FIREFIGHTERS MERIT SYSTEM

Indianapolis-Marion County Revised Code tit. I, ch. 252, art. II

in effect

Indianapolis-Marion County Revised Code § 252-201 Civilian fire merit board.

Sec. 252-201. - Civilian fire merit board. (a) There is hereby established a civilian fire merit board that shall be composed of four (4) persons appointed by the mayor and two (2) persons elected by the active members of the Indianapolis fire department in accordance with IC 36-8-3.5-1. Each person serving on the merit board shall be a registered voter who resides within the department's jurisdiction as established by section 252-102 of the Code, and no person appointed or elected to the merit board shall be a firefighter or employee of the department or of any other police or fire department or agency, or hold another elective or appointive office in either a city, town, township, county or state government. All persons, whether appointed or elected, shall serve on the merit board for a term of two (2) years and until their respective successor shall be appointed or elected, and qualified. The mayor may remove an appointee from the merit board, with or without cause, without right of hearing. If a mayoral appointee vacancy occurs, the mayor shall appoint a replacement to serve the unexpired term. If a vacancy exists to be filled by the active members of the department, a replacement shall be elected, in accordance with IC 36-8-2-3.5-8, by the active members to serve the unexpired term. A person may serve on the merit board for successive terms, whether appointed or elected. (b) The chief shall be an ex officio member of the merit board without voting power. (c) A quorum for the purpose of taking official action shall consist of three (3) persons. In the event of a tie vote, the recommendation of the chief shall be deemed adopted by the board. (d) The merit board shall establish rules for its operation. Included in such rules shall be the time and place for holding regular monthly meetings and such special meetings throughout the year as may be deemed necessary to transact its business. Each year the merit board, with the concurrence of the chief of fire, shall select from its membership a president, vice-president and secretary. (e) The merit board shall administer and supervise the merit system established by this article. (Code 1975, § 3-332; G.O. 71, 2006, § 22; G.O. 104, 2009, § 1; G.O. 13, 2016, § 28; G.O. 33, 2021, § 1)

Indianapolis-Marion County Revised Code § 252-202 Merit selection and procedures.

Sec. 252-202. - Merit selection and procedures. (a) Any person, including persons seeking reappointment or reinstatement, shall be appointed to the Indianapolis Fire Department in accordance with the merit selection and appointment procedure created by this section and such rules and regulations as may be established by the merit board in accordance with the provisions of this section. Such rules and regulations may change the order of their procedure but not the substance of the requirements established by this section. Appointment and reappointment to the department shall be made without regard to an applicant's political party preference or activity. (b) A person may not submit an application, be appointed, or reappointed as a member of the department unless the person is at least twenty-one (21) years of age but not yet reached the age of thirty-six (36). The age thirty-six (36) limitation shall not apply if the person is a former member or a retired member not yet receiving retirement benefits of the 1937 or 1977 fund and can complete twenty (20) years of service before reaching sixty (60) years of age as in the case of a firefighter leaving another fire department to be employed as a firefighter (member) with the Indianapolis Fire Department. The applicant must have at least a high school education or equivalent to be eligible to make application to become a member of the department, and each applicant must meet minimum fitness/medical standards adopted by the department and continue to meet minimum fitness/medical standards, as a condition of employment, while serving as a member of the department. The department shall develop job-related minimum standards with the assistance of an independent consultant in order to meet applicable federal and state guidelines. Applicants appointed or reappointed to the department must establish residency in compliance with state statute. Applicants shall not have been convicted of an offense that is a felony under Indiana law. Applicants must obtain an application form from the personnel division and must comply with the following additional requirements: (1) Applicants must pass a complete physical examination and a psychological examination in accordance with state law. The psychological examination shall be given by an individual approved by the state board of examiners in psychology or the state board of medical registration. If a written psychological examination is administered, such examination shall be approved by the state board of examiners in mental health or the state board of medical registration, in accordance with psychological examinations approved by the PERF board in consultation with the commissioner of mental health. Applicants may be required to pay up to one-half (½) of the costs of the required physical and psychological examinations in accordance with applicable departmental rules. (2) Applicants must pass a written examination to evaluate both aptitude and intellectual capacity for fire work. (3) Applicants must pass a job-related agility test. (4) Applicants shall have a structured oral interview as established by the fire merit board. The rules and procedures for the above requirements shall be set by the chief with the approval of the merit board. (c) The chief, with the approval of the board, shall give a preference for employment for any the following, all of which must be validated by the department: (1) An applicant who has served in the military service and has received an honorable discharge from any branch of the service including the Coast Guard (as defined in IC 36-8-4-10); and any participant in the Army PaYS Program; (2) An applicant whose mother or father was a firefighter of a unit, municipal police officer, or county police officer, who died in the line of duty (as defined in IC 5-10-10-2); (3) An applicant who successfully graduated from a City of Indianapolis or Marion County High School; (4) An applicant who is a resident of Marion County as of the date the person submits an application for employment; (5) An applicant who has graduated from the department's Arsenal Tech High School, CTC Fire/Rescue program. (d) The personnel division shall prepare a list of those applicants eligible for appointment ranked in order of their total combined score. The written examination shall constitute no more than fifty (50) percent of the applicant's total eligibility score. Any combination of the preferences described in subsection (c) of this section shall constitute no more than five (5) percent of the applicant's total eligibility score. Prior to the creation of the eligibility list, the personnel branch, with approval of the merit board, shall establish the weight of each of the components of the applicant process. (e) Beginning with the applicant having the highest eligibility score on the eligibility list, the department shall conduct a background investigation into the personal history and character of the applicant. Any information indicating that the applicant has engaged in any conduct or activities that would warrant the disqualification of the applicant from appointment to the department shall be forwarded to the deputy chief supervising the personnel division and shall be made a part of the applicant's file. The file shall be presented by the deputy chief to the merit board, which shall determine whether such conduct or activities are such as to disqualify the applicant for appointment. (f) Final eligibility lists prepared as the result of an applicant screening process shall be in effect for two (2) years or until a new eligibility list for the next process is final, whichever occurs earlier. A new applicant screening process shall be initiated by the department no later than eighteen (18) months after a final eligibility list is certified by the merit board. The merit board shall establish procedures for the management of the final eligibility lists. Any applicant who, personally or through any other person, solicits any member of the merit board to favor the applicant's appointment or reinstatement to the department shall be thereby rendered ineligible for any such appointment. (Code 1975, § 3-333; G.O. 2, 2000, § 3; G.O. 104, 2009, § 1; G.O. 46, 2015, § 1; G.O. 33, 2021, § 1)

Indianapolis-Marion County Revised Code § 252-203 Vacancies; training academy for recruits; probationary period.

Sec. 252-203. - Vacancies; training academy for recruits; probationary period. (a) The chief shall appoint as recruit trainees such applicants as are necessary to fill any vacancies that exist in the department. Eighty (80) percent of such vacancies to be appointed at one time by the chief shall be filled by taking the applicant having the highest score on the final eligibility list and proceeding down the list in order. The chief shall fill the remaining twenty (20) percent of the vacancies by selecting any person remaining on the final eligibility list. In making these selections, the chief shall consider applicants who, in the opinion of the chief, are best qualified for appointment based on such considerations as cumulative score on the merit selections procedures, and community and legal obligations of the department and the city. Recruit trainees shall be assigned to the fire training academy for a training course prescribed by the chief with the approval of the merit board. No recruit trainee shall be assigned to regular active duty until the recruit trainee has attended and successfully completed the training course so prescribed. Failure to complete the course successfully shall result in dismissal from the department. After completing the training course, the recruit trainee shall be elevated to the probationary rank of firefighter and shall be assigned to regular active duty. The probationary period shall last for one (1) year of actual service from the date of the recruit trainee's graduation from the training academy. Each probationary firefighter shall be evaluated monthly during this period by their immediate supervisor pursuant to the evaluation system provided for in this Code. The appointment of probationary firefighter to firefighter becomes permanent when the probationary firefighter has successfully completed the one-year probationary period. (b) While a person is in the status of recruit trainee or probationary firefighter, the chief may terminate or temporarily suspend such person, without right to any hearing before the merit board. (Code 1975, § 3-334; G.O. 104, 2009, § 1; G.O. 46, 2015, § 1; G.O. 33, 2021, § 1)

Indianapolis-Marion County Revised Code § 252-204 Retirement.

Sec. 252-204. - Retirement. A member of the Indianapolis Fire Department shall be required to retire from the department consistent with state and federal guidelines or upon the member's failure to meet minimum medical/fitness standards adopted by the department. Such minimum medical and fitness standards shall be job-related and established with the assistance of an independent consultant to the department. (Code 1975, § 3-335; G.O. 104, 2009, § 1; G.O. 33, 2021, § 1)

Indianapolis-Marion County Revised Code § 252-205 Rules and regulations of the Indianapolis Fire Department.

Sec. 252-205. - Rules and regulations of the Indianapolis Fire Department. (a) Within the limits of this Code, the chief, shall prescribe, adopt and put into effect such rules and regulations for the governance of the Indianapolis fire department as, from time to time, he or she deems appropriate. Within the limits of this Code, the chief, with the approval of the merit board, shall establish a classification of ranks, grades and positions in the department and shall designate the authority and responsibilities of each rank, grade and position. The chief shall have authority to assign or reassign any member of the department to serve at any department worksite, within the limits of the Code, and to perform such duties as he or she shall designate, provided such grade and assignment results in no decrease in the firefighter's merit rank, and provided the firefighter's minimum salary is commensurate with the firefighter's merit rank. The chief shall be authorized to make maximum use of civilian employees in any position in the department so as to release firefighters to perform essential departmental functions. (b) Consistent with the terms of section 252-206(a), the chief, in consultation with the mayor, may establish a position classification system and a scale of compensation for the various firefighters in the department. The compensation so fixed shall be based on the rank held by the firefighter and the special technical competence of the job assignment of the firefighter. Any position pay granted to a firefighter shall remain in effect only while such firefighter is in such position. The scale of compensation shall be required to apply uniformly to all firefighters' merit rank and minimum salary commensurate with the rank. (Code 1975, § 3-336; G.O. 104, 2009, § 1; G.O. 13, 2016, § 28; G.O. 33, 2021, § 1)

Indianapolis-Marion County Revised Code § 252-206 Merit promotion system.

Sec. 252-206. - Merit promotion system. (a) There shall be a merit promotion system that shall be administered in accordance with rules and regulations adopted by the merit board. This merit promotion system shall apply to all promotions to the ranks of lieutenant, captain and battalion chief. It shall not apply to the appointment of the chief by the mayor or to the appointment of assistant chief, deputy chiefs, division chiefs and shift commanders by the chief. Within the limits of this Code, the chief, with the approval of the merit board, shall set standards for promotion in conformity with the most widely approved standards of comparable fire departments and shall establish reasonable prerequisites of training, education and experience for each rank, grade and position in the department. (b) The following eligibility requirements are established for all individuals seeking promotion within the Indianapolis Fire Department: (1) Private to lieutenant: To be eligible to participate in the process for promotion to the rank of lieutenant, an individual must have completed five (5) years of continuous service as a member of the department, which time period shall include an individual's service as a full-time, paid member of a fire department. To be eligible for promotion to the rank of lieutenant, an individual must have completed eight (8) years of continuous service as a member of the department, which time period shall include the firefighter's service as a full-time, paid member of a fire department. (2) Lieutenant to captain: To be eligible for promotion to the rank of captain, an individual must have completed three (3) years in the rank of lieutenant and have completed eleven (11) years of continuous service as a member of the department, which time periods shall include an individual's service as a full-time, paid member of a fire department. (3) Captain to battalion chief: To be eligible for promotion to the rank of battalion chief, an individual must have completed three (3) years in the rank of captain and have completed fourteen (14) years of continuous service as a member of the department, which time periods shall include an individual's service as a full-time, paid member of a fire department. In determining years of service for promotion eligibility to the next merit rank, all time served from the candidate's date of appointment shall be considered. However, if a firefighter is demoted, no time served in a rank prior to the demotion shall be considered in determining years of service for promotion eligibility. The merit board shall resolve any issue relating to the determination of a firefighter's years of service. A member shall be promoted only to the next highest rank. (c) The merit board, in conjunction with the chief, shall establish process phases and procedures for use in selecting candidates for promotion to the various ranks. The board may use the services of professional consultants from outside the department to assist in developing and administering the process. The process phases shall be established in conformity with standard psychometric procedures, federal and state guidelines relating to selection methods, equal employment opportunity laws, and generally accepted standards for fire departments. Weightings of the components of the process shall be established by the department, using the services of professional consultants prior to the inception of the process with the acceptance of the merit board. The process may include, but is not limited to, such phases as a written examination, structured interviews, performance evaluations, and/or assessment center techniques, as structured to accommodate the various rank levels. (d) Final eligibility lists prepared as the result of a promotion process shall be in effect for three (3) years or until a new eligibility list for the next process is final, whichever occurs sooner. A new promotion process shall be initiated by the department no later than twenty-four (24) months after a final promotion list is certified by the merit board. (e) Promotions shall be made by the chief with the approval of the merit board. Such promotions shall be made to position vacancies identified by the chief and designated to be filled by the chief. In making final selections for promotion, the chief shall promote the candidate who, in the opinion of the chief and merit board, is best qualified for the position based on such considerations as cumulative score on the merit selections procedures, the qualifications of the candidate for promotion, and community and legal obligations of the department and the city. The merit board shall establish guidelines, policies and procedures for the administration of the promotion process, and such guidelines, policies and procedures shall be posted in all department work sites and a copy provided to the public safety committee of the city-county council prior to the inception of the process. (f) All promotions to the ranks of lieutenant, captain and battalion chief shall be made in accordance with this merit system, without regard to the candidate's political party preference or activities. Any member of the department who, personally or through any other person, solicits any member of the merit board to favor their promotion shall be thereby rendered ineligible for any such promotion. (g) The chief of fire may make staff appointments in the suppression division for positions requiring special certifications, skills and/or training. These positions may include, but are not limited to, EMS duty officers and fire investigators. These appointments shall not be made to circumvent the department's established seniority bidding or merit systems that shall be adhered to in compliance with department general orders and labor agreements. (h) In instances in which the officer assigned to an apparatus or station is temporarily absent due to illness, vacation, training or other reason, a firefighter may be temporarily assigned to fulfill the responsibilities of the absent officer. (i) Upon a consolidation of a fire department into the Indianapolis fire department pursuant to IC 36-3-1-6.1 that results in the addition of a new battalion, any merit captain who was acting as a battalion commander for the fire department shall be allowed to remain as an acting battalion commander if he or she participates in the next process for promotion to battalion chief and successfully completes all components of that promotion process. If the acting battalion commander chooses not to participate in or does not successfully complete all components of that promotion process, he or she shall immediately vacate the acting battalion commander position. Once a promotion list is certified by the merit board, an acting battalion commander, who has successfully completed all components of the promotion process, shall immediately vacate that position and return to the merit rank of captain, unless he or she is promoted to battalion chief in the first group of promotions made from the certified promotion list. (Code 1975, § 3-337; G.O. 2, 2000, § 4; G.O. 24, 2008, § 2; G.O. 104, 2009, § 1; G.O. 46, 2015, § 1; G.O. 13, 2016, § 28; G.O. 33, 2021, § 1)

Indianapolis-Marion County Revised Code § 252-207 Evaluations.

Sec. 252-207. - Evaluations. The chief, with the approval of the merit board and with the assistance of the personnel division, shall establish a system for the evaluation of the performance of each member of the department. The personnel shall maintain a record of all evaluations of each member under this system. (Code 1975, § 3-338; G.O. 104, 2009, § 1; G.O. 33, 2021, § 1)

Indianapolis-Marion County Revised Code § 252-208 Discipline.

Sec. 252-208. - Discipline. (a) The chief shall have the ultimate authority to discipline all members of the department, subject to the authority of the merit board. However, that authority may be delegated by the chief in accordance with the provisions contained in this section. The authority of the chief to discipline shall be subject only to the firefighter's right of appeal to the fire merit board as provided herein. (b) All disciplinary matters within the department shall be based on one (1) or more of the following infractions: (1) Violation of any rule, regulation, or order of the department; (2) Any breach of discipline; (3) Insubordination; (4) Neglect of duty; (5) Immoral conduct; (6) Conduct unbecoming a firefighter; (7) Substandard performance; (8) Violation, with the determination by the chief, of any federal, state or local law; and (9) Failure to cooperate or be truthful. (c) A firefighter may be placed on leave with pay for up to thirty (30) calendar days by the chief pending determination of final disciplinary action. Such leave with pay shall be considered a duty status and not a punishment. (d) The delegation by the chief of the authority to discipline shall not exceed the following: (1) Any deputy or assistant chief may suspend any subordinate firefighter for up to a total of eighty (80) working hours, with or without pay, which suspension shall be reviewed by the disciplinary board of battalion chiefs, and ultimately reviewed by the chief. The suspended firefighter may be subject to reinstatement with pay by the chief at any time. (2) Any division chief may suspend any subordinate firefighter for up to a total of forty-eight (48) working hours, with or without pay, which suspension shall be reviewed by the disciplinary board of battalion chiefs, and ultimately reviewed by the chief. The suspended firefighter may be subject to reinstatement with pay by the chief at any time. (3) Any battalion chief may suspend any subordinate firefighter for up to a total of twenty-four (24) working hours, with or without pay, which suspension shall be reviewed by the disciplinary board of battalion chiefs, and ultimately reviewed by the chief. The suspended firefighter may be subject to reinstatement with pay by the chief at any time. (e) Firefighters who are classified by the department as exempt executive, administrative or professional employees pursuant to the provisions of the Fair Labor Standards Act are not subject to unpaid disciplinary suspensions other than for violations of safety rules of major significance unless the suspension is for the period of an entire workweek or a specified number of full workweeks. (f) A disciplinary board of battalion chiefs, referred to in this section as the disciplinary board, shall assist the chief in departmental disciplinary matters. The board shall be subordinate and advisory to the chief and shall consist of three (3) firefighters with the permanent merit rank of battalion chief. Board members shall be selected at random and shall serve as a board for a term not to exceed six (6) months. A new board shall be impaneled every six (6) months. No battalion chief shall serve as a member of the board in consecutive six-month periods. (1) Following the suspension of a firefighter by the chief for a period greater than eighty (80) working hours or any suspension of a firefighter by an assistant chief, the chief shall appoint a firefighter to gather all of the pertinent facts and to investigate the event surrounding the suspension. The results of that investigation shall be reported to the chief, to the disciplinary board and to the chairman of the personnel division for inclusion in the firefighter's personnel record. The chief, or the chief's designee may cause the firefighter to be brought before the disciplinary board for a hearing based upon any charges. Alternately, the chief may also cause the firefighter to appear directly before the merit board for a hearing. (2) Any firefighter subject to a hearing before the disciplinary board shall be notified in writing of the charges and of the time and date of the hearing. Such notice must be given by the board at least five (5) days prior to such hearing. In addition, the firefighter has the right to have witnesses subpoenaed by the disciplinary board to testify in the firefighter's behalf upon forty-eight (48) hours' advance notice to the board by providing a list of such witnesses to the board and to the deputy chief supervising the personnel division, who shall prepare and deliver the subpoenas on behalf of the board. All testimony at this hearing shall be under oath. Any firefighter, or other department employee, testifying at this hearing shall cooperate fully with the disciplinary board and answer all questions truthfully and directly. In such hearings, and pursuant to departmental policy, the subject firefighter shall have the right to have legal counsel. (3) The hearing before the disciplinary board shall be conducted in accordance with written directives of the chief. The disciplinary board shall, by a majority vote, make a finding of sustained or not sustained and reduce it to writing. If the finding is sustained, the board shall also make a recommendation of appropriate disciplinary action. The findings and recommendations shall then be referred to the chief or the chief's designee for determination and shall be made available to the subject firefighter. (4) After receiving the findings and recommendation, the chief or the chief's designee may, with or without hearings, either concur with the disciplinary board or reverse the board in full or in part. After making a determination, the chief or the chief's designee may: a. Suspend the firefighter without pay for up to six (6) months. If the suspension does not exceed a total of eighty (80) working hours, suspension shall be without the right of appeal to the fire merit board. That portion of any suspension exceeding a total of eighty (80) working hours may be appealed to the fire merit board within thirty (30) calendar days; b. Demote the firefighter in rank; however, any demotion may be appealed to the fire merit board within thirty (30) calendar days; c. Recommend to the merit board that the firefighter be terminated, in which case the merit board shall consider such a recommendation in the same manner as an appeal of a chief's determination for suspension or demotion; d. Reprimand the firefighter verbally or in writing; e. Reinstate with pay any firefighter who has been previously suspended without pay. (5) A copy of the findings of fact and recommendation of the disciplinary board as well as the chief's determination shall be made a permanent part of the subject firefighter's personnel record. (g) Appeals to the merit board shall be handled in the following manner: (1) Any member of the department may appeal the following determinations to the fire merit board within thirty (30) calendar days of such determination: a. That portion of any suspension without pay exceeding eighty (80) working hours. b. Any demotion in rank. c. A recommendation of termination. (2) The hearing before the merit board shall be an administrative hearing, shall be de novo and shall be a hearing of record. The evidence before the merit board shall consist of the findings of fact and recommendations of the disciplinary board of battalion chiefs if such disciplinary board is convened, the written charges and the determination of the fire chief upon those charges, and any other evidence requested by the merit board, presented by the subject firefighter, or presented by the chief. (3) Any firefighter appealing any decision of the chief shall be given notice at least fourteen (14) calendar days prior to the hearing before the merit board. (4) The appealing firefighter may be represented by legal counsel before the merit board, and the chief shall be represented by the corporation counsel or the chief's designee. (5) The merit board may fully or partially affirm or completely reverse any portion of the chief's determination that is appealable. In the case of a demotion, the merit board may demote a firefighter only one (1) permanent rank at any one (1) time. The merit board may order any firefighter reinstated with pay for any appealable suspension. In addition, the merit board may remand the action for further review by the chief. (6) After hearing the evidence, the merit board shall make a finding by majority voice and reduce its findings and decision to writing. A copy of the findings and decision shall be forwarded to the subject firefighter and to the chief and shall become a permanent part of the firefighter's personnel record. (h) For the purpose of all hearings before the chief, the disciplinary board of battalion chiefs, and the merit board, each respectively shall have subpoena power as may be enforceable by application to the Marion Circuit or Superior Court. (i) Either party may, following a decision of the merit board, file a verified petition in the Marion Circuit or Superior Court as may be allowed. The petition for review shall be filed within thirty (30) days of the written decision of the merit board. Within thirty (30) calendar days after the filing of the petition for review, the petitioner shall file a true and complete copy of the transcript of the hearing and the board's written findings with the court. Upon request, the board shall prepare the transcript for the petitioner. The board shall charge the petitioner the reasonable cost of preparing the transcript for transmittal to the court. An extension of time in which to file the transcript may shall be granted by the court for good cause shown. Inability to obtain the transcript from the board within the time permitted by this section is good cause. Failure to file the transcript within the time permitted by this subsection, including any extension period ordered by the court, is cause for dismissal of the petition for review by the court, on its own motion, or on petition by the department. The court, without jury, shall review the record and render its decision as in other administrative reviews. Either party may appeal the decision of the court. (Code 1975, § 3-339; G.O. 2, 2000, § 5; G.O. 104, 2009, § 1; G.O. 46, 2015, § 1; G.O. 13, 2016, § 28; G.O. 33, 2021, § 1)

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_CH252INFIDE_ARTIIFIMESYFetched: 10/27/2026