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Home My WebLink About11165-24 Ordinance Adopting a Merit Board System Governing the South Bend Police Department ORD INANCE No . 11165-24 Passed by the Common Council of the City of South Bend, Indiana November 25, 20 24 Attest: City Clerk Bianca L. Tirado Attest: �.J k(CA President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana November 26, 20 24 City Clerk Bi nca L. Tirado Approved and signed by me frV 20 24 1 l rt,44r 2i"7"--- Ark......,./<i;or 7 4'• S0V- 4 c E„4 /vA \ .• C/� O . �{' arE O. 1..q.1. 1 •\%.„/865 ' SUBSTITUTE BILL NO. 65-24 ORDINANCE NO. 11165-24 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A MERIT BOARD SYSTEM GOVERNING THE SOUTH BEND POLICE DEPARTMENT STATEMENT OF PURPOSE AND INTENT The power of selection, appointment, promotion, demotion, disciplinary action, and dismissal of members of the City of South Bend Police Department has historically been delegated to the Board of Public Safety. The City of South Bend recommends the development of a police merit system whose oversight is delegated to a Police Merit Board. The Police Merit Board will assume the power of selection, appointment, promotion, demotion, disciplinary action, and dismissal of members of the City of South Bend Police Department. The establishment of a police merit system by ordinance is authorized by statute, specifically Indiana Code 36-1-4-14, and in relevant parts Indiana Code 36-8-3.5 et seq. Pursuant to Indiana Code, this Ordinance sets forth the City of South Bend's intent to establish a merit system as well as the requirements of the merit system. NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: CHAPTER 2- ADMINISTRATION ARTICLE 5- BOARDS AND COMMISSIONS Sec. 2-62 Police Merit Board Section I. Section 2-62 shall be added to Chapter 2, Article 5 of the City of South Bend Municipal Code as follows: Establishment of Police Merit System There is established for the City of South Bend Police Department a police merit system pursuant to I.C. § 36-1-4-14 and in relevant parts I.C. § 36-8-3.5-1. (a) The police merit system will be implemented through appointed and elected board members pursuant to I.C. § 36-8-3.5-1(f)with one-third(1/3)of its board members elected by the active members of the department. Elections shall be held pursuant to I.C. § 36-8- 3.5-8. 1. Each elected board member must be a person of good moral character who is not an active member of the police department. (b) The merit system will be known as the Police Merit Board ("Board"). (c) The merit system only applies to full-time sworn members of the Police Department except those in upper level policymaking positions. (d) All upper level policymaking positions shall only be appointed and removed by the city executive. (e) The Chief of Police has exclusive control of the police department subject to the rules and orders of the Board or the Board of Public Safety. Section II. Section 2-62.1 shall be added to Chapter 2, Article 5 of the City of South 1 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 sick time, but shall not include any other period of leave, any period of suspension, or any period of limited/light duty status). Each probationary police officer shall be evaluated quarterly during the officer's Probationary Period by the officer's immediate supervisor pursuant to the evaluation system provided for herein or as later adopted by the Police Chief, after consultation with the Police Department Merit Board. The appointment of a police officer to the Police Department shall become permanent when the officer's Probationary Period is successfully completed. While a police officer is in FTO or in a Probationary Period, the officer is an"at-will" employee who may be terminated with or without cause and without a hearing. (e) Merit Promotion System 1. There is hereby established a Police Department Merit Promotion System ("Merit Promotion System") that shall be administered in accordance with the Police Department's respective rules and regulations. The Merit Promotion System shall apply to all promotions of Police Department members to the ranks of Sergeant and Lieutenant only.The Chief of Police,after consultation with the Board and the local Fraternal Order of Police, shall set standards for merit promotion within the Department in conformity with similar standards of comparable police departments, and shall establish reasonable prerequisites of training, education and experience for each rank in their Department subject to the Merit Promotion System. 2. In determining the years of service for promotion eligibility, all time served by a member from the member's most recent date of appointment to the Department shall be considered.The Board shall resolve any issues relating to the determination of a member's years of service.A member may only be promoted to the next highest rank in conjunction with the Department's rules and regulations. 3. The Chief of Police, after consultation with the Board, shall establish process phases and procedures for use in selecting candidates for promotion to Sergeant and Lieutenant. The Chief of Police may use the services of professional consultants from outside the Department to assist them in developing and administering such process and procedures, which shall be established in conformity with standard psychometric procedures, equal opportunity laws and generally accepted standards for the Department. Such processes may include written examination, structured interviews, performance evaluations, and/or assessment-centered techniques, structured to accommodate the various rank levels. 4. The Chief of Police shall make promotions to ranks covered by the Merit Promotion System only after consultation with the Board. Such promotions shall be made to position vacancies identified and designated by the Chief In making these promotion decisions, the Chief shall promote those candidates who, in their opinion, after consultation with the Board, are best qualified for the position vacancies, based upon successful performance evaluated by the promotion procedures established under Police Department Merit System, and subject to and consistent with the needs of the Department, the City and applicable law. 5. All Merit Promotion System policies and procedures shall be made available to all Police Department members. (f) Evaluations. The Chief of Police, in consultation with the Board, has the sole authority to establish a written system for the evaluation of the work performance of each member of the Police Department. (g) Discipline 1. The Police Department and Board shall follow the substantive provisions and procedures set forth in I.C. 36-8-3-4 and I.C. 36-8-3-4.1, both as amended, when discipling any regular members of the Department, with the Board taking the role of the "safety board" for purposes thereof The procedures set forth in I.C. 36-8-3- 4 may be expended upon, but not limited by, written policies and procedures adopted by the Board. 2. The Chief of Police may discipline according to Indiana Code 36-8-3-4.1, as amended, following the provisions and procedures, with the Board taking the role of the"Safety board" for purposes thereof 3 3. Any hearing before the Board shall be an administrative hearing, shall be de novo and shall be a hearing of records. Section V. Section 2-62.4 shall be added to Chapter 2,Article 5 of the City of South Bend Municipal Code as follows: Rules (a) Within thirty(30)days after the Board is selected, it shall adopt governing rules, subject to applicable laws, statutes, and ordinances, for its own operation, including time and place of regular monthly meetings, special meetings that are necessary to transact the business of the Board. A majority of the Board constitutes a quorum, and a majority vote of all the board members is necessary to transact the Board's business. (b) Within ninety (90) days after the Board is selected, the Board shall adopt rules, including but not limited to: 1. Selection and appointment of persons subject to Department standards; 2. Promotions and demotions of members of the Department; and 3. Disciplinary action or dismissal of members of the Department. (c) The Board of Public Safety shall retain the power of selection, appointment, promotion, demotion, disciplinary action, and dismissal of members of the City of South Bend Police Department, pursuant to Indiana law, including but not limited to Indiana Code 36-8-3-3, 4, and 4.1, until the Police Merit Board has adopted rules for these powers. (d) The Board will follow I.C. 36-8-3.5-10 as it applies to a public hearing prior to adoption of the proposed rules. (e) No rule of the Board may supersede this ordinance. Section VI. This Ordinance shall be effective from and of the date of adoption by the Common Council and approval by the Mayor. 1/talf,y. Sh on L. Mar-de, Council President South Bend Common Council Attest: 4,401,--d (,,WeL) Bianca L. Tirado, City rk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the 26th day of November , 2024, at 12 o'clock p.m. _ctft,...cfrg,..p--- ..1((}„_,‘,....._./.7"-- Bian i L. Tirado, City C1er ??Office of the City Clerk (,� Approved and signed by me on the !lam day of N��u, r , 2024, at 1 o'clock f.m. AdfA_,___ Ja es Mueller, Mayor City of South Bend, Indiana 4