§ 33.51  DEPARTMENT MEMBERS AND CHIEF; TENURE AND APPOINTMENT.
   (A)   The Merit Commission may appoint and remove members of the Police Department, except for a member in an upper level policy making position.  The Mayor shall appoint and may remove a member in an upper level policy making position.
   (B)   To be appointed Chief or Assistant Chief of the Police Department, an application must meet the qualifications of IC 36-8-4-6.5.
   (C)   The removal of a member from an upper level policy making position is removal from rank only and not from the Department.  When the member is removed, he shall be appointed by the Commission to the rank in the Department that he held at the time of his upper level appointment or to any rank to which he had been promoted during his tenure in the upper level position.  If such a rank is not open in either case, the member is entitled to the pay of that rank and shall be promoted to that rank as soon as an opening is available.
(Ord. 2989, passed - -94)