HomeMy WebLinkAbout2009-R-17RESOLUTION 2009-R-17
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF TEFFERSONVILLE
INDIANA, AMENDING THE ESTABLISHMENT OF A MERIT BOARD FOR THE
TEFFERSONVILLE POLICE DEPARTMENT
WHEREAS, the Common Council of the City of Jeffersonville, under the authority
granted to it by the Indiana Code, established a merit system for its police department
by City of Jeffersonville Resolution 2008-R-30; and
WHEREAS, a majority of the active members of the Jeffersonville Police Department
voted to approve the merit system in 2008, and the merit system took effect in the City
of Jeffersonville on January 1, 2009; and
WHEREAS, a merit commission consisting of five (5) commissioners was established
for the police department in accordance with the Indiana Code by City of Jeffersonville
Resolution 2008-R-30; and
WHEREAS, the current City of Jeffersonville Police Merit Commission was unable to
adopt rules governing (1) the selection and appointment of persons to be employed as
members of the department, promotions, (2) promotions and demotions of members of
the department, and (3) disciplinary action or dismissal of members of the department
within ninety (90) days after being selected; and
WHEREAS, by passing this Resolution, the intent of the City of Jeffersonville Common
Council is to comply with the provisions of the Indiana Code in its established merit
system and the Police Department Merit Commission's adoption of governing rules;
and
WHEREAS, the City of Jeffersonville Common Council has consulted with the
Jeffersonville Fraternal Order of Police Lodge 100, and they concur with the actions
taken by the City of Jeffersonville Common Council through this Resolution. (See
Exhibit "A"); and
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NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Jeffersonville, that it specifically and affirmatively finds as follows:
1. That the City of Jeffersonville Common Council, by the authority granted under
Indiana Code § 36-8-3.5-1(f), amends City of Jeffersonville Resolution 2008-R-30.
2. That because the current Jeffersonville Police Department Merit Commission has
not adopted its governing rules within ninety (90) days of being selected as
required by the Indiana Code, the Common Council absolves the current
commissioners of the City of Jeffersonville Police Merit Commission.
3. Each of the bodies with authority to appoint or elect members to the
Jeffersonville Police Merit Commission shall make their appointment(s) to the
City of Jeffersonville Police Merit Commission in accordance with the Indiana
Code, within thirty (30) days after this Resolution is passed.
4. Nothing contained in this resolution disqualifies a current commissioner of the
City of Jeffersonville Police Merit Commission from being appointed or selected
to the Commission subsequent to the formal adoption of this resolution.
5. Each selected commissioner shall take an oath of office to conscientiously
discharge the commissioner's duties. A signed copy of the oath shall be filed
with the safety board.
6. Within ninety (90) days after the commission is selected, the commission shall
adopt rules governing:
a. the selection and appointment of persons to be employed as members of
the police department, subject to applicable pension statutes;
b. promotions and demotions of members of the police department; and
c. disciplinary action or dismissal of members of the police department
7. Before the rules stated in paragraph 5 are adopted by the commission, the
commission must hold a public hearing to consider the adoption of the proposed
rules. At least ten (10) days before the public hearing, the commission must have
a notice of the hearing published in accordance with Indiana Code § 5-3-1. The
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notice must state the time and place of the hearing and give briefly the subject
matter of the proposed rules.
8. The commission shall comply with all other sections of the Indiana Code in the
adoption of its governing rules and procedures.
9. The Jeffersonville Police Merit Commission shall provide copies of the
permanent record of each of its meetings to the office of the City of Jeffersonville
Clerk-Treasurer. Further, the Jeffersonville Fire Merit Commission shall comply
with all federal, state, and local rules, regulations, laws, and ordinances
regarding keeping and preserving meeting records.
10. The City of Jeffersonville Police Merit Commission may not employ or appoint
an attorney or a secretary without the authorization and approval of the City's
Executive.
11. Upon the adoption of its governing rules and procedures within the ninety (90)
days after being selected, as proscribed by the Indiana Code, the City of
Jeffersonville Police Merit Commission shall assume its statutory duties and
responsibilities on January 1, 2010, and the City of Jeffersonville's merit system
for its police department shall become effective.
12. Should any section, paragraph, sentence, clause, or phrase of this resolution, or
its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this resolution be
preempted by state or federal law or regulation, such decision or preemption
shall not affect the validity of the remaining portions of this resolution or its
application to other persons or circumstances.
This resolution shall be in full force and effect from and after its passage and
approval.
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Voted Against:
Passed this ~_ day of ~~~ ~~ U ~ r"~ ~ 2009.
Attest:
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Peggy ilder, Clerk-Treasurer
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