(A) Organization of Marshal’s Department.
(1) It shall be the right of the elected Town Council to appoint a Marshal for the town and to fix his or her compensation and bond.
(I.C. 36-5-7-2)
(2) The appointed Marshal shall serve at the pleasure of the Town Council.
(I.C. 36-5-7-3)
(3) (a) The Marshal shall be protected by the established state guidelines for employment of his or her position.
(I.C. 36-5-7-3)
(b) A Marshal appointed from the ranks of the Department shall return to the rank held prior to appointment to the position of Marshal, unless there is a termination based on cause and in compliance with the procedures as prescribed in I.C. 36-8-3-4.
(4) The appointed Marshal shall be the chief law enforcement officer for the town and shall have such full and complete powers as that of any other law enforcement officer within the state.
(I.C. 36-5-7-4)
(5) (a) The Town Council may, by ordinance, authorize the Marshal to appoint Deputy Marshals.
(I.C. 36-5-7-6(a))
(b) The number of Deputy Marshals shall be 10.
(Am. Ord. 1025, passed 10-12-1999)
(6) Deputy Marshals have the powers and liabilities of the Marshal in executing the orders of the Town Council or enforcing laws.
(I.C. 36-5-7-6(a))
(7) The Town Council shall fix the amount of bond, compensation, and term of service of Deputy Marshals. The Marshal may dismiss a Deputy Marshal at any time. However, a Deputy Marshal
who has been employed by the town for more than 6 months after completing the minimum basic training requirements adopted by the Law Enforcement Training Board under I.C. 5-2-1-9 may be dismissed only if the procedure prescribed by I.C. 36-8-3-4r is followed.
(8) The Marshal shall, by right of his or her office, establish any and all rules, regulations, policies, and standard operating procedures as he or she deems necessary for the proper and lawful operation of the Marshal’s Department and shall retain the absolute right and power to enforce such rules, regulations, policies, and standard operating procedures for the safety and welfare of the Department, the town, and the citizens in compliance with Indiana Code.
(9) The Marshal may create and establish a Reserve Marshal’s Department and appoint Reserve Duty Marshals to serve the town.
(I.C. 36-8-3-20)
(10) Establish rules, regulations, policies, applicant qualifications, standard operating procedures, and training requirements and any and all other related standards.
(11) The Marshal may appoint a Deputy Marshal to serve in a position as an Animal Control or Humane Officer in the town.
(I.C. 36-5-7-6(b) and I.C. 36-8-3-18)
(1992 Code, § 2-31) (Res. 92-05-12-01, § 1, passed - -1992; Am. Ord. 1037, passed 4-11-2000)
(B) Disciplinary measures. In addition to the disciplinary powers of the Safety Board, the Chief of the Department may, without a hearing, reprimand or suspend without pay, a member for a maximum of 5 working days. For the purposes of this section, 8 hours of paid time constitutes 1 working day. If a Chief reprimands a member in writing or suspends a member, the Chief shall, within 48 hours, notify the Safety Board in writing of the action and the reasons for the action. A member who is reprimanded in writing or suspended under this section may, within 48 hours after receiving notice of the reprimand or suspension, request in writing that the Board review the reprimand or suspension and either uphold or reverse the Chief’s decision. At its discretion, the Safety Board may hold a hearing during this review. If the Board holds a hearing, written notice must be given either by service upon the member in person or by a copy left at the member’s last and usual place of residence at least 14 days before the date set for the hearing. The notice must contain the information listed under I.C. 36-8-3 et seq. If the decision is reversed, the member who was suspended is entitled to any wages withheld as a result of the suspension.
(1992 Code, § 2-33) (Am. Ord. 1037, passed 4-11-2000)