Citations Affected:
IC 5-2-1-2
; IC 5-10;
IC 9-13-2-92
;
IC 9-18-3-6
;
IC 9-21-16-5.5
;
IC 9-22-1-2
;
IC 9-29-11-1
;
IC 14-13-2-18
;
IC 20-12-19.5-1
;
IC 33-10.5-8-3
;
IC 33-15-7-2
; IC 36-2; IC 36-8;
IC 36-10.
Synopsis: References to county sheriff and deputy sheriffs. Changes
references to county police force and county police officer to sheriff's
office and deputy sheriff. Defines county sheriff's office.
Effective: July 1, 2000.
January 10, 2000, read first time and referred to Committee on Governmental and
Regulatory Affairs.
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
SECTION 1.
IC 5-2-1-2
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 2. For the purposes of this chapter,
and unless the context clearly denotes otherwise, the following
definitions apply throughout this chapter:
(1) "Law enforcement officer" shall mean an appointed officer or
employee hired by and on the payroll of the state or any of its
political subdivisions who is granted statutory authority to enforce
all or some of the penal laws of the state of Indiana and who
possesses, with respect to those laws, the power to effect arrests
for offenses committed in the officer's or employee's presence.
However, the following are hereby expressly excluded from the
term "law enforcement officer" for the purposes of this chapter:
(A) A constable.
(B) A special officer, including a special officer receiving only
token payment for services.
(C) A county police reserve officer deputy sheriff who
receives compensation for lake patrol duties under
IC 36-8-3-20
(f)(4).
(D) A conservation reserve officer who receives compensation
for lake patrol duties under
IC 14-9-8-27.
(2) "Board" shall mean the law enforcement training board
created by this chapter.
(3) "Advisory council" shall mean the law enforcement advisory
council created by this chapter.
SECTION 2.
IC 5-10-1.5-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 1. Each retirement plan
for employees of the state or of a political subdivision shall report
annually on September 1 to the public employees' retirement fund the
information from the preceding fiscal year necessary for the actuary of
the fund to perform an actuarial valuation of each plan. Where the
director and actuary of the fund consider it appropriate, the actuary may
combine one (1) retirement plan with another or with the public
employees' retirement fund for the purposes of the actuarial valuation.
The retirement plans covered by this chapter are the following:
(1) The state excise police and conservation enforcement officers'
retirement plan established under
IC 5-10-5.5.
(2) The "trust fund" and "pension trust" of the state police
department established under
IC 10-1-2.
(3) Each of the police pension funds established or covered under
IC 19-1-18
,
IC 19-1-30
,
IC 19-1-25-4
, or IC 36-8.
(4) Each of the firemen's pension funds established or covered
under
IC 19-1-37
,
IC 18-1-12
,
IC 19-1-44
, or IC 36-8.
(5) Each of the retirement funds for utility employees authorized
under
IC 19-3-22
or IC 36-9 or established under
IC 19-3-31.
(6) Each county police force sheriff's office, as described in
IC 36-2-13-1.5
, pension trust and trust fund authorized under
IC 17-3-14
or IC 36-8.
(7) The Indiana judges' retirement fund established under
IC 33-13-8.
(8) Each retirement program adopted by a board of a local health
department as authorized under
IC 16-1-4-25
(before its repeal)
or
IC 16-20-1-3.
(9) Each retirement benefit program of a joint city-county health
department under
IC 16-1-7-16
(before its repeal).
(10) Each pension and retirement plan adopted by the board of
trustees or governing body of a county hospital as authorized
under
IC 16-12.1-3-8
(before its repeal) or
IC 16-22-3-11.
(11) Each pension or retirement plan and program for hospital
personnel in certain city hospitals as authorized under
IC 16-12.2-5
(before its repeal) or
IC 16-23-1.
(12) Each retirement program of the health and hospital
corporation of a county as authorized under
IC 16-12-21-27
(before its repeal) or
IC 16-22-8-34.
(13) Each pension plan provided by a city, town, or county
housing authority as authorized under IC 36-7.
(14) Each pension and retirement program adopted by a public
transportation corporation as authorized under IC 36-9.
(15) Each system of pensions and retirement benefits of a regional
transportation authority as authorized or required by IC 36-9.
(16) Each employee pension plan adopted by the board of an
airport authority under
IC 8-22-3.
(17) The pension benefit paid for the national guard by the state
as established under
IC 10-2-4.
(18) The pension fund allowed employees of the Wabash Valley
interstate commission as authorized under
IC 13-5-1-3.
(19) Each system of pensions and retirement provided by a unit
under
IC 36-1-3.
SECTION 3.
IC 5-10-8-2.2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 2.2. (a) As used in this
section, "dependent" means a natural child, stepchild, or adopted child
of a public safety employee who:
(1) is less than eighteen (18) years of age;
(2) is eighteen (18) years of age or older and physically or
mentally disabled (using disability guidelines established by the
Social Security Administration); or
(3) is at least eighteen (18) and less than twenty-three (23) years
of age and is enrolled in and regularly attending a secondary
school or is a full-time student at an accredited college or
university.
(b) As used in this section, "public safety employee" means a
full-time firefighter, police officer, county police officer, deputy
sheriff, or sheriff.
(c) This section applies only to local unit public employers and their
public safety employees.
(d) A local unit public employer may provide programs of group
insurance for its active and retired public safety employees through
either or both of the following methods:
(1) By purchasing policies of group insurance.
(2) By establishing self-insurance programs.
However, the establishment of a self-insurance program is subject to
the approval of the unit's fiscal body.
following:
(1) When the public safety employee becomes eligible for
Medicare coverage as prescribed by 42 U.S.C. 1395 et seq.
(2) When the employer terminates the health insurance program
for active public safety employees.
(k) A surviving spouse's eligibility for group health insurance under
this section ends on the earliest of the following:
(1) When the surviving spouse becomes eligible for Medicare
coverage as prescribed by 42 U.S.C. 1395 et seq.
(2) When the unit providing the insurance terminates the health
insurance program for active public safety employees.
(3) The date of the surviving spouse's remarriage.
(4) When health insurance becomes available to the surviving
spouse through employment.
(l) A dependent's eligibility for group health insurance under this
section ends on the earliest of the following:
(1) When the dependent becomes eligible for Medicare coverage
as prescribed by 42 U.S.C. 1395 et seq.
(2) When the unit providing the insurance terminates the health
insurance program for active public safety employees.
(3) When the dependent no longer meets the criteria set forth in
subsection (a).
(4) When health insurance becomes available to the dependent
through employment.
(m) A public safety employee who is on leave without pay is entitled
to participate for ninety (90) days in any group health insurance
program maintained by the local unit public employer for active public
safety employees if the public safety employee pays an amount equal
to the total of the employer's and the employee's premiums for the
insurance. However, the employer may pay all or part of the employer's
premium for the insurance.
(n) A local unit public employer may provide group health
insurance for retired public safety employees or their spouses not
covered by subsections (g) through (l) and may provide group health
insurance that contains provisions more favorable to retired public
safety employees and their spouses than required by subsections (g)
through (l). A local unit public employer may provide group health
insurance to a public safety employee who is on leave without pay for
a longer period than required by subsection (m), and may continue to
pay all or a part of the employer's premium for the insurance while the
employee is on leave without pay.
SECTION 4.
IC 5-10-10-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4. As used in this
chapter, "public safety officer" means a state police officer, county
sheriff, county police officer, deputy sheriff, correctional officer,
excise police officer, county police reserve officer, deputy sheriff, city
police reserve officer, conservation enforcement officer, town marshal,
deputy town marshal, or state university police officer appointed under
IC 20-12-3.5.
SECTION 5.
IC 9-13-2-92
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 92. (a) "Law
enforcement officer", except as provided in subsection (b), includes the
following:
(1) A state police officer.
(2) A city or town or county police officer.
(3) A sheriff or deputy sheriff.
(4) A county coroner.
(5) A conservation officer.
(b) "Law enforcement officer", for purposes of
IC 9-30-5
,
IC 9-30-6
,
IC 9-30-7
,
IC 9-30-8
, and
IC 9-30-9
, has the meaning set forth in
IC 35-41-1.
SECTION 6.
IC 9-18-3-6
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 6. The bureau may issue distinctive
permanent plates under this chapter to each of the following:
(1) The state police department.
(2) The department of natural resources.
(3) County police departments sheriff's office, as described in
IC 36-2-13-1.5.
(4) City police departments.
SECTION 7.
IC 9-21-16-5.5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 5.5. (a) This section
applies to a fire lane that is located on property that is privately or
publicly owned.
(b) A person may not stop, stand, or park a vehicle in a fire lane.
(c) This section may be enforced by any of the following law
enforcement officers:
(1) A state police officer.
(2) A city or town or county police officer.
(3) A sheriff or deputy sheriff.
SECTION 8.
IC 9-22-1-2
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 2. As used in this chapter, "officer"
means the following:
(1) A regular member of the state police department.
(2) A regular member of a city or town police department.
labor, or other things of value;
to be held, used, and applied only for the purposes, consistent
with the purposes of this chapter, for which the grants and
contributions may be made.
(14) Hold, use, administer, and expend money that is appropriated
or transferred to the commission.
(15) Assist or cooperate with a political subdivision or public
agency, department, or commission, including the payment of
money or the transfer of property to the political subdivision or
public agency, department, or commission by the commission if
the commission considers the assistance or cooperation
appropriate in furtherance of the purposes of this chapter.
(16) Accept assistance and cooperation from a political
subdivision or public agency, department, or commission,
including the acceptance of money or property by the commission
from the political subdivision or public agency, department, or
commission, if the commission considers the assistance or
cooperation appropriate in furtherance of the purposes of this
chapter.
(17) Do all acts and things necessary or proper to carry out the
powers expressly granted in this chapter.
(18) Enter into and carry out the terms of a nonfederal interest (as
defined by 42 U.S.C. 1962d-5b).
(19) Provide police protection for the commission's property and
activities by:
(A) requesting assistance from state or city or county police
authorities or the county sheriff's office, as described in
IC 36-2-13-1.5
; or
(B) having specified employees deputized as police officers.
(20) Make contracts and leases for facilities and services.
(21) Appoint the administrative officers and employees necessary
to carry out the work of the commission, fix their duties and
compensation, and delegate authority to perform ministerial acts
in all cases except where final action of the commission is
necessary.
(22) Engage in self-supporting activities.
(23) Contract for special and temporary services and for
professional assistance.
(24) Invoke any legal, equitable, or special remedy for the
enforcement of this chapter.
SECTION 11.
IC 20-12-19.5-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 1. (a) The children of:
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 2. Such sheriff, by
himself or a county police officer, deputy sheriff, shall attend such
court in term time, execute all the orders thereof, preserve order
therein, and execute, by himself or a county police officer, deputy
sheriff, all process issued out of such court.
SECTION 14.
IC 36-2-2-15
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 15. (a) The county
auditor or a member of the executive may administer all oaths required
by this chapter.
(b) The executive may:
(1) punish contempt by a fine of not more than three dollars ($3)
or by imprisonment for not more than twenty-four (24) hours; and
(2) enforce its orders by attachment or other compulsory process.
(c) Fines assessed by the executive shall be executed, collected, and
paid over in the same manner as other fines.
(d) The county sheriff or a county police officer deputy sheriff shall
attend the meetings of the executive, if requested by the executive, and
shall execute its orders.
SECTION 15.
IC 36-2-3-6
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 6. (a) At its regular
meeting required by section 7(b)(1) of this chapter, the fiscal body shall
elect a president and president pro tempore from its members.
(b) The county auditor is the clerk of the fiscal body and shall:
(1) preserve the fiscal body's records in his office;
(2) keep an accurate record of the fiscal body's proceedings;
(3) record the ayes and nays on each vote appropriating money or
fixing the rate of a tax levy; and
(4) record the ayes and nays on other votes when requested to do
so by two (2) or more members.
(c) The county sheriff or a county police officer deputy sheriff shall
attend the meetings of the fiscal body, if requested by the fiscal body,
and shall execute its orders.
(d) The fiscal body may employ legal and administrative personnel
necessary to assist and advise it in the performance of its functions and
duties.
SECTION 16.
IC 36-2-13-1.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 1.5. A reference to sheriff's office
means:
(1) the county sheriff; and
(2) all county deputy sheriffs.
SECTION 17.
IC 36-8-3-20
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000] : Sec. 20. (a) This section
applies to counties and towns as well as cities.
(b) A unit may provide by ordinance for any number of police
reserve officers.
(c) Police reserve officers shall be appointed by the same authority
that appoints regular members of the department.
(d) Police reserve officers may be designated by another name
specified by ordinance.
(e) Police reserve officers may not be members of the regular police
department but have all of the same police powers as regular members,
except as limited by the rules of the department. Each department may
adopt rules to limit the authority of police reserve officers.
(f) To the extent that money is appropriated for a purpose listed in
this subsection, police reserve officers may receive any of the
following:
(1) A uniform allowance.
(2) Compensation for time lost from other employment because
of court appearances.
(3) Insurance for life, accident, and sickness coverage.
(4) In the case of county police reserve officers, deputy sheriffs,
compensation for lake patrol duties that the county sheriff assigns
and approves for compensation.
(g) Police reserve officers are not eligible to participate in any
pension program provided for regular members of the department.
(h) A police reserve officer may not be appointed until he has
completed the training and probationary period specified by rules of the
department.
(i) A police reserve officer appointed by the department after June
30, 1993, may not:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property; or
(3) carry a firearm;
unless the police reserve officer successfully completes a pre-basic
course under
IC 5-2-1-9
(f).
(j) A police reserve officer may be covered by the medical treatment
and burial expense provisions of the worker's compensation law
(IC 22-3-2 through
IC 22-3-6
) and the worker's occupational diseases
law (IC 22-3-7). If compensability of the injury is an issue, the
administrative procedures of
IC 22-3-2
through
IC 22-3-6
and
IC 22-3-7
shall be used to determine the issue.
(k) A police reserve officer carrying out lake patrol duties under this
chapter is immune from liability under
IC 34-30-12
, notwithstanding
the payment of compensation to the officer.
SECTION 18.
IC 36-8-10-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 2. As used in this
chapter:
"Board" refers to the sheriff's merit board established under this
chapter.
"Department" refers to the sheriff's department of a county.
"Eligible employee" means the sheriff of a county or a county police
officer deputy sheriff.
"Employee beneficiary" means an eligible employee who has
completed an application to become an employee beneficiary and who
has had the proper deductions made from his wages as required in the
pension trust agreement.
"Net amount paid into the trust fund from wages of an employee
beneficiary" means the amount of money actually paid in from the
wages of the employee beneficiary, plus interest at the rate of three
percent (3%) compounded annually and less a sum including interest
at the same rate, paid from the trust fund to the employee beneficiary
or to a governmental fund for the credit or benefit of the employee
beneficiary.
"Pension engineers" means technical consultants qualified to
supervise and assist in the establishment, maintenance, and operation
of a pension trust on an actuarially sound basis.
"Trust fund" means the assets of the pension trust and consists of
voluntary contributions from the department, money paid from the
wages of employee beneficiaries, and other payments or contributions
made to the pension trust, including the income and proceeds derived
from the investment of them.
"Trustee" refers to the trustee of the pension trust, who may be one
(1) or more corporate trustees or the treasurer of the county serving
under bond.
SECTION 19.
IC 36-8-10-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3. (a) The fiscal body
of each county shall, by ordinance, establish a sheriff's merit board to
be known as the _________________________ county sheriff's merit
board (inserting the name of the county).
(b) The board consists of five (5) members. Three (3) members shall
be appointed by the sheriff, and two (2) members shall be elected by a
majority vote of the members of the county police force sheriff's
office, as described in
IC 36-2-13-1.5
, under procedures established
by the sheriff's merit board. However, no active county police officer
deputy sheriff may serve on the board. Appointments are for terms of
four (4) years or for the remainder of an unexpired term. Not more than
two (2) of the members appointed by the sheriff nor more than one (1)
of the members elected by the officers may belong to the same political
party. All members must reside in the county. All members serve
during their respective terms and until their successors have been
appointed and qualified. A member may be removed for cause duly
adjudicated by declaratory judgment of the circuit court of the county.
(c) As compensation for service, each member of the board is
entitled to receive from the county a minimum of fifteen dollars ($15)
per day for each day, or fraction of a day, that the member is engaged
in transacting the business of the board.
(d) As soon as practicable after the members of the board have been
appointed, they shall meet upon the call of the sheriff and organize by
electing a president and a secretary from among their membership.
Three (3) members of the board constitute a quorum for the transaction
of business. The board shall hold regular monthly meetings throughout
the year as is necessary to transact the business of the sheriff's
department.
SECTION 20.
IC 36-8-10-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4. (a) A county police
force sheriff's office, as described in
IC 36-2-13-1.5
, is established
in each county. The members are employees of the county, and the
sheriff of the county shall assign their duties according to law.
(b) The expenses of the members of the county police force
sheriff's office, as described in
IC 36-2-13-1.5
, are a part of the
sheriff's department budget. The board may recommend the number
and salary of the personnel, but the county fiscal body shall determine
the budget and salaries.
(c) The county shall furnish to the sheriff and his full-time paid
county police officers deputy sheriffs the uniforms or other clothing
they need to perform their duties. However, after one (1) year of service
in the sheriff's department, a sheriff or or county police officer deputy
sheriff may be required by the county to furnish and maintain his own
uniform clothing upon payment to him by the county of an annual cash
allowance of at least two hundred dollars ($200).
SECTION 21.
IC 36-8-10-5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 5. (a) Each sheriff shall
appoint a prison matron for the county. The sheriff shall set the
qualifications for that position. Except as provided in subsection (b),
the sheriff has complete hiring authority over the position of prison
matron.
(b) A prison matron who was a county police officer deputy sheriff
appointed under section 10(b) of this chapter immediately before being
hired as prison matron is entitled to the discipline and removal
procedures under section 11 of this chapter before:
(1) being reduced in grade to a rank below the rank that the
person held before being hired as prison matron; or
(2) removal from the department.
(c) The sheriff may employ assistant prison matrons if necessary.
(d) The prison matron or the prison matron's assistants shall receive,
search, and care for all female prisoners and all boys under fourteen
(14) years of age who are committed to or detained in the county jail,
municipal lockup, or other detention center in the county.
(e) The prison matron and assistant matrons:
(1) are members of the department;
(2) have the powers and duties of members of the department; and
(3) are entitled to the same salary that other members of the
department of the same rank, grade, or position are paid.
SECTION 22.
IC 36-8-10-5.5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 5.5. (a) Except as
provided in subsection (b), the sheriff has complete hiring authority
over the position of chief deputy.
(b) A chief deputy who was a county police officer deputy sheriff
appointed under section 10(b) of this chapter immediately before being
hired as chief deputy is entitled to the discipline and removal
procedures under section 11 of this chapter before:
(1) being reduced in grade to a rank below the rank that the
person held before being hired as chief deputy; or
(2) removal from the department.
SECTION 23.
IC 36-8-10-10
, AS AMENDED BY P.L.270-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2000]: Sec. 10. (a) Except for the positions position of chief
deputy, the position of prison matron, and in a county with a
population of more than fifty thousand (50,000), temporary
administrative ranks or positions established and appointed by the
sheriff, the sheriff, with the approval of the board, shall establish a
classification of ranks, grades, and positions for county police officers
deputy sheriffs in the department. For each rank, grade, and position
established, the sheriff, with the approval of the board, shall:
(1) set reasonable standards of qualifications; and
(2) fix the prerequisites of:
(A) training;
(B) education; and
(C) experience.
powers of a law enforcement officer. During the term of his
appointment and while he is fulfilling the specific responsibilities for
which the appointment is made, a special deputy has the powers,
privileges, and duties of a county police officer deputy sheriff under
this chapter, subject to any written limitations and specific
requirements imposed by the sheriff and signed by the special deputy.
A special deputy is subject to the direction of the sheriff and shall obey
the rules and orders of the department. A special deputy may be
removed by the sheriff at any time, without notice and without
assigning any cause.
(b) The sheriff shall fix the prerequisites of training, education, and
experience for special deputies, subject to the minimum requirements
prescribed by this subsection. Applicants must:
(1) be twenty-one (21) years of age or older;
(2) never have been convicted of a felony, or a misdemeanor
involving moral turpitude;
(3) be of good moral character; and
(4) have sufficient training to insure the proper performance of
their authorized duties.
(c) Except as provided in subsection (d), a special deputy shall wear
a uniform the design and color of which is easily distinguishable from
the uniforms of the Indiana state police, the regular county police force,
sheriff's office, as described in
IC 36-2-13-1.5
, and all municipal
police and fire forces located in the county.
(d) The sheriff may permit a special deputy to wear the uniform of
the regular county police force sheriff's office, as described in
IC 36-2-13-1.5
, if the special deputy:
(1) has successfully completed the minimum basic training
requirements under
IC 5-2-1
;
(2) is periodically assigned by the sheriff to duties of a regular
county police officer deputy sheriff; and
(3) is an employee of the department.
The sheriff may revoke permission for the special deputy to wear the
uniform of the regular county police force sheriff's office, as
described in
IC 36-2-13-1.5
, at any time without cause or notice.
(e) The sheriff may also appoint one (1) legal deputy, who must be
a member of the Indiana bar. The legal deputy does not have police
powers. The legal deputy may continue to practice law. However,
neither the legal deputy nor any attorney in partnership with him may
represent a defendant in a criminal case.
(f) The sheriff, for the purpose of guarding prisoners in the county
jail:
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.
SECTION 26.
IC 36-8-10-11.5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 11.5. (a) As used in this
section, "care" includes:
police officers; the deputized employees, however, are not eligible
for police pension benefits or other emoluments of police officers;
(4) appoint the necessary administrative officers of the
department and fix their duties;
(5) establish standards and qualifications for the appointment of
all personnel and approve their appointments without regard to
politics;
(6) make recommendations and an annual report to the executive
and fiscal body of the unit concerning the operation of the board
and the status of park and recreation programs in the district;
(7) prepare and submit an annual budget in the same manner as
other executive departments of the unit; and
(8) appoint a member of the board to serve on another kind of
board or commission, whenever a statute allows a park or
recreation board to do this.
(b) In a municipality, the board shall fix the compensation of
officers and personnel appointed under subsections (a)(4) and (a)(5),
subject to
IC 36-4-7-5
and
IC 36-4-7-6.
SECTION 29.
IC 36-10-7.5-6
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 6. The park governor
shall do the following:
(1) Exercise general supervision of and make rules for the
department.
(2) Establish rules governing the use of the park and recreation
facilities by the public.
(3) Provide police protection for park property and activities,
either by requesting assistance from state or municipal or county
police authorities or the county sheriff's office, as described in
IC 36-2-13-1.5
, or by having specified employees deputized as
police officers. The deputized employees, however, are not
eligible for police pension benefits or other emoluments of police
officers.
(4) Appoint the necessary administrative officers of the
department and fix their duties.
(5) Establish standards and qualifications for the appointment of
all personnel and approve their appointments without regard to
politics.
(6) Make recommendations and an annual report to the legislative
body concerning the operation of the department and the status of
park and recreation programs in the township.
(7) Prepare and submit an annual budget in the same manner as
other budgets of the township.