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HomeMy WebLinkAbout2016-R-1 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 MERIT BOARD FOR THE JEFFERSONVILLE POLICE DEPARTMENT (S AMENDED B Y 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. L&CVr_n&L)SO RESOLVED THIS .3 DAYOF ,2016. MEMBERS VOTING "YEA": MEMBERS VOTING "NAY": Jere n lling, Preside T/ Jeremy Snelling, President Robert Campbell, Vice-President Robert Campbell, Vice-President Sco ldridge, T easurer Scott Aldridge, Treasurer Bonnie Deppert, Secretary Bonnie Deppert, Secretary J es Reagan, Member James Reagan, Member