07/09/08 Board of Public Safety Minutes

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RESOLUTION NO. 46-2008 A RE SOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, MODIFYING ITS LEAVE OF ABSENCE POLICY WHEREAS, the Board of Public Safety of the City of South Bend, Indiana, has since February 26, 1980 a Leave of Absence Policy; and WHEREAS, the General Assembly • the State • Indiana earlier this year modified the criteria under which a Board of Public Safety can and must grant a leave of absence. NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Safety of the City of South Bend, Indiana, that: Definitions and Principles 2. MEMBER - shall mean an individual appointed to the Fire or Police Department by the Board of Public Safety and sworn in, but does not include the Police Chief or Fire Chief. 3. ON-DUTY INJURY - is an occurrence which inflicts injury to a member while the individual is performing duties required by his/her position, and which renders the individual unable to perform the duties of his/her primary assignment. 4. OFF-DUTY INJURY - is an occurrence which inflicts harm on a member during the individual's off duty hours and which renders the individual unable op the duties • his/her primary assignment. 5. SPECIAL DUTY - is an existing assignment or a bonafide need for services within the Department as determined by the Chief. It is not a position or activity which is created in order to provide suitable duty for an injured member. 6. DISABILITY - is an impairment that permanently renders a member unable to perform one or more of the essential function of the member's duties, considering reasonable accommodation to the extent required by the Americans With Disabilities Act. It does not include impairments specifically excluded by I.C. 36-8-8-12.3(b). 7. SICKNESS - is a temporary condition caused by disease or accident which renders the member unable to perform the essential job functions of his position in the department. 8. WORKING DAY — If the member is not a firefighter with a twenty-four (24) hour assignment, this means a date assigned to work as part of the member's regular work, schedule. If the member is a firefighter on a twenty-four (24) hour assignment, working day shall mean each calendar day on which he/she works as part of a regular assignment. I.C. 36-8-4-5 regulates the provision of medical coverage and related care for on-duty injuries but does not address medical leave or pay status.