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

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Bend Municipal Code as follows: Board Members (a) Initial appointments to the Board shall be made by and effective January 1, 2025. (b) The Board shall consist of five(5)members: 1. Two members (one-third (1/3) of the Board)must be elected by active members of the police department. 2. One member will be appointed by the Common Council. 3. Two members will be appointed by the Mayor. (c) Each year the Board shall select a president, vice president, and secretary. (d) Starting January 1,2025,one elected member and on Mayor appointed member shall serve for two years. All other Board members shall serve for five years. All Board members thereafter shall serve for five-year terms. (e) Each board member serves at the pleasure of the appointing or electing authority and may be removed at any time without cause or right to a hearing. To remove an elected member, a recall petition signed by a majority of the active members must be submitted to the Board. Section III. Section 2-62.2 shall be added to Chapter 2, Article 5 of the City of South Bend Municipal Code as follows: Budget and Records (a) The Board shall submit a proposed annual budget to the Common Council. (b) The Board shall keep a permanent record of its proceedings. Section IV. Section 2-62.3 shall be added to Chapter 2,Article 5 of the City of South Bend Municipal Code as follows: Powers and Duties (a) The Police Merit Board will have the power of initial appointment, promotion, demotion, discipline and dismissal of members of the police department. Assignment to non- supervisory positions is not a power of the Board. (b) The Police Merit Board adopts I.C. 36-8-3-3 (d) and(g), I.C. 36-8-3-4 and I.C. 36-8-3-4.1, all as amended, with the Board taking the role of"safety board" for purposes thereof. (c) Selection Appointment 1. All sworn members shall be appointed to the Police Department in accordance with the Department determined selection process and the merit system appointment procedures. 2. Any person who is a citizen of the United States, is at least 21 years of age and less than 40 years of age (unless otherwise eligible by law), has at least a high school diploma or equivalent, and has not been convicted within the past 20 years of a crime that is currently a felony under Indiana law, is eligible to apply to become a member of the Police Department. Each eligible applicant must meet and continue to meet all minimum fitness, medical, and psychological standards as adopted by the Department as a condition of employment with the Department. The Department shall develop such job-related minimum standards in order to meet applicable federal and state laws. 3. All applicants must pass a written examination that evaluates their aptitude and intellectual capacity required for work as a police officer, a job-related agility test, a structured oral interview process,and such other job-related tests and examination as may be required by the Chief of Police, prior to beginning work in the Department. (d) Probationary Period 1. The "Probationary Period" for a police officer newly appointed to the Police Department shall extend from the date the officer completes the South Bend Police Department Field Training Officer Program("FTO"), until such time as the officer has completed and performed one year of Active Duty in the South Bend Police Department. "Active Duty" shall mean the full duties and responsibilities required of a South Bend police officer and shall include Department approved training(not including FTO and any used vacation time, holiday time, bereavement time, and/or 2