Sec. 12. "Upper level policymaking position" refers to
the position held by the police chief or fire chief and to each position
held by the members of the police department or fire department in:
(1) the next rank and pay grade immediately below the chief, if
the authorized size of the department is:
(A) more than ten (10) but less than fifty-one (51) members, in
the case of a police department; or
(B) more than ten (10) but less than two hundred one (201)
members, in the case of a fire department; or
(2) the next two (2) ranks and pay grades immediately below the
chief, if the authorized size of the department is:
(A) more than fifty (50) members, in the case of a police
department; or
(B) more than two hundred (200) members, in the case of a fire
department.
[Pre-Local Government Recodification Citation:
18-1-11-3(a)(1).]
As added by Acts 1981, P.L.309, SEC.51.
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1990–2024 · leading case:
Lohorn v. Michal, 913 F.2d 327 (7th Cir. 1990).
Lohorn v. Michal, 913 F.2d 327 (7th Cir. 1990).
“” See Ind.Code § 36-8-1-12. Thus, Mr. Lohorn resorts to the only argument that can save his contention: he maintains that this statute does not apply to Crawfordsville.”
Warner v. City of Terre Haute, Ind., 30 F. Supp. 2d 1107 (S.D. Ind. 1998).
· cites it 2× “Ind.Code § 36-8-1-12. 8 . Warner has offered multiple examples of hearsay evidence regarding alleged statements made by and threats attributed to Jenkins or Newport.”
Allen v. City of Carmel, 830 F. Supp. 482 (S.D. Ind. 1993).
· cites it 4× “The rank of Major qualified as an “upper level policy making position” under Ind. Code § 36-8-1-12 . 1 On January 1, 1989, Allen was appointed to Assistant Chief and on November 22, 1991, he was appointed Chief of the Carmel Police Department.”
Kirk v. City of Kokomo, 772 F. Supp. 2d 983 (S.D. Ind. 2011).
· cites it 2× “In their Response, Plaintiffs argue that Davis, at least, was denied due process when he was demoted from Major to Captain without a hearing and before any charges were brought against him.”
Machalk v. Cedar Lake, Indiana Town of (N.D. Ind. 2024).
· cites it 2× “the next rank and pay grade immediately below the chief” in a police department with more than ten but less than fifty-one members, Ind. Code § 36-8-1-12 . 6 Indiana Code § 36-8-3-4(n) addresses a “member subject to criminal charges.”
Taylor v. Town of New Chicago, 839 N.E.2d 212 (Ind. Ct. App. 2005).
· cites it 2× “…is the executive in a town. Ind.Code § 3-5-2-22(4). . The police chief holds an "upper level poli-cymaking position." Ind.Code § 36-8-1-12.”
— Ind. Code § 36-8-1-12(2) — 1 case
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