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SUBSTITUTE BILL NO. 74-24
<br /> ORDINANCE NO. 11174-24
<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 /> ("Commission"), pursuant to requirements set forth in I.C., 36-8-3.5 et seq. and this
<br /> Ordinance. Unless otherwise stated herein, the provisions of I.C., 36-8-3.5 et seq. will
<br /> govern the merit system and the Commission, as amended.
<br /> (b) Commissioners of the Merit Commission shall be appointed as set forth in I.C. 36-8-3.5-6,
<br /> as amended.
<br /> (c) The Board of Public Safety shall set the meeting, and establish applicable procedures, for
<br /> the election of Commissioners by the active members of the Fire Department as set forth in
<br /> I.C. 36-8-3.5-8, and is authorized to assist in the administration of the voting process in a
<br /> manner consistent with I.C. 36-8-3.5-8.
<br /> (d) The Board of Public Safety shall retain the power of selection, appointment, promotion,
<br /> demotion, disciplinary action, and dismissal of members of the City of South Bend Fire
<br /> Department,pursuant to Indiana law, including but not limited to Indiana Code 36-8-3-3,4,
<br /> and 4.1, until the Fire Merit Commission has adopted rules for these powers.
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