Sec. 3. (a) A majority of the members of the safety
board constitutes a quorum. The board shall adopt rules concerning the
time of holding regular and special meetings and of giving notice of
them. The board shall elect one (1) of its members chair, who holds the
position as long as prescribed by the rules of the board. The board shall
record all of its proceedings.
(b) The members of the safety board may act only as a board. No
member may bind the board or the city except by resolution entered in
the records of the board authorizing the member to act in its behalf as
its authorized agent.
(c) The safety board shall appoint:
(1) the members and other employees of the police department
other than those in an upper level policymaking position;
(2) the members and other employees of the fire department other
than those in an upper level policymaking position;
(3) a market master; and
(4) other officials that are necessary for public safety purposes.
(d) The annual compensation of all members of the police and fire
departments and other appointees shall be fixed by ordinance of the
legislative body not later than November 1 of each year for the ensuing
budget year. The ordinance may grade the members of the departments
and regulate their pay by rank as well as by length of service. If the
legislative body fails to adopt an ordinance fixing the compensation of
members of the police or fire department, the safety board may fix their
compensation, subject to change by ordinance. No ordinance or safety
board action to fix compensation under this subsection may provide for
any increase in the compensation of any member of the police
department or fire department, or any other appointee, from the prior
budget year if the city has not fixed a budget, tax rate, and tax levy for
the ensuing budget year in compliance with IC 6-1.1-17-5 and IC 36-4-7-11.
(e) The safety board, subject to ordinance, may also fix the number
of members of the police and fire departments and the number of
appointees for other purposes and may, subject to law, adopt rules for
the appointment of members of the departments and for their
government.
(f) The safety board shall divide the city into police precincts and
fire districts.
(g) The police chief has exclusive control of the police department,
and the fire chief has exclusive control of the fire department, subject
to the rules and orders of the safety board. In time of emergency, the
police chief and the fire chief are, for the time being, subordinate to the
city executive and shall obey the city executive's orders and directions,
notwithstanding any law or rule to the contrary.
[Pre-Local Government Recodification Citations: 18-1-11-2
part; 19-1-28-1 part.]
As added by Acts 1981, P.L.309, SEC.52. Amended by Acts
1981, P.L.315, SEC.1; Acts 1982, P.L.33, SEC.36; P.L.35-1999,
SEC.7; P.L.125-2001, SEC.6; P.L.173-2003, SEC.31; P.L.169-2006,
SEC.78; P.L.33-2010, SEC.2; P.L.118-2012, SEC.2; P.L.127-2017,
SEC.223; P.L.156-2024, SEC.36.
Notes of Decisions
Pedraza v. City of East Chicago, 746 N.E.2d 94 (Ind. Ct. App. 2001).
· cites it 2× “Based upon our review of the authority mentioned above, we hold that the words "grade," "rank," a "classification" are synonymous for purposes of Ind.Code § 36-8-3-3(d). That statute allows local governments to grade members of departments and regulate their pay by rank and…”
Branson v. Newburgh Police Dep't, 849 F. Supp. 2d 802 (S.D. Ind. 2011).
· cites it 2× “1995) (citing Ind.Code § 36-8-3-3(g)). Accordingly, Chief Sprinkle is the final policymaker for the Newburgh Police Department, and his actions can subject the Town to liability under Section 1983.”
Stumm v. Town of Pittsboro, 355 F. Supp. 3d 751 (S.D. Ind. 2018).
· cites it 2× “2005 or 2006 was the first camera that we installed in the police department lobby.”
Kennedy v. McCarty, 778 F. Supp. 1465 (S.D. Ind. 1991).
· cites it 2× “” Indiana Code § 36-8-3-3(c), however, states, in part, that, “[t]he safety board shall appoint: .”
Biddle v. City of Fort Wayne, 591 F. Supp. 72 (N.D. Ind. 1984).
· cites it 2× “That your petitioner, pursuant to Indiana Code § 36-8-3-3(g), “has exclusive control of the police department .”
Eversole v. Steele, 59 F.3d 710 (7th Cir. 1995).
“See Ind.Code § 36-8-3-3(g) (Burns 1994) (“[t]he police chief has exclusive control of the police department”); id.”
Allen v. City of Carmel, 830 F. Supp. 482 (S.D. Ind. 1993).
· cites it 3× “Section 36-8-3-3(c)(1) suggests that the Board had no authority to appoint Allen to rank of Major: The safety board shall appoint: (1) The members and other employees of the police department other than those in an upper level policy making position.”
Thornberry v. City of Hobart, 887 N.E.2d 110 (Ind. Ct. App. 2008).
· cites it 2× “As a result, we conclude that there was sufficient evidence for the Board to conclude that Thornberry was absent without leave commencing September 9, 2005. Thus, the Board properly exercised its authority when it terminated Thornberry’s employment as of that date, pursuant to…”
Felder v. Oliverio, 934 F. Supp. 1032 (N.D. Ind. 1996).
· cites it 2× “is the executive head of the [police] department”); see also Ind.Code § 36-8-3-3(g) (“The police chief has exclusive control of the police department, .”
Ind. Code § 36-8-3-3(c): 1 case
Kennedy v. McCarty, 778 F. Supp. 1465 (S.D. Ind. 1991).
“” Indiana Code § 36-8-3-3(c), however, states, in part, that, “[t]he safety board shall appoint: .”
Ind. Code § 36-8-3-3(c)(1): 1 case
Allen v. City of Carmel, 830 F. Supp. 482 (S.D. Ind. 1993).
“Section 36-8-3-3(c)(1) suggests that the Board had no authority to appoint Allen to rank of Major: The safety board shall appoint: (1) The members and other employees of the police department other than those in an upper level policy making position.”
Ind. Code § 36-8-3-3(c)(l): 1 case
Allen v. City of Carmel, 830 F. Supp. 482 (S.D. Ind. 1993).
“Section 36-8-3-3(c)(1) suggests that the Board had no authority to appoint Allen to rank of Major: The safety board shall appoint: (1) The members and other employees of the police department other than those in an upper level policy making position.”
Ind. Code § 36-8-3-3(d): 1 case
Pedraza v. City of East Chicago, 746 N.E.2d 94 (Ind. Ct. App. 2001).
“Based upon our review of the authority mentioned above, we hold that the words "grade," "rank," a "classification" are synonymous for purposes of Ind.Code § 36-8-3-3(d). That statute allows local governments to grade members of departments and regulate their pay by rank and…”
Ind. Code § 36-8-3-3(g): 4 cases
Branson v. Newburgh Police Dep't, 849 F. Supp. 2d 802 (S.D. Ind. 2011).
“1995) (citing Ind.Code § 36-8-3-3(g)). Accordingly, Chief Sprinkle is the final policymaker for the Newburgh Police Department, and his actions can subject the Town to liability under Section 1983.”
Biddle v. City of Fort Wayne, 591 F. Supp. 72 (N.D. Ind. 1984).
“That your petitioner, pursuant to Indiana Code § 36-8-3-3(g), “has exclusive control of the police department .”
Eversole v. Steele, 59 F.3d 710 (7th Cir. 1995).
“See Ind.Code § 36-8-3-3(g) (Burns 1994) (“[t]he police chief has exclusive control of the police department”); id.”
Felder v. Oliverio, 934 F. Supp. 1032 (N.D. Ind. 1996).
“is the executive head of the [police] department”); see also Ind.Code § 36-8-3-3(g) (“The police chief has exclusive control of the police department, .”
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