HomeMy WebLinkAbout2011-OR-45 ORDINANCE NO. 2011-OR- LIs
AN ORDINANCE
REAFFIRMING THE AUTHORITY OF THE CITY
OF JEFFERSONVILLE FIRE MERIT COMMISSION
WHEREAS, the City of Jeffersonville Common Council (the "Council "), is the
legislative body of Jeffersonville City government pursuant to the provisions of Ind. Code § 36-
4.6.2; and,
WHEREAS, pursuant to Ind. Code § 36- 8 -2 -3, the City of Jeffersonville has established,
maintains, and operates a firefighting and fire prevention system that provides facilities and
equipment for that system.; and,
WHEREAS, Ind. Code § 36- 8 -3.5 -3 provides the legislative body of a unit may establish
a merit system for its full -time Fire Department and prescribes the procedures for the
establishment of such system; and,
WHEREAS, on October 20, 2008, the Council adopted Resolution No. 2008 -R -29,
entitled, "A Resolution Establishing a Merit Board for the Jeffersonville Fire Department",
which resolution established a Merit System for the City of Jeffersonville Fire Department
pursuant to the provisions of Ind. Code § 36 -8 -3.5 et seq.; and,
WHEREAS, in accordance with the provisions of Ind. Code § 36- 8 -3.5 -4, after the
adoption of Resolution No. 2008 -R -29, a majority of the active members of the Jeffersonville
Fire Department voted to approve the merit system, and pursuant to Ind. Code § 36- 8- 3.5 -4(d),
the merit system took effect on January 1, 2009; and,
WHEREAS, a merit commission consisting of five (5) members (the "Original
Commission ") was appointed in accordance with the provisions of Resolution 2008 -R -29; and,
1
WHEREAS, after the Original Commission was appointed as described hereinabove, on
October 7, 2009, the Council adopted Resolution No. 2009 -R -18, entitled, "A Resolution of the
Common Council of the City of Jeffersonville Indiana, Amending the Establishment of a Merit
Board for the Jeffersonville Fire Department", which resolution, by agreement of Jeffersonville
Fire Union Local #558, absolved the Original Commission members of their appointments, and
set a thirty (30) day deadline for the appointment of new members to the newly constituted City
of Jeffersonville Fire Commission (the "Commission "); and,
WHEREAS, Resolution No. 2009 -R -18 further set deadlines for the adoption of rules to
govem the hiring, discipline and promotion of members within the Department, consistent with
the dictates of Ind. Code § 36- 8- 3.5 -10; and,
WHEREAS, the appointing authorities appointed five (5) members to the Commission,
and the Commission timely adopted rules to govem the hiring, discipline, and promotion of
members within the Department, consistent with the requirements of both Resolution No. 2009 -
R-18 and Ind. Code § 36- 8- 3.5 -10; and,
WHEREAS, since the appointment of the Commission, the Commission has been
performing its duties pursuant to the authority granted it by Ind. Code § 36 -8 -3.5 et seq.; and,
WHEREAS, Ind. Code § 36- 8 -3.5 -3 provides that, for a municipality, the Commission
must be established by adoption of an ordinance; and,
WHEREAS, the members of the Department have been given notice of the Council
meeting(s) at which this Ordinance is to be discussed, at least three (3) weeks prior to the
Council meeting (see Exhibit "A ", attached hereto), and a copy of the Proposed Ordinance was
provided to each member within at least one (1) week prior to the Council meeting(s) at which
this Ordinance is to be discussed (see Exhibit "B ", attached hereto); and,
2
WHEREAS, upon holding discussion regarding the propriety of the adoption of this
Ordinance from the members of the Department, from the Department Administration, and from
the Commission, the Council desires to ratify the decisions, activities, and actions taken by the
Commission to date, and to ratify the authority granted the Commission to continue with its
duties and activities pursuant to Ind. Code § 36 -8 -3.5 et seq.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Jeffersonville, as follows:
1. Resolution No. 2008 -R -29 is in all respects reaffirmed and incorporated herein by
reference, and made a part hereof.
2. Resolution No. 2009 -R -18 is in all respects reaffirmed and incorporated herein by
reference, and made a part hereof.
3. The provisions of Ind. Code §§ 36 -8 -3.5 et seq. are incorporated herein by
reference, and made a part hereof.
4. Each Commission member, as previously appointed by each appointing authority,
shall remain in his/her respective position according to the dictates of Ind. Code § 36- 8- 3.5 -7,
with each members' term beginning on the date of his/her appointment after the adoption of
Resolution No. 2009 -R -18.
5. The Commission's Rules and Procedures, as adopted on March 26, 2010, along
with all subsequent amendments thereto (the "Rules "), shall continue to govern the actions,
discretion, and authority of the Commission, and such Rules are in all respects reaffirmed and
incorporated herein by reference, and made a part hereof.
6. This Ordinance shall be in full force and effect upon its passage and promulgation
as evidenced by the affirmative signatures of the undersigned as the majority of the duly elected
and serving members of the Council.
3
Voted For. Voted Against:
■ • /
7.04rn —e C.,as.s.
at at•O
s
maze S, .
So ordained this IR day of atitt 1� , 2011.
./' /// �Q
/ IV/ "a
omas Galligan, Mayor,
Attest: (p
b.J IA k
Pe_ sit _ , der, City Clerk - Treasurer
Presented by me, Peggy Wilder, City Clerk- Treasurer, to the Mayor of the City of
Jeffersonville, Indiana on this I day of �A Vc/•4 i , 2011.
pp
Pegg \ ' I der, City Clerk - Treasurer
This Ordinance signed and approved b Thomas Galligan, Mayor, City of Jeffersonville,
Indiana, on this t . (1, day of , 2011.
Ake
Galligan, Mayor
4