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IC 36-8-4-1
Application of chapter
Sec. 1. This chapter applies to all cities.
As added by Acts 1981, P.L.309, SEC.53.
IC 36-8-4-2
Residence requirements
Sec. 2. (a) Members of the police and fire departments must reside
in Indiana within:
(1) the county in which the city is located; or
(2) a county that is contiguous to the county in which the city is
located.
(b) In a consolidated city, a member who was residing outside the
county on January 1, 1975, is exempt from subsection (a).
(c) A city with a population of less than seven thousand five
hundred (7,500) may adopt an ordinance that requires a member of
the city's police or fire department to comply with the following:
(1) Reside within the county in which the city is located.
(2) Have adequate means of transportation into the city.
(3) Maintain in the member's residence telephone service with
the city.
(d) This subsection applies to a city that:
(1) has a population of less than seven thousand five hundred
(7,500); and
(2) adopted an ordinance to establish the requirements
described in this subsection before September 1, 1984.
A city may require, in addition to the requirements of subsection (c),
that a member of the police or fire department reside within the city
until the member has served in the department for five (5) years.
(e) An ordinance adopted under subsection (c) or described in
subsection (d)(2) may not require a member of a city's police or fire
department to reside within the county in which the city is located if
the member resides outside the county on the date the ordinance is
adopted.
As added by Acts 1981, P.L.309, SEC.53. Amended by Acts 1981,
P.L.44, SEC.56; P.L.198-1984, SEC.1; P.L.266-1993, SEC.1;
P.L.164-1995, SEC.21; P.L.235-1996, SEC.1; P.L.230-1997, SEC.1;
P.L.65-2008, SEC.1.
IC 36-8-4-3
Use of departmental vehicles
Sec. 3. Members of the police and fire departments may not use
vehicles owned or maintained by their department outside the county
in which the city is located except during the performance of official
duties or as provided for by department regulation.
As added by Acts 1981, P.L.309, SEC.53. Amended by P.L.199-1984,
SEC.1.
IC 36-8-4-5
Care of police officers and firefighters injured or contracting
illnesses as a result of performance of duties
Sec. 5. (a) A city shall pay for the care of a police officer or
firefighter who suffers an injury while performing the person's duty
or contracts illness caused by the performance of the person's duty,
including an injury or illness that results in a disability or death
presumed incurred in the line of duty under IC 5-10-13. This care
includes:
(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; and
(4) hospital and special nursing care if the physician or surgeon
in charge considers it necessary for proper recovery.
(b) Expenditures required by subsection (a) shall be paid from the
general fund of the city.
(c) A city that has paid for the care of a police officer or
firefighter 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 or firefighter has a cause
of action for an injury sustained because of or an illness caused by
the third party. The city's cause of action under this subsection is in
addition to, and not in lieu of, the cause of action of the police officer
or firefighter against the third party.
IC 36-8-4-6
Promotions
Sec. 6. (a) This section applies only to:
(1) police departments in second and third class cities having a
population of ten thousand (10,000) or more; and
(2) fire departments in second and third class cities;
that are not governed by a merit system prescribed by statute or
ordinance.
(b) Promotion of police officers or firefighters must be from the
active personnel of the department.
(c) A person appointed fire chief must have had at least five (5)
years of continuous service with the department immediately before
his appointment. However, this requirement may be waived by a
majority vote of the city legislative body upon request of the city
executive, although the person must still have at least five (5) years
service with a full-time, paid fire department or agency.
(d) A person appointed to a rank other than police or fire chief or
deputy police chief must have had at least two (2) years of
continuous service with the department immediately before his
appointment.
As added by Acts 1981, P.L.309, SEC.53. Amended by Acts 1981,
P.L.315, SEC.4; P.L.348-1987, SEC.2.
IC 36-8-4-6.5
Police chiefs or deputy police chiefs; requirements
Sec. 6.5. (a) This section applies to the appointment of a police
chief or deputy police chief in all cities.
(b) An applicant must meet the following requirements:
(1) Have five (5) years of service as a police officer with a
full-time, paid police department or agency.
(2) Be a citizen of the United States.
(3) Be a high school graduate or equivalent.
(4) Be at least twenty-one (21) years of age.
(5) Be free of mental illness.
(6) Be physically fit.
(7) Have successfully completed the minimum basic training
requirements established by the law enforcement training board
under IC 5-2-1, or have continuous service with the same
department to which the applicant was appointed as a law
enforcement officer before July 6, 1972.
(c) In addition to the requirements of subsection (b), an applicant
for appointment as police chief or deputy police chief must have at
least five (5) years of continuous service with the police department
of that city immediately before the appointment. This requirement
may be waived by the city executive.
As added by P.L.348-1987, SEC.3. Amended by P.L.148-1992,
SEC.3; P.L.68-1996, SEC.8.
IC 36-8-4-8
Police officers; maximum work week; compensation for additional
time
Sec. 8. (a) A member of the police department may not be
required, except in case of a public emergency as determined by the
city executive, to work more than six (6) days of eight (8) hours each
in one (1) week, or more than an average of forty-eight (48) hours
per week in one (1) year.
(b) If a member of the police department is requested or required
to appear in court or to perform another service, and the time served
does not fall within the limits of his normal eight (8) hour shift, then
the member may be compensated for the additional time at a rate to
be fixed by ordinance.
(c) This section does not apply to the police chief, chief of
detectives, superintendent of the department, or matron of the
department.
As added by Acts 1981, P.L.309, SEC.53.
IC 36-8-4-9
Firefighters; hours of work
Sec. 9. (a) A member of a regularly organized and paid fire
department may not be required to work more than an average of
fifty-six (56) hours per week. However, if on September 1, 1985, a
fire department was using sixty-three (63) hours as the maximum
average number of hours a member could work a week, the
department may continue to use that figure as the standard. A
member may not be on duty more than twenty-four (24) consecutive
hours and must be off duty at least twenty-four (24) consecutive
hours out of any forty-eight (48) hour period. Each member is
entitled to an additional twenty-four (24) consecutive hours off duty
in every eight (8) day period.
(b) Notwithstanding subsection (a), in case of emergency, or if the
personnel of the fire department has been reduced below its regular
strength because members are serving in the armed forces of the
United States, the chief of the fire department, the assistant chief, or
other officer in charge may assign a member of the fire department
to continuous duty during the emergency.
As added by Acts 1981, P.L.309, SEC.53. Amended by P.L.343-1985,
SEC.1.
IC 36-8-4-10
Public safety officers; preference for employment
Sec. 10. (a) Subject to subsection (b), the board or persons having
the authority to employ members of the fire or police department
shall give a preference for employment according to the following
priority:
(1) A war veteran who has been honorably discharged from the
United States armed forces.
(2) A person whose mother or father was a:
(A) firefighter of a unit;
(B) municipal police officer; or
(C) county police officer;
who died in the line of duty (as defined in IC 5-10-10-2).
(b) A person described in subsection (a) may not receive a
preference for employment unless the person:
(1) applies; and
(2) meets all employment requirements prescribed:
(A) by law, including physical and age requirements; and
(B) by the fire or police department.
As added by Acts 1981, P.L.309, SEC.53. Amended by P.L.95-2003,
SEC.1.
IC 36-8-4-11
Layoffs; reinstatement
Sec. 11. (a) If it is necessary for the safety board to reduce the
number of members of the police or fire department by layoff for
financial reasons, the last member appointed must be the first to be
laid off, with other members also laid off in reverse hiring order,
until the desired level is achieved.
(b) If the department is increased in number again, the members
of the department who have been laid off under this section shall be
reinstated before any new member is appointed to the department.
The reinstatements begin with the last member laid off.
IC 36-8-4-12
Probationary appointments
Sec. 12. The safety board may provide that all appointments to the
police or fire department are probationary for a period not to exceed
one (1) year. If the safety 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 safety board
shall notify the member in writing that he is being suspended or that
he will not receive a permanent appointment. If a member is notified
that he will not receive a permanent appointment, his employment
immediately ceases. Otherwise, at the expiration of the probationary
period, the member is considered regularly employed.
As added by P.L.361-1983, SEC.2.