MERIT SYSTEM

Indianapolis-Marion County Revised Code tit. I, ch. 279, art. II, div. 3

in effect

Indianapolis-Marion County Revised Code § 279-231 Designation of merit system.

Sec. 279-231. - Designation of merit system. Pursuant to IC 36-3-1-5.1, the merit system established in this article is hereby designated the merit system for the Indianapolis Metropolitan Police Department. (G.O. 110, 2005, § 1; G.O. 47, 2009, § 9)

Indianapolis-Marion County Revised Code § 279-232 Merit board established.

Sec. 279-232. - Merit board established. (a) The merit board for the Indianapolis Metropolitan Police Department is established, effective January 1, 2007. (b) The board and merit systems of the Indianapolis Police Department and the sheriff's department are abolished, and the duties of those boards are transferred and assumed by the board, effective January 1, 2007 unless otherwise provided in this chapter. (G.O. 110, 2005, § 1; G.O. 47, 2009, § 9)

Indianapolis-Marion County Revised Code § 279-233 Appointment or election of board members; qualifications.

Sec. 279-233. - Appointment or election of board members; qualifications. (a) The board consists of seven (7) members as follows: (1) Four (4) members appointed by the mayor; (2) For the first term of the board, one (1) member appointed by the metropolitan law enforcement consolidation transition authority; (3) For all subsequent terms of the board, one (1) member appointed by the city-county council; and (4) Two (2) members elected by a majority vote of the active members of the department. (b) An active member of the department may not serve on the board. (c) The term of office for an appointed or elected member of the board is four (4) years, beginning on the date the member is qualified and assumes office, or for the remainder of an unexpired term. Members of the board serve during their respective terms and until their successors have been appointed and qualified. (d) Not more than: (1) Two (2) of the members appointed by the mayor; or (2) One (1) of the members elected by the members of the department; may belong to the same political party. (e) Each member of the board must reside in the county. (f) Each member of the board may be removed for cause duly adjudicated by declaratory judgment of the Marion Superior Court. (g) Each member of the board is entitled to receive reimbursement from the county for actual expenses incurred while serving as a member. (h) As soon as practicable after they are appointed and elected, the members of the board shall meet upon the call of the chief, in consultation with the mayor, and organize by electing a president and a secretary from among their membership. (i) Four (4) members of the board constitute a quorum for the transaction of business. (j) The board must hold regular monthly meetings throughout the year as is necessary to transact the business of the department. (G.O. 110, 2005, § 1; G.O. 2, 2008, § 10; G.O. 47, 2009, § 9; G.O. 13, 2016, § 21)

Indianapolis-Marion County Revised Code § 279-234 Classification of ranks, grades and positions; appointment of members.

Sec. 279-234. - Classification of ranks, grades and positions; appointment of members. (a) The board shall establish a classification of ranks, grades, and positions for members of the Indianapolis Metropolitan Police Department. For each rank, grade, and position, the chief, with the approval of the board, shall: (1) Set reasonable standards of qualifications; and (2) Fix the prerequisites of training, education, and experience. (b) An individual may not be appointed or reappointed as a member of the department after December 31, 2006, unless the individual: (1) Is less than thirty-six (36) years of age; and (2) Passes: a. The aptitude, physical agility, and physical examination required by the local board; and b. The statewide baseline standards required by IC 36-8-8-19; however, this subsection does not apply to an individual who becomes a member of the department under section 279-103 of this chapter. (c) The chief, with the approval of the board, shall devise and administer examinations designed to test applicants for the qualifications required for the respective ranks, grades, or positions. After these examinations, the chief and the board shall jointly prepare a list naming only those applicants who, in the opinion of both the chief and the board, best meet the prescribed standards and prerequisites. The chief only appoints members of the department from among the persons whose names appear on this list. The chief, with the approval of the board, shall appoint as recruit trainees such applicant or applicants as are necessary to fill any vacancies that exist in the Indianapolis Metropolitan Police 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, provided that the person resides within the department's service districts. All members appointed to the department under this chapter are on probation until after one (1) year of active duty from the date of the completion of the Field Training Officer Program. Active duty is defined as the time the probationary officer is assigned to perform the full duties and responsibilities required of members of the department, but does not include leave time due to illness, military leave, suspension from work or limited duty status, as these terms are defined by the general orders of the department. (d) The chief, in his or her sole discretion, may: (1) Establish a temporary administrative rank or position within the department; and (2) Appoint to and remove from a temporary administrative rank or position a member of the department who meets the requirements in subsection (e) of this section. (e) Except as provided by Sections 279-103 and 279-104 of this chapter, a member who has served as a member of the department at least five (5) years before the appointment and holds the merit rank of at least lieutenant is eligible for appointment to a temporary administrative rank or position described in subsection (d) of this section. A member retains the rank, grade, or position awarded under subsection (c) of this section while serving in a temporary administrative rank or position. A temporary administrative rank or position established under subsection (d) of this section does not diminish or reduce the number and classifications of the existing merit ranks within the department. Subsection (d) of this section and this subsection may not be construed to limit, modify, annul, or otherwise affect a collective bargaining agreement. (G.O. 110, 2005, § 1; G.O. 2, 2008, § 10; G.O. 47, 2009, § 9; G.O. 6, 2010, § 1; G.O. 12, 2016, § 1)

Indianapolis-Marion County Revised Code § 279-235 Preferences for employment, promotions and appointments.

Sec. 279-235. - Preferences for employment, promotions and appointments. (a) Except as provided in subsections (b) and (c) of this section, the board shall give a preference for employment to a war veteran who has been honorably discharged from the United States Armed Forces. (b) The board shall establish process phases and procedures for use in screening applicants to the department and members seeking promotion or appointment within the department. The board and the chief 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, court decisions and decrees that are binding on either the Indianapolis Police Department or the Marion County Sheriff's Department on the original effective date of this section, and generally acceptable law enforcement standards. The process may include, but need not be limited to, such phases as preliminary screening, physical agility testing, written examinations, interviews, background investigations, psychological testing, medical examinations, and polygraph examinations related specifically to the application process. (c) A person described in subsection (a) of this section may not receive a preference for employment unless the person applies for such employment, and meets all employment requirements prescribed by: (1) Law, including physical and age requirements; and (2) The Indianapolis Metropolitan Police Department. (G.O. 110, 2005, § 1; G.O. 2, 2008, § 10; G.O. 47, 2009, § 9)

Indianapolis-Marion County Revised Code § 279-236 Rules and regulations.

Sec. 279-236. - Rules and regulations. The board shall establish written rules and regulations governing the discipline of members of the department. Rules and regulations established under this section must conform to the disciplinary procedure required by section 279-237 of this chapter. (G.O. 110, 2005, § 1; G.O. 2, 2008, § 10; G.O. 47, 2009, § 9)

Indianapolis-Marion County Revised Code § 279-237 Discipline; merit board procedures and appeals.

Sec. 279-237. - Discipline; merit board procedures and appeals. (a) The civilian police merit board of the Indianapolis Metropolitan Police Department shall establish disciplinary policies for use in all disciplinary matters of the department. The merit board, in conjunction with the chief, subject to approval of the mayor, shall establish the rules and regulations for the department. All disciplinary charges shall be based on these rules and regulations. (b) Disciplinary actions within the department shall be in one (1) of the following forms: (1) Written reprimand; (2) Suspension without pay; (3) Demotion; or (4) Discharge. (c) An officer 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 chief shall have the ultimate authority to discipline any member of the department, subject only to the restrictions outlined below. In making his determination, the chief may refer the matter to a disciplinary board of captains for recommendation. Following his determination in a disciplinary matter, the chief may: (1) Issue a written reprimand. (2) Suspend an officer without pay for up to six (6) calendar months. If the suspension is for more than ten (10) working days, the officer may appeal that portion of the suspension greater than ten (10) days to the merit board. Such appeal must be made within thirty (30) calendar days of notice of the action. (3) Demote the officer in rank by one (1) merit rank. Any demotion may be appealed to the merit board within thirty (30) calendar days of notice of action. (4) Recommend discharge of the officer to the merit board. Upon referral of the matter to the merit board, the merit board shall conduct a de novo administrative hearing of record as provided in subsection (k) of this section. Pending determination by the merit board, the officer shall be placed on suspension without pay. (5) Reinstate with pay any officer who previously was suspended without pay. Provided, however, that the chief shall consult with the mayor regarding any discipline exceeding a ten-day suspension. (e) Departmental superiors shall have the authority to discipline subordinate officers as outlined below. However, these superiors may recommend any of the above disciplinary actions to the chief through the chain of command. (1) The assistant chief, deputy chiefs and majors may issue a written reprimand or suspend an officer for not more than ten (10) working days without pay. The chief may delegate additional disciplinary authority to the assistant and deputy chiefs. (2) Captains may issue a written reprimand or suspend an officer for not more than three (3) working days without pay. (3) Lieutenants may issue a written reprimand or suspend an officer for not more than two (2) working days without pay. (4) Sergeants may issue a written reprimand or suspend an officer for one (1) working day without pay. (f) Officers in non-merit appointed ranks 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. (g) All disciplinary actions taken by anyone except the chief shall be forwarded in writing to the disciplinary board of captains through the chain of command within three (3) working days of the action. The disciplinary board of captains shall ensure due process and consistency of discipline throughout the department. This disciplinary board may conduct an administrative review of the matter, request further investigation by internal affairs or other appropriate personnel, or hold a hearing on the matter. (h) If a hearing is held by the disciplinary board of captains, the officer charged shall be notified in writing of the charges, the time and date of the hearing, and the officer's right to receive in advance of the hearing a copy of any witness statement or other document that will be considered at the hearing. In such hearings, and pursuant to departmental policy, the officer shall have the right to have counsel present and to have witnesses subpoenaed by the board of captains to testify in his or her behalf upon advance notice to the board. All testimony before the captains' board shall be under oath, and any individual appearing before the board shall cooperate fully and answer all questions truthfully and directly. The hearing before the captains' board shall be conducted in accordance with the written directives of the chief and the merit board. After the hearing, the board of captains shall, upon majority vote, reduce to writing its findings of either guilty or not guilty. (i) The disciplinary board of captains shall report the results of its review and/or hearing to the chief for determination. Included in this report shall be the disciplinary board's findings and recommendations. If the finding is "guilty," the disciplinary board shall also make its recommendations for punishment. The chief may concur with the captain's board in full or in part or may fully or partially reverse its recommendations. (j) The disciplinary board of captains shall consist of three (3) officers holding the permanent merit rank of captain, who shall serve for a period of three (3) months. Each captain shall be selected at random. The names of the captains shall be drawn from a list of all eligible captains by the police officer ranking first on the most current sergeant's promotion list who shall serve for a period of three (3) months and who shall then be succeeded by the next highest ranking officer on such list who shall serve for a three-month period and so forth. If a vacancy occurs on the board of captains by reason of a board member becoming unable to perform his duties and serve on such board, the vacancy shall be filled in the same manner in which the board was selected. (k) Disciplinary actions addressed by the merit board on appeal from the officer shall be handled through administrative hearing. This hearing shall be de novo and shall be a hearing of record. In making an appeal, the officer shall submit a written request for appeal to the merit board within thirty (30) calendar days of notice of disciplinary action. The merit board then shall schedule the hearing, providing the officer with at least fifteen (15) calendar days' notice prior to the hearing date; however, if there are criminal charges pending against the officer that arose from substantially the same conduct, circumstances, or subject matter that gave rise to the disciplinary action, then the merit board shall not conduct the hearing until after such criminal charges have been resolved at the trial level. The evidence before the merit board shall consist of the written charges and action taken on such charges, the findings of fact and recommendations from the chief and/or the disciplinary board of captains, and any other evidence requested by the merit board or presented by the charged officer. (l) The officer requesting an appeal and the chief may be represented by legal counsel before the merit board. (m) After hearing the evidence, the merit board shall, by majority vote, reduce its findings and decision to writing. The merit board may fully or partially affirm or reverse any portion of the chief's determination that is appealable. In addition, the merit board may remand the action for further review by the chief. (n) If the officer is found not guilty by the merit board, any pay he or she may have lost due to suspension, or any rank lost due to demotion, shall be returned to the officer. (o) Any officer who disagrees with the findings of the merit board shall have the right to file a verified petition to the Superior or Circuit Court of Marion County for a review of the decision. The petition for review must be filed within thirty (30) calendar days after the written decision of the board. The City of Indianapolis shall be the sole defendant in the petition for review. Within thirty (30) calendar days after receipt of a summons, the city shall cause the merit board to file a true and complete copy of the transcript of the hearing with the court. The court, without jury, shall review the record and render its decision as in other administrative reviews. The clerk of the court shall send a copy of the court's decision to the Indianapolis Metropolitan Police Department and the appealing officer. Either party may appeal the decision of the court. (p) For the purpose of all hearings before the disciplinary board of captains and the merit board, each shall have subpoena power enforceable by the circuit or superior court of the county. (q) A copy of any disciplinary action taken and of the findings of fact and recommendations of the board shall be forwarded to the charged officer. In addition, if an officer is found guilty, notice of the action shall be forwarded to the merit board and made a permanent part of the officer's personnel record. (G.O. 110, 2005, § 1; G.O. 2, 2008, § 10; G.O. 47, 2009, § 9; G.O. 13, 2016, § 21)

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_DIV3MESYFetched: 10/27/2026