout the year as may be deemed necessary to transact the business of the Commission. A lawful transaction of the business of the Commission requires a majority vote of the Commission members. Each year the Commission shall select from its members a President, Vice President and Secretary. The Commission shall keep a permanent record of its proceedings.
(Ord. G-82-925, passed 1-4-1982)
Statutory reference:
Police and Fire Department Merit System, see I.C. 36-8-3.5