Sec. 21. (a) If it is necessary for the safety board or governing board to reduce the number of members of the department, the reduction shall be made by granting a temporary leave of absence, without pay or financial obligation to the unit, territory, or district, to the appropriate number of members. The last member appointed shall be put on leave first, with other members also put on leave in reverse hiring order, until the desired level is achieved.

     (b) If the department is increased in number again, the members of the department who have been granted leaves of absence under this section shall be reinstated before an applicant on the eligibility list is appointed to the department. The reinstatements begin with the last member granted a leave.

Terms Used In Indiana Code 36-8-3.5-21

  • 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

  • district: refers to a fire protection district established under IC 36-8-11. See Indiana Code 36-8-3.5-0.4
  • governing board: refers to the following:

    Indiana Code 36-8-3.5-0.5

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • territory: refers to a fire protection territory established under IC 36-8-19. See Indiana Code 36-8-3.5-0.6
     (c) A member on leave of absence shall keep the commission advised of the member’s current address. A member shall be informed of the member’s reinstatement by written notice. Within ten (10) calendar days after a member receives notice of reinstatement, the member must advise the commission that the member accepts reinstatement and will be able to commence employment on the date specified in the notice. All reinstatement rights granted to a member terminate upon the member’s failure to accept reinstatement within that period.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.127-2017, SEC.236; P.L.207-2023, SEC.23.

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