11165-24 Ordinance Adopting a Merit Board System Governing the South Bend Police Department

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SUBSTITUTE BILL NO. 65-24 ORDINANCE NO. 11165-24 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A MERIT BOARD SYSTEM GOVERNING THE SOUTH BEND POLICE DEPARTMENT STATEMENT OF PURPOSE AND INTENT The power of selection, appointment, promotion, demotion, disciplinary action, and dismissal of members of the City of South Bend Police Department has historically been delegated to the Board of Public Safety. The City of South Bend recommends the development of a police merit system whose oversight is delegated to a Police Merit Board. The Police Merit Board will assume the power of selection, appointment, promotion, demotion, disciplinary action, and dismissal of members of the City of South Bend Police Department. The establishment of a police merit system by ordinance is authorized by statute, specifically Indiana Code 36-1-4-14, and in relevant parts Indiana Code 36-8-3.5 et seq. Pursuant to Indiana Code, this Ordinance sets forth the City of South Bend's intent to establish a merit system as well as the requirements of the merit system. NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: CHAPTER 2- ADMINISTRATION ARTICLE 5- BOARDS AND COMMISSIONS Sec. 2-62 Police Merit Board Section I. Section 2-62 shall be added to Chapter 2, Article 5 of the City of South Bend Municipal Code as follows: Establishment of Police Merit System There is established for the City of South Bend Police Department a police merit system pursuant to I.C. § 36-1-4-14 and in relevant parts I.C. § 36-8-3.5-1. (a) The police merit system will be implemented through appointed and elected board members pursuant to I.C. § 36-8-3.5-1(f)with one-third(1/3)of its board members elected by the active members of the department. Elections shall be held pursuant to I.C. § 36-8- 3.5-8. 1. Each elected board member must be a person of good moral character who is not an active member of the police department. (b) The merit system will be known as the Police Merit Board ("Board"). (c) The merit system only applies to full-time sworn members of the Police Department except those in upper level policymaking positions. (d) All upper level policymaking positions shall only be appointed and removed by the city executive. (e) The Chief of Police has exclusive control of the police department subject to the rules and orders of the Board or the Board of Public Safety. Section II. Section 2-62.1 shall be added to Chapter 2, Article 5 of the City of South 1