2014 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 8. PUBLIC SAFETY CHAPTER 3. SAFETY BOARDS; DISCIPLINARY PROCEDURES
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IC 36-8-3
Chapter 3. Safety Boards; Disciplinary Procedures
IC 36-8-3-1
Application of chapter
Sec. 1. This chapter applies to second and third class cities. It also
applies to other units, where specifically indicated.
As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1981,
P.L.44, SEC.55.
IC 36-8-3-2
Powers and duties of safety boards
Sec. 2. (a) The safety board of a city shall administer the police
and fire departments of the city, except as provided by any statute or
ordinance referred to in section 5 of this chapter.
(b) The safety board has exclusive control over all matters and
property relating to the following:
(1) Police department.
(2) Fire department, fire alarms, and fire escapes.
(3) Animal shelters.
(4) Inspection of buildings.
(c) The safety board may purchase the equipment and supplies and
make the repairs needed in the department of public safety.
(d) The safety board may:
(1) adopt rules for the government and discipline of the police
and fire departments; and
(2) adopt general and special orders to the police and fire
departments through the chiefs of the departments.
As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1982,
P.L.33, SEC.35.
IC 36-8-3-3
Organization of safety boards; appointment of police officers,
firefighters, and other officials
Sec. 3. (a) A majority of the members of the safety board
constitutes a quorum. The board shall adopt rules concerning the time
of holding regular and special meetings and of giving notice of them.
The board shall elect one (1) of its members chairman, who holds the
position as long as prescribed by the rules of the board. The board
shall record all of its proceedings.
(b) The members of the safety board may act only as a board. No
member may bind the board or the city except by resolution entered
in the records of the board authorizing the member to act in its behalf
as its authorized agent.
(c) The safety board shall appoint:
(1) the members and other employees of the police department
other than those in an upper level policymaking position;
(2) the members and other employees of the fire department
other than those in an upper level policymaking position;
(3) a market master; and
(4) other officials that are necessary for public safety purposes.
(d) The annual compensation of all members of the police and fire
departments and other appointees shall be fixed by ordinance of the
legislative body not later than November 1 of each year for the
ensuing budget year. The ordinance may grade the members of the
departments and regulate their pay by rank as well as by length of
service. If the legislative body fails to adopt an ordinance fixing the
compensation of members of the police or fire department, the safety
board may fix their compensation, subject to change by ordinance.
(e) The safety board, subject to ordinance, may also fix the
number of members of the police and fire departments and the
number of appointees for other purposes and may, subject to law,
adopt rules for the appointment of members of the departments and
for their government.
(f) The safety board shall divide the city into police precincts and
fire districts.
(g) The police chief has exclusive control of the police
department, and the fire chief has exclusive control of the fire
department, subject to the rules and orders of the safety board. In
time of emergency, the police chief and the fire chief are, for the time
being, subordinate to the city executive and shall obey the city
executive's orders and directions, notwithstanding any law or rule to
the contrary.
As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1981,
P.L.315, SEC.1; Acts 1982, P.L.33, SEC.36; P.L.35-1999, SEC.7;
P.L.125-2001, SEC.6; P.L.173-2003, SEC.31; P.L.169-2006,
SEC.78; P.L.33-2010, SEC.2; P.L.118-2012, SEC.2.
IC 36-8-3-4
Police officers and firefighters; discipline, demotion, and dismissal;
hearings; appeals; administrative leave
Sec. 4. (a) This section also applies to all towns and townships that
have full-time, paid police or fire departments. For purposes of this
section, the appropriate appointing authority of a town or township
is considered the safety board of a town or township. In a town with
a board of metropolitan police commissioners, that board is
considered the safety board of the town for police department
purposes.
(b) Except as provided in subsection (m), a member of the police
or fire department holds office or grade until the member is dismissed
or demoted by the safety board. Except as provided in subsection (n),
a member may be disciplined by demotion, dismissal, reprimand,
forfeiture, or suspension upon either:
(1) conviction in any court of any crime; or
(2) a finding and decision of the safety board that the member
has been or is guilty of any one (1) or more of the following:
(A) Neglect of duty.
(B) A violation of rules.
(C) Neglect or disobedience of orders.
(D) Incapacity.
(E) Absence without leave.
(F) Immoral conduct.
(G) Conduct injurious to the public peace or welfare.
(H) Conduct unbecoming an officer.
(I) Another breach of discipline.
The safety board may not consider the political affiliation of the
member in making a decision under this section. If a member is
suspended or placed on administrative leave under this subsection,
the member is entitled to the member's allowances for insurance
benefits to which the member was entitled before being suspended or
placed on administrative leave. In addition, the local unit may
provide the member's allowances for any other fringe benefits to
which the member was entitled before being suspended or placed on
administrative leave.
(c) Before a member of a police or fire department may be
suspended in excess of five (5) days without pay, demoted, or
dismissed, the safety board shall offer the member an opportunity for
a hearing. If a member desires a hearing, the member must request
the hearing not more than five (5) days after the notice of the
suspension, demotion, or dismissal. Written notice shall be given
either by service upon the member in person or by a copy left at the
member's last and usual place of residence at least fourteen (14) days
before the date set for the hearing. The hearing conducted under this
subsection shall be held not more than thirty (30) days after the
hearing is requested by the member, unless a later date is mutually
agreed upon by the parties. The notice must state:
(1) the time and place of the hearing;
(2) the charges against the member;
(3) the specific conduct that comprises the charges;
(4) that the member is entitled to be represented by counsel;
(5) that the member is entitled to call and cross-examine
witnesses;
(6) that the member is entitled to require the production of
evidence; and
(7) that the member is entitled to have subpoenas issued, served,
and executed in the county where the unit is located.
If the corporation counsel or city attorney is a member of the safety
board of a city, the counsel or attorney may not participate as a safety
board member in a disciplinary hearing concerning a member of
either department. The safety board shall determine if a member of
the police or fire department who is suspended in excess of five (5)
days shall continue to receive the member's salary during the
suspension.
(d) Upon an investigation into the conduct of a member of the
police or fire department, or upon the trial of a charge preferred
against a member of either department, the safety board may compel
the attendance of witnesses, examine them under oath, and require
the production of books, papers, and other evidence at a meeting of
the board. For this purpose, the board may issue subpoenas and have
them served and executed in any part of the county where the unit is
located. If a witness refuses to testify or to produce books or papers
in the witness's possession or under the witness's control,
IC 36-4-6-21 controls to the extent applicable. The proper court may
compel compliance with the order by attachment, commitment, or
other punishment.
(e) The reasons for the suspension, demotion, or dismissal of a
member of the police or fire department shall be entered as specific
findings of fact upon the records of the safety board. A member who
is suspended for a period exceeding five (5) days, demoted, or
dismissed may appeal the decision to the circuit or superior court of
the county in which the unit is located. However, a member may not
appeal any other decision.
(f) An appeal under subsection (e) must be taken by filing in court,
within thirty (30) days after the date the decision is rendered, a
verified complaint stating in concise manner the general nature of the
charges against the member, the decision of the safety board, and a
demand for the relief asserted by the member. A bond must also be
filed that guarantees the appeal will be prosecuted to a final
determination and that the plaintiff will pay all costs adjudged against
the plaintiff. The bond must be approved as bonds for costs are
approved in other cases. The unit must be named as the sole
defendant, and the plaintiff shall have a summons issued as in other
cases against the unit. Neither the safety board nor the members of it
may be made parties defendant to the complaint, but all are bound by
service upon the unit and the judgment rendered by the court.
(g) In an appeal under subsection (e), no pleading is required by
the unit to the complaint, but the allegations are considered denied.
The unit may file a motion to dismiss the appeal for failure to perfect
it within the time and in the manner required by this section. If more
than one (1) person was included in the same charges and in the same
decision of dismissal by the safety board, then one (1) or more of the
persons may join as plaintiffs in the same complaint, but only the
persons that appeal from the decision are affected by it. The decision
of the safety board is final and conclusive upon all persons not
appealing. The decision appealed from is not stayed or affected
pending the final determination of the appeal, but remains in effect
unless modified or reversed by the final judgment of the court.
(h) A decision of the safety board is considered prima facie
correct, and the burden of proof is on the party appealing. All appeals
shall be tried by the court. The appeal shall be heard de novo only
upon any new issues related to the charges upon which the decision
of the safety board was made. The charges are considered to be
denied by the accused person. Within ten (10) days after the service
of summons the safety board shall file in court a complete transcript
of all papers, entries, and other parts of the record relating to the
particular case. Inspection of these documents by the person affected,
or by the person's agent, must be permitted by the safety board before
the appeal is filed, if requested. Each party may produce evidence
relevant to the issues that it desires, and the court shall review the
record and decision of the safety board upon appeal.
(i) The court shall make specific findings and state the conclusions
of law upon which its decision is made. If the court finds that the
decision of the safety board appealed from should in all things be
affirmed, its judgment should state that, and judgment for costs shall
be rendered against the party appealing. If the court finds that the
decision of the safety board appealed from should not be affirmed in
all things, then the court shall make a general finding, setting out
sufficient facts to show the nature of the proceeding and the court's
decision on it. The court shall either:
(1) reverse the decision of the safety board; or
(2) order the decision of the safety board to be modified.
(j) The final judgment of the court may be appealed by either
party. Upon the final disposition of the appeal by the courts, the clerk
shall certify and file a copy of the final judgment of the court to the
safety board, which shall conform its decisions and records to the
order and judgment of the court. If the decision is reversed or
modified, then the safety board shall pay to the party entitled to it any
salary or wages withheld from the party pending the appeal and to
which the party is entitled under the judgment of the court.
(k) Either party shall be allowed a change of venue from the court
or a change of judge in the same manner as such changes are allowed
in civil cases. The Indiana Rules of Trial Procedure govern in all
matters of procedure upon the appeal that are not otherwise provided
for by this section.
(l) An appeal takes precedence over other pending litigation and
shall be tried and determined by the court as soon as practical.
(m) Except as provided in IC 36-5-2-13, the executive may reduce
in grade any member of the police or fire department who holds an
upper level policy making position. The reduction in grade may be
made without adhering to the requirements of subsections (b) through
(l). However, a member may not be reduced in grade to a rank below
that which the member held before the member's appointment to the
upper level policy making position.
(n) If the member is subject to criminal charges, the board may
place the member on administrative leave until the disposition of the
criminal charges in the trial court. Any other action by the board is
stayed until the disposition of the criminal charges in the trial court.
An administrative leave under this subsection may be with or without
pay, as determined by the board. If the member is placed on leave
without pay, the board, in its discretion, may award back pay if the
member is exonerated in the criminal matter.
As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1981,
P.L.315, SEC.2; P.L.104-1983, SEC.5; P.L.58-1989, SEC.3;
P.L.265-1993, SEC.1; P.L.234-1996, SEC.1; P.L.34-1999, SEC.5.
IC 36-8-3-4.1
Certain towns and townships; reprimand or temporary suspension
of members without prior hearing; review by safety board
Sec. 4.1. (a) This section also applies to all towns and townships
that have full-time, paid police or fire departments. For purposes of
this section, the appropriate appointing authority of a town or
township is considered the safety board of a town or township. In a
town with a board of metropolitan police commissioners, that board
is considered the safety board of the town.
(b) In addition to the disciplinary powers of the safety board, the
chief of the department may, without a hearing, reprimand or suspend
without pay a member, including a police radio or signal alarm
operator or a fire alarm operator, for a maximum of five (5) working
days. For the purposes of this section, eight (8) hours of paid time
constitutes one (1) working day. If a chief reprimands a member in
writing or suspends a member, the chief shall, within forty-eight (48)
hours, notify the board in writing of the action and the reasons for the
action. A member who is reprimanded in writing or suspended under
this section may, within forty-eight (48) hours after receiving notice
of the reprimand or suspension, request in writing that the board
review the reprimand or suspension and either uphold or reverse the
chief's decision. At its discretion, the board may hold a hearing
during this review. If the board holds a hearing, written notice must
be given either by service upon the member in person or by a copy
left at the member's last and usual place of residence at least fourteen
(14) days before the date set for the hearing. The notice must contain
the information listed under section 4(c) of this chapter. If the
decision is reversed, the member who was suspended is entitled to
any wages withheld as a result of the suspension.
As added by Acts 1981, P.L.183, SEC.22. Amended by P.L.265-1993,
SEC.2.
IC 36-8-3-4.3
Suspension or termination of EMS personnel; right to hearing and
appeal
Sec. 4.3. (a) This section also applies to a town or township that
has at least one (1) certified employee of a full-time, paid fire or
police department, without regard to whether:
(1) the employee is an appointed police officer or firefighter; or
(2) under section 5 of this chapter, the police or fire department
is exempt from sections 3, 4, and 4.1 of this chapter.
(b) As used in this section, "certified employee" means an
individual who, as a condition of employment, holds a valid
certification issued under IC 16-31-3 by the Indiana emergency
medical services commission established by IC 16-31-2-1.
(c) As used in this section, "medical director" means a physician
with an unlimited license to practice medicine in Indiana and who
performs the duties and responsibilities described in 836 IAC 2-2-1.
(d) If a medical director takes any of the following 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:
(1) The medical director refuses or fails to supervise or
otherwise provide medical control and direction to the certified
employee.
(2) The medical director refuses or fails to attest to the
competency of the certified employee to perform emergency
medical services.
(3) The medical director suspends the certified employee from
performing emergency medical services.
(e) Before a police or fire department takes any employment
related action against a certified employee as the result of a medical
director's action described in subsection (d), the certified employee
is entitled to a hearing and appeal concerning the medical director's
action as provided in section 4 of this chapter.
(f) If the medical director's action that is the subject of an appeal
under subsection (e) is based on a health care decision made by the
certified employee in performing emergency medical services, the
safety board conducting the hearing shall consult with an independent
medical expert to determine whether the certified employee followed
the applicable emergency medical services protocol in making the
health care decision. The independent medical expert:
(1) must be a physician trained in emergency medical services;
and
(2) may not be affiliated with the same hospital as the medical
director.
As added by P.L.13-2010, SEC.1.
IC 36-8-3-5
Merit boards and commissions; exemption from statutory
procedure
Sec. 5. Except as provided in section 4.3 of this chapter, sections
3, 4, and 4.1 of this chapter do not apply to a police or fire
department having a board or commission established by statute or
ordinance to establish or administer policies based on merit for the
appointment, promotion, demotion, and dismissal of members of the
department, unless the establishing law specifically incorporates one
(1) or more of those sections.
As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1981,
P.L.183, SEC.23; Acts 1982, P.L.33, SEC.37; P.L.13-2010, SEC.2.
IC 36-8-3-6
Police officers; powers and duties
Sec. 6. (a) This section applies to:
(1) all municipalities; and
(2) a county having a consolidated city.
(b) A warrant of search or arrest, issued by any judge, may be
executed in the municipality by:
(1) any municipal police officer; or
(2) a member of the consolidated law enforcement department
established under IC 36-3-1-5.1;
subject to the laws governing arrest and bail.
(c) The police officers of a municipality or a member of the
consolidated law enforcement department shall:
(1) serve all process within the municipality or the consolidated
city issuing from the city or town court;
(2) arrest, without process, all persons who within view violate
statutes, take them before the court having jurisdiction of the
offense, and retain them in custody until the cause of the arrest
has been investigated;
(3) enforce municipal ordinances in accordance with IC 36-1-6;
(4) suppress all breaches of the peace within their knowledge
and may call to their aid the power of the municipality or the
consolidated city and pursue and commit to jail persons guilty
of crimes;
(5) serve all process issued by:
(A) the legislative body of the municipality or the
consolidated city;
(B) any committee of the legislative body of the municipality
or the consolidated city; or
(C) any of the executive departments of the municipality or
the consolidated city;
(6) serve the city or town court and assist the bailiff in
preserving order in the court; and
(7) convey prisoners to and from the county jail or station
houses of the municipality or the consolidated city for
arraignment or trial in the city or town court or to the place of
imprisonment under sentence of the court.
As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1982,
P.L.33, SEC.38; P.L.227-2005, SEC.37.
IC 36-8-3-7
Police officers and firefighters; special duty; school security police
Sec. 7. (a) The safety board may detail regular police officers or
firefighters, or appoint and swear an additional number of special
police officers or firefighters, to do special duty within the city.
Regular police officers and firefighters serving special duty shall be
paid the same rate per diem for this service as is paid to members of
the department in their regular employment. The board may
determine the compensation of persons serving special duty in all
other cases.
(b) Unless the safety board designates otherwise, the special police
officers are subject to the police chief and the special firefighters are
subject to the fire chief. If they are employees of departments other
than the police or fire department, they shall obey the rules of their
respective departments and conform to its discipline and orders to the
extent these do not conflict with the orders of the safety board. A
person other than a regular police officer or firefighter may not wear
a uniform the design of which is not easily distinguishable from or
which conforms with respect to the color or design of the state police
or a sheriff's patrol of the county in which the city is located or the
police or fire department of the city. Special police officers and
firefighters, during the term of their appointment, have those powers,
privileges, and duties assigned to them by the safety board. They
have these powers, privileges, and duties only while fulfilling the
specific responsibilities for which the appointment is made. Persons
other than regular police officers and firefighters appointed under this
section may be removed by the safety board at any time without
notice and without assigning any cause.
(c) The powers and duties of officers appointed to serve as
security police for school corporations include:
(1) the protection of school personnel while on school business,
including school children, employees, and members of the
governing body of the school corporation; and
(2) the protection of all school corporation property.
(d) Auxiliary firefighters directly connected with and created to
augment the regular fire departments may wear a uniform the design
of which is established by the safety board. Persons so appointed may
be removed at any time by the board, without notice and without
assigning any cause.
(e) In time of emergency the safety board may also detail members
from the police or fire department for the use of any other department
of the city government.
As added by Acts 1981, P.L.309, SEC.52. Amended by P.L.360-1983,
SEC.1.
IC 36-8-3-8
Police department; civilian personnel; merit system
Sec. 8. (a) The safety board may employ civilian technical and
clerical personnel to work with the police department as civilian radio
operators, radio technicians, chemical technicians, laboratory
technicians, and other civilian technical personnel and clerical
personnel that are required. The safety board shall fix the salary to be
paid to the civilian technical and clerical personnel subject to the
budgetary procedures applicable to the department of public safety.
The civilian technical and clerical personnel are not eligible to be
members of any police pension fund.
(b) The safety board may establish a merit system for civilian
personnel appointed under subsection (a). However, in establishing
a system the safety board shall consult with the state personnel board
concerning the form and content of the merit system.
As added by Acts 1981, P.L.309, SEC.52.
IC 36-8-3-9
Oaths; depositions
Sec. 9. The safety board, police chief, and fire chief may
administer oaths to a person summoned in a proceeding authorized
by this chapter and may take depositions under the rules or orders of
the board.
As added by Acts 1981, P.L.309, SEC.52.
IC 36-8-3-10
Police departments, chiefs, and captains; powers and duties
Sec. 10. (a) The police department shall, within the city:
(1) preserve peace;
(2) prevent offenses;
(3) detect and arrest criminals;
(4) suppress riots, mobs, and insurrections;
(5) disperse unlawful and dangerous assemblages and
assemblages that obstruct the free passage of public streets,
sidewalks, parks, and places;
(6) protect the rights of persons and property;
(7) guard the public health;
(8) preserve order at elections and public meetings;
(9) direct the movement of vehicles in public ways or public
places;
(10) remove all nuisances in public parks or public ways;
(11) provide proper police assistance at fires;
(12) assist, advise, and protect strangers and travelers in public
ways or at transportation facilities;
(13) carefully observe and inspect all places of business under
license, or required to have them; and
(14) enforce and prevent the violation of all laws in force in the
city.
(b) The police chief and each captain, in the captain's precinct or
district, may supervise and inspect all pawnbrokers, vendors,
junkshop keepers, cartmen, expressmen, dealers in secondhand
merchandise, intelligence offices, architectural salvage material
dealers (as defined in IC 24-4-16-3), and auctions. Any member of
the department may be authorized by the chief in writing to exercise
the same powers.
As added by Acts 1981, P.L.309, SEC.52. Amended by P.L.63-2008,
SEC.6.
IC 36-8-3-11
Repealed
(Repealed by P.L.148-1995, SEC.8.)
IC 36-8-3-12
Board members, police officers, and firefighters; elective and
appointive office
Sec. 12. Subject to IC 3-5-9, members of the safety board and
members of any township, town, or city (including a consolidated
city) police department, fire department, or volunteer fire department
(as defined by IC 36-8-12-2) may:
(1) be candidates for elective office and serve in that office if
elected;
(2) be appointed to any office and serve in that office if
appointed; and
(3) as long as they are not in uniform and not on duty, solicit
votes and campaign funds and challenge voters for the office for
which they are candidates.
As added by Acts 1981, P.L.309, SEC.52. Amended by P.L.376-1985,
SEC.1; P.L.347-1987, SEC.1; P.L.1-1999, SEC.83; P.L.135-2012,
SEC.10.
IC 36-8-3-13
Adoption of rules regulating performance bonds
Sec. 13. The safety board may, subject to city ordinances, adopt
rules regulating the giving of bond by an appointee or class of
appointees in the department for faithful performance of official duty.
As added by Acts 1981, P.L.309, SEC.52.
IC 36-8-3-14
Police and firefighters' insurance funds; creation, management,
and distribution
Sec. 14. (a) This section does not apply to second class cities.
(b) The safety board may draft an ordinance and submit it to the
legislative body for the creation, management, and distribution of a
police insurance fund or a firefighters' insurance fund, including a
provision for retaining a certain percentage of each appointee's salary
for the creation of the fund. The ordinance must prescribe the
conditions of investment and who is entitled to the benefits.
As added by Acts 1981, P.L.309, SEC.52.
IC 36-8-3-15
Police officers and firefighters; exemption from militia service
Sec. 15. (a) This section also applies to all members of a fire
department organized by a town.
(b) Members of the police and fire departments are exempt from
service in the militia, except in case of war, invasion, or insurrection.
As added by Acts 1981, P.L.309, SEC.52. Amended by P.L.4-1998,
SEC.14.
IC 36-8-3-16
Destruction of burning buildings; recovery of damages
Sec. 16. If a building in the city is on fire, or if a building adjacent
to it is liable to take or convey fire to other buildings and cause great
destruction of property, the fire chief, or his assistant acting as chief
with the concurrence of the executive or of the safety board, may take
down, blow up, or destroy the building or buildings. An action may
not be maintained against a person for this action, but the owner of
such a building may, in a civil action, recover damages from the city
for its destruction.
As added by Acts 1981, P.L.309, SEC.52.
IC 36-8-3-17
Repealed
(Repealed by P.L.104-1983, SEC.7.)
IC 36-8-3-18
Humane officers; appointment; powers and duties
Sec. 18. A humane officer shall be appointed in every city from
among the members of the police department. The humane officer
shall detect and arrest persons violating humane statutes. He is
entitled to the same pay as other police officers of the city and is
subject to the control and discipline of the police department. If there
is an incorporated humane society in the city, the humane officer
shall attend the stated and special meetings of the society and shall
report to it, at least once a month, on all matters relating to his duties
under law for the previous month. If a humane statute or ordinance
has, to his knowledge, been violated, he shall, if directed by the
president of the humane society, file his affidavits before a court
charging the person violating the law with the violation.
As added by Acts 1981, P.L.309, SEC.52.
IC 36-8-3-19
Police matrons; appointment; powers and duties; accommodations;
compensation; qualifications
Sec. 19. (a) The safety board may appoint a police matron,
including assistants that are necessary. The matron shall receive,
search, and properly care for, at the jail or station house, all female
prisoners who are arrested and detained in custody in the city. The
matron is not a member of the police department of the city, but has
all the authority delegated to a police officer. The matron is subject
to rules that are prescribed for her by the safety board or by ordinance
and may be removed by the board for good cause shown.
(b) The matron shall be given proper accommodations for herself
and for all prisoners under her control. She is the jailer in charge of
the woman's department of the station house or jail and may summon
a police officer or other person to her aid when aid is required. The
matron and her assistant or assistants shall be paid the compensation
or salaries that are set for other employees of the police department.
The matron, or her assistant, shall attend all courts when female
prisoners are to be tried and shall take charge of all female prisoners
while they are awaiting trial or transfer to or from a place of
detention.
(c) The matron must be at least twenty-one (21) years of age, fully
qualified, and of good moral character.
As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1981,
P.L.315, SEC.3.
IC 36-8-3-20
Police reserve officers
Sec. 20. (a) This section applies to counties and towns as well as
cities.
(b) A unit may provide by ordinance for any number of police
reserve officers.
(c) Police reserve officers shall be appointed by the same authority
that appoints regular members of the department.
(d) Police reserve officers may be designated by another name
specified by ordinance.
(e) Police reserve officers may not be members of the regular
police department but have all of the same police powers as regular
members, except as limited by the rules of the department. Each
department may adopt rules to limit the authority of police reserve
officers.
(f) To the extent that money is appropriated for a purpose listed in
this subsection, police reserve officers may receive any of the
following:
(1) A uniform allowance.
(2) Compensation for time lost from other employment because
of court appearances.
(3) Insurance for life, accident, and sickness coverage.
(4) In the case of county police reserve officers, compensation
for lake patrol duties that the county sheriff assigns and
approves for compensation.
(g) Police reserve officers are not eligible to participate in any
pension program provided for regular members of the department.
(h) A police reserve officer may not be appointed until he has
completed the training and probationary period specified by rules of
the department.
(i) A police reserve officer appointed by the department after June
30, 1993, may not:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property; or
(3) carry a firearm;
unless the police reserve officer successfully completes a pre-basic
course under IC 5-2-1-9(f).
(j) A police reserve officer may be covered by the medical
treatment and burial expense provisions of the worker's compensation
law (IC 22-3-2 through IC 22-3-6) and the worker's occupational
diseases law (IC 22-3-7). If compensability of the injury is an issue,
the administrative procedures of IC 22-3-2 through IC 22-3-6 and
IC 22-3-7 shall be used to determine the issue.
(k) A police reserve officer carrying out lake patrol duties under
this chapter is immune from liability under IC 34-30-12,
notwithstanding the payment of compensation to the officer.
As added by Acts 1981, P.L.309, SEC.52. Amended by P.L.30-1992,
SEC.6; P.L.72-1992, SEC.3; P.L.57-1995, SEC.10; P.L.1-1998,
SEC.212.
IC 36-8-3-21
Police or fire department members; membership in 1977 fund
required
Sec. 21. (a) Except as provided in subsection (b), this section
applies to all units.
(b) This subsection does not apply to the appointment of a fire
chief under a waiver under IC 36-8-4-6(c) or the appointment of a
police chief under a waiver under IC 36-8-4-6.5(c). An individual
may not be employed by a unit after May 31, 1985, as a member of
the unit's fire department or as a member of the unit's police
department unless the individual meets the conditions for
membership in the 1977 fund.
(c) Notwithstanding IC 36-8-1-9, the executive of the unit may
request that the 1977 fund accept the following individuals in the
1977 fund under IC 36-8-8-7(h):
(1) A fire chief appointed under a waiver under IC 36-8-4-6(c).
(2) A police chief appointed under a waiver under
IC 36-8-4-6.5(c).
As added by P.L.342-1985, SEC.1. Amended by P.L.148-1992,
SEC.2; P.L.213-1995, SEC.3.
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