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74-24 Ordinance Establishing a Merit Board System Governing the South Bend Fire Department (Substitute)
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74-24 Ordinance Establishing a Merit Board System Governing the South Bend Fire Department (Substitute)
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1/9/2025 10:56:29 AM
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12/16/2024 12:31:08 PM
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Filed in Clerk's Office <br /> SUBSTITUTE BILL NO. 74-24 , .N 6 .115 <br /> Bianca Tirado <br /> ORDINANCE NO. City Clerk, South Bend, IN <br /> AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF <br /> SOUTH BEND, INDIANA, ESTABLISHING A MERIT BOARD SYSTEM GOVERNING <br /> THE SOUTH BEND FIRE DEPARTMENT <br /> STATEMENT OF PURPOSE AND INTENT <br /> The power of selection, appointment, promotion, demotion, disciplinary action, and <br /> dismissal of members of the City of South Bend Fire Department has historically been delegated <br /> to the Board of Public Safety. <br /> Following the enactment of I.C. 36-8-3.5 et seq., Fire Departments in Indiana are <br /> required to establish a Merit Board for the purposes of selection, appointment, promotion, <br /> demotion, disciplinary action, and dismissal of members of the City of South Bend Fire <br /> Department. <br /> If a merit system under I.C. 36-8-3.5 et seq. is not established or rejected by December <br /> 31, 2024 by the agreement of the active members of the Fire Department and the City of South <br /> Bend, a merit system under I.C. 36-8-3.5 is established on January 1, 2025, as set forth in I.C. <br /> 36-8-3.5-5.5(f). <br /> A merit system established under I.C. 36-8-3.5-5.5(f)must still be established by an <br /> ordinance adopted by the legislative body of the municipality adopting the applicable provisions. <br /> As a merit system is not expected to be established for the South Bend Fire Department <br /> under either I.C. 36-8-3.5 or I.C. 36-1-4-14 on or before December 31, 2024, this ordinance is <br /> intended to establish a merit system as set forth in I.C. 36-8-3.5-5.5(f). <br /> NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, <br /> Indiana, as follows: <br /> SECTION I. The foregoing Recitals are incorporated herein by this reference. <br /> SECTION II. Chapter 2, Article 5, Section 2-63, entitled "Fire Department Merit System", is <br /> hereby added to the South Bend City Code and shall read as follows: <br /> "Sec. 2-63. Fire Department Merit System" <br /> Sec. 2-63 Establishment of Merit System. <br /> (a) Pursuant to I.C., 36-8-3.5 et seq., a merit system is hereby established for the City of South <br /> Bend Fire Department ("Department"). The merit system will be administered by a <br /> Commission to be known as the South Bend Fire Department Merit Commission <br />
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