Sec. 19. (a) In addition to the disciplinary powers of the commission, the chief of the department, may, without a hearing, reprimand or suspend without pay a member, including a police radio or signal alarm operator or a fire alarm operator, for a maximum of five (5) working days. For the purposes of this subsection, eight (8) hours of paid time constitutes one (1) working day.

     (b) If a chief reprimands a member in writing or suspends a member, the chief shall, within forty-eight (48) hours, notify the commission in writing of the action and the reasons for the action. A member who is reprimanded in writing or suspended under this section may, within forty-eight (48) hours after receiving notice of the reprimand or suspension, request in writing that the commission review the reprimand or suspension and either uphold or reverse the chief’s decision. At its discretion, the commission may hold a hearing during this review. If the board holds a hearing, written notice must be given either by service upon the member in person or by a copy left at the member’s last and usual place of residence at least fourteen (14) days before the date set for the hearing. The notice must contain the information listed under section 17(d) of this chapter. If the decision is reversed, the individual who was suspended is entitled to any wages withheld as a result of the suspension.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.265-1993, SEC.4; P.L.127-2017, SEC.235.

Terms Used In Indiana Code 36-8-3.5-19

  • commission: refers to the merit commission for a merit system established under this chapter. See Indiana Code 36-8-3.5-0.2
  • department: refers to :

    Indiana Code 36-8-3.5-0.3

  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Uphold: The decision of an appellate court not to reverse a lower court decision.