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Home My WebLink AboutD-1938-09 Police/Fire Merit BoardsSPONSOR(S)', Kevin Rider ORDINANCE DA938-09 (As amended) WHEREAS, the Common,Council has previously established Police and Fire Merit. Boards upon such terms and.conditions-as are set forth,in Carmel City Code-.Section 6-33; and WHEREAS, the Common Council nowdesires'to amend and restate Carmel City Code Section 6- 33(4)(1) and,(e) to better ensure that no conflicts of interest'can exist between ruembers of1he Police and Fire Departments and members of the City's Merit Boards;, and to revise the probationary period requirements' of City firefighteTs. NOW, THEREFORE, BE IT ORDAINED: by :the Common Council of the City of-Carmel, Indiana, as follows: Section 1: The foregoing Recitals are rully incorporated, herein by This reference. Section 2:' Carmel City C'od'e, Chapter 4, Article L, Section.6-33(c)(I), should be -arid the same is hereby amend4to read as follows-. "(c)(1) There shall be established, under the CarmelTre and`Police Department Merit System, both a City of Carmel Civilian Fire Merit:Board ("Fire''BDard" `or "Board", as context dictates) and a City of Carmel Civilian Police Merit Board ("Police Board" or' Board", as context dictates): which Boafds shall consist. of five (5) commissioners each. One (1) commissioner' of each Board shall be;appointed byihe Common Council and, two '(2) commissioners of each Board shall be appointed, by the'Maydr. In addition, 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 provisions of Indiana ,Code 36'13-3.5-8, as amended. (a) Membership Criteria: 1. Each Board commissioner shall be a"resident.of the City of Cannel 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; 2. No Board commissioner,shall bean active member of a police department or afire department; nor hbld.any elected office in either Yh L City of Carmel or Clay Township, Page One of FourTages - Ver..A: May 18, 2009 Prepare&by Douglas C. Haney,, City Attorney Z:ILAW IE'DesslMy Oecuman1s10RO1NANCESWnentl Catle420091Po1ice Fire MERIT. ED Amtl'Sec 6-33Jcx1) 8 (eJ_meIBeCTOP.6 SPONSOR(S): Kevin Rider a. No Board commissioner shall be.the: i. Parent or step-parent: ii. Sibling orstep=sibling; iii. Child or step-child;: iv.. Spouse; and/or 'v. Grandparent or-step-grandparent of any sworn member of the Department over.which the Board Commissioner would preside b. The Fire Chief and the Police Chief shall be ex officio members of their;respective Boards;' without voting power; 3. Term of,Office. a: All Board commissioners,,shall be appointed or elected; as',the case`may be, to'serve for`two (2),year'terms, unless earlier removed, and shall serve until'their successor is appointed' or elected., Commissioners shall serve at the pleasure of their appointing or electing authority, and may be removed at any'tirne. with. or -without cause orright;to a hearing,, with their replacements to-serve the remainder of?their term, except. that Commissioners, elected pursuant to Indiana Code 36-8-3,5-8 shall be removed and theirreplacement selected inaccordance with that statutory section. b, Board commissioners may be appointed or elected for an unlimited number of successive'.two (2) year terms, may beappointed to serve on one or both-Boards, and shall not be paid for their Board service, except that they may be reimbursed for actual expenses incurred in the performance of:their,Board'duties," Section 3: Carmel City Code,, Chapter 4, Article .-1, Section 6-33(e), should be and the,same is hereby amended to read as-follows: "(e) Probationary Period. 1) PcUce;Deparfinerrt - The probationary period.for'a..police officer appoimted;or re-appointed to the Police Department shall be for one (1) year from the officer's date or'hire. Each, probationary`police• officer shall .be evaluated monthly during,this period by hWherimmediate'supervisor pursuant to the evaluation system provided.for herein or as later adopled by the Police'Chief,,,afte'r"consultation with, the Police Board, The appointment of a police officer to the Police Department shall become permanent wfi'en-helshe•has successfully completed his/her one (1) year probationary period. While a.poiice officer, is in probationar y status,.heishe'is an "at-will" employee=who may be terminated by the Police Chief -with dr. without cause and without a hearing, Ordinance No. D-1938-09 Page Two of Four Pages - Ver. A-. May, 18, 2009 Prepared, by Douglas C. Haney, City Attorney ZAL WE Bass\My 0ocumenls10R01NANCESVVnentlCOtleRW9?Pol'ice Fire MERITS Fmd Sec &33rep1p 6{e)_mergedTOP.doc SPONSOR(S): Kevin Rider 2) Fire Department- The, probationary , period for all 316 Class Firefighter Recruit/Trainees ("RT") and V Class Firefighters shall be.astoll6ws' (a) 'Throughout the.-Probationary Period, a.31d Class Firefighter RT and 3rd Class Firefighter shall. be evaluated pursuant to the Fire Department's evaluation system as adapted and set forth in the Fire Department Rules by the-Fire Chief after consullation with'the Fire Merit Board. White in probationary status, a. 316 Class Firefighter Rrs and 3b Class Firefighters are. "at will' employees who may be terminated by "the Fire: Chief with or without cause and without a hearing:. ,(b) 3m Class FirefghterRT- The probationary period of a TO Class-.Firefighter -RT shall be considered successfully completed upon his/her graduation from recruit,school, unless that firefighter's probationary period, has been extended by the Fire Board forjust cause. Written notification of-the extension of a frefghter.'s,probationary period by the Fire Board shall be made by the Fire. Chief to the Probationary Firefighter. Upon; successful completion and graduation from recruit school arVs Vass Firefighter RT shall Ibe assigned to'a fire station as a 31d'Class Firefighter.. (c) :V Class Firefighter - The=probatienaryiperiod ofa 31d'Class firefighier shall extend, until such time as the firefighter has completed'one (1) full uninterrupted, year of training in operational service (on shift) in a Qepartmentfire,staticn(s).. If a .3.r" Class Firefighter has not completed a full year of, uninterrupted training in operational service (on shift) in a Department'firenstation(s),'the '3rd Class Fuefighters',desgnation and probationary period shall extend until he/she :completes the, requirement,,subject to applicable law. A 3'd Class Firefighter may also be subjecfto ttie.exiensiorrcfhislher probation bythe!Fire Board for just cause,` Section 4.. All portions of prior City ordinances inconsistent with any provision of this.Ordinance are hereby' repealed as of the effective date of this'Ordinance. Section- 5. If any portion of this-Ordinance=is for:any reason declared to be unconstitutional or invalid, such „decision shall' not affedt the validity of the. rornai_ning;portions of this Ordinance so long as enforcement of same can be given the same effect., Section 6. This"Ordinance compliments.and does not`liinrrthe- ability of.-law enforcement, officers and other authorized mdividuals to charge any person with the violation of any other law'or ordinance: Section 7. This Ordinance shall"be in.full force and effect frorn;and after-.its passage and signing by the Mayor. Ord inanceNo. D-1938-09 Page Three nPFour Pages - Ver. A: May 1's; 2009 Prepared by Douglas C. Haney, CityAttomey' ;;tI,AW?E 9asslMy Oecumems\f]]RaINANCESWnentlCOde12009Walice Fire MEFIT,BU Amo Sec6 3(c? X18 fel_mergedTDPdc, SPONSOR(S): Kevin Rider PASSED by the Common Council of the City of Cannel, Indiana, this 1$"-day of , 2009, by a vote of Z ayes and 0 nays. COUNCIL. FOR T Presiding Off cer W. Eric Seidel ti er, Pr d o- empore #hn Vicetturo E. Carter Kevin Z- R7 d L.Sharp J / ci Snyder ti g day of Mo.AA _, Presented by me to the mayor of the City of Cannel, Indiana, this O'clock, A. M. Diana L. Cordray,IAMC, Clerk-Tr urer Approved by me, the Mayor of the City of Carmel, Indiana, this.26 day of a 2009, at 2 a O'clock, LP-. M. ash Jades Brainard, Mayor ATTEST: Diana L. Cordray, IAMC; Clerk-T a rer Ordinance No. D-1938-09 Page Four of Four Pages - Ver. A: May 18, 2009 Prepared by Douglas C. Haney, City Attorney Z9LAME SassWy Documents)ORDINANCESAA endCOde120091P01ica Fire MERIT BD Amd Sec 633(c)(1) 8 (e)_mergedTDP.dm 2009, at 1 o'• 0 0