GENERAL ORDERS BOARD

Indianapolis-Marion County Revised Code tit. I, ch. 279, art. II, div. 9

in effect

Indianapolis-Marion County Revised Code § 279-291 Findings and purpose.

Sec. 279-291. - Findings and purpose. (a) The city-county council hereby finds as follows: (1) There is a substantial interest from residents of the city and the county in developing a mechanism for increased civilian oversight of policies and operations of the department; (2) The residents of the city and the county and the department will benefit from implementing civilian oversight over the department in at least the following ways: a. Civilian oversight can help improve community relations by fostering communication between the city's and the county's residents and the department; b. Civilian oversight can improve department policies and procedures by better identifying areas of public concern and facilitating policy recommendations that offer options to improve policing; c. Civilian oversight can increase the city's and the county's inhabitants' understanding of law enforcement policies and procedures and their confidence in the department's actions; d. Civilian oversight can facilitate the department's work in developing, implementing, and adhering to anti-racism policies and procedures; e. Civilian oversight can assist with ensuring that the department and its personnel are accountable for their actions and increase the transparency of the department's administration and actions; f. Civilian oversight can more effectively introduce diverse and inclusive viewpoints into policy development to address concerns of persons and groups historically under-represented in law enforcement positions and statistically over-represented in arrests and incarceration; and g. Civilian oversight can help address public concern stemming from incidents that receive substantial public attention; (3) These benefits of civilian oversight of the department will promote the safety and general welfare of the residents of the city and the county and of the department and its personnel; (4) Establishing a board that implements civilian oversight over aspects of the department will help the city, the county, and the department realize these benefits; (5) The department maintains and updates the "Indianapolis Metropolitan Police Department General Orders Accountability List and Index," which lists all effective general orders and categorizes them by subject matter; and (6) The city-county council alone may approve budgets, levy taxes, and make appropriations for the consolidated city, its departments, and its special taxing districts. (b) Consistent with these findings, it is the purpose of this division to promote the health, safety, and general welfare of the residents of the county and the city and of the department's personnel by establishing a general orders board to institute civilian oversight over the department. (G.O. 38, 2020, § 2)

Indianapolis-Marion County Revised Code § 279-292 General orders board.

Sec. 279-292. - General orders board. There is hereby created a general orders board ("g.o. board"), which shall have the authority to propose, enact, review, and modify general orders, as that term is defined in section 279-293 of this division. (G.O. 38, 2020, § 2)

Indianapolis-Marion County Revised Code § 279-293 Definitions.

Sec. 279-293. - Definitions. As used in this division, the following terms shall have the meanings ascribed to them in this section. Felony conviction means a conviction, at any time, with respect to which the convicted person might have been imprisoned for more than one (1) year. It includes a felony conviction for a crime resulting in bodily injury that has been reduced to a misdemeanor. However, it does not include a conviction with respect to which a person's conviction has been vacated, reversed or set aside. General order means the written directives that department personnel use in carrying out the powers and accomplishing the objectives of the department in a professional and lawful manner that concern or relate to the department's interactions with the residents of the city and county and the general public. General orders include, by way of example and not limitation, all department directives and policies concerning procedures for investigations, searches, seizures, arrests, use of law enforcement discretion, use of force, and other official operational actions provided for by state, federal, or local law. General orders do not include those department directives and policies that concern only internal standards and specifications under which the department's personnel carry out their day-to-day operations, including, for example, directives related to uniform/appearance requirements for department personnel, awards and commendations for department personnel, and personnel participation in nonprofit organizations. General orders also do not include those department directives and policies relating to its organization, administration and personnel processes that are listed in Section 2 and Section 3 of the "Indianapolis Metropolitan Police Department General Orders Accountability List and Index." Immediate family member means a person's father, mother, stepfather, stepmother, brother, sister, stepbrother, stepsister, spouse, child, stepchild, or adopted child. Law enforcement officer means a prosecuting attorney or any sworn member of a federal law enforcement agency, local police department, state police department, constable's office, or sheriff's office. The term includes sworn officers of police departments, constable's offices and sheriff's offices outside the state. Preliminary order means a general order approved by the chief before it is submitted to or reviewed by the g.o. board in accordance with section 279-295(b). (G.O. 38, 2020, § 2)

Indianapolis-Marion County Revised Code § 279-294 Duties and responsibilities.

Sec. 279-294. - Duties and responsibilities. (a) The g.o. board shall have the power to: (1) Adopt general orders in accordance with section 279-295. (2) Resolve any dispute about whether a department policy or directive constitutes a general order. (3) Resolve any dispute about whether the procedures set forth in section 279-295 were followed. (4) Set rules for its governance and establish its procedures for conducting public meetings as permitted or required by law. (5) Have discretion to construe, interpret, clarify, reconsider, and amend any general order in accordance with section 279-296. (6) Engage staff and independent contractors, as necessary and appropriate, to assist with carrying out its duties and responsibilities. (7) Study issues pertinent to the department's relationship and interactions with the residents of the city and county, including, but not limited to, anti-racism and implicit bias and the department's policies on and procedures for investigations, searches, seizures, arrests, use of law enforcement discretion, and use of force. The g.o. board shall carry out its duties and responsibilities in this subsection in accordance with the purposes set forth in section 279-291 of this division. The g.o. board shall also carry out its duties and responsibilities in accordance with local, state and federal laws. (b) The chief shall regularly report to the g.o. board regarding: (1) The training of department personnel, including training necessary to effect any general orders and accomplish any changes to any general orders; and (2) The department's progress in implementing and effecting anti-racism policies and procedures. (G.O. 38, 2020, § 2)

Indianapolis-Marion County Revised Code § 279-295 Submission of proposed and preliminary orders.

Sec. 279-295. - Submission of proposed and preliminary orders. (a) General orders. A member of the g.o. board or the chief may submit a proposed general order by providing a copy of the order to the secretary and each member of the g.o. board. The member may request, by providing written notice to the g.o. board secretary at least ten (10) business days before the next scheduled g.o. board meeting, the g.o. board to adopt the proposed general order. Upon receiving such a request, the g.o. board shall, at the next scheduled g.o. board meeting, consider the request to adopt the proposed general order, subject to the following: (1) When a member proposes a general order, the chief shall respond, in writing, to the g.o. board at least five (5) business days before the next scheduled g.o. board meeting. The chief shall provide an opinion on the proposed general order or suggest an alternative action. If the chief does not support the proposed general order, the chief shall provide the g.o. board with a written justification for that opinion. The g.o. board may, by written request, ask the chief to reassess his/her opinion and submit a written reassessment to the g.o. board. (2) If the g.o. board adopts a general order, the board secretary shall forward the adopted general order to the office of corporation counsel who shall review for legality, and to the human resources division who shall review for compliance with fair labor standards. General orders adopted under this subsection shall be effective only upon written approval from both the corporation counsel and director of human resources. (b) Preliminary orders. Notwithstanding subsection (a), the chief may propose, review, and approve preliminary orders for the department only in the event the chief reasonably determines, in good faith, that the prompt enactment of a general order is necessary, in a shorter timeframe than is available under subsection (a), to ensure the safety and general welfare of the residents of the city and the county and of the department and its personnel or the proper functioning of the department. In the event that the chief approves a preliminary order: (1) The chief shall submit a copy of the preliminary order to the secretary and each member of the g.o. board within two (2) days after he/she approves the order. (2) The preliminary order shall have the effect of a general order until the preliminary order expires in accordance with this section. (3) Unless earlier terminated by the chief, the preliminary order shall be in force and effect for thirty (30) days after the date the chief approved the order and shall automatically expire thirty (30) days after that date absent adoption or extension of the preliminary order by the g.o. board. (4) Prior to the expiration of a preliminary order as set forth in subsection (b)(3), any member of the g.o. board or the chief may request, by providing written notice to the g.o. board secretary, that the preliminary order be placed on the agenda at the next g.o. board meeting that is scheduled to occur not more than thirty (30) days after the chief's approval of the preliminary order. Upon receiving such a request, the g.o. board shall, at the next scheduled g.o. board meeting, consider the request to review, extend, or adopt the preliminary order. (c) It shall require the affirmative vote of at least four (4) members of the g.o. board to adopt any general order as set forth in this section. (G.O. 38, 2020, § 2)

Indianapolis-Marion County Revised Code § 279-296 Interpretation, clarification, construction, reconsideration, amendment, and publication of general orders.

Sec. 279-296. - Interpretation, clarification, construction, reconsideration, amendment, and publication of general orders. (a) The chief or a member of the g.o. board may request, by providing written notice to the g.o. board secretary at least ten (10) business days before the next scheduled g.o. board meeting, the g.o. board to interpret, clarify, construe, reconsider, or amend any general order. (b) Upon receiving such a request, the g.o. board shall, at the next scheduled g.o. board meeting, consider the request to interpret, clarify, construe, reconsider, or amend the subject general order. It shall require the affirmative vote of at least four (4) members of the g.o. board to interpret, clarify, construe, reconsider, or amend the subject general order. (c) When a member proposes an amendment to an Indianapolis Metropolitan Police Department (IMPD) general order, the chief shall respond, in writing, to the g.o. board at least five (5) business days before the next scheduled g.o. board meeting. The chief shall provide an opinion on the proposed amendment to a general order or suggest an alternative action. If the chief does not support the proposed amendment, the chief shall provide the g.o. board with a written justification for that opinion. The g.o. board may, by written request, ask the chief to reassess his/her opinion and submit a written reassessment to the g.o. board. If the g.o. board adopts an amendment to a general order, the board secretary shall forward the adopted amendment to the office of corporation counsel who shall review for legality, and to the human resources division who shall review for compliance with fair labor standards. Amendments to general orders adopted under this subsection shall be effective only upon written approval from both the corporation counsel and director of human resources. (d) All general orders shall be written and shall be classified in accordance with standards approved by the g.o. board. (e) All general orders shall be made publicly available, including by electronic media. (G.O. 38, 2020, § 2)

Indianapolis-Marion County Revised Code § 279-297 Board membership.

Sec. 279-297. - Board membership. (a) The general orders board shall be composed of seven (7) members to be selected as follows: (1) Two (2) members appointed by the chief; (2) One (1) member elected by a majority vote of the active members of the department; (3) Four (4) civilian members. a. Two (2) members appointed by the mayor. b. Two (2) members appointed by the president of the city-county council, subject to the approval of the city-county council. (b) The following restrictions apply to civilian members: (1) Civilian members and their immediate family may not be presently employed as a law enforcement officer; (2) Civilian members may not be formerly employed as a law enforcement officer; (3) Civilian members may not be presently employed by a law enforcement agency; and (4) Civilian members and their immediate family may not presently have a lawsuit or complaint against the Indianapolis Metropolitan Police Department (IMPD) or its members. Should a civilian member or his or her immediate family, as defined in section 279-293, become employed as a law enforcement officer during the member's tenure on the board, the member shall no longer be eligible to serve on the g.o. board for so long as the member or his or her family member is employed as a law enforcement officer, and the member's appointing authority shall appoint a successor for that member as soon as possible, and, in any event, within thirty (30) days, pursuant to subsection (f). If a civilian member becomes employed by a law enforcement agency, the member shall no longer be eligible to serve on the g.o. board for so long as the member is employed by a law enforcement agency, and the member's appointing authority shall appoint a successor for that member within thirty (30) days, pursuant to subsection (f). If a civilian member or his or her immediate family files a lawsuit or complaint against the IMPD or any of its members during the member's term, the member shall be considered to have resigned from the g.o. board, and the member's appointing authority shall appoint a successor for that member within thirty (30) days, pursuant to subsection (f). (c) Civilian members must be residents of Marion County. If a civilian member ceases to be a resident of the county, he or she shall be considered to have resigned from the g.o. board, and the member's appointing authority shall appoint a successor for that member as soon as possible, and, in any event, within thirty (30) days, pursuant to subsection (f). (d) Any person with a felony conviction may not serve on the g.o. board as a civilian member. If a civilian member becomes ineligible to serve on the g.o. board pursuant to section 279-297(d), the member shall be considered to have resigned from the g.o. board, and the member's appointing authority shall appoint a successor for that member within thirty (30) days, pursuant to subsection (f). (e) Members shall be eligible for reappointment and serve at the pleasure of the appointing authority. (f) Subject to subsections (b) through (d), members shall be appointed for a term of two (2) years and until their successors are appointed and qualified as provided by law. In the event of a vacancy prior to the expiration of a term, the appointing authority shall appoint a member for the remainder of the unexpired term. (g) At all times, the department shall make publicly available on its website the full name and contact information, including at least one e-mail address, for each currently serving g.o. board member. (G.O. 38, 2020, § 2)

Indianapolis-Marion County Revised Code § 279-298 Board officers, quorum, meetings.

Sec. 279-298. - Board officers, quorum, meetings. (a) The members of the g.o. board shall select a chairperson and vice-chairperson. A recording secretary who shall keep the official minutes of the meetings, reserve meeting room space, and handle all communications, including but not limited to meeting notices, will be supplied by the department. (b) Four (4) members of the g.o. board shall constitute a quorum. (c) The g.o. board shall meet as often as necessary to review and adopt general orders for the department. (d) Meetings of the g.o. board shall be subject to Indiana's Open Door Law, IC § 5-14-1.5, as hereafter may be amended. (G.O. 38, 2020, § 2)

Indianapolis-Marion County Revised Code § 279-299 Training.

Sec. 279-299. - Training. (a) Within three (3) months after appointment to the g.o. board, any member of the g.o. board who is not a sworn officer of the department must: (1) Successfully complete the citizen's police academy or similar training approved by the chief. (2) Receive instruction from the department in the following: a. Use of force training (which must include introduction to de-escalation training and the legal standards applicable to use of force in the law enforcement context); b. Implicit bias training; c. IMPD General Orders, applicable Merit Laws, and other laws and regulations applicable to police officers of the department; and d. IMPD Training Curriculum. (3) Accompany patrol officers during field duty ride-alongs for a minimum of twenty-four (24) hours. (b) After the first anniversary of service on the g.o. board, any member of the g.o. board who is not a sworn officer of the department must: (1) Complete sixteen (16) hours of field duty ride-alongs during each subsequent year of service on the board; and (2) Complete sixteen (16) hours of continuing education on use of force and implicit bias during each subsequent year of service on the board. (c) The department shall facilitate and cover the cost of the training requirements set forth in this section. (d) The appointing authority for a respective member shall replace that member if he/she fails to meet the training requirements set forth in this section after written notice to such member and the member's appointing authority of the member's failure to meet these standards and a thirty-day opportunity to cure the failure. The secretary shall tender the notice described in this subsection to the member and the member's appointing authority. (G.O. 38, 2020, § 2)

Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIORAD_CH279INMEPODE_ARTIIOR_DIV9GEORBOFetched: 10/27/2026