Ind. Code ch. 36-8-2.2

in effect

Ind. Code § 36-8-2.2-1 Applicability to certain members and departments without merit system

Sec. 1. (a) This chapter applies only to a firefighter who is a full-time, paid, nonprobationary member of a fire department. (b) This chapter does not apply to any of the following: (1) A member of the fire department who holds an upper level policy making position. (2) A member of the fire department who holds a position in the fire department: (A) that is not an upper level policy making position; and (B) to which the member was appointed by the chief. (3) A fire department, fire protection district, or fire protection territory having a merit system established under IC 36-8-3.5. As added by P.L.140-2017, SEC.1. Amended by P.L.207-2023, SEC.1.

Ind. Code § 36-8-2.2-2 Not applicable to investigation of criminal conduct

Sec. 2. (a) This chapter does not apply to any interview, interrogation, or other proceeding that is part of an investigation of criminal charges against a firefighter. (b) This chapter does not apply to any interview, interrogation, or other interaction that is part of an investigation of a firefighter's conduct, including an interview or investigation to which IC 36-8-2.1 applies. As added by P.L.140-2017, SEC.1. Amended by P.L.33-2020, SEC.14.

Ind. Code § 36-8-2.2-3 "Fire department"

Sec. 3. As used in this chapter, "fire department" means a fire department established by a county, city, town, or township, including a fire protection district under IC 36-8-11 or a fire protection territory established under IC 36-8-19. The term does not include a volunteer fire department. As added by P.L.140-2017, SEC.1.

Ind. Code § 36-8-2.2-4 Notice of termination or demotion

Sec. 4. A firefighter has at least the rights set forth in this chapter, in a meeting at which the chief of the fire department notifies the firefighter of the firefighter's: (1) termination; or (2) demotion with cause. As added by P.L.140-2017, SEC.1.

Ind. Code § 36-8-2.2-5 Right of representation

Sec. 5. (a) A firefighter has the right to be represented in any meeting under section 4 of this chapter by either or both of the following of the firefighter's own choosing and at the firefighter's own expense: (1) Legal counsel. (2) A labor organization representative or other representative. (b) Nothing in this chapter prohibits a firefighter from waiving the firefighter's right of representation under this chapter. As added by P.L.140-2017, SEC.1.

Ind. Code § 36-8-2.2-6 72 hours to obtain representation

Sec. 6. (a) A meeting under section 4 of this chapter may not proceed until the firefighter is provided at least seventy-two (72) hours to obtain the representation requested by the firefighter. (b) A firefighter may request representation during a meeting under section 4 of this chapter, if the firefighter was not given the seventy-two (72) hour period described in subsection (a). As added by P.L.140-2017, SEC.1.

Ind. Code § 36-8-2.2-7 Contracts executed before July 1, 2017

Sec. 7. This chapter does not affect a contract executed or renewed before July 1, 2017. As added by P.L.140-2017, SEC.1.

Ind. Code § 36-8-2.2-8 Rights provided by contract or other law

Sec. 8. The rights of a firefighter provided by this chapter are in addition to and do not abridge, diminish, or cancel the rights and privileges of a firefighter that are provided under contract or any other law. As added by P.L.140-2017, SEC.1.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026