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Home My WebLink About2011-OR-44 ORDINANCE NO. 2011-OR- AN ORDINANCE REAFFIRMING THE AUTHORITY OF THE CITY OF JEFFERSONVILLE POLICE 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- I 4 -6 -2; and, WHEREAS, pursuant to Ind. Code § 36- 8 -2 -2, the City of Jeffersonville has established, maintains, and operates a police and law enforcement system to preserve public peace and order and 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 police department and prescribes the procedures for the establish of such System; and, WHEREAS, on October 20, 2008, the Council adopted Resolution No. 2008 -30, entitled, "A Resolution Establishing a Merit Board for the Jeffersonville Police Department ", which resolution established a Merl System for the City of Jeffersonville Police 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 -30, a majority of the active members of the Jeffersonville Police 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 -30; and, WHEREAS, after the Original Commission was appointed as described hereinabove, on October 7, 2009, the Council adopted Resolution No. 2009 -17, entitled, "A Resoltuion of the Common Council of the City of Jeffersonville Indiana, Amending the Establishment of a Merit Board for the Jeffersonville Police Department", which resolution, by agreement of the Fraternal Order of Police, 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 Police Merit Commission (the "Commission "); and, WHEREAS, Resolution No. 2009 -17 further set deadlines for the adoption of rules to govern 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 govern the hiring, discipline, and promotion of members within the Department, consistent with the requirements of both Resolution No. 21)09- 17 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 proposed Ordinance is to be discussed, at least three (3) weeks prior to the Council meeting, as evidenced by the true and correct copy of the "Notice of the Presentation and Discussion of at 'Ordinance Reaffirming the Authority of the Jeffersonville Police Depamnent Merit Commission' at the Meeting of the City of Jeffersonville Common Council," attached hereto as Exhibit "A ", and a copy of the Proposed Ordinance was provided to each 2 it member within at least one (1) week prior to the Council meeting(s) at which this proposed Ordinance is to be discussed, as evidenced by the true and correct copy of the "Certification of Distribution" attached hereto as Exhibit "B '; and, 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 -30 is in all respects reaffirmed and incorporated herein by reference, and made a part hereof. 2. Resolution No. 2009 -17 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. 21)09.17. 5. The Commission's Rules and Procedures, as adopted on January 12, 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. 3 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. Voted For: Voted Against: sre 5 _ � �� tea- Nate- So ordained this .{ day of 2\ ,t,k. (.tk;4T , 201 1 i/ / 1/7/ / - IomasGalliga', • r/ Attest: �tiPyl IA /IAA) Peggy r, City Clerk - Treasurer Presented by me, Peggy Wilder, City Clerk - Treasurer, to the Mayor of the City of Jeffersonville, Indiana on this ) le day of 0 0X, v, At 2011. L'I t .rO t n ) Peggder, City Clerk - Treasurer 4 This Ordinano%signed and approved by Tho as Galligan, Mayor, City of Jeffersonville, Indiana, on this /Yt day of ,2011. 'Cih is alligan, &tic 5 NOTICE OF THE PRESENTATION AND DISCUSSION OF AN "ORDINANCE REAFFIRMING THE AUTHORITY OF THE JEFFERSONVILLE POLICE DEPARTMENT MERIT COMMISSION" AT THE MEETING OF THE CITY OF JEFFERSONVILLE COMMON COUNCIL At the following regular meeting of the Jeffersonville City Common Council (the "Council "), the Council shall discuss, take comment on, and vote upon the adoption of an "Ordinance Reaffirming the Authority of the Jeffersonville Police Department Merit Commission ": Monday, August 15, 2011 at 6:30 p.m. • City Hall, Room 101 500 Quartermaster Court Jeffersonville, IN 47130 Any members of the Jeffersonville Police Department or other members of the public who wish to be present and or participate in discussion of the proposed ordinance should be attendance at the above date and time. Certificate of Posting of Notice The undersigned hereby certifies that a copy of the above notice was pos : 'n prominent places in all stations of the Jeffersonville Police De ent, on or before Fri es ; my 22, 2011. Air fra :,u. yl d e EXHIBIT "\A" CERTIFICATION OF DISTRIBUTION The undersigned does hereby certify, under the pains and penalties for perjury, that a copy of the Ordinance Reaffirming the Authority of the City of Jeffersonville Police Merit Commission, which Ordinance is the subject of discussion, comment, and will be presented for a vote of the Common Council at the Monday, August 15, 2011, regular meeting of the Jeffersonville City Common Council, has been distributed to each and every member of the Jeffersonville Police Department, on this e/ day of / Tufr 2011. By: 7100,.. y� �- ( y Printed: //. /een..yee- Title: (T Of Point EXHIBIT " �J �