Indiana Code

Ind. Code § 36-8-10-10 (2026)

Police officers; classification of ranks, grades, and positions; appointments

✓ current as of May 2026

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Sec. 10. (a) Except for the 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 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

(b) The sheriff, with the approval of the board, shall devise and administer examinations designed to test applicants for the qualifications required for the respective ranks, grades, or positions. After these examinations, the sheriff and the board shall jointly prepare a list naming only those applicants who, in the opinion of both the sheriff and the board, best meet the prescribed standards and prerequisites. The sheriff appoints county police officers but only from among the persons whose names appear on this list. All county police officers appointed to the department under this chapter are on probation for a period of one (1) year from the date of appointment.

(1) establish a temporary administrative rank or position within the county police department; and

(2) appoint a county police officer that has served as a county police officer for at least five (5) years to and remove a county police officer from a temporary administrative rank or position;

without the approval of the board. Any temporary administrative rank or position established pursuant to this section shall not diminish or reduce the number and classifications of the existing merit ranks within the county police department. A county police officer appointed under this subsection must have served as a county police officer in the county police department for at least five (5) years before the appointment. A county police officer retains the rank, grade, or position awarded under subsection (b) while serving in a temporary administrative rank or position. This subsection may not be construed to limit, modify, annul, or otherwise affect a collective bargaining agreement.

(d) In a county with a population of more than fifty thousand (50,000), the sheriff, with the approval of the board, shall establish written rules and regulations governing the discipline of county police officers. Rules and regulations established by a sheriff under this subsection must conform to the disciplinary procedure required by section 11 of this chapter.

[Pre-Local Government Recodification Citation: 17-3-14-6.]

As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.131-1983, SEC.14; P.L.314-1989, SEC.1; P.L.237-1996, SEC.3; P.L.270-1999, SEC.1; P.L.14-2000, SEC.83.

Notes of Decisions

Cited in 11 cases (2 in the last 5 years), 1987–2024 · leading case: Murray v. Hamilton Cnty. Sheriff's Dep't, 690 N.E.2d 335 (Ind. Ct. App. 1997).

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Murray v. Hamilton Cnty. Sheriff's Dep't, 690 N.E.2d 335 (Ind. Ct. App. 1997). · cites it 62× “Whether Ind.Code § 36-8-10-10, the sheriff's merit law ("merit law"), permits the Board to create temporary administrative ranks to which officers are (a) appointed at the will of the Sheriff and/or his Board without competition; and (b) returned to their prior permanent rank at…”

Terrance McKinney v. Sheriff's Off. of Whitley Co, 866 F.3d 803 (7th Cir. 2017). “See Ind. Code § 36-8-10-10 (b). The probationary period is intended to ensure that new officers are capable of performing their duties before they benefit from state law that requires good cause for firing and provides extensive procedural protections.”

Austin v. Vanderburgh Cnty. Sheriff Merit Comm'n, 761 N.E.2d 875 (Ind. Ct. App. 2002). · cites it 4× “Ind.Code Ann. § 36-8-10-10 (West Supp. 2000) states: Sec.”

Thompson v. Hays, 867 N.E.2d 654 (Ind. Ct. App. 2007). · cites it 2× “1997) (citing Ind.Code § 36-8-10-10). A deputy is on probation for a period of one year after appointment.”

Knox v. Trs. of Indiana Univ., 160 F. Supp. 3d 1073 (N.D. Ind. 2016). · cites it 4× “” Ind. Code § 36-8-10-10 .6(a) (emphasis added).”

Underwood v. Waddell, 743 F. Supp. 1291 (S.D. Ind. 1990). “Code § 36-8-10-10 (1988) (emphasis added). Thus, it is seen that if Section 11 applies to Underwood, he could not be dismissed except for cause, and then only after certain procedural steps were followed.”

The Clinton Cnty. Sheriff's Off. v. The Bd. of Commissioners of Clinton Cnty. (Ind. Ct. App. 2023). · cites it 12× “[12] Appellants argue that Ind. Code § 36-8-10-10 .6(e) “expressly and unequivocally authorizes Sheriff Kelly to appoint a legal deputy without the oversight or approval of the county executive or county fiscal body” and the Board “has no authority to determine the terms of that…”

Delaney v. Carmichael, 670 F. Supp. 255 (S.D. Ind. 1987). “In its relevant portion, section 36-8-3-20 provides that “[pjolice reserves shall be appointed by the same authority that appoints regular members of the department” and § 36-8-10-10, in turn, limits appointment of regular members of the police department to “[o]nly those…”

Martin v. Carraway, 712 N.E.2d 1055 (Ind. Ct. App. 1999). · cites it 6× “Ind. Code § 36-8-10-10 . Simply put, the current merit law does not permit [the county’s] system of discretionary temporary positions, i.”

Machalk v. Cedar Lake, Indiana Town of (N.D. Ind. 2024). · cites it 2× “epartment shall be for a probationary period of one (1) year of actual service” and that “[i]f at any time during the probationary period the conduct or capacity of the probationer is found not to be satisfactory, which fact shall be determined by the Sheriff, without hearing…”

Randy Jensen & Othello Upshaw, Individually & on Behalf of All Others Similarly Situated v. Stephen R. Stiglich, Sheriff of Lake Cnty., 36 F.3d 1099 (7th Cir. 1994). · cites it 2× “325 at 6 2 The statute relied on by the Sheriff, Ind.Code 36-8-10-10, provides: (a) Except for the positions of chief deputy and prison matron, over which the sheriff has complete hiring authority, the sheriff, with the approval of the board, shall establish a classification of…”

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