CHAPTER 9. TOWN BOARD OF METROPOLITAN POLICE COMMISSIONERS
IC 36-8-9
Chapter 9. Town Board of Metropolitan Police Commissioners
IC 36-8-9-1
Application of chapter
Sec. 1. This chapter applies to all towns.
As added by Acts 1981, P.L.309, SEC.60.
IC 36-8-9-2
Establishment of board
Sec. 2. The legislative body of a town may by ordinance:
(1) abolish the office of town marshal; and
(2) establish a board of metropolitan police commissioners
(referred to as "the board" in this chapter).
As added by Acts 1981, P.L.309, SEC.60. Amended by P.L.3-1987,
SEC.567; P.L.101-1998, SEC.4.
IC 36-8-9-3
Repealed
(Repealed by P.L.12-2001, SEC.2.)
IC 36-8-9-3.1
Membership
Sec. 3.1. (a) An ordinance adopted under section 2 of this chapter
must provide as follows:
(1) The board must consist of either of the following number of
members:
(A) Three (3) members. If the ordinance provides for a three
(3) member board, not more than two (2) board members
may be members of the same political party, if individuals
who satisfy this requirement can be found to serve on the
board.
(B) Five (5) members. If the ordinance provides for a five
(5) member board, not more than three (3) board members
may be members of the same political party, if individuals
who satisfy this requirement can be found to serve on the
board.
(2) Each board member must be a resident of the town.
(3) The town legislative body shall appoint each board member.
(4) Except as provided in subdivision (5), the term of each
board member expires January 1 of the third year after the
member's appointment.
(5) The ordinance must provide for staggered terms of the board
members and the method for staggering the terms. If the board
has three (3) members, the term of one (1) board member must
expire each year. If the board has five (5) members, the terms
of not more than two (2) board members may expire each year.
(6) The town legislative body may remove a board member for
any cause that the legislative body considers sufficient.
(7) The town legislative body may not appoint a police officer
employed by the town to serve on the board.
(b) The ordinance may provide that a member of the town
legislative body may serve as an ex officio member of the board. If
the ordinance permits members of the town legislative body to serve
as members of the board, the following apply:
(1) The ordinance must state the maximum number of board
members that may also be members of the town legislative
body.
(2) The ordinance must provide either of the following:
(A) That a board member vacates the member's position on
the board when the member is no longer a member of the
town legislative body.
(B) That a board member may continue to serve until the end
of the board member's term even if the board member
vacates the member's position on the town legislative body.
(3) A board member who is also a member of the town
legislative body may not receive compensation as a board
member provided under subsection (g).
(4) A board member who is also a member of the town
legislative body is not required to post the bond required by
subsection (f).
(c) This subsection does not apply to a board member who is a
member of the town legislative body. Before performing any
function of a board member, an individual shall take and subscribe
an oath or affirmation of office before the circuit court clerk of the
county in which the town is located.
(d) This subsection applies to all board members. Before
performing any function of a board member, an individual shall take
and subscribe an oath or affirmation before the circuit court clerk of
the county in which the town is located that, in each appointment or
removal made by the board to or from the town police department
under this chapter, the board member will not appoint or remove a
member of the town police department because of the political
affiliation of the person or for another cause or reason other than that
of the fitness of the person.
(e) The circuit court clerk shall file oaths and affirmations
required by this section among the circuit court clerk's records.
(f) This subsection does not apply to a board member who is a
member of the town legislative body. A board member shall give
bond in the penal sum of five thousand dollars ($5,000), payable to
the state and conditioned upon the faithful and honest discharge of
the member's duties. The bond must be approved by the town
legislative body.
(g) The town legislative body shall fix the salary of board
members who are not members of the town legislative body. A board
member's salary is payable monthly out of the town treasury.
(h) If the board has three (3) members, the town legislative body
may amend the ordinance at any time to increase the number of
board members to five (5). The amended ordinance and the
appointment of board members must satisfy all the requirements of
subsection (a).
(i) A board established in compliance with section 3 of this
chapter (before its repeal) is considered a board established under
this section. A town legislative body may amend an ordinance
adopted in compliance with section 3 of this chapter (before its
repeal) as provided in this section.
As added by P.L.12-2001, SEC.1.
IC 36-8-9-4
Powers and duties of board
Sec. 4. (a) The board may appoint, subject to the qualifications for
employment determined by the board and approved by the town
legislative body, as many persons as necessary to serve in the police
department of the town. One (1) person shall be appointed to serve
as the police chief. The board may also appoint other employees that
are necessary to carry on the work of the police department.
(b) The board may recommend and the town legislative body shall
determine the compensation to be paid to members of the police
department in amounts that are just and reasonable.
(c) All persons appointed must be of good moral character and
serve only during good behavior. The board constitutes the safety
board of the town for purposes of the suspension, demotion, or
dismissal of any member of the police department. Proceedings for
the suspension, demotion, or dismissal of any member of the police
department shall be conducted in the manner prescribed by
IC 36-8-3-4. The disciplinary provisions of IC 36-8-3-4.1 also apply
to the safety board and the police chief.
(d) The board may make general and special rules for the
government and discipline of the police department and may make
special and general orders to the department through the police chief,
who is the executive head of the department.
As added by Acts 1981, P.L.309, SEC.60. Amended by Acts 1981,
P.L.315, SEC.6; Acts 1982, P.L.33, SEC.41; P.L.198-1984, SEC.2;
P.L.101-1998, SEC.5; P.L.65-2008, SEC.3.
IC 36-8-9-5
Appropriations
Sec. 5. The town legislative body shall appropriate a sum
sufficient to pay the salaries of the members of the town police
department.
As added by Acts 1981, P.L.309, SEC.60.
IC 36-8-9-6
Statutes governing police departments
Sec. 6. (a) The operation, management, and control of a police
department under this chapter is governed by statutes applicable to
the management and control of other municipal police departments
if those statutes are consistent with this chapter.
(b) The members of the police department may exercise all
powers granted to members of police departments by other statutes.
The members of the police department are entitled to all the rights,
powers, and privileges granted by statute to members of police
departments.
As added by Acts 1981, P.L.309, SEC.60.
IC 36-8-9-7
Probationary appointments
Sec. 7. (a) The board may provide that all appointments to the
police department are probationary for a period not to exceed one (1)
year.
(b) If the board finds, upon the recommendation of the chief of the
department during the probationary period, that the conduct or
capacity of a member is not satisfactory, the board shall notify the
member in writing that the member is being suspended or that the
member will not receive a permanent appointment.
(c) If a member is notified that the member will not receive a
permanent appointment, the member's employment immediately
ceases. Otherwise, at the expiration of the probationary period, the
member is considered regularly employed.
As added by P.L.98-2000, SEC.28.
IC 36-8-9-8
Payment of line of duty health care expenses for police
Sec. 8. (a) A town shall pay for the care of a full-time, paid police
officer who:
(1) suffers an injury; or
(2) contracts an illness;
during the performance of the officer's duty.
(b) The town shall pay for the following expenses incurred by a
police officer described in subsection (a):
(1) Medical and surgical care.
(2) Medicines and laboratory, curative, and palliative agents
and means.
(3) X-ray, diagnostic, and therapeutic service, including during
the recovery period.
(4) Hospital and special nursing care if the physician or surgeon
in charge considers it necessary for proper recovery.
(c) Expenditures required by subsection (a) shall be paid from the
general fund of the town.
(d) A town that has paid for the care of a police officer under
subsection (a) has a cause of action for reimbursement of the amount
paid under subsection (a) against any third party against whom the
police officer has a cause of action for an injury sustained because
of, or an illness caused by, the third party. The town's cause of action
under this subsection is in addition to, and not in lieu of, the cause of
action of the police officer against the third party.
As added by P.L.150-2002, SEC.2.
IC 36-8-9-9
Body armor
Sec. 9. (a) As used in this section, "body armor" has the meaning
set forth in IC 35-47-5-13(a).
(b) After December 31, 2010, a town shall provide an active
member of the police department of the town with body armor for the
torso. The town shall replace the body armor for the torso according
to the replacement period recommended by the manufacturer of the
body armor for the torso.
(c) An active member of the police department of a town shall not
be required to pay for maintenance of the body armor for the torso
furnished under this section.
(d) Body armor for the torso provided by a town under this section
remains the property of the town. The town may sell the property
when it becomes unfit for use, and all money received shall be paid
into the general fund of the town.
As added by P.L.34-2010, SEC.7.