Indiana Code 36-8-3.5-5. Request to establish system; referendum
(1) unit’s legislative body; or
Terms Used In Indiana Code 36-8-3.5-5
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- 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
- territory: refers to a fire protection territory established under IC 36-8-19. See Indiana Code 36-8-3.5-0.6
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
to establish a merit system for the department.
(b) The unit’s legislative body or the governing board shall vote on the request within sixty (60) days after the request is filed with the following:
(1) In the case of a unit:
(A) the clerk of the legislative body of a county or a municipality; or
(B) the executive of a township.
(2) In the case of a district or territory, the governing board.
(c) If the unit’s legislative body votes to grant the request, the legislative body shall adopt an ordinance or resolution establishing a merit system under this chapter. If the governing board votes to grant the request, the governing board shall adopt a resolution establishing a merit system under this chapter. A copy of the ordinance or resolution shall be distributed to each active member of the department, and another referendum under section 4 of this chapter is required before the merit system takes effect.
(d) If the unit’s legislative body or a governing board votes to deny the request, the request may not be resubmitted to the legislative body or governing board for one (1) year. Before the request may be resubmitted, another referendum under section 4 of this chapter must be held.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.180-2002, SEC.4; P.L.207-2023, SEC.12.