The Town Board of Metropolitan Police Commissioners be created pursuant to the provisions of I.C. 36-8-9-1 et seq., as amended from time to time and that the conduct of the Town Board of Metropolitan Police Commissioners be as follows.
(A) The Town Council now abolishes the Office of Town Marshal, effective 12-31-2014.
(B) The Town Council hereby establishes the Town Board of Metropolitan Police Commissioners (hereinafter referred to as “the Board”).
(C) The Board shall consist of five members. Not more than three Board members may be members of the same political party.
(D) Each Board member must be a resident of the Town.
(E) The Town Council shall appoint each member of the Board.
(F) The term of each Board member expires January 1 of the third year after the Board member’s appointment; except that, with the appointment of the first Board, one member shall be appointed for a term of one year, two members shall be appointed for a term of two years and two members shall be appointed for a term of three years.
(G) The Board shall make a recommendation to the Town Council for the appointment of the Chief of Police for each calendar year.
(H) The Board shall elect officers at the first regularly scheduled meeting of the new year. Said officers shall be a President, Vice President and Secretary.
(I) The Town Attorney shall serve as attorney for the Board unless circumstances require the employment of a separate attorney.
(J) The Board Secretary shall prepare minutes of each Board meeting and said minutes shall be approved at the next scheduled Board meeting.
(K) The Board shall meet a minimum of four times per year with proper publication of notice of the meetings as legally required.
(L) The Town Council may remove a Board member for any cause that the Town Council considers sufficient.
(M) The Town Council may not appoint a police officer employed by the Town to serve on the Board.
(N) Members of the Town Council may serve as members of the Board. The Board may consist of five members of the Town Council.
(O) A Board member vacates his or her position on the Board when said Board member is no longer a member of the Town Council.
(P) A Board member who is also a member of the Town Council may not receive compensation as a Board member. The salary of any Board member who is not a member of the Town Council shall be set by the Town Council and funds appropriated therefor.
(Q) A Board member who is also a member of the Town Council is not required to post a bond.
(R) Before performing any function of a Board member, an individual shall take and subscribe an oath or affirmation before the Circuit Court Clerk of the county that each appointment or removal made by the Board to or from the Police Department under this section will be based upon the fitness of the person and that no Board member will appoint or remove a member of the Police Department because of the political affiliation of the person or for any other improper reason.
(S) The Board may appoint, subject to the qualifications for employment determined by the Board and approved by the Town Council, as many persons as necessary to serve in the Police Department of the Town. One person shall be appointed to serve as the Chief of Police. The Board may also employ other employees that are necessary to carry on the work of the Police Department.
(T) The Board may recommend, and the Town Council shall determine, the compensation to be paid to members of the Police Department in amounts that are just and reasonable.
(U) All persons appointed to be members of or employed by the Police Department must be of good moral character and serve only during good behavior.
(V) The Board constitutes the safety board of the Town for purposes of the suspension, demotion or dismissal of any member of the Town Police Department. Proceedings for the suspension, demotion or dismissal of any member of the Police Department shall be conducted in the manner prescribed by I.C. 36-8-3-4. The disciplinary provisions of I.C. 36-8-3-4.1 also apply to the Safety Board and the Chief of Police.
(W) The Board may make general and special rules for the government and discipline of the Town Police Department and may make special and general orders to the Department through the Chief of Police, who is the executive head of the Police Department.
(X) The Town Council shall appropriate a sum sufficient to pay the salaries of the members of the Town Police Department.
(Y) The operation, management and control of the Town Police Department is governed by statutes applicable to the management and control of other municipal police departments if those statutes are consistent with this section.
(Z) The members of the Town Police Department may exercise all powers granted to members of police departments by other statutes. The members of the Town Police Department are entitled to all the rights, powers and privileges granted by statute to members of other police departments.
(AA) The Board may provide that all appointments to the Town Police Department are probationary for a period not to exceed one year. If the Board finds, upon recommendation of the Chief of the Department, during the probationary period, that the conduct or capacity of a member is not satisfactory, the Board shall notify the member in writing that the member is being suspended or that the member will not receive a permanent appointment. If a member is notified that the member will not receive a permanent appointment, the member’s employment immediately ceases. Otherwise, at the expiration of the probationary period, the probationary member is considered regularly employed.
(BB) The Town is responsible for the payment of expenses incurred by a full time paid police office of the Town who suffers an injury or contracts an illness during the performance of the offices duty pursuant to the provisions of I.C. 36-8-9-8.
(CC) The Town shall provide each active member of the Town Police Department with body armor for the torso. The Town shall replace the body armor for the torso according to the replacement recommended by the manufacturer of the body armor for the torso. An active member of the Police Department of the Town shall not be required to pay for maintenance of the body armor for the torso furnished by the Town. Body armor for the torso provided by the Town remains the property of the Town. The Town may sell the body armor when it becomes unfit for use and all money received shall be paid into the General Fund of the Town.
(DD) A member of the Town Police Department retiring in good standing with 20 years of service as a member of the Department shall be entitled to keep as their own separate property their service weapon used while employed by the Department.
(Ord. 2014-16, passed 12-15-2014; Res. 2020-21, passed 7-20-2020)