Discipline.
Indianapolis-Marion County Revised Code § 252-208
in effectSec. 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_ARTIIFIMESY_S252-208DIFetched: 10/27/2026