SB 241-6_ Filed 01/28/2010, 09:35 Young R

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 241 be amended to read as follows:

SOURCE: Page 6, line 15; (10)MO024108.6. -->     Page 6, delete lines 15 through 35.
    Page 82, delete lines 28 through 38, begin a new paragraph and insert:
SOURCE: IC 36-1-8-10.5; (10)MO024108.148. -->     "SECTION 148 IC 36-1-8-10.5, AS AMENDED BY P.L.1-2005, SECTION 231, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 10.5. (a) This section does not apply to the following:
        (1) An elected or appointed officer.
        (2) An individual described in IC 20-26-4-11.
    (b) Subject to IC 36-1-21, an employee of a political subdivision may:
        (1) be a candidate for any elected office and serve in that office if elected; or
        (2) be appointed to any office and serve in that office if appointed;
without having to resign as an employee of the political subdivision.".
SOURCE: Page 84, line 1; (10)MO024108.84. -->     Page 84, between lines 1 and 2, begin a new paragraph and insert:
SOURCE: IC 36-1-21; (10)MO024108.151. -->     "SECTION 151. IC 36-1-21 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]:
     Chapter 21. Public Safety Employees Serving on Legislative or Fiscal Bodies
    Sec. 1. This chapter applies only to a member of the legislative body or fiscal body of a political subdivision who is employed by the political subdivision as a public safety employee.
    Sec. 2. As used in this chapter, "confidential or policymaking position" refers to either of the following:
        (1) An upper level policymaking position (as defined in IC 36-8-1-12).
        (2) A position subject to the appointment of the executive, legislative body, or fiscal body of the political subdivision.
    Sec. 3. As used in this chapter, "employer" refers to the

department of a political subdivision that employs a member of the legislative body or fiscal body of the political subdivision as a public safety employee.
    Sec. 4. As used in this chapter, "public safety employee" has the meaning set forth in IC 5-10-8-2.2.
    Sec. 5. A member of the legislative body or the fiscal body of a political subdivision may not do any of the following:
        (1) Accept an appointment to a confidential or policymaking position of the political subdivision.
        (2) Serve in a confidential or policymaking position of the political subdivision.
        (3) Serve as a member of a committee of the legislative body or the fiscal body that has jurisdiction over the member's employer.
        (4) Vote on any matter relating to the budget of the member's employer.
    Sec. 6. A member of the legislative body or the fiscal body of a political subdivision who violates section 5 of this chapter is considered to have resigned as a member of the legislative body.
    Sec. 7. The legislative body or the fiscal body of a political subdivision may adopt ordinances for the implementation of the details of this chapter.
".

SOURCE: Page 103, line 8; (10)MO024108.103. -->     Page 103, delete lines 8 through 18, begin a new paragraph and insert:
SOURCE: IC 36-4-4-2; (10)MO024108.170. -->     "SECTION 170. IC 36-4-4-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. (a) The powers of a city are divided between the executive and legislative branches of its government. A power belonging to one (1) branch of a city's government may not be exercised by the other branch.
    (b) Subject to IC 36-1-21, a city employee other than an elected or appointed public officer may:
        (1) be a candidate for any elective office and serve in that office if elected; or
        (2) be appointed to any office and serve in that office if appointed;
without having to resign as a city employee.".
SOURCE: Page 120, line 33; (10)MO024108.120. -->     Page 120, delete lines 33 through 42, begin a new paragraph and insert:
SOURCE: IC 36-8-3-12; (10)MO024108.186. -->     "SECTION 186. IC 36-8-3-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 12. Subject to IC 36-1-21, members of the safety board and members of any township, town, or city (including a consolidated city) police department, fire department, or volunteer fire department (as defined by IC 36-8-12-2) may:
        (1) be candidates for elective office and serve in that office if elected;
        (2) be appointed to any office and serve in that office if appointed; and
        (3) as long as they are not in uniform and not on duty, solicit votes and campaign funds and challenge voters for the office for which they are candidates.
SOURCE: IC 36-8-10-11; (10)MO024108.187. -->     SECTION 187. IC 36-8-10-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 11. (a) The sheriff may dismiss, demote, or temporarily suspend a county police officer for cause after preferring charges in writing and after a fair public hearing before the board, which is reviewable in the circuit court. Written notice of the charges and hearing must be delivered by certified mail to the officer to be disciplined at least fourteen (14) days before the date set for the hearing. The officer may be represented by counsel. The board shall make specific findings of fact in writing to support its decision.
    (b) The sheriff may temporarily suspend an officer with or without pay for a period not exceeding fifteen (15) days, without a hearing before the board, after preferring charges of misconduct in writing delivered to the officer.
    (c) A county police officer may not be dismissed, demoted, or temporarily suspended because of political affiliation nor after the officer's probationary period, except as provided in this section. Subject to IC 36-1-21, an officer may:
        (1) be a candidate for elective office and serve in that office if elected;
        (2) be appointed to an office and serve in that office if appointed; and
        (3) except when in uniform or on duty, solicit votes or campaign funds for the officer or others.
    (d) The board has subpoena powers enforceable by the circuit court for hearings under this section. An officer on probation may be dismissed by the sheriff without a right to a hearing.
    (e) An appeal under subsection (a) must be taken by filing in court, within thirty (30) days after the date the decision is rendered, a verified complaint stating in a concise manner the general nature of the charges against the officer, the decision of the board, and a demand for the relief asserted by the officer. A bond must also be filed that guarantees the appeal will be prosecuted to a final determination and that the plaintiff will pay all costs only if the court finds that the board's decision should be affirmed. The bond must be approved as bonds for costs are approved in other cases. The county must be named as the sole defendant and the plaintiff shall have a summons issued as in other cases against the county. Neither the board nor the members of it may be made parties defendant to the complaint, but all are bound by service upon the county and the judgment rendered by the court.
    (f) All appeals shall be tried by the court. The appeal shall be heard de novo only upon any new issues related to the charges upon which the decision of the board was made. Within ten (10) days after the service of summons, the board shall file in court a complete written

transcript of all papers, entries, and other parts of the record relating to the particular case. Inspection of these documents by the person affected, or by the person's agent, must be permitted by the board before the appeal is filed, if requested. The court shall review the record and decision of the board on appeal.
    (g) The court shall make specific findings and state the conclusions of law upon which its decision is made. If the court finds that the decision of the board appealed from should in all things be affirmed, its judgment should so state. If the court finds that the decision of the board appealed from should not be affirmed in all things, then the court shall make a general finding, setting out sufficient facts to show the nature of the proceeding and the court's decision on it. The court shall either:
        (1) reverse the decision of the board; or
        (2) order the decision of the board to be modified.
    (h) The final judgment of the court may be appealed by either party. Upon the final disposition of the appeal by the courts, the clerk shall certify and file a copy of the final judgment of the court to the board, which shall conform its decisions and records to the order and judgment of the court. If the decision is reversed or modified, then the board shall pay to the party entitled to it any salary or wages withheld from the party pending the appeal and to which the party is entitled under the judgment of the court.
    (i) Either party shall be allowed a change of venue from the court or a change of judge in the same manner as such changes are allowed in civil cases. The rules of trial procedure govern in all matters of procedure upon the appeal that are not otherwise provided for by this section.
    (j) An appeal takes precedence over other pending litigation and shall be tried and determined by the court as soon as practical.".
    Delete page 121.

SOURCE: Page 122, line 1; (10)MO024108.122. -->     Page 122, delete lines 1 through 35.
    Renumber all SECTIONS consecutively.
    (Reference is to SB 241 as printed January 22, 2010.)

________________________________________

Senator YOUNG R


MO024108/DI 73     2010