Indiana Code

Ind. Code § 36-8-3-2 (2026)

Powers and duties of safety boards

✓ current as of May 2026
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     Sec. 2. (a) The safety board of a city shall administer the police and fire departments of the city, except as provided by any statute or ordinance referred to in section 5 of this chapter.

     (b) The safety board has exclusive control over all matters and property relating to the following:

(1) Police department.

(2) Fire department, fire alarms, and fire escapes.

(3) Animal shelters.

(4) Inspection of buildings.

     (c) The safety board may purchase the equipment and supplies and make the repairs needed in the department of public safety.

     (d) The safety board may:

(1) adopt rules for the government and discipline of the police and fire departments; and

(2) adopt general and special orders to the police and fire departments through the chiefs of the departments.

[Pre-Local Government Recodification Citation: 18-1-11-1 part.]

As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1982, P.L.33, SEC.35.

 

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1983–2025 · leading case: Snyder v. Smith, 7 F. Supp. 3d 842 (S.D. Ind. 2014).
Snyder v. Smith, 7 F. Supp. 3d 842 (S.D. Ind. 2014). · cites it 2× “” Ind.Code § 36-8-3-2. 18 The Mayor of Frankfort is thus a final decision-maker with respect to neither law enforcement policy nor police discipline and personnel matters.”
Warner v. City of Terre Haute, Ind., 30 F. Supp. 2d 1107 (S.D. Ind. 1998). · cites it 6× “The safety board is empowered by state law to “adopt rules for the government and discipline of the police and fire departments; and adopt general and special orders to the police and fire departments through the chiefs of the departments.”
City of Marion v. Antrobus, 448 N.E.2d 325 (Ind. Ct. App. 1983). “]" (For current provisions, see Ind.Code 36-8-3-2, -4 (1982)). 9 . In its Response to Motion for Summary Judgment, the City conceded that Weagley lived outside the Marion corporate limits at the time of the hearing.”
Janowiak v. Corp. City of South Bend, 576 F. Supp. 1461 (N.D. Ind. 1983). · cites it 2× “Ind.Code § 36-8-3-2. A determination of “reasonableness” for purposes of ascertaining the constitutionality of affirmative action programs is not measured against the “reasonable man” test so familiar to students of tort law.”
Rudolph Kapitan, Mary Kapitan, & Scott Teeter v. City of Gary, Indiana, 12 F.3d 678 (7th Cir. 1994). ““The safety board of a city shall administer the police and fire departments of the city,” Ind.Code 36-8-3-2(a), but the City itself employs the police, setting and paying their salary (and still a third entity, a merit board, hires and fires the police).”
Elmer Britton v. South Bend Cmty. Sch. Corp., 775 F.2d 794 (7th Cir. 1985). “Therefore it is competent both to make findings of past discrimination and to implement an affirmative action plan.”
Bd. of Trs. of Pub. Employees Ret. Fund v. City of Plymouth, 698 N.E.2d 335 (Ind. Ct. App. 1998). · cites it 2× “Ind.Code § 36-8-3-2(a). 5 . “Officer Doe” 'is a pseudonym that was assigned to the City police officer whose petition for disability benefits initiated the events at issue in this appeal.”
Town of Bristol v. CAPPELLETTI, 908 N.E.2d 1203 (Ind. Ct. App. 2009). · cites it 2× “Ind.Code § 36-8-3-2. To be eligible to be appointed as a member of a safety board, a person must be a resident of the city.”
Janowiak v. Corp. City of South Bend, 750 F.2d 557 (7th Cir. 1984). “” Ind.Code Ann. § 36-8-3-2 (West 1983) (re *562 placing Ind.”
Allen v. City of Carmel, 830 F. Supp. 482 (S.D. Ind. 1993). “(emphasis added) Allen suggests that the Board had the general authority to promote individuals to the rank of “permanent Major” under § 36-8-3-2 which states: The safety board of a city shall administer the police and fire departments of the city, .”
Medina v. City of East Chicago, Indiana, 184 F. Supp. 2d 805 (N.D. Ind. 2001). · cites it 4× “See Indiana Code § 36-8-3-2 (Michie 1999). Furthermore, Indiana statutory law provides that the Safety Board may adopt rules for the government and discipline for the police department.”
Phillips v. Elkhart City of (N.D. Ind. 2025). · cites it 2× “, Ind. Code §§ 36-8-3-2 (a), (b)(1), (d)(1).”
Ind. Code § 36-8-3-2(a): 3 cases
Warner v. City of Terre Haute, Ind., 30 F. Supp. 2d 1107 (S.D. Ind. 1998). “The safety board is empowered by state law to “adopt rules for the government and discipline of the police and fire departments; and adopt general and special orders to the police and fire departments through the chiefs of the departments.”
Rudolph Kapitan, Mary Kapitan, & Scott Teeter v. City of Gary, Indiana, 12 F.3d 678 (7th Cir. 1994). ““The safety board of a city shall administer the police and fire departments of the city,” Ind.Code 36-8-3-2(a), but the City itself employs the police, setting and paying their salary (and still a third entity, a merit board, hires and fires the police).”
Bd. of Trs. of Pub. Employees Ret. Fund v. City of Plymouth, 698 N.E.2d 335 (Ind. Ct. App. 1998). “Ind.Code § 36-8-3-2(a). 5 . “Officer Doe” 'is a pseudonym that was assigned to the City police officer whose petition for disability benefits initiated the events at issue in this appeal.”
Ind. Code § 36-8-3-2(c): 1 case
Warner v. City of Terre Haute, Ind., 30 F. Supp. 2d 1107 (S.D. Ind. 1998). “The safety board is empowered by state law to “adopt rules for the government and discipline of the police and fire departments; and adopt general and special orders to the police and fire departments through the chiefs of the departments.”
Ind. Code § 36-8-3-2(d): 1 case
Medina v. City of East Chicago, Indiana, 184 F. Supp. 2d 805 (N.D. Ind. 2001). “See Indiana Code § 36-8-3-2 (Michie 1999). Furthermore, Indiana statutory law provides that the Safety Board may adopt rules for the government and discipline for the police department.”
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