(A) A member who is aggrieved by a decision of the Merit Commission to suspend him for a period greater than ten calendar days, demote him or dismiss him may appeal to the Henry Circuit or Superior Court.
(B) The appeal shall be made according to the Indiana Rules of Trial Procedure with the following exceptions:
(1) The verified appeal must be filed within 30 days after the date of the Board's decision.
(2) The city shall be named as the sole defendant.
(3) The city is assumed to have denied the allegations without filing a responsive pleading.
(4) The plaintiff must file a bond at the time of filing the complaint conditioned on the plaintiff prosecuting the appeal to a final determination and paying the court costs incurred in the appeal.
(5) Within 30 days after the service of summons the Commission shall file in court a complete transcript of all papers, entries and other parts of the record relating to the case.
(C) The appeal takes precedence over other litigation pending before the court.
(Ord. 2989, passed - -94)