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HomeMy WebLinkAbout2016-OR-87 STATE OF INDIANA BEFORE THE CITY OF JEFFERSONVILLE COMMON COUNCIL p� � ORDINAONCE NO. AN ORDINANCE AMENDING RESOLUTION NO. 2008-R-30,ENTITLED A RESOL UTION ESTABLISHING A MERIT BOARD FOR THE JEFFERSONVILLE POLICE DEPARTMENT(AS AMENDED BY RESOLUTION NO. 2009-R-017, & ORDINANCE NO. 2011-OR-44) WHEREAS, pursuant to Ind. Code § 36-4-6-2, the city of Jeffersonville Common Council (hereinafter the"Council"), is the legislative body of Jeffersonville City government; 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 (hereinafter collectively referred to as the "Department"); and, WHEREAS,pursuant to Ind.Code§36-8-3.5-3,the Council adopted Resolution No.2008- R-30(as amended by Resolution No.2009-R-17, and as amended by Ordinance No. 2011-OR-44, An Ordinance Reaffirming the Authority of the City f Jeffersonville Police Merit Commission); and, WHEREAS,pursuant to Ind.Code § 36-8-3.5-10,the duly appointed City of Jeffersonville Police Merit Commission(hereinafter the"Commission")adopted the City of Jeffersonville Police Merit Commission Rules and Procedures (as amended from time-to-time by the Commission, pursuant to amendment procedures set forth in the City of Jeffersonville Police Merit Commission Rules and Procedures)(hereinafter the"Rules"); and, WHEREAS, pursuant to Ind. Code § 36-8-3.5-12 and Rule & Procedures Nos. 1 & 2, the Commission is responsible for the establishment of an applicant eligibility list for new hires as member vacancies become available within the Department; and, WHEREAS, the Commission continues to work in conjunction with the Department administration, to efficiently, and in a cost-effective manner, administer the Rules in hiring new members to the Department; and, WHEREAS, due to recent human-resource shortages resulting from vacancies within the Department, the Department administration has requested the Commission re-evaluate the hiring procedure, in order to provide a mechanism for the hiring of experienced officers, who can be placed on the street in a shorter time-frame than the new recruit, in the event of such vacancies; and, WHEREAS, the Commission lacks statutory authority to create a separate hiring procedure, absent an amendment or addition to the merit system by ordinance of the Council, pursuant to the provisions of Ind. Code § 36-8-3.5-1(f), which provides as follows: (f) This chapter does not prevent a township or other unit that has adopted a merit system under section 3 of this chapter from later amending or deleting any provisions of the merit system contained in this chapter. However,the merit system must include a provision under which the commission has at least one-third (1/3) of its members elected by the active members of the department, as set forth in section 8 of this chapter and a provision that incorporates the requirements of section 6(a)of this chapter.This subsection does not require the legislative body to establish a new merit system when it exercises its power to amend under this subsection. WHEREAS, in consideration of the time and expense of training new recruits when member vacancies occur within the Department, and the resultant risk to community safety in the absence of adequate human resources available for assignment to duties within the Department, the Commission has determined that the creation and use of an "Experienced Officer List,"to be utilized in the event of vacancies within the Department, will provide for adequate human resources in the event of such vacancies; and, WHEREAS, pursuant to Ind. Code § 36-8-3.5-1(f) and by Resolution No. 2016-R-1, the Commission has recommended the amendment of the merit system, to grant authority to the Commission to create a separate "Experienced Officer List" for use in hiring in the event of member vacancies within the Department; and, NOW THEREFORE,BE IT ORDAINED, as follows: The Merit System, as enacted by Resolution No. 2008-R-30 (as amended by Resolution No.2009-R-17,and Ordinance No.2011-OR-44),is hereby amended and the City of Jeffersonville Police Merit Commission is hereby authorized to create a hiring procedure beyond that authorized by Ind.Code §§ 36-8-3.5 et seq.,to include a procedure for the creation and use of an Experienced Officer List, separate and apart from the Applicant Eligibility List currently authorized pursuant to Ind. Code § 36-8-3.5-12, Resolution No. 2008-R-30 (as amended by Resolution No. 2009-R- 17, and Ordinance No. 2011-OR-44), and the City of Jeffersonville Police Merit Commission Rules and Procedures (hereinafter the "Rules")), to be used in the event of vacancies of a member(s)of the Department. A616 aR9� Nothing contained in this Ordinance is intended in any way to otherwise alter or amend the functioning, duties, responsibilities, and/or authority of the Commission under the Merit System as previously adopted by the Council. ,- aa� 7 SO ORDIANED THIS DAY OF J MEMBERS VOTING "YEA" MEMBERS VOTING "NAY" MAT N MATT OWEN ATHAN SA EL NATHAN SAMUEL J RODRIQUEZ JOSH RODRIQUEZ to v,o DUS N WHIT DUSTIN WHITE t. ED ZASTAWNY ED ZASTWANY C JAHIU CALLIE JAHN ,re•G SCOTTIE MAPLES SCOTTIE MAPLES J LISA GL LISA GILL �& kA-1 , SCOTT HAWKINS SCOTT HAWKINS ao � � - 02 - S 7 PRESIDENT di ATTEST: r Vicki Conlin, City Clerk resented to me as Clerk to the Mayor of City of Jeffersonville this day of ��•0�0�'7 Vicki Conlin, City Clerk This Ordinance approved and signed by me this J� ay Mike Moo e, Mayor STATE OF INDIANA BEFORE THE CITY OF JEFFERSONVILLE POLICE MERIT COMMISSION RESOLUTION NO. 2016-01 A RESOLUTION RECOMMENDING AN AMENDMENT TO RESOLUTION NO. 2008-R-30, ENTITLED A RESOLUTION ESTABLISHING A MERIT BOARD FOR THE JEFFERSONVILLE POLICE DEPARTMENT (AS AMENDED BY RESOL UTION NO. 2009-R-017, & ORDINANCE NO. 2011-OR-44) WHEREAS, pursuant to Ind. Code § 36-4-6-2, the city of Jeffersonville Common Council (hereinafter the "Council"), is the legislative body of Jeffersonville City government; 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 (hereinafter collectively referred to as the "Department"); and, WHEREAS, pursuant to Ind. Code § 36-8-3.5-3, the Council adopted Resolution No. 2008-R-30 (as amended by Resolution No. 2009-R-17, as amended Ordinance No. 2011-OR-44, An Ordinance Reaffirming the Authority of the City f Jeffersonville Police Merit Commission); and, WHEREAS, pursuant to Ind. Code § 36-8-3.5-10, the duly appointed City of Jeffersonville Police Merit Commission (hereinafter the "Commission") adopted the City of Jeffersonville Police Merit Commission Rules and Procedures (as amended from time-to-time by the Commission, pursuant to amendment procedures set forth in the City of Jeffersonville Police Merit Commission Rules and Procedures)(hereinafter the "Rules"); and, WHEREAS, pursuant to Ind. Code § 36-8-3.5-12 and Rule & Procedures Nos. 1 & 2, the Commission is responsible for the establishment of an applicant eligibility list for new hires as member vacancies become available within the Department; and, WHEREAS, the Commission continues to work in conjunction with the Department administration, to efficiently, and in a cost-effective manner, administer the Rules in hiring new members to the Department; and, WHEREAS, due to recent human-resource shortages resulting from vacancies within the Department, the Department administration has requested the Commission re-evaluate the hiring procedure, in order to provide a mechanism for the hiring of experienced officers, who can be placed on the street in a shorter time-frame than the new recruit, in the event of such vacancies; and, WHEREAS, the Commission lacks statutory authority to create a separate hiring procedure, absent an amendment or addition to the merit system by ordinance of the Council, pursuant to the provisions of Ind. Code § 36-8-3.5-1(f), which provides as follows: (f) This chapter does not prevent a township or other unit that has adopted a merit system under section 3 of this chapter from later amending or deleting any provisions of the merit system contained in this chapter. However, the merit system must include a provision under which the commission has at least one-third (1/3) of its members elected by the active members of the department, as set forth in section 8 of this chapter and a provision that incorporates the requirements of section 6(a) of this chapter. This subsection does not require the legislative body to establish a new merit system when it exercises its power to amend under this subsection. WHEREAS, in consideration of the time and expense of training new recruits when member vacancies occur within the Department, and the resultant risk to community safety in the absence of adequate human resources available for assignment to duties within the Department, the Commission has determined that the creation and use of an "Experienced Officer List,"to be utilized in the event of vacancies within the Department, will provide for adequate human resources in the event of such vacancies; and, NOW THEREFORE, BE IT RESOLVED, as follows: The Commission hereby recommends that the Merit System, and all enabling resolutions and/or ordinances, be amended and/or added to, in order to authorize the Commission to create and use an Experienced Officer List, separate and apart from the Applicant Eligibility List currently authorized pursuant to Ind. Code § 36-8-3.5-12, Resolution No. 2008-R-30 (as amended by Resolution No. 2009-R-17, and Ordinance No. 2011-OR-44), and the City of Jeffersonville Police Merit Commission Rules and Procedures (hereinafter the "Rules")), in the event of vacancy of a member(s) of the Department. SO RESOLVED THIS 13 DAY OF ,2016. MEMBERS VOTING "YEA": MEMBERS VOTING "NAY Jere n lling, Preside t/ Jeremy Snelling, President Robert Campbell, Vice-President Robert Campbell, Vice-President ScotiWidridje, T easurer Scott Aldridge, Treasurer Bonnie Deppert, Secretary Bonnie Deppert, Secretary J es Reagan, Member James Reagan, Member