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MERIT COMMISSION RULES
PERRY TOWNSHIP
FIRE DEPARTMENT
Merit Commission
Rules & Regulations
This Document replaces the “Commission Rules”
dated June 16, 1999 and the
“Fire Department Rules and Regulations”
dated November 19, 2003.
The Department and the Township are equal opportunity employers and do not
discriminate in hiring or employment practices on the basis of age, gender,
race, color, national origin, religious or political affiliation, sexual
orientation, veteran status or disability except where specific age, gender or
physical requirements constitute a bona fide occupational qualification, are
necessary for proper and efficient administration of the Department or are
otherwise allowed or required by law. All hiring processes shall be administered
in compliance with the Americans with Disabilities Act, and the Department and
the Commission shall take any action necessary to comply with the provisions of
the Americans with Disabilities Act.
 PERRY
TOWNSHIP
FIRE DEPARTMENT
PERRY TOWNSHIP FIRE DEPARTMENT
MERIT COMMISSION
RULES AND REGULATIONS
Table of Contents
Section I Merit Commission General Procedures 1
Section II Application and Hiring Procedures 5
Section III Performance Evaluation 9
Section IV Promotional Processes 10
Section V Disciplinary Procedures 14
Section VI Miscellaneous Matters 18
SECTION I
MERIT COMMISSION GENERAL PROCEDURES
A) Duties of Commission. The Perry Township Fire Department Merit Commission
(the “Commission”) is responsible for establishing and administering uniform
procedures for the selection, promotion, performance review, career development
and discipline of Members of the Perry Township Fire Department (the
“Department”) and to provide review and oversight of those processes. The
Commission was established by Resolution of the Township Board of Perry Township
of Marion County, Indiana (the “Township”) and shall have all the authorities
and responsibilities set forth in applicable Indiana law.
B) Definitions. As used throughout the Perry Township Fire Department Merit
Commission Rules and Regulations, the following terms shall have the definitions
indicated:
1) “Board” shall mean the Township Board of Perry Township of Marion County,
Indiana.
2) “Chief” shall mean the Chief of the Perry Township Fire Department.
3) “Commission” shall mean the Perry Township Fire Department Merit Commission.
4) “Department” shall mean the Perry Township Fire Department.
5) “Department Headquarters” shall mean 4925 Shelby Street, Suite 200,
Indianapolis, IN 46227.
6) “Member” or “Member of the Department” shall mean a full time paid career
firefighter employed by the Perry Township Fire Department.
7) “Merit Commission Rules” or “Rules” shall mean these Perry Township Fire
Department Merit Commission Rules and Regulations.
8) “Merit Law” or “Indiana Merit Law” shall mean the Indiana Merit Statute, I.C.
36-8-3.5-1 et seq. as amended and supplemented by the Board or the Merit
Commission Rules.
9) “Township” shall mean Perry Township of Marion County, Indiana.
10) “Trustee” shall mean the Township Trustee of Perry Township of Marion
County, Indiana.
C) Appointment and Qualifications of Commissioners.
1) Terms. The Commission shall consist of five (5) members. Commissioners shall
serve four (4) year terms at the pleasure of their respective appointing
authority. Current Commission members, political affiliation, appointing
authority and term expiration are as follows:
Member Appointing Authority Term Expiration
Sue Tibbetts (R) Firefighters 12/31/10
Norm Jones (D) Firefighters 12/31/08
David Wantz (D) Trustee 12/31/10
Linda Peterson (R) Trustee 12/31/08
Harold Day (R) Township Board 12/31/10
The above members, appointing authorities and terms are listed for future
reference only, and these Rules need not be amended to reflect new appointees.
2) Qualifications. Commissioners must be legal residents of Perry Township and
have maintained that residency for at least three (3) years prior to their
appointment. Commissioners shall be persons of good moral character.
Commissioners must be at least twenty-one (21) years of age and may not be an
active member of a police or fire agency. No more than two (2) Commissioners may
be past members of a police or fire agency. In addition, no paid Perry Township
employee may serve on the Commission. Political affiliation shall be determined
by the voter’s registration records for the most recent three (3) primary
elections.
3) Removal and Vacancies. Commissioners shall serve at the pleasure of the
appointing or electing authority and may be removed at any time, with or without
cause. In the case of a Commissioner elected by the Department, the Trustee
shall call a meeting of the active members of the Department to select a
replacement under the procedures specified in I.C. 36-8-3.5-8, if a recall
petition signed by a majority of the active members of the Department is
submitted to the Trustee. All vacancies shall be filled within thirty (30) days,
and the replacement Commissioner shall serve for the remainder of the unexpired
term of the original Commissioner.
D) Meetings and Commission Business.
1) Regular Monthly Meetings. The Commission shall establish and post a schedule
of regular monthly meetings at the beginning of each year. When establishing the
schedule, the Commission will consider input from the Chief regarding
anticipated needs in the coming year for firefighter selection, appointment and
promotion processes. Meetings will normally occur at Department Headquarters but
may be held elsewhere at the discretion of the Commission. At least forty-eight
(48) hours prior to a regularly scheduled meeting, notice will be posted at the
meeting location. If there is no anticipated business, upon approval of the
President or other designate of the Commission, a regular meeting may be
cancelled by posting notice at least forty-eight (48) hours prior to the
regularly scheduled meeting.
2) Special Meetings. A Special Meeting may be called upon forty-eight (48) hour
notice to Commissioners and required media and the posting of the meeting date,
time and location at Department Headquarters. A Special Meeting may be called by
the President of the Commission, or by any three (3) members of the Commission.
Reasons for Special Meetings may include, but are not limited to, disciplinary
appeals, review of disciplinary matters, unforeseen changes in selection or
promotion processes, or unforeseen vacancies in rank or positions.
3) Executive Sessions. The Commission may hold executive sessions upon the call
of the President or any two (2) members of the Commission for any purpose
permitted under I.C. 5-14-1.5-6.1. At least forty-eight (48) hours prior to an
executive session, notice shall be given to all Commissioners and required media
and shall be posted at the meeting location, including within the Notice the
stated purpose for the executive session. Executive sessions are closed to the
public. Final action on all matters must be taken at a meeting open to the
public in accordance with Indiana law.
4) Quorum and Official Action. At any meeting of the Commission, the presence of
at least three (3) members of the Commission shall be necessary to constitute a
quorum. Action by the Commission shall be authorized by the affirmative vote of
at least three (3) Commissioners acting at a properly called meeting at which a
quorum is present.
5) Conduct of Meetings. Meetings of the Commission shall be conducted within
normal public meeting guidelines and under the general guidelines of Roberts
Rules of Order. Meetings shall be subject to the provisions of the Indiana Open
Door Law, I.C. 5-14-1.5 et seq.
6) Officers. At the first meeting of every calendar year, the Commission shall
select from its members a President, Vice-President and Secretary. The President
is responsible for presiding at all meetings, communicating with Commission
members in cases of special meetings or cancellation of meetings, official
communication with members of the Department, and preparation and presentation
of the Commission budget. The Vice-President is responsible for performing
duties of the President in the absence of the President. The Secretary is
responsible for record keeping, minutes of meetings, and circulation and posting
of notices of meetings. A recording secretary may be employed by the Commission.
7) Public Records. An official record of all meetings of the Commission shall be
maintained in accordance with I.C. 5-14-1.5-4(b) and (c) and shall be available
for inspection at Department Headquarters during normal business hours. Records
of selection and promotion processes and disciplinary proceedings that include
confidential information shall be separately retained and secured at Department
Headquarters. The Commission shall be governed by, and all records of the
Commission shall be maintained in accordance with, I.C. 5-14-3 et seq.
8) Budget. The Commission shall annually submit a budget to the Trustee
sufficient to cover all anticipated costs of the Commission for the coming year.
The President shall prepare and present a draft budget for approval by the
Commission at the June meeting of each year. After approval by the Commission,
the budget shall be forwarded to the Trustee in the same manner as other budgets
for the Township.
SECTION II
APPLICANT REQUIREMENTS AND PROCEDURES
A. General Requirements. To be appointed to the Department, applicants must meet
the following minimum requirements:
1) Applicants must be citizens of the United States at least twenty-one (21)
years of age, but under thirty-six (36) years of age at the time of appointment
to the Department. The age requirements do not apply to a person who has been
previously employed as a Member of the Department and who otherwise qualifies
under Indiana law.
2) Applicants must be high school graduates or have attained an equivalent
certification.
3) In accordance with I.C. 36-8-3.5-12(c), applicants for appointment,
reappointment or reinstatement must not have been convicted of a felony.
4) Applicants must be of good moral character.
5) Applicants must be residents of Marion County or counties adjacent to Marion
County and must remain residents of Marion County or counties adjacent to Marion
County during their term of employment with the Department, and must maintain
local residential telephone service.
6) Applicants must possess a current valid Indiana driver's license or
beginner's permit, and must acquire and maintain a valid driver’s license
without restriction due to traffic violations by the time of appointment and
throughout the applicant's employment by the Department.
7) Applicants must be able to read, write, speak, understand and otherwise
communicate fluently in the English language.
8) Applicants must be a certified Emergency Medical Technician (EMT) or agree in
writing to become a certified EMT within one (1) year of employment by the
Department, and shall maintain such certification throughout the applicant’s
employment.
9) As a general rule, the applicant must not have been dishonorably discharged
from the military service.
10) The Commission may set additional minimum requirements for a specific hiring
event including, but not limited to, prior experience as a full time
firefighter, current membership in the 1977 Fund or specific certifications
(such as EMT or Paramedic Certification).
B. Notification of Hiring Process. Applicants will be notified of the
Department's creation of a hiring list through advertisements placed with the
local print and/or electronic media, the posting of hiring literature in public
places, and/or by internet notification.
C. Overview of Hiring Process. Applicants shall be rated on selection criteria
and testing methods developed by the Department and adopted by the Commission
prior to the hiring process in accordance with I.C. 36-8-3.5-12(e), as amended.
The following is an overview of the events normally comprising the hiring
process. These events may or may not be in the sequence set forth below, and the
Commission shall determine the appropriate sequence of events prior to each
hiring process. In addition, the Commission may determine that certain events
will be added to or deleted from the following list:
1) Request from the Chief that the Commission approve the initiation of a new
hiring process;
2) Approval of hiring process and application packet by Commission, along with
any specific limitations or directions to the Chief
3) Advertisement and notice of commencement of hiring process;
4) Registration of applicants and distribution of applications;
5) Application returned to the Commission or the Chief as its agent;
6) Written general aptitude test administered;
7) Structured oral interview administered;
8) Scores tabulated and eligibility list developed;
9) Eligibility list submitted to and certified by Merit Commission;
10) Notification to applicants of conditional offer of employment;
11) Post-offer background checks are conducted;
12) Physical agility testing conducted;
13) Medical and psychological testing process through Public Employees
Retirement Fund (PERF); and
14) Swearing in.
D. Receipt of Application. With the application, applicants will receive a job
description for probationary firefighter and a notice to applicants detailing
the hiring process and necessary qualifications, all in a format approved by the
Commission.
E. Return of Application to Commission. Any applicant who does not return the
completed application within the time limits set by the Commission will not be
allowed to continue with the hiring process.
F. Written General Aptitude Test. Applicants are required to take and pass a
written general aptitude test reflecting essential functions of the job
conducted according to procedures adopted by the Commission and administered in
a manner reasonably accommodating the needs of disabled applicants. The test
date, place, and starting time will be announced in writing to each applicant;
tardiness may cause the applicant to be removed from the hiring process. Unless
otherwise determined by the Commission, the test shall constitute forty percent
(40%) of the applicant’s overall score.
G. Structured Oral Interview. Applicants will answer questions from an oral
interview board that is comprised of state certified firefighters selected by
the Chief with approval by the Commission. The questions will be identical for
each applicant and each applicant will be rated on his/her answers in accordance
with uniform anchors established by the Chief. Unless otherwise determined by
the Commission, the oral interview shall constitute fifty percent (50%) of the
applicant’s overall score.
H. Certifications and Experience. Additional points shall be awarded to
applicants for the following for a maximum of ten percent (10%) of the total
eligible score:
1) Honorable discharge from the military 2 points
2) Fire Service Certification-Firefighter I .5 points
3) Fire Service Certification-Firefighter II .5 points
4) Fire Service Certification-Master Firefighter .5 points
5) Haz-Mat Technician Certification .5 points
6) EMT Certification .5 points
7) Advanced EMT Certification .5 points
8) Paramedic Certification 2 points
9) College Degree (Associate Degree) 1 point
10) College Degree (Bachelor’s Degree) 2 points
I. Full Time Experience Factors. With the approval of the Commission for a given
hiring event, applicants who are currently employed as full time career
firefighters and who hold current active membership in the 1977 Police Officer’s
and Firefighter’s Pension and Disability Fund, shall receive an additional five
(5) percentage points to their score.
J. Development of Eligibility List. Applicants who obtain at least a 70% score
on all graded components and a passing score on all pass/fail components will be
placed on a hiring eligibility list in order from highest to lowest as computed
by scores resulting from the structured oral interview, the written test and
certifications.
K. Background Checks. The Commission will conduct background checks of
applicants to examine the applicants' character, habits, and reputation.
Background checks may be conducted prior to the certification of the eligibility
list, prior to notification of a conditional offer of employment, or after a
conditional offer of employment has been extended at the option of the
Commission.
L. Certification of Eligibility List. The hiring eligibility list will be
presented to the Commission for certification. The hiring eligibility list
prepared as a result of an applicant screening process shall be in effect for
two (2) years or until a new eligibility list is certified by the Commission for
any reason, whichever occurs first. A person who is not selected for appointment
from a prior eligibility list may reapply as an applicant, unless that
individual no longer meets the eligibility qualifications set forth above. The
Commission may elect to decertify a list prior to its expiration by majority
vote of the Commission. The Commission may also periodically purge a current
certified list by removing those individuals no longer interested in (or
eligible for) employment by the Department.
M. Conditional Offer of Employment. When a vacancy occurs in the Department, the
Chief, with the approval of the Commission, shall make a conditional offer of
employment as a probationary firefighter to such applicant or applicants as are
necessary to fill any vacancies which exist in the Department by taking the
applicant having the highest score on the eligibility list and proceeding down
the list in order to fill the first eighty percent (80%) of such vacancies. The
Chief, with the approval of the Commission, shall make a conditional offer of
employment for the remaining twenty percent (20%) of the vacancies by selecting
any person remaining on the final eligibility list based on the needs of the
Department and the qualifications of the individual.
N. Physical Agility Test. Applicants must be able to complete a physical agility
test designed to meet the requirements of I.C. 36-8-3.2-3 and approved by the
Commission. The Department shall send written notice to the applicants to be
tested, stating the date, time and place the physical agility test will be
conducted. The physical agility test shall be administered on a pass/fail basis,
and those applicants scoring below the passing criteria shall be eliminated from
the hiring process.
O. Public Employees Retirement Fund (PERF) Approval. Those applicants receiving
conditional offers of employment and passing the physical agility test shall be
required to take and pass a pension physical and psychological examination
meeting the requirements of I.C. 36-8-3.5-12(g) and (e), the results of which
are subject to review by PERF. All test results shall be referred to the Perry
Township Fire Pension Board for review and acceptance.
P. Swearing In Ceremony. Upon receipt of the approval notification of the PERF
examinations by state and local pension boards, appointment to the Department
will occur at a swearing in ceremony scheduled by the Chief. Every person
appointed shall subscribe to and take the Oath of Office.
Q. Probationary Status. Applicants hired will become employees of Perry Township
of Marion County, Indiana, and will be Members of the Department. Members will
remain on a probationary status for a period of one (1) year after appointment
and are subject to all the rules and regulations of the Department. Upon request
of the Chief of the Department stating that the conduct or capacity of a
probationary Member is unsatisfactory, the Commission may dismiss any
probationary Member of the Department, without hearing or right of appeal, so
long as the request is delivered to and acted upon by the Commission within the
Member's probationary period. The Commission may extend the probationary period
of any member an additional six (6) months at the request of the Chief. In the
event a probationary member is called to military service during the
probationary period, the time during which the Member is absent from duties as a
firefighter shall toll and shall not be counted towards the probationary period.
When the probationary firefighter returns to duty following military service, he
or she shall be required to complete the probationary service and shall be given
credit for only such probationary service as was successfully completed prior to
the absence.
R. Order of Seniority. For those Members hired to participate in a common
recruit class and who successfully complete the recruit class, seniority within
that class shall be determined by the Members' order of finish in the recruit
class as determined by combined test and certification scores during that class.
S. Orientation. Unless granted an extension by the Department, members hired
will be required during the basic training period, which shall not exceed six
(6) months from the date of employment, to take and pass the following:
1) The approved Department orientation program;
2) The State approved Emergency Medical Technician (EMT) class and State
Certification Examination;
3) The State approved Firefighter I and II class and State Certification
Examination;
4) The State approved Hazardous Materials Operations class and State
Certification
Examination;
5) The State approved Extrication Operations class and State Certification
Examination per NFPA guidelines;
6) The State approved Swift Water Operation class and State Certification
Examination per NFPA guidelines; and
7) National Incident Management System (NIMS) IC 100 and IC 200.
S. Certification of Emergency Medical Technicians. All members, after becoming
state certified as emergency medical technicians, must maintain that
certification throughout their employment with the Department. Members who are
certified as EMTs at the time of employment must successfully pass the
Department's written EMT test and practical skills test, and maintain the
certification throughout their employment.
T. Certification of Firefighters. Probationary firefighters who take and fail to
pass the state firefighter course for probationary firefighters will be subject
to termination. If certified as a firefighter, the probationary firefighter must
successfully pass the Department's firefighter written and practical tests.
U. Certification of Paramedics. Members hired as paramedics will also be
required to have certification as a paramedic by the State of Indiana Emergency
Medical Services Commission at the time of appointment, and to maintain
certification and active affiliation with the Department’s sponsoring hospital
throughout the time they are functioning as a paramedic with the Department.
Paramedics must commit in writing that they will remain in the Department’s
paramedic classification for no less than five (5) years, and shall do so,
unless otherwise approved by the Chief.
V. Joint Hiring Board. The Chief shall have the authority to enter into a joint
hiring board process with other departments with the approval of the Commission.
SECTION III
PERFORMANCE EVALUATIONS
A. General and Job Specific Performance Evaluation. The Department shall
administer, at least one every six (6) months, both a General Performance
Evaluation and a Job Specific Performance Evaluation for every non-probationary
Member of the Department in accordance with I.C. 36--8-3.5-15, as amended.
Performance evaluations shall be conducted by one (1) or more of the Member’s
superiors in accordance with procedures established by the Chief subject to
approval by the Commission.
B. Probationary Employees. A probationary Member shall receive an evaluation at
least once every three (3) months after the date of hire, including an
evaluation immediately prior to the expiration of the probationary period. A
recommendation shall be made to the Commission by the Chief regarding the
probationary Member’s successful completion of the probationary period.
C. EMS Field Evaluation. An Emergency Medical Services Field Evaluation and
other evaluative tests may be utilized during the year to assess performance of
EMS personnel.
D. Promotional Employees. All promotions shall be probationary for a period of
one (1) year from the date of promotion. Following a promotion, a Member shall
receive an evaluation at six (6) months after the date of promotion and at
eleven (11) months after the date of promotion. A recommendation shall be made
to the Commission by the Chief regarding the probationary promotee’s successful
completion of the probationary promotion period.
F) Records. The Chief shall notify each Member of the Department in writing of
the rating the Member received. All ratings shall be submitted to the Chief and
shall be maintained in the Member’s personnel file.
G) Appeals. A Member who is aggrieved with the performance rating given by his
superior may appeal in writing to the Commission for a review of the rating. The
appeal must be filed with the office of the Chief within ten (10) days after
receiving notice of the rating received. A short written narrative of the
perceived evaluation discrepancy and a copy of the performance appraisal must be
included with the appeal. The Commission shall affirm or correct the rating at
the Commission’s next meeting, or at such other time designated by the
Commission. The Commission shall notify the appealing party, the Chief, the
evaluator and the Union District President at least forty-eight (48) hours prior
to hearing the appeal of any performance evaluation.
SECTION IV
PROMOTIONAL PROCESS
Members participating in the Department's promotional process shall be rated on
selection criteria and testing methods developed by the Department and adopted
by the Commission prior to the promotional process. The following is an overview
of the events normally comprising the promotional process. These events may or
may not be in the sequence set forth below, and the Commission will determine
the appropriate sequence of events prior to each promotional process. In
addition, the Commission may determine that certain events or requirements
(e.g., educational requirements, registration requirements, assessment
standards) will be added to or deleted from the promotional process described
below on a case-by-case basis.
A. Promotional Ranks. The promotional ranks within the Department are:
1) Lieutenant; and
2) Captain.
B. Job Descriptions. Each position shall be described in a written job
description and shall be included in the Job Classification Manual established
and maintained by the Chief.
C. Educational Requirements. Each position has educational prerequisites that
must be met before the promotional process is started. The education
requirements are as follows:
1) Lieutenant candidates must have successfully completed the following
requirements or their equivalents: (a) the State of Indiana NFPA Fire Officer I
Certification; (b) the State of Indiana NFPA Fire Instructor I Certification;
(c) NFPA Incident Safety Officer class; (d) State of Indiana NFPA Investigator I
Certification; (e) National Incident Management System IC 300; and (f) State of
Indiana NFPA Inspector I Certification.
2) Captain candidates must have successfully completed the educational
requirements for the rank of lieutenant as well as the following requirements or
their equivalents: (a) the State of Indiana NFPA Fire Officer II Certification;
(b) the State of Indiana NFPA Fire Instructor II and III Certifications; (c)
National Incident Management System IC 400; and (d) Public Information Officer.
The Commission may substitute or amend the above-educational requirements with
equivalent requirements from time-to-time.
D. Prior Experience. The following employment requirements are established for
all individuals seeking promotion within the Department:
(1) Lieutenant: To be eligible for promotion to the rank of lieutenant, an
individual must have completed five (5) years of continuous service as a
full-time Member of the Department.
(2) Captain: To be eligible for promotion to the rank of captain, an
individual must have completed three (3) years in the rank of lieutenant.
E. Eligibility List. The chief officer supervising the Training Division will
submit to the Chief of the Department a list of personnel within the Department
who are qualified to participate in the promotional process. The Chief of the
Department will notify each of those Members when a promotional process is about
to begin and that those Members are qualified to participate.
F. Registration. A sign up list will be posted at Headquarters for a period of
at least two (2) weeks prior to the start of the promotional process. There will
be one (1) sign up list for each of the promotional ranks within the Department.
In order to participate in the process, a candidate must sign up in person
during Department Headquarters' normal business hours. At the time each
candidate for promotion signs up to participate in the promotional process,
he/she will receive a promotional booklet. The promotional booklet will describe
details about the process, list reading requirements, sources for reading
requirements, percentages for scoring, contact personnel for questions, and
dates on which aspects of the promotional process will occur.
G. Overview of Promotional Process. In accordance with I.C. 36-8-3.5-13(a), the
Commission has determined that the promotional process shall be comprised of the
following weighted components:
1) Written examination (25%);
2) Assessment Center (30%);
3) Structured Oral interview (20%);
4) Seniority (10%);
5) Educational Experience (10%);
6) Second Oral Interview (5%); and
7) Performance record (divided equally among attendance, discipline and
performance ratings) (5%).
H. Disqualification. If any candidate for promotion is late for any part of the
promotional process, he/she may be allowed to continue with the promotional
process but may be removed from further consideration by the Commission.
I. Written Examination.
1) Assigned reading materials will be made available in all station houses.
Additional copies may be purchased by the individual. Candidates should make
sure that the edition and title are the same as the assigned reading materials.
Candidates for promotion shall be notified that the questions on the written
test will be taken from the reading materials that are listed as assigned
reading materials in the promotional booklet.
2) The specific dates, times, and locations for the exams will be published at
least 60
days prior to the exams. There will be two exam sessions, so that each candidate
will be able to attend off duty. There will be no allowances for make-up
testing; candidates must arrange their schedules appropriately.
J. Oral Interview. The next phase of the promotional process will be a
structured oral interview. The interviews will be scheduled over a period of
time starting the week after the written tests. The times and dates will be
announced so that each candidate may attend the interview off duty. The
structured oral interview is meant to assess a candidate's ability to respond to
critical questions which may be posed by superiors and subordinates. The
interview will be conducted by a Promotional Interview Board comprised of senior
officers from within and outside the Department.
K. Assessment Center. Another phase of the promotional process is the assessment
center. The assessment center exercises will occur at the same time as the oral
interviews. The assessment center exercises may include presentations to the
Board, oral interview exercises involving memos, group discussions, problem
analysis, or simulated situations. This phase of the process examines the job
related behavioral tasks and job duties. The job related tasks and duties will
be those of the rank the candidate is competing to attain. The Promotional
Interview Board that evaluates the oral interview will also evaluate the
assessment center exercises.
L. Independent Review. The Commission may utilize an outside, independent agency
to act on its behalf to construct, evaluate, administer, grade and report on the
written test questions, the oral interview questions, and the assessment center
evaluations. A Promotional Development Committee may be convened to review and
approve written questions, oral questions and the assessment center exercise
recommended by the outside agency.
M. Appeal and Review Process. After the results have been sent to each of the
candidates, there will be a review session to allow each candidate to review the
written questions and their own answers. All candidates will be allowed to
submit written challenges on questions, which appear on the written test. The
challenges will be submitted to the Promotional Development Committee for
action. If a problem is found with a question and the question is thrown out,
the question will be thrown out for all candidates.
N. Establishment of Promotional List. After the review session is complete, the
Promotional Development Committee and/or any outside agency shall tabulate
scores for all candidates and shall submit them to the Commission. After the
scoring process, the Commission shall establish a promotional list for each
rank, ranking personnel on their respective list in order of their cumulative
scores on all rating factors.
O. Promotion of Members. When a vacancy in rank occurs, the Commission shall
certify to the Chief the three (3) Members with the highest scores on the
eligibility list for that rank. Within six (6) months the Commission, upon the
recommendation of the Chief, shall promote one (1) of those Members to fill the
vacant position.
P. Terms of Appointment. All promotions are probationary for a period not to
exceed one (1) year. The Department shall send written notice to the Commission
sixty (60) days in advance of the projected date upon which any probationary
officer is due to complete the one (1) year probationary period. At the end of
the period, a probationary officer’s superior shall review the officer’s
performance and recommend to the Commission that: (1) the promotion be made
permanent; or (2) the promotion be revoked. The Commission shall review the
report and determine the action to be taken. The probationary officer is
entitled to appear before the Commission and be heard on any matter contained in
the superior’s report. The probationary office is also entitled to
representation by counsel or another representative of his or her choice. If the
promotion is final or revoked, the member shall be returned to a rank not lower
than the rank held before the probationary promotion. Actions by the Commission
other than making the promotion permanent may be appealed within thirty (30)
days to the Circuit or Superior Court of Marion County. With the Township being
named as the sole defendant.
Q. Upper Level Policymaking Positions. The Trustee is empowered by Indiana law
to appoint upper level policymaking positions, including the Chief and Division
Chiefs of the Department. The Chief shall be selected from the Members of the
Department and must have at least five (5) years service in the Department
before appointment. This requirement may be waived by a majority vote of the
Township Board upon request of the Trustee. However, the Chief must still have
at least five (5) years service in a full-time, paid fire department or fire
agency. Removal by the Trustee of a Member from an upper level policymaking
position is removal from rank only and not from the Department. When a Member
holding an upper level policymaking position is removed by the Trustee, the
Member shall be appointed by the Commission to the rank in the Department held
at the time of appointment to the upper level policymaking position or to any
rank to which the Member had been promoted during the Member’s tenure in the
upper level policymaking position. If such a rank is not open in either case,
the Member is entitled to the pay of that rank and shall be promoted to that
rank as soon as an opening is available.
R. Members Not Eligible. Members of the Department demoted for cause may not
participate in the promotional process within two (2) years of the effective
date of the demotion. Any Member of the Department on probationary status is not
eligible for promotion during the probationary period.
SECTION V
DISCIPLINARY ACTIONS
Both the Chief and the Commission may take disciplinary action against a Member
of the Department. The policies and procedures for such disciplinary actions are
generally set forth below, and are governed by I.C. 36-8-3.5-17, -18, -19, as
amended, and other applicable law. The following procedures generally follow the
foregoing provisions, but shall not limit the discretion of the Department, the
Chief, the Township or the Commission in any way. To the extent that these
procedures are inconsistent with or omit any non-discretionary provision of
Indiana law, these procedures are deemed to be amended by the applicable Indiana
Code requirements and relevant case law which are incorporated herein by
reference and should be referred to in addition to these procedures.
A. General: Indiana law provides that, with certain exceptions, a Member of the
Department holds office or grade until he or she is dismissed or demoted by the
Commission. In accordance with I.C. 36-8-3.5-17, the Commission may take the
following disciplinary actions against a regular Member of the Department: (1)
suspension with or without pay; (2) demotion; or (3) dismissal. If a Member is
suspended by the Commission, the Member is entitled to the Member’s remuneration
and allowances for insurance benefits to which the Member was entitled before
the suspension. In addition, the Township may provide the Member’s allowances
for any other fringe benefits to which the Member was entitled before the
suspension, at the Township’s option. The Commission shall determine if a Member
of the Department who is suspended in excess of five (5) days shall continue to
receive the Member’s salary during suspension.
B. Offenses. A Member of the Department may be disciplined by the Commission
upon the occurrence of any of the following:
A) Conviction in any court of any crime; or
B) A finding and decision of the Commission that the member has been or is
guilty of any breach of discipline, including:
(i) Neglect of duty;
(ii) A violation of Commission rules, regulations or policies;
(iii) Neglect or disobedience of orders;
(iv) Continuing incapacity;
(v) Absence without leave;
(vi) Immoral conduct;
(vii) Conduct injurious to the public peace or welfare;
(viii) Conduct unbecoming an officer;
(ix) Furnishing information to an applicant for appointment or promotion that
gives that person an advantage over another applicant; or
(x) Any other breach of discipline or violation of Department rules or policies.
C) Investigation. All disciplinary matters shall be presented to the Chief for
appropriate investigation and inquiry. If, in the Chief's opinion, a full
investigation should be made, he may appoint an Investigation Board comprised of
one (1) or more persons to complete the investigation. The Chief may also
appoint a Special Investigator (who may or may not be a member of the
Department) to handle investigations of a smaller scale or where a full board is
not warranted or desired. On all matters coming before the Investigative Board
or the Special Investigator appointed by the Chief, a written finding of fact
and recommendations shall be prepared, with a recommendation of charges (if any)
to file against the member. A copy of these findings and all relevant
information, photos, depositions, physical evidence, official reports and other
materials will be delivered to the Chief for further action by the Chief or the
Commission.
D) Hearing Request. If the Chief, after an investigation within the Department,
brings charges against a Member for an alleged breach of discipline, including
any civilian complaint, a hearing shall be conducted upon the request of the
Member. If a hearing is requested within five (5) days of the Chief bringing
charges, the parties may by agreement designate a Hearing Officer who is
qualified by education, training, or experience. If no agreement is reached
within this five (5) day period, the Commission may hold a hearing or designate
a person or board to conduct the hearing following procedures set by the
Commission. The designated person or board must be qualified by education,
training, or experience to conduct such hearing and may not hold an upper level
policy making position with the Department. Any hearing conducted pursuant to
these procedures shall be held within thirty (30) days after it is requested by
the Member, unless the parties agree otherwise.
E) Notice. Written notice of the hearing shall be served upon the accused Member
in person or by a copy left at the Member’s last and usual place of residence at
least fourteen (14) days before the date set for the hearing. The notice must
state: (1) the time and place of the hearing; (2) the charges against the
Member; (3) the specific conduct that comprises the charges; (4) that the Member
is entitled to be represented by counsel or another representative of the
Member’s choice; (5) that the Member is entitled to call and cross-examine
witnesses; (6) that the Member is entitled to require the production of
evidence; and (7) that the Member is entitled to have subpoenas issued, served,
and executed.
F) Commission Powers. The Commission may compel the attendance of witnesses by
issuing subpoenas, examine witnesses under oath, and order the production of
books, papers, and other evidence by issuing subpoenas. If a witness refuses to
appear at a hearing of the Commission after having received written notice
requiring the witnesses’ attendance, or refuses to produce evidence that the
Commission requests by written notice, the Commission may file an affidavit in
the Marion Circuit Court setting forth the facts of the refusal. Upon the filing
of the Affidavit, a summons shall be issued from the Circuit Court and served by
the Marion County Sheriff requiring the appearance of the witness or the
production of information or evidence to the Commission. Disobedience of a
summons constitutes contempt of the Circuit Court. All expenses related to the
filing of an affidavit and the issuance and service of a summons shall be
charged to the witness against whom the summons has been issued unless the
Circuit Court provides otherwise.
G) Criminal Charges. If a member is subject to criminal charges, the Chief or
the Commission may place the member on administrative leave until the
disposition of the criminal charges in the trial court. Any other action by the
Commission is stayed until the disposition of the criminal charges in the trial
court. An administrative leave due to criminal charges may be with or without
pay, as determined by the Commission. If the member is placed on leave without
pay, the Commission, in its discretion, may award back pay if the member is
exonerated in the criminal matter. The Commission, however, is not required to
award back pay regardless of the ultimate disposition of the criminal charges.
H) Determination. A determination by the Commission to discipline a Member may
be made only if the preponderance of the evidence presented at the hearing
indicates such a course of action. A Member who is aggrieved by the decision of
a person or board designated by the Commission to conduct a disciplinary hearing
may appeal to the Commission within ten (10) days of the decision. The
Commission shall on appeal review the record and either affirm, modify, or
reverse the decision on the base of the record and such oral or written
testimony that the Commission determines, including additional or newly
discovered evidence. The Commission, or the designated person or board, shall
keep a record of the proceedings in cases of suspension, demotion or dismissal.
The Commission shall give a free copy of the transcript to the Member upon
request if an appeal is filed.
I) Appeals to Court. A Member who is aggrieved by a decision of the Commission
to issue a suspension for a period greater than ten (10) calendar days,
demotion, or dismissal may appeal to the Marion Circuit or Superior Court in
accordance with I.C. 36-8-3.5-18. The appeal shall be made according to the
Indiana Rules of Trial Procedure with the exceptions stated in the foregoing
statute. The aggrieved Member must file a bond at the time of filing the
complaint conditioned on the Member prosecuting the appeal to a final
determination and paying the court costs incurred in the appeal. Within thirty
(30) days after the service of summons, the Commission shall file in court a
complete transcript of all papers, entries, and other parts of the record
relating to the case. The appeal takes precedence over other litigation pending
before the court.
J) Chief’s Disciplinary Authority. In addition to the disciplinary powers of the
Commission, the Chief may, without a hearing, reprimand or suspend without pay a
Member for a maximum of five (5) working days. For the purposes of this policy,
eight (8) hours of paid time constitutes one (1) working day. If the Chief
reprimands a member in writing or suspends a Member, he shall, within
forty-eight (48) hours, notify the Commission in writing of the action and the
reasons for the action. A Member who is reprimanded in writing or suspended
under this section may, within forty-eight (48) hours after receiving notice of
the reprimand or suspension, request in writing that the Commission review the
reprimand or suspension and either uphold or reverse the Chief's decision. At
its discretion, the Commission may hold a hearing during this review. If the
Board holds a hearing, written notice must be given either by service upon the
Member in person or by a copy left at the Member’s last and usual place of
residence at least fourteen (14) days before the date set for the hearing. The
notice must contain the information listed under I.C. 36-8-3.5-17(d). If the
decision is reversed, the individual who is suspended is entitled to any wages
withheld as a result of the suspension.
SECTION VI
MISCELLANEOUS MATTERS
A. Rehiring of Previous Merit Firefighters Purpose.
1) Purpose. It is the purpose of this policy to establish guidelines for the
re-employment of former Members of the Department who previously resigned
Departmental employment with no disciplinary action or proceedings pending
2) Conditions of Re-Hire. Absent compelling circumstances, the following will
apply as conditions of re-employment:
i) The applicant must successfully complete any testing, screening or
examination required by applicable Indiana law or requested by the Commission to
verify the individual’s capacity to serve as a Member of the Department. In
addition, the applicant must successfully complete the general applicant
requirements set forth in these Rules and Regulations.
ii) The applicant must successfully complete the Public Employees’ Retirement
Fund physical examination and psychological screening. If the applicant
successfully completes both the physical examination and the psychological
screening, the Department will pay the costs thereof. If the applicant does not
successfully pass both the physical examination and the psychological screening,
the applicant shall be responsible for paying the costs thereof.
iii) The applicant will be solely responsible for repayment of any funds
necessary for 1977 Fund reinstatement.
iv) The rehired member shall be a "probationary firefighter" as that term is
defined by law for a one (1) year period following the date of rehire.
v) The rehired member shall achieve seniority based only upon his or her new
re-hire date. Time in grade requirements for promotional processes shall begin
with the member's re-hire date.
B) Political Activities.
1) Prohibited Activities. It shall be cause for disciplinary action for any
Member of the Department during duty hours to solicit any person to vote at any
general, special or primary election for any candidate, nominee or political
party, or in any manner attempt to influence any delegate to a political
convention.
2) Permitted Activities. Members of the Department may be candidates for
elective office and may, so long as they are not in uniform and not on duty,
solicit votes and campaign funds and challenge voters for an office for which
they are candidates, and otherwise engage in lawful political activity.
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