|
MAY 21, 2025 43
<br />RESOLUTION NO. 4-2025
<br />A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE
<br />CITY OF SOUTH BEND RELINQUISHING CERTAIN AUTHORITY TO
<br />THE SOUTH BEND FIRE DEPARTMENT MERIT COMMISSION
<br />
<br /> WHEREAS, the South Bend Board of Public Safety (“Board”) exists and operates pursuant
<br />to Ind. Code § 36-4-9-5 and Ind. Code § 36-8-3-2 and has historically exercised exclusive control
<br />over all matters relating to the City of South Bend Fire Department (the “Fire Department”),
<br />including selection, appointment, promotion, demotion, disciplinary action, and dismissal of
<br />members of the Fire Department; and
<br /> WHEREAS, a merit system has recently been established for the Fire Department under
<br />I.C. 36-8-3.5, which is called the South Bend Fire Department Merit Commission
<br />(“Commission”); and
<br />
<br /> WHEREAS, upon the selection of the Commission members and the formal adoption of
<br />rules and policies governing the Commission’s work, the Commission will assume primary
<br />authority for the selection, promotion, demotion, disciplinary action, and dismissal of members of
<br />the Fire Department; and
<br />
<br /> WHEREAS, on December 18, 2024, the Board adopted Resolution No. 05-2024, which
<br />determined that until such time as the Commission could assume its responsibilities, the Board of
<br />Public Safety would retain authority over selection, appointment, promotion, demotion,
<br />disciplinary action, and dismissal of members of the Fire Departments; and
<br />
<br /> WHEREAS, Commission members have been selected, and at the Commission’s last
<br />meeting on May 14, 2025, it formally adopted rules and policies governing its work; and
<br />
<br />WHEREAS, the Commission is now ready to assume primary authority for the selection,
<br />promotion, demotion, disciplinary action, and dismissal of members of the Fire Department and
<br />the Board desires to now formally relinquish its authority over such areas to the Commission.
<br />
<br /> NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC SAFETY OF
<br />THE CITY OF SOUTH BEND:
<br />
<br />1. The Board of Public Safety hereby relinquishes its authority over the selection,
<br />appointment, promotion, demotion, disciplinary action, and dismissal of members of Fire
<br />Department to the South Bend Fire Department Merit Commission.
<br />
<br />2. Upon adoption of this Resolution, the Board of Public Safety will no longer address
<br />any new matters of selection, appointment, promotion, demotion, disciplinary action, and
<br />dismissal of members.
<br />
<br />3. Any matters that are in a pending status before the Board but that have not had final
<br />action taken may, in the discretion of the Fire Department, be retained by the Board until final
<br />action is taken or transferred to the Merit System for final action.
<br />
<br />4. All other authority granted to the Board under Ind. Code § 36-4-9-5 and Ind. Code
<br />§ 36-8-3-2 not relinquished to the Commission shall be retained by the Board.
<br />
<br />5. This Resolution will be in full force and effect upon its adoption.
<br />
<br />s/Daniel Jones, President
<br />s/Darryl Heller, Member
<br />s/Lee Ross, Member
<br /> s/Alfred Kirsits, Member
<br /> s/Pamela Claeys, Member
<br />
<br /> ATTEST:
<br /> s/Theresa Heffner/Clerk
<br />
|