D-1741-05 CFD/CPD Merit SystemCOUNCILOR(S): Ronald E. Carter
ORDINANCE D-1741-05
AN ORDINANCE OF THE COMMON COUNCIL OF~THE CITY OF CARMEL~ INDIANA~
AMENDING CHAPTER 6~ ARTICLE 3~ SECTION 6-33(c)(1) OF THE CARMEL CITY CODE
WHEREAS, the Common Council of the City of Carmel, Indiana, recently adopted Ordinance
No. D-1734~04, as amended, which created a police and fire department merit system, as codified in City
Code Section 6-33; and
WHERi~AS, it has been determined that certain language contained therein, designed to comply
with Indiana's Constitutional prohibition against holding two lucrative governmental positions, has the
unintended additional effect of unnecessarily preventing otherwise qualified persons from being
appointed as Merit Board commissioners; and
WHEREAS, the Common Council is now desirous of correcting this unintended effect of its
Ordinance No. D-1734-04, as amended.
NOW, THERFORE, BE IT ORDAINED by the Common Council of the City of Carmel,
Indiana, as follows:
Section 1. The foregoing Recitals are incorporated herein by this reference:
Section 2. Carmel City Code Chapter 6, Article 3, Section 6-33(c)(1), is hereby amended to read
as follows:
"Sec. 6-33. Carmel Fire and Police Department Merit System
(c) Carmel Fire Department Merit Board; Carmel Police Department Merit Board
1. There shall be established, under the Carmel Fire and Police Department Merit System, both a City of
Carmel Civilian Fire Merit Board ("Fire Board" or "Board", as context dictates) and a City of Carmel Civilian Police Merit
Board ("Police Board" or "Board", as context dictates), which Boards shall consist of five (5) commissioners each. One
(1) commissioner of each Board shall be appointed by the Common Council, two (2) commissioners of. each Board
shall be appointed by the Mayor, two {2) commissioners of the Fire Board shall be elected by the active members of
the Fire Department and two (2) commissioners of the Police Board shall be elected by the active members Of the
Police Department, all in accordance with the previsions of Indiana Code 36-8-3.5-8, as amended. Each Board
commissioner shall be a resident of the City of Carmel or Clay Township and have been a resident of same for at least
one (1) year prior to his appointment or election to the Board. No Board commissioner shall be an active member of a
police department or a fire department, nor hord any elected office in either the City of Carmel or Clay Township. All
Board commissioners shall serve for two (2) year terms, and shall serve until their successor is appointed or elected,
and qualified. Commissioners serve at the pleasure of their appointing or electing authority, may be removed at any
time with or without cause or right to a hearing, and their replacements shall serve for the remainder of their term.
Commissioners elected pursuant to Indiana Code 36-8-3.5-8 shall also be removed and their replacement selected
pursuant to that statutory section. Board commissioners may be re-appointed or elected for an unlimited number of
successive two (2) year terms, may be appointed to serve on one or both Boards, and are not to be paid for their Board
service, except that they may be reimbursed for actual expenses incurred in the performance of their Board duties. The
Fire Chief and the Police Chief shall be ex officio members of their respective Boards, without voting power."
Page One of Three Pages
Drafted by Douglas C. Haney, Carmel City Attorney
COUNCILOR(S): Ronald E. Carter
The remaining portions of City Code Section 6-33 are not affected by this Ordinance and remain in full
force and effect.
Section 3. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance
are hereby repealed as of the effective date of this Ordinance.
Section 4. This Ordinance shall be in full force and effect upon approval of the Common Council,
execution by the Mayor and such publication as is required by law.
Section 5. Should any provision or portion of this Ordinance be declared by a court of competent
jurisdiction to be invalid for any reason, the remaining provisions shall not be affected so long as they
can, without the invalid provision, be given the effect intended by the Common Council in adopting this
Ordinance. To this end, the provisions of this Ordinance are severable.
,.~',t.~ PASSED by the Common Council of the City of Carmel, Indiana, this e'/:/fit-day of
~ ,2005, by a vote of '7 ayes and ~) nays.
COMMON COUNCIL FOR THE CITY OF CARMEL, ,INDIA. NA
Ke~rby, P~.sldeSVP~ Te/l. Jtpore
Diana L. Cordray, IAI~l~easurer
Ordinance No. D- 1741-05
Page Two of Three Pages
Drafted by Douglas C. Haney, Carmel City Attorney
[Z:',l,aw/E Bass\My Documen~s/ORDINANCESVullendCode\2005',AMEND 6-33 Merit Board,doc:l&4/2005 12:38 PM]
COUNCILOR(S): Ronald E. Carter
Presented by me to the Mayor of the City of Carmel, Indiana, this
2005, at ~:O~ O'clock, ~> . M.
¢ '14'- day of'~'--~l~c~
Diana L. Cordray, IAMC, Clerk-~/shrer
Approved by me, Mayor of the City of Carmel, Indiana, this <~-'~ day of/~/~ ~ ~'~/'
2005, at ..~o~ O'clock, /t>. M. ~
Jag, les Brainard, Mayor .
ATTEST~ ,~~
Diana L. Cordray, IAMC, ~ierk~reas~,~r' --
Ordinance No. D-1741-05
Page Three of Three Pages
Drafted by Douglas C. Haney Carmel City Attorney