HomeMy WebLinkAbout11-20-2024 Indiana Statutory Police Merit Board System Filed in Clerk's Office
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Bianca Tirado
City Clerk, South Bend, IN
Indiana
Current System for Administration of Police
Fire Departments
Board of Public Safety
1 ) Five (5) members
2) Appointed by Mayor
3) Responsible for appointments, promotions, discipline & policies
System Under Recent State Statute
Four (4) options for Council and active members of police and/or fire
departments
Option 1 : Do nothing
Option 2: Pass ordinance or resolution establishing merit system
Option 3 : Pass ordinance or resolution rejecting establishment of merit
Option 4: Pass ordinance establishing merit system under existing state statute
Option i: Do nothing
a) If a merit system is not established or rejected by an ordinance or resolution AND approved by
majority vote of active members of the department, the state statute automatically applies to create
a merit system effective January 1, 2025.
i.) Rules for department established by Indiana legislature, not locally.
ii.) Mandatory-Merit Commission consists of five (5) members
• Two (2) persons of different political parties appointed by the Mayor
• One (1) person appointed by the Common Council
• Two (2) persons of different political parties elected by the active members of the
department
b) Doing nothing includes passing an ordinance or resolution that is not approved by majority of
active members of the department
Option ordinance or resolution1 •
merit system
a) Establishment of merit system requires ordinance or resolution passed by Common
Council AND approved by majority vote of active members of department
b) Active members of department must have at least three (3) weeks' notice between
passage of ordinance or resolution and vote
c) Local merit commission establishes any rules that are not mandatory under state
statute
d) Mandatory - Merit Commission consists of five (5) members
• Two (2) persons of different political parties appointed by the Mayor
• One (1) person appointed by the Common Council
• Two (2) persons of different political parties elected by the active members of the
department
Option 3: Pass ordinance or resolutionrejecting
establishmentof merit system
a) Rejection of merit system requires ordinance or resolution passed
Common Council AND approved by majority vote of active members of
department
b) Active members of department must have at least three (3) weeks'
notice between passage of ordinance or resolution and vote
c) Results in continuation of current system
d) If majority of active members vote to reject the merit system, another
proposal may not be put to a vote within one (1) year after meeting is held
establishingOption 4: Pass ordinance
merit system
under existing state statute
a) Establish merit system without all the requirements of new statute
b) No requirement for vote by active members of department
c) No requirement for members of different political parties
d) No mandatory number of commission members
e) Mandatory: must include a provision under which the commission, or governing board of the
merit system, has at least one-third (1/3) of its members elected by the active members of the
department
f) Mandatory: If a medical director takes certain actions against a certified employee, the medical
director shall provide to the certified employee and to the chief of the certified employee's
department a written explanation of the reasons for the action taken by the medical director