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HomeMy WebLinkAboutD-2471-19 Defining Probationary Period for the Police anf Fire Department SPONSOR: Councilors Carter and Finkam ORDINANCE NO. D-2471-19 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,INDIANA, AMENDING SECTION 6-33 TO CHAPTER 6, ARTICLE 3 OF THE CARMEL CITY CODE Synopsis: More clearly defining the probationary period for the Carmel Police Department and Carmel Fire Department. WHEREAS, the Common Council has previously established Police and Fire Merit Boards pursuant to Indiana Code Section 36-1-4-14 upon such terms and conditions as are set forth in Cannel City Code Section 6-33; and WHEREAS, probationary periods are necessary to allow for full and proper evaluations of a police officer appointed or re-appointed to the Police Department and/or appointed or re- appointed firefighters; and WHEREAS, the Common Council now desires to amend Cannel City Code Section 6-33(e)to provide clarification for the probationary period for the Cannel Police Department and Cannel Fire Department. NOW,THEREFORE,BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. The following subsection of Cannel City Code Section 6-33 is hereby amended to read as follows: § 6-33 Carmel Fire and Police Department Merit System. (e) Probationary Period. (1) Police Department. The"Probationary Period"for a police officer newly appointed or re- appointed to the Police Department shall extend from the date the officer completes the Carmel Police Department Field Training Officer Program("Recruit School"), until such time as the officer has completed and performed one year of Active Duty in the Cannel Police Department. "Active Duty" shall mean the full duties and responsibilities required of a Cannel police officer and shall include Department approved training(not including Recruit School) and any used vacation time,holiday time,bereavement time, and/or, sick time,but shall not include any other period of leave, any period of suspension, or any period of limited/light duty status. Each probationary police officer shall be evaluated monthly during his/her Probationary Period by his/her immediate supervisor pursuant to the evaluation system provided for herein or as later adopted by the Police Chief, after consultation with the Police Department Merit Board. The appointment of a police officer to the Police Department shall become permanent when he/she has successfully completed his/her Probationary Period. While a police officer is in Recruit School or in a Probationary Period,he/she is an "at-will" employee who may be terminated with or without cause and without a hearing. Ordinance D-2471-19 Page One of Three This Ordinance was jointly prepared by Benjamin J.Legge,Assistant Corporation Counsel,on July 2,2019,at 10:00 A.M.No subsequent revision to this Ordinance has been reviewed or approved by Mr.Legge for legal sufficiency or otherwise. SPONSOR: Councilors Carter and Finkam (2) Fire Department. The"Probationary Period" for newly appointed or reappointed firefighters shall extend from the date a firefighter completes the Carmel Fire Department Fire and EMS Training ("Recruit School"),until such time as the firefighter has completed and performed one year of Operational Service in the Carmel Fire Department. "Operational Service"shall mean the full duties and responsibilities required of an on-shift Carmel firefighter in a Department fire station(s) and shall include Department approved training(not including Recruit School) and any used vacation time, holiday time,bereavement time, and/or, sick time, but shall not include any other period of leave, any period of suspension, or any period of limited/light duty status. Throughout the Probationary Period, a firefighter shall be evaluated pursuant to the Fire Department's evaluation system as adopted and set forth in the Fire Department Rules by the Fire Chief, after consultation with the Fire Merit Board. The appointment of a firefighter to the Fire Department shall become permanent when he/she has successfully completed his/her Probationary Period. While in Recruit School or in a Probationary Period, all firefighters are "at-will" employees who may be terminated with or without cause and without a hearing. Section 3. The remaining provisions of Carmel City Code Sections 6-33 are not affected by this Ordinance and shall remain in full force and effect. Section 4. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. Section 5. If any portion of this Ordinance is for any reason declared to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Section 6. This Ordinance shall be in full force and effect from and after the date of its passage and signing by the Mayor and such publication as required by law. [The remainder of this page is intentionally left blank] Ordinance D-2471-19 Page Two of Three This Ordinance was jointly prepared by Benjamin J.Legge,Assistant Corporation Counsel,on July 2,2019,at 10:00 A.M.No subsequent revision to this Ordinance has been reviewed or approved by Mr.Legge for legal sufficiency or otherwise. SPONSOR: Councilors Carter and Finkam PASSED by the Common Co cil of the City of Cannel, Indiana, this, day of vl I\/J , 2019, by a vote of --Iayes and U nays. r 40 j O ,, ON COUNCIL FOR THE CITY OF C Jeff esident Antho een • I Laura D. Campbell, Vice-Preside H. Bruce Kimball 20'1 ' ez ..._ R ald E. Carter evin D. Rider lir M.,tIL_J wA_ slum- V I' / , J, s l. ,, ,, -- . •l "stine S. Pauley, Clerk-Tre. •Lffer i Pr. e• by - to the Mayor of the City C e , 'diana th" day of ,,.i. . 2019, at 1:OO i / Kristine S. PPuley, Clerk- reasurer .x Approved by me, Mayor of the City of Cannel, Indiana, this / day of Jvy 2019, at irodc" f.M. ___ _......„,___=7 es Brainard, Mayor ATTE -- Christine S. Paul , Clerk-Trea er Ordinance D-2471-19 Page Three of Three This Ordinance was jointly prepared by Benjamin J.Legge,Assistant Corporation Counsel,on July 2, 2019,at 10:00 A.M.No subsequent revision to this Ordinance has been reviewed or approved by Mr. Legge for legal sufficiency or otherwise.