(b) The governing board may, by resolution, establish a merit system under this chapter. Before the merit system takes effect, however, the merit system must be approved by a majority of the active members of the department in a referendum as provided in section 4 of this chapter. The governing board shall specify in the adopting resolution which provisions of this chapter are being adopted that are:

(2) left to the governing board’s discretion;

under this chapter.

     (c) This chapter does not prevent a district or territory that has adopted a merit system under this chapter from later amending or deleting any provisions of the merit system contained in this chapter. However, the merit system must include a provision under which the commission has at least one-third (1/3) of its members elected by the active full-time members of the department, as set forth in section 8 of this chapter and a provision that incorporates the requirements of section 6(c) of this chapter. This subsection does not require the governing board under subsection (b) to establish a new merit system when the governing board exercises its power to amend under this subsection.

As added by P.L.207-2023, SEC.9.