HomeMy WebLinkAbout74-24 Ordinance Establishing a Merit Board System Governing the South Bend Fire Department (Substitute) 1200 COUNTY-CITY BUILDING ,;�'U PHONE 574/235-9241
227 W.JEFFERSON BOULEVARD p�� 8__ FAX 574/235-7670
SouTH BEND,INDIANA 46601-1830 TTY 574/235-5567
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/865
CITY OF SOUTH BEND JAMES MUD.J.FR,MAYOR
DEPARTMENT OF LAW
SANDRA KENNEDY JENNA K.THROW
CORPORATION COUNSEL CITY ATTORNEY
January 6,2025 Filed in Clerk's Office
South Bend Common Council
227 West Jefferson Blvd,Suite 441 S
South Bend,Indiana 46601 Bianca Tirado
City Clerk, South Bend, IN
Re: Substitute Ordinance Establishing a Fire Department Merit Commission
Honorable Council Members,
The South Bend Fire Department originally submitted a draft ordinance establishing a merit system
for the Fire Department pursuant to I.C. §36-8-3.5-1.The applicable statute states that the"merit system shall
be considered to be established by the ordinance ... that adopts all of the provisions applicable to the
establishing unit."A substitute ordinance is enclosed which better clarifies the responsibilities of the Board of
Public Safety under I.C.§36-8-3.5-8.Specifically,the substituted ordinance adds language stating that the Board
of Public Safety will establish procedures whereby the members of the fire department elect commissioners.
The added language clarifies that the Board of Public Safety has a role in the election process.
The South Bend Fire Department is requesting the Common Council's review and approval of the
enclosed substitute ordinance.
Thank you for your consideration.
Sincerely,
Adam E.Taylor
Assistant City Attorney
DANIELLE WEISS MICHAEL SCHMIDT KYLIE CONNELL THOMAS E.PANOWICZ
JESSICA MCLAIN ADAM E.TAYLOR JOHN DORBIN
Filed in Clerk's Office
SUBSTITUTE BILL NO. 74-24 , .N 6 .115
Bianca Tirado
ORDINANCE NO. City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, ESTABLISHING A MERIT BOARD SYSTEM GOVERNING
THE SOUTH BEND FIRE 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 Fire Department has historically been delegated
to the Board of Public Safety.
Following the enactment of I.C. 36-8-3.5 et seq., Fire Departments in Indiana are
required to establish a Merit Board for the purposes of selection, appointment, promotion,
demotion, disciplinary action, and dismissal of members of the City of South Bend Fire
Department.
If a merit system under I.C. 36-8-3.5 et seq. is not established or rejected by December
31, 2024 by the agreement of the active members of the Fire Department and the City of South
Bend, a merit system under I.C. 36-8-3.5 is established on January 1, 2025, as set forth in I.C.
36-8-3.5-5.5(f).
A merit system established under I.C. 36-8-3.5-5.5(f)must still be established by an
ordinance adopted by the legislative body of the municipality adopting the applicable provisions.
As a merit system is not expected to be established for the South Bend Fire Department
under either I.C. 36-8-3.5 or I.C. 36-1-4-14 on or before December 31, 2024, this ordinance is
intended to establish a merit system as set forth in I.C. 36-8-3.5-5.5(f).
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. The foregoing Recitals are incorporated herein by this reference.
SECTION II. Chapter 2, Article 5, Section 2-63, entitled "Fire Department Merit System", is
hereby added to the South Bend City Code and shall read as follows:
"Sec. 2-63. Fire Department Merit System"
Sec. 2-63 Establishment of Merit System.
(a) Pursuant to I.C., 36-8-3.5 et seq., a merit system is hereby established for the City of South
Bend Fire Department ("Department"). The merit system will be administered by a
Commission to be known as the South Bend Fire Department Merit Commission
("Commission"), pursuant to requirements set forth in I.C., 36-8-3.5 et seq. and this
Ordinance. Unless otherwise stated herein, the provisions of I.C., 36-8-3.5 et seq. will
govern the merit system and the Commission, as amended.
(b) Commissioners of the Merit Commission shall be appointed as set forth in I.C. 36-8-3.5-6,
as amended.
(c) The Board of Public Safety shall set the meeting, and establish applicable procedures, for
the election of Commissioners by the active members of the Fire Department as set forth in
I.C. 36-8-3.5-8, and is authorized to assist in the administration of the voting process in a
manner consistent with I.C. 36-8-3.5-8.
(d) 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 Fire
Department, pursuant to Indiana law, including but not limited to Indiana Code 36-8-3-3, 4,
and 4.1, until the Fire Merit Commission has adopted rules for these powers.
SECTION III. This Ordinance shall be effective from and of the date of adoption by the
Common Council, and approval by the Mayor.
Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
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 day of , 2025, at o'clock
.m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2025, at o'clock .m.
James Mueller, Mayor
City of South Bend, Indiana
Filed in Clerk's Office
J A IV U 6 'P.5
SUBSTITUTE BILL NO. 74-24 Bianca Tirado
City Clerk, South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA,ESTABLISHING A MERIT BOARD SYSTEM GOVERNING
THE SOUTH BEND FIRE 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 Fire Department has historically been delegated
to the Board of Public Safety.
Following the enactment of I.C. 36-8-3.5 et seq., Fire Departments in Indiana are
required to establish a Merit Board for the purposes of selection, appointment,promotion,
demotion, disciplinary action, and dismissal of members of the City of South Bend Fire
Department.
If a merit system under I.C. 36-8-3.5 et seq. is not established or rejected by December
31, 2024 by the agreement of the active members of the Fire Department and the City of South
Bend, a merit system under I.C. 36-8-3.5 is established on January 1, 2025, as set forth in I.C.
36-8-3.5-5.5(0.
A merit system established under I.C. 36-8-3.5-5.5(f)must still be established by an
ordinance adopted by the legislative body of the municipality adopting the applicable provisions.
As a merit system is not expected to be established for the South Bend Fire Department
under either I.C. 36-8-3.5 or I.C. 36-1-4-14 on or before December 31, 2024,this ordinance is
intended to establish a merit system as set forth in I.C. 36-8-3.5-5.5(f).
NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. The foregoing Recitals are incorporated herein by this reference.
SECTION II. Chapter 2, Article 5, Section 2-63, entitled "Fire Department Merit System", is
hereby added to the South Bend City Code and shall read as follows:
"Sec. 2-63.Fire Department Merit System"
Sec. 2-63 Establishment of Merit System.
(a) Pursuant to I.C., 36-8-3.5 et seq., a merit system is hereby established for the City of South
Bend Fire Department ("Department"). The merit system will be administered by a
Commission to be known as the South Bend Fire Department Merit Commission
("Commission"), pursuant to requirements set forth in I.C., 36-8-3.5 et seq. and this
Ordinance. Unless otherwise stated herein, the provisions of I.C., 36-8-3.5 et seq. will
govern the merit system and the Commission, as amended.
(b) Commissioners of the Merit Commission shall be appointed as set forth in I.C. 36-8-3.5-6,
as amended.
(c) The Board of Public Safety shall set the meeting, and establish applicable procedures, for
the election of Commissioners by the active members of the Fire Department as set forth in
I.C. 36-8-3.5-8, and is authorized to assist in the administration of the voting process in a
manner consistent with I.C. 36-8-3.5-8.
(d) 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 Fire
Department,pursuant to Indiana law, including but not limited to Indiana Code 36-8-3-3,4,
and 4.1, until the Fire Merit Commission has adopted rules for these powers.
SECTION III. This Ordinance shall be effective from and of the date of adoption by the
Common Council, and approval by the Mayor.
Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
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 day of , 2025, at o'clock
.m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2025, at o'clock .m.
James Mueller,Mayor
City of South Bend, Indiana
1200 COUNTY-CITY BUILDING 8F PHONE 574/235-9241
227 W.JEFFERSON BOULEVARD o`� '4p FAX 574/235-7670
SOUTH BEND,INDIANA 46601-1830 ,�� _ S TTY 574/235-5567
1865
CITY OF SOUTH BEND JAMES MUM,I.FR,MAYOR
DEPARTMENT OF LAW
SANDRA KENNEDY JENNA K.THROW
CORPORATION COUNSEL CITY ATTORNEY
December 4, 2024
Filed in Clerk's Office
South Bend Common Council
227 West Jefferson Blvd,Suite 441 S DEL 0 4 2024
South Bend,Indiana 46601
Bianca Tirado
Re:Proposed Ordinance Establishing a Merit Board City Clerk, South Bend, IN
Honorable Council Members,
The South Bend Fire Department is requesting the Council to approve an ordinance establishing a
merit system for the Fire Department pursuant to I.C. § 36-8-3.5-1. A merit system has authority over
appointment, promotion, demotion, disciplinary action, and dismissal of members of the department. The
applicable statute states that a merit system is established effective January 1,2025,unless rejected by December
31,2024 both by an ordinance and by the members of the department.Given the support of Local 362 for the
statutory merit system,the Fire Department and Union have opted to follow the state statute.
The applicable statute further states that the"merit system shall be considered to be established by the
ordinance ... that adopts all of the provisions applicable to the establishing unit." The South Bend Fire
Department is requesting the Common Council's review and approval of the enclosed draft ordinance,which
both codifies the reference to the applicable merit system statutes and clarifies the role of the Board of Public
Safety after January 1,2025.
I request that this bill be placed for first reading on December 9,2024 and for second and third reading
on January 13,2025.
Thank you for your consideration.
Sincerely,
is'ia(/(- )1'g. 7-7(,-,--
Adam E.Taylor
Assistant City Attorney
DANIELLE WEISS MICHAEL SCHMIDT KYLIE CONNELL THOMAS E.PANOWICZ
JESSICA MCLAIN ADAM E.TAYLOR JOHN DORBIN
Filed in Clerk's Office
BILL NO. 74-24 Bianca Tirado
City Clerk, South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, ESTABLISHING A MERIT BOARD SYSTEM GOVERNING
THE SOUTH BEND FIRE 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 Fire Department has historically been delegated
to the Board of Public Safety.
Following the enactment of I.C. 36-8-3.5 et seq., Fire Departments in Indiana are
required to establish a Merit Board for the purposes of selection, appointment, promotion,
demotion, disciplinary action, and dismissal of members of the City of South Bend Fire
Department.
If a merit system under I.C. 36-8-3.5 et seq. is not established or rejected by December
31, 2024 by the agreement of the active members of the Fire Department and the City of South
Bend, a merit system under I.C. 36-8-3.5 is established on January 1, 2025, as set forth in I.C.
36-8-3.5-5.5(f).
A merit system established under I.C. 36-8-3.5-5.5(f) must still be established by an
ordinance adopted by the legislative body of the municipality adopting the applicable provisions.
As a merit system is not expected to be established for the South Bend Fire Department
under either I.C. 36-8-3.5 or I.C. 36-1-4-14 on or before December 31, 2024, this ordinance is
intended to establish a merit system as set forth in I.C. 36-8-3.5-5.5(f).
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. The foregoing Recitals are incorporated herein by this reference.
SECTION II. Chapter 2, Article 5, Section 2-63, entitled "Fire Department Merit System", is
hereby added to the South Bend City Code and shall read as follows:
"Sec.2-63. Fire Department Merit System"
Sec. 2-63 Establishment of Merit System.
(a) Pursuant to I.C., 36-8-3.5 et seq., a merit system is hereby established for the City of South
Bend Fire Department ("Department"). The merit system will be administered by a
Commission to be known as the South Bend Fire Department Merit Commission
("Commission"), pursuant to requirements set forth in I.C., 36-8-3.5 et seq. and this
Ordinance. Unless otherwise stated herein, the provisions of I.C., 36-8-3.5 et seq. will
govern the merit system and the Commission, as amended.
(b) Commissioners of the Merit Commission shall be appointed as set forth in I.C. 36-8-3.5-6,
as amended.
(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 Fire
Department,pursuant to Indiana law,including but not limited to Indiana Code 36-8-3-3,4,
and 4.1, until the Fire Merit Commission has adopted rules for these powers.
SECTION III. This Ordinance shall be effective from and of the date of adoption by the
Common Council, and approval by the Mayor.
Sharon McBride, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
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 day of ,2024, at o'clock
.m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2024, at o'clock .m.
James Mueller, Mayor
City of South Bend, Indiana