Section 36-8-3.5-11 - Department members; tenure; chief; appointment and qualifications(a) The commission may appoint and remove members of the department, except for a member in an upper level policymaking position. The executive of the unit or the governing board shall appoint and may remove a member in an upper level policymaking position.(b) The chief of a fire department shall be selected from the members of the department, and the chief must have at least five (5) years service in the department before the chief's appointment. These requirements may be waived by a majority vote of the: (1) unit's legislative body upon request of the unit's executive; or(2) governing board. However, the chief must still have at least five (5) years service in a full-time, paid fire department or agency.
(c) To be appointed chief or deputy chief of a police department, an applicant must meet the qualifications in IC 36-8-4-6.5.(d) The removal of a member from an upper level policymaking position is removal from rank only and not from the department. When the member is removed, the member shall be appointed by the commission to the rank in the department that the member held at the time of the member's upper level appointment or to any rank to which the member had been promoted during the member's tenure in the upper level position. If such a rank is not open in either case, the member is entitled to the pay of that rank and shall be promoted to that rank as soon as an opening is available.Local Government Recodification Citation: New.
Amended by P.L. 207-2023,SEC. 19, eff. 7/1/2023.Amended by P.L. 127-2017,SEC. 229, eff. 7/1/2017.As added by Acts1981 , P.L. 316, SEC.1. Amended by P.L. 348-1987, SEC.1.