(A) Conduct of non-disciplinary meetings in general. The President of the Board shall preside over and conduct all non-disciplinary meetings of the Board. He or she shall be responsible for the presentation of all business to the Board at all such meetings. Any business may be continued, in whole or in part, to the next meeting of the Board. To the extent that the conduct of meetings of the Board is not prescribed by statutes of the state or the ordinances of the county, the rules of the parliamentary procedure known as Robert’s Rules of Order shall govern the conduct of all Board meetings. The President’s interpretation of said rules shall prevail.
(B) Disciplinary hearings; charges a jurisdictional prerequisite. The Board shall not hold a hearing to dismiss, demote, or temporarily suspend any county police officer until the President has received two written copies of the charges preferred by the Sheriff against such officer. The charges shall be in sufficient detail to inform the Board of the officer’s alleged misconduct, and to enable the accused officer to adequately prepare his or her defense. Such charges shall also be accompanied by a summary of supporting evidence. As a matter of convenience to the Sheriff, he or she should prepare three copies of any charges and summaries of supporting evidence, and retain one copy for himself or herself. The Board shall establish and approve the forms to be used for the preferring of charges and for the summary of supporting evidence.
(C) Disciplinary hearings; notice. Upon receipt of two copies of the charges and summaries of supporting evidence, the President of the Board shall set a date, time, and place for the disciplinary hearing, and shall deliver written notice thereof to the Sheriff and to the officer charged. The officer’s notice shall be sent by certified mail, and one copy each of the charges and summary of supporting evidence shall be submitted therewith. The Board shall establish and approve the form of the notice to be sent out.
(I.C. 36-8-10-11(a))
(D) Disciplinary hearings; time. Such hearings shall be held as soon as possible after the Board’s receipt of the two copies of the charges and summaries of supporting evidence preferred by the Sheriff, but such hearings shall not be held not less than ten days, nor more than 30 days, after such receipt, except upon a showing or finding of good cause for setting a hearing date outside those limits.
(E) Disciplinary hearings; basic procedure.
(1) The President of the Board shall preside over all disciplinary hearings falling within the jurisdiction conferred on the Board by I.C. 36-8-10-11 and § 14 of the ordinance codified herein. However, the President, at his or her discretion, may appoint another person to preside over any such hearing. Such hearings shall follow the usual procedure of the state trial courts concerning arraignment, opening statements, presentation of evidence, rebuttal, and arguments, except that the Board, at the direction of the presiding officer, may accept evidence not necessarily admissible in the state trial courts.
(2) Pursuant to I.C. 36-8-10-11(d) and § 14 of the ordinance codified herein, the Board shall have subpoena powers, enforceable by the County Circuit Court, which may be exercised in connection with any and all disciplinary hearings before it.
(F) Disciplinary hearings; public hearing. In order to afford the accused officer a public hearing, the Board shall be obliged to comply with the requirements of the State Open Door Law, being I.C. 5-14-1.5-1 et seq., with respect to all disciplinary hearings.
(I.C. 36-8-10-11(a), 5-14-1.5)
(G) Disciplinary hearings; right to counsel. In accordance with I.C. 36-8-10-11(a), the accused officer may be represented by counsel. The Sheriff, or other person appointed by him or her, shall present the evidence against the accused officer.
(H) Disciplinary hearings; order and findings of fact. The final decision of the Board shall be made in the form of an order either dismissing the charges or, if the Board finds that there is substantial evidence to support the charges, specifying the sanction(s) to be imposed. The Board shall make specific findings of fact, in writing, in support of its order.
(I.C. 36-8-10-11(b))
(I) Disciplinary hearings; political activity. No member of the County Police Force or the County Sheriff’s Department shall be dismissed, demoted, or temporarily suspended because of his or her political affiliation, except that such member may not solicit votes or campaign funds for himself or herself, or others, while in uniform or on duty.
(I.C. 36-8-10-11(c))
(Council Ord. 87-1, passed 1-20-1987)