(A) The commission may take the following disciplinary actions against a regular member of the department:
(1) Suspension with or without pay.
(2) Demotion of Rank and reduction of pay.
(3) Dismissal.
(4) Letter of reprimand.
(B) A member may be disciplined by the commission in accordance with the Rules and Regulations of the Commission.
(C) If the chief, or the commission, or a commission member prefers charges, in writing, against a member of the department for an alleged breach of discipline a hearing shall be conducted. The hearing shall be held within 30 days. The commission may hold the hearing or designate a person or board to conduct the hearing. The commission shall by its rules and regulations adopt procedures for bringing charges against a member.
(D) Written notice of the hearing shall be served upon the accused member in person or by a copy left at his last and usual place of residence. The notice shall state:
(1) The time and place of the hearing;
(2) The charges against the member;
(3) The specific conduct that comprises the charges;
(4) That the member is entitled to be represented by counsel or another representative of his choice;
(5) That the member is entitled to call and cross-examine witnesses;
(6) The member is entitled to require the production of evidence; and
(7) That the member is entitled to have subpoenas issued, served, and executed.
(8) If the accused member does not attend the hearing, it may be conducted in his absence.
(E) The commission may:
(1) Compel the attendance of any witnesses by issuing orders to members, and/or subpoenas;
(2) Examine witnesses under oath;
(3) Order the production of witnesses, tapes, books, papers, and any and all other evidence by issuing subpoenas.
(F) If a witness refuses to appear at a hearing of the commission after having received written notice requiring his attendance, or refuses to produce evidence that the commission requests by written notice, the commission may file an affidavit in the circuit court of the county setting forth the facts of the refusal. Upon the filing of the affidavit, a summons shall be issued from the circuit court and served by the sheriff of the county requiring the appearance of the witness or the production of information or evidence to the commission.
(G) Disobedience of a summons constitutes contempt of the circuit court from which the summons has been issued. Expenses related to the filing of the affidavit and the issuance and service of a summons shall be charged to witness against whom the summons has been issued, unless the circuit court finds that the action of the witness was taken in good faith and with reasonable cause. In that case, and in any case in which an affidavit has been filed without the issuance of a summons, the expenses shall be charged to the commission.
(H) A decision to discipline a member may be made only if the preponderance of the evidence presented at the hearing indicates such a course of action.
(I) A member who is aggrieved by the decision of a person, board designee, or the commission may appeal to the commission within ten calendar days of the decision. The commission shall on appeal review the record and either affirm, modify, or reverse the decision on the basis of the record and such oral or written testimony that the commission determines, including additional or newly discovered evidence.
(J) The commission, or the designated person or board, shall keep a record of the proceedings in cases of suspension, demotion, or dismissal. The commission shall give a free copy of the transcript to the member upon request if an appeal is filed.
(K) A member who aggrieved by a decision of the commission to suspend him for a period greater than ten working days, demote him, or dismiss him may appeal, to the circuit or superior court of the country in which the unit is located.
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 calendar days after the date of the commission's decision.
(2) The unit shall be named as the sole defendant.
(3) The unit 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 cost incurred in the appeal.
(Ord. 14-96, passed 5-13-96)