HomeMy Public PortalAboutCHAP 31 Executive Branch.pdf
CHAPTER 31: EXECUTIVE BRANCH
SECTION
31.01 Mayor
31.02 Departments (Ord. 7-2005)
31.03 Boards and Commissions
31.04 Executive Branch Organization
31.05 Pension Boards
31.06 Savings Clause
31.07 Park and Recreation Non-Reverting Funds
31.08 Enforcement Aid Fund
Fire Department
31.40 Longevity Pay for Firefighters
31.42 Fireman’s Pension Fund
31.43 Residency Requirements
Police Department
31.50 Longevity Pay for Police Officers
31.51 Death Benefits
31.52 Merit System for Police Department
31.53 Gun Permits
31.54 Residency Requirements
31.59 Pension Calculating
31.60 Complaint Advisory Committee
31.70 Police Reserve Officers
31.01 MAYOR
The Mayor is the City executive and head of the executive branch. He or she shall faithfully
perform the duties and responsibilities contained in I.C. 36-4-5.
31.02 DEPARTMENTS
(a) All department heads shall be appointed by the Mayor, subject to commission or
board approval when required by statute or ordinance, and serve at the pleasure of
the Mayor. Department heads shall appoint deputies and other employees within
their departments with the approval of the Mayor.
(b) There hereby is established pursuant to I.C. 36-8-2-2 the Richmond Police
Department which shall be organized within the executive branch and operated
pursuant to the Indiana Code and the Richmond Code.
(c) There is hereby established pursuant to I.C. 36-8-2-3 the Richmond Fire Department
which shall be organized within the executive branch and operated pursuant to the
Indiana Code and the Richmond Code.
(d) There is hereby established pursuant to I.C. 36-4-9-4 the following departments:
(1) Department of Finance
(2) Department of Human Resources and Compliance
(3) Department of Law
(4) Department of Parks and Recreation
(5) Department of Infrastructure and Development
(6) Department of Sanitation
(7) Department of Streets
(8) Department of Purchasing and Environmental Services
which shall be organized within the executive branch and operated pursuant to
the Indiana Code and the Richmond Code. (Ordinance 1-1992) (Ordinance 4-
1996) (Ordinance 9-2004) (Ordinance 7-2005) (Ordinance 34-2016).
31.03 BOARDS AND COMMISSIONS
It is hereby acknowledged that the Indiana Code and Richmond Code establish certain boards
and commissions which shall operate within the executive branch in relation to the following
departments:
(a) Board of Public Works and Safety in relation to the Richmond Police
Department, the Richmond Fire Department, the Department of Finance and
Purchasing, the Department of Human Resources and Code Enforcement, the
Department of Law, and the Department of Public Works and Engineering. (I.C. 36-4-9-
5) (Ord. 4-1996)
(b) Police Merit Commission in relation to the Richmond Police Department. (Ord.
3187-1977)
(c) Board of Sanitary Commissioners in relation to the Department of Sanitation.
(I.C. 36-9-25-3)
(d) Board of Aviation Commissioners in relation to the responsibilities regarding
aviation within the Department of Public Works and Engineering. (I.C. 8-22-2-1) (Ord. 4-
1996)
(e) Parks and Recreation Board in relation to the Department of Parks and
Recreation. (I.C. 36-10-3)
(f) Advisory Plan Commission in relation to the Department of Planning and
Redevelopment. (I.C. 36-7-4-200)
(g) Advisory Board of Zoning Appeals in relation to the Department of Planning and
Redevelopment. (I.C. 36-7-4-900)
(h) Redevelopment Commission in relation to the Department of Planning and
Redevelopment. (I.C. 36-7-14-6)
(i) Economic Development Commission in relation to the Department of Economic
Development. (Ord. 71-1996)
31.04 EXECUTIVE BRANCH ORGANIZATION
Certain executive branch organization and authorization is established as follows:
(a) The City Controller as fiscal officer of the City pursuant to I.C. 36-4-10-2(c) is
authorized to appoint a deputy pursuant to I.C. 36-4-11-5(b). The City Controller is
responsible for the official acts of his deputy.
(b) The City Controller shall assess to the drawer or maker of any check or other
commercial instrument, which has been returned to the City or its agencies or
departments as unpayable due to insufficient funds or no accounts, a service fee in the
maximum amount permitted by I.C. 35-43-5-5. (Ord. 110-1984; Ord. 54-1994)
(c) The City Civil Engineer shall be the Director of the Department of Public Works
and Engineering. (Ord. 4-1996)
(d) The Purchasing Ordinance of the City of Richmond set forth in Chapter 41 of this
Code shall be administered by the Department of Finance and Purchasing. (Ord. 35-
1985; Ord. 103-1985.) (Ord. 4-1996)
(e) The Department of Human Resources and Code Enforcement shall issue the
permits and supervise the inspectors acting pursuant to the Building Code, Housing
Code, Zoning Code, and Sub-division Code. (Ord. 4-1996)
(f) The Department of Human Resources and Code Enforcement shall supervise
the inspector acting pursuant to the weights and measures standards control system
established pursuant to I.C. 36-8-2-12. (Ord. 4-1996)
(g) The Department of Public Works and Engineering shall operate the Rose View
Transit Service, the Senior/Disabled Transit Service, and the Richmond Municipal
Airport. Said operations shall be organized as the Transportation Division of said
Department. The operation of the Richmond Municipal Airport shall be congruent with
I.C. 8-22-2-1 which establishes the Board of Aviation Commissioners. (Ord. 1-1992
passed 2/3/92) (Ord. 4-1996)
(h) The Mayor’s Office is authorized and directed to provide Human and
Environmental Information and Referral Services and shall oversee and supervise the
provision of such services. (Ord. 2-1984; Ord. 54-1994)
(i) The City Clerk is authorized and directed to act as manager of the Off -street
Parking Fund. (Res. 4-1984; Ord. 54-1994)
31.05 PENSION BOARDS
(a) There is hereby created a Police Pension Board of Trustees to perform duties
prescribed by I.C. 36-8-6 (1925 fund) and I.C. 36-8-8 (1977 fund) and shall bear such
duties and responsibilities as are therein set out.
(b) There is hereby created a Firefighter’s Pension Board of Trustees to perform
certain duties prescribed by I.C. 36-8-7 (1937 fund) and I.C. 368-8 (1977 fund) and shall
bear such duties and responsibilities as are therein set out.
31.06 SAVINGS CLAUSE
(a) Nothing in this chapter shall be construed to terminate departments or boards
established under prior law if the General Assembly of the State of Indiana has indicated that
the act repealing the prior law was intended to be a codification or a restatement thereof and
that the substantive operation and effect of that prior law continues uninterrupted.
(b) Nothing in this chapter shall be construed to impair the rights and remedies of
the holders of any outstanding bonds of the City of any of its departments or boards or to impair
the obligations of the City or any of its departments or boards to fulfill the terms of any
agreements with the holders of said bonds. (Ord. 1-1984)
31.07 PARKS AND RECREATION NON-REVERTING FUNDS
(a) There is hereby created under Indiana Code 36-10-3-20 a special non-reverting
capital fund for the purpose of acquiring land or making specific capital improvements. All
proceeds from the sale of Parks and Recreation Department property and equipment plus
special user fees as established by the Parks and Recreation Board shall be deposited into this
capital fund. Money so deposited may not be withdrawn except for the purposes for which the
fund was created. Common Council may include in said Board’s annual budget appropriations
for such specific purposes as requested by said Board.
(b) There is hereby created under Indiana Code 36-10-3-22(b)(1) the following
special non-reverting operating funds:
(1) To be known as the Highland Lake Golf Course special non-reverting
operating fund, for park purpose, from which expenditures may be made by
appropriation by the Park and Recreation Board. All receipts and revenues from
Highland Lake Golf Course actives, including, but not limited to, golf program
participation, golf event admissions, concessions, course rentals, sales of merchandise
and food, and user fees from golf operations shall be deposited into said Highland Lake
Golf course special non-reverting operating fund.
(2) To be known as the Farmer’s Market special non-reverting operating fund
for park purposes, from which expenditures may be made by appropriation by the Parks
and Recreation Board. All receipts and revenues from Farmer’s Market activities,
including, but not limited to Farmer’s Market program participation, special Farmer’s
Market event admissions, park-provided concessions at the Farmer’s Market, Farmer’s
Market space rentals, and user fees from Farmer’s Market operations shall be deposited
into said Farmer’s Market special non-reverting operating fund.
(c) All receipts and revenues from other Park Department operations shall be
deposited into the Park and Recreation reverting general fund, which operations include, but
are not limited to the following operations, events, user fees, or rental fees:
(1) Reservoir operations, such as user fees and rental fees; and
(2) Enclosed facilities or open-air facilities user fees at the Senior Center,
Mary Scott Park, Springwood Park, or Glen Miller Park; and
(3) Sports and Recreation operations, such as user fees and concession
revenues at sports and recreations events or the swimming pool.
(Ord. 87-1985; Ord. 103-1993; Ord. 39-2017)
31.08 ENFORCEMENT AID FUND
(a) There is established an “Enforcement Aid Fund” which is established as a non-
reverting fund for the use and benefit of the Police Department.
(b) Sources of revenue for the Enforcement Aid Fund shall be limited to:
(1) Monies received as reimbursement for expenditures from the fund,
(2) Money received as a result of seizures under State or Federal forfeiture
programs,
(3) Specific appropriations by the City.
(c) The purpose for which funds may be expended are limited to:
(1) Operations or special investigations, and
(2) Purchase of equipment and material in aid of law enforcement.
(d) The City Controller’s Office shall adopt accounting and disbursement procedures
in accordance with regulations and guidelines of the State Board of Accounts to control
and account for the receipt and disbursement of monies from this fund. (Ord. 64-1991)
FIRE DEPARTMENT
31.40 LONGEVITY PAY FOR FIREFIGHTERS.
Effective the 1st day of January, 1986, any member of the fire department on active duty shall
receive in addition to such member’s base pay, longevity pay, which shall be determined on the
basis of the length of active service in the fire department, which said longevity pay shall be as
follows, to wit:
(a) Any member of the Fire Department who shall have had not less than three
years and not more than six years of active service in such member’s department shall
receive the sum of $900.00 per year in addition to such member’s base pay; the annual
payment shall commence upon the date upon which any such member shall have
completed three years of active service with such member’s department;
(b) Any member of the Fire Department who shall have had not less than six years
and not more than eight years of active service in such member’s department shall
receive the sum of $1,000.00 per year in addition to such member’s base pay; the
annual payment shall commence upon the date upon which any such member shall
have completed six years of active service with such member’s department;
(c) Any member of the Fire Department who shall have had not less than eight
years and not more than ten years of active service in such member’s department shall
receive the sum of $1,100.00 per year in addition to such member’s base pay; the
annual payment shall commence upon the date upon which any such member shall
have completed eight years of active service with such member’s department;
(d) Any member of the Fire Department who shall have had not less than ten years
and not more than twelve years of active service in such member’s department shall
receive the sum of $1,200.00 per year in addition to such member’s base pay; the
annual payment shall commence upon the date upon which any such member shall
have completed ten years of active service with such member’s department;
(e) Any member of the Fire Department who shall have had not less than twelve
years and not more than fourteen years of active service in such member’s department
shall receive the sum of $1,300.00 per year in addition to such member’s base pay; the
annual payment shall commence upon the date upon which any such member shall
have completed twelve years of active service with such member’s department;
(f) Any member of the Fire Department who shall have had not less than fourteen
years and not more than sixteen years of active service in such member’s department
shall receive the sum of $1,400.00 per year in addition to such member’s base pay; the
annual payment shall commence upon the date upon which any such member shall
have completed fourteen years of active service with such member’s department;
(g) Any member of the Fire Department who shall have had not less than sixteen
years and not more than eighteen years of active service such member’s department
shall receive the sum of $1,500.00 per year in addition to such member’s base pay; the
annual payment shall commence upon the date upon which any such member shall
have completed sixteen years of active service with such member’s department;
(h) Any member of the Fire Department who shall have had not less than eighteen
years and not more than twenty years of active service in such member’s department
shall receive the sum of $1,600.00 per year in addition to such member’s base pay; the
annual payment shall commence upon the date upon which any such member shall
have completed eighteen years of active service with such member’s department;
(i) Any member of the Fire Department who shall have had not less than twenty or
more years of active service in such member’s department shall receive the sum of
$1,700.00 per year in addition to such member’s base pay; the annual payment shall
commence upon the date upon which any such member shall have completed twenty
years of active service with such member’s department; and
It is intended that the eligibility for longevity pay and the amount of longevity that
is to be paid to each member of the Fire Department shall be determined as
upon that date upon which such member shall have completed three years of
active service with such member’s department, and upon that same calendar
date in each ensuing year thereafter.
It is further intended that any member of the Fire Department who has not accumulated three
years of active service shall not be eligible for longevity pay. (Ord. 93-1986)
31.42 FIREMAN’S PENSION FUND
(a) The City’s Fireman’s Pension Fund and Plan shall be subject to state law and the
City does officially place itself under the rules and regulations therein contained.
(b) Pursuant to state law, the monthly payment to the widow of a deceased fireman
shall be exactly 35% of the monthly wage received by a fully paid first-class fireman.
(c) Pursuant to state law, the monthly payment to each of a deceased fireman’s
children under 18 years of age shall be exactly 15% of the monthly wage received by a
fully paid first-class fireman. (‘72 Code, 3.09) (Ord. 1307-1946; Ord. 75-1979)
31.43 RESIDENCY REQUIREMENTS
Indiana Code I.C. 36-8-4-2 is adopted as it requires that members of the police and fire
departments of the City of Richmond reside within Wayne County and within fifteen (15) miles
of the corporate boundaries of the City of Richmond. In addition, each member shall maintain
adequate means of transportation into the City and must maintain residence telephone service
with the City. (Ord. 26-1985)
POLICE DEPARTMENT
31.50 LONGEVITY PAY FOR POLICE OFFICERS
(a) As an incentive for continued service with the Richmond Police Department,
each sworn police officer shall receive, in addition to his or her regular pay, beginning on
the officer’s anniversary date at the start of the officer’s second year with the Richmond
Police Department, an amount equal to 0.5% (1/2 of 1%) of the base salary of a First
Class Patrolman.
(b) On the anniversary date at the beginning of each successive year of the officer’s
employment, the longevity pay shall increase at 0.5% of the base salary of a First Class
Patrolman and such successive increases in longevity pay shall be cumulative in nature
with the previous increases.
(c) Funding for longevity pay shall be provided by the fees generated and deposited
in the non-reverting fund created by Ordinance 81-1984.
(d) This shall be effective January 1, 1985, and shall continue until revoked,
amended, or modified by the Common Council pursuant to the negotiation of a new
agreement between the City and any bargaining unit for officers of the Richmond Police
Department. (Ord. 80-1984)
31.51 DEATH BENEFITS
(a) Pursuant to state law, the payment of funeral benefits to the heirs or estate of
any active or retired member of the city police force who has suffered death from any
cause shall be exactly $1,500.
(b) Pursuant to state law, the payment to each of any deceased police officer’s
children under the age of 18 years shall be exactly 15% of the monthly pay of a first-
class patrolman per month to each child. (Ord. 2774-1973)
31.52 MERIT SYSTEM FOR POLICE DEPARTMENT
(a) Definitions - For the purposes of this section the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
(1) “ANNIVERSARY YEARS” - Full 12-month periods beginning with the
officer’s date of entry into police service with this Department. (Ord. 48-2002)
(2) “BOARD” - The Board of Public Works and Safety of the City. (Ord. 48-
2002)
(3) “CITY” - The City of Richmond, Indiana. (Ord. 48-2002)
(4) “COMMISSION” - The Civil Service Merit Commission created by this
plan. (Ord. 48-2002)
(5) “ELIGIBILITY LIST” or “PROMOTION LIST” –Are interchangeable and
mean that list prepared by the Commission of officers qualified for promotion
under rules and procedures of the Commission and this plan. (Ord. 48-2002)
(6) “NOMINATION-ELECTION COMMITTEE” - A committee of five police
officers selected by the membership of the Police Department for the purpose of
nominating candidates to be elected by the membership of the Police
Department to the Commission and conducting that election. (Ord. 48-2002)
(7) “ORAL INTERVIEW” - That portion of the promotion system wherein an
officer appears before the Merit Commission for the purpose of oral examination
for promotion. (Ord. 48-2002)
(8) “PAST PERFORMANCE” - That portion of the promotion system taken
from the Police Department bi-annual performance evaluations. (Ord. 48-2002)
(9) “POLICE OFFICER” - A sworn officer, functioning in a full time capacity
with the Police Department and who is a member of a Police Pension Fund.
(Ord. 48-2002)
(10) “SENIORITY RIGHTS” - Length of continuous service on this Police
Department by full anniversary years, plus that part of the year by full anniversary
months. (Ord. 48-2002)
(11) “STAFF” - Ranks above Captain and below Chief of Police to include the
ranks of Major or Deputy Chief. (Ord. 48-2002)
(12) “TECHNICAL STATUS” - A position that requires specialized knowledge,
skill, and training beyond that required for a patrolman. The Technical Status
position includes, but is not limited to:
Investigator (Ord. 48-2002)
(13) “TRANSITION PERIOD” - The time between enactment of this plan and
the date when all ranks within the Police Department are filled by the
Commission. (Ord. 48-2002)
(14) “WRITTEN COMPETITIVE EXAMINATION” - That portion of the
promotion system as relates to written tests as conducted by the Merit
Commission. (Ord. 48-2002)
(b) Commission Member Requirements
(1) A Commission shall be elected in the City, pursuant to (c) of this section
31.52, to consist of seven members as follows:
(A) One (1) person who holds a license to practice medicine,
dentistry, law, or is a Certified Public Accountant, in the State of Indiana
(B) One (1) person who holds a degree from a nationally accredited
institution of higher learning and is actively engaged in teaching or
administration at the elementary, secondary, or college level
(C) One (1) person who holds a degree from a nationally accredited
institution of higher learning in the field of theology, or any recognized
member of the clergy
(D) One (1) person who is qualified and experienced in the field of
labor relations
(E) One (1) person from the field of business or management
(F) Two (2) other persons from the above professions or any other
endeavor (Ord. 48-2002)
(2) The members of the Commission must be legal residents of the county
which contains the City for a period of three consecutive years
immediately prior to their election. They shall be persons of good moral
character, and shall be 21 years or older at the time of nomination. (Ord.
48-2002)
(3) A member of the Commission may not be an active or past member of
any police agency. (Ord. 48-2002)
(4) No more than four members of the Commission may be affiliated with the
same political party. For purposes of this section, political affiliation should be
determined by declaration. (Ord. 48-2002)
(5) The members of the Commission shall take an oath of office to
conscientiously and faithfully discharge their duties as Commissioners. A signed
copy of the oath shall be filed with the Board and placed in custody with the City
Clerk. (Ord. 48-2002)
(6) The Commission shall submit a budget annually to the City Controller for
an amount sufficient to provide funds for the necessary expenses of the
Commission. A person may not serve on the Commission if he receives any
remuneration as salary from a public fund. A public fund is not to be construed to
include monies received as remuneration, salary, or fees as a public defender,
educator, or physician, nor the per diem provided under this plan. (Ord. 48-2002)
(7) A candidate for the Commission may not have held an elected political
position or a compensated politically appointed position for three years prior to
nomination. (Ord. 48-2002)
(8) The Commission shall adopt, promulgate, and enforce rules and
procedures concerning the hiring of police officers. The Chief of Police with
approval of the Board shall as necessary, submit to the Commission in writing,
the need for appointments of sworn officers due to retirement, resignation,
dismissal, or other valid causes. The Commission shall then by state law and
Commission rules and procedures, fill the requested need. (Ord. 48-2002)
(c) Election of Commission Members
(1) The members of the Commission shall be elected as follows:
(A) The police officers of the City shall make the first three elections;
no more than two shall be of the same political affiliation. The police
officers shall make their selection within 30 days after July 18, 1977.
(B) The Common Council shall make the next three elections, in such
manner to provide that any political affiliation does not exceed three of
the six members now elected. The Common Council’s selection shall be
made within 30 days of the police officers’ action.
(C) The six selected members shall appoint the seventh member
within 30 days of election by the City Council. This seventh member may
be of any political affiliation. In the event of an impasse in the selection of
the seventh member, the six members of the Commission shall submit a
list of three names within seven days to the Common Council which shall
then elect the seventh member from the submitted list within 30 days.
(Ord. 48-2002)
(d) Term of Office
(1) At inception, the term of office shall be staggered as follows:
Police Department Common Council Committee
3 1-1 year 3 1-1 year 1 1-2 years
1-2 years 1-2 years
1-3 years 1-3 years
Thereafter the membership terms shall be three years. The term of members
elected by the police officers and Common Council shall on expiration be
alternated to allow the police officers and the Common Council to make elections
in the different occupational areas as described in 35.52 (b) above. The order of
election shall remain the same. (Ord. 48-2002)
(2) Exception shall be made when a Commissioner’s term expires during a
hearing for dismissal, discipline, or demotion. The Commission member whose
term expires during this hearing shall relinquish all Commission duties excepting
the hearing. The term shall then expire on completing the hearing. The expired
vacancy shall be filled as required in this plan for the conducting of regular
business. (Ord. 48-2002)
(e) Commission Vacancies
A vacancy on the Commission by reason other than expiration of term shall be filled
within 30 days by the same electing party to serve for the remainder of the unexpired
term. (Ord.48-2002)
(f) Commissioner Removal
The Board may remove any member of the Commission for malfeasance, nonfeasance,
change of residence that conflicts with (b) (2) above, or inability to serve. Removal of a
member of the Commission by the Board shall be subject to the same rules and
procedures which govern the removal of a police officer. (Ord. 48-2002)
(g) Nomination-Election Committee
(1) A Nomination-Election Committee shall be selected to conduct the
process of selecting the police officer’s appointments to the Commission. Police
Officers who wish to serve on the Nomination-Election Committee shall file with
the Board in writing their intent to become candidates for election to the
Nomination-Election Committee. The Board shall hold a meeting to conduct an
election for the Nomination-Election Committee before the expiration date of the
present members’ terms. The Board shall give notice 30 days prior to expiration
of term for filing of candidates. All police officers who file with the Board shall be
candidates in the election. The Board shall give notice 14 days before the
election meeting which will state the date, time, location, purpose of the meeting,
and the names of all the candidates. The notice shall be posted in three
prominent locations in the central police station. (Ord. 48-2002)
(2) Only members of the Board and police officers shall be present at the
meeting for the election of the Nomination-Election Committee and only police
officers shall have the right to vote. (Ord. 48-2002)
(3) Police officers who are unable to attend the meeting may vote by written
proxy, naming the police officer to whom their proxy is given. To be valid, the
proxy must be notarized, placed in a sealed envelope, and received by the
President of the Election Board before the election. The proxy shall be opened
publicly by the President or Acting President, who shall preside at the election
meeting, after he has called the meeting to order and before any vote is cast.
(Ord. 48-2002)
(4) Voting for members of the Committee shall be by secret ballot and the
five police officers receiving the greatest number of votes shall constitute the
Nomination-Election Committee. In the event of a tie vote for the fifth member
of the Nomination-Election Committee, the President shall call for another ballot
to break the tie. The candidate receiving the greatest number of votes shall be
designated the President of the Nomination-Election Committee. In the event
two or more members tie for the greatest number of the five members of the
Nomination-Election Committee shall select their own President.
(A) Any police officer on being appointed Chief of Police or
staff member is terminated from membership on the Nomination-Election
Committee effective on his date of appointment. Any officer on
retirement, resignation, or dismissal is terminated from membership on
the Nomination-Election Committee effective the date he leaves police
service. Any member of the Nomination-Election Committee may resign
at will.
(B) Vacancies created under (g) (4) (A) above will be filled by the
Board serving notice of candidate filing no later than the (7th) seventh day
after the vacancy occurs with meeting of election to be no later than the
(14th) fourteenth day after the vacancy. Notice shall be posted according
to (g) (1) above.
(C) In the first instance, the term of the Nomination-Election
Committee shall be determined by the number of votes received in the
election. A list shall be prepared of those elected beginning with the five
greatest number of votes and descending in order. The list shall be
numbered one through five beginning with the greatest number of votes
and ending with the least. Numbers one and two shall serve a three year
term, numbers three and four shall serve a two year term, and number
five shall serve a one year term. Thereafter the term shall be three years.
(Ord. 48-2002)
(h) Election of Commission Members by Police Officers
(1) The Nomination-Election Committee shall submit to the police officers a
list of three to five names as candidates for each Commission position
being considered for election. In selecting these persons, the Nomination-
Election Committee shall consider their occupation, political affiliation, and
their willingness to serve on the Commission. (Ord. 48-2002)
(2) The Committee shall give at least (15) fifteen days notice of the election.
The notice shall state the date, time, location, and the names of the
candidates being considered. The notice shall be posted in (3) three
prominent locations in the central police station. (Ord. 48-2002)
(3) Only police officers shall be present at the meeting. Police officers who
are unable to attend the meeting may vote by written proxy, naming the
police officer to whom their proxy is given. To be valid, the proxy must be
notarized, placed in a sealed envelope, and received by the Chairman of
the Nomination-Election Committee before the election. The proxy shall
be opened publicly by the President of the Nomination-Election
Committee, who shall preside at the meeting, after he has called the
meeting to order and before any vote is cast. (Ord. 48-2002)
(4) Voting for members of the Commission shall be by secret ballot and the
person receiving the greatest number of votes for the category position
shall be named to the Commission representing the police officers. The
results of the election shall be tabulated and filed with the City Clerk.
(Ord. 48-2002)
(i) Commission Meetings
(1) All regular meetings called by the Commission shall be held at the central
police station or the City hall building. Each member shall be notified of all
special meetings, as to the time and place of the special meeting, at least forty-
eight (48) hours prior to that meeting. (Ord. 48-2002)
(2) Four (4) members of the Commission shall constitute a quorum for the
transaction of business, provided that an action for discipline, dismissal, or
demotion shall require the affirmative vote of not less than five (5) members of
the Commission. (Ord.48-2002)
The Commission shall establish rules for governing the Commission and shall,
each year, select from its members a President, Vice-President, and a Secretary.
(Ord. 48-2002)
(j) Promotion of Police Officers
(1) The Commission shall adopt, promulgate, and enforce rules and
procedures concerning the promotion of police officers to ranks of Sergeant,
Lieutenant, and Captain, as well as appointments to the position of Investigator.
The Commission shall, in cooperation with the police officers of the City and the
Board, prepare job descriptions for all ranks and positions of the Police
Department within one year of inception of this plan. In the first instance, rank
and job descriptions in existence for the City shall be used. In addition, within
one year of inception of this plan the Commission in cooperation with the police
officers and the Board shall prepare standards of performance and training for
promotion of all ranks and appointments to position of Investigator. The
Commission and Police Department shall provide the technical training to meet
any technical knowledge required in promoted and appointed positions. Failure
of the Department to provide this training shall not place a promoted or appointed
officer in jeopardy. Failure of the promoted or appointed officer to attend the
training or his/her failure to meet required standards shall place the officer in
jeopardy. (Ord. 3187-1977; Ord. 27-1978)
The Commission shall establish criteria for testing and selections of the
promotional process. The established criteria shall be written and contained
within the rules and regulations. The Commission has the authority to contract
with an independent agency to conduct the promotional process for the
Richmond Police Department. When the Commission contracts with an
independent agency to conduct the promotional process, the independent
agency shall establish guidelines and procedures to be followed. The
independent agency will provide written documentation to the Commission, which
explains the process to be used. The Commission will then approve the
independent agencies process that is to be used for the promotional process.
Upon execution of a signed agreement for the promotional process, the
guidelines written in this chapter shall be superseded by the independent agency
procedures.
When considering promotions, the following four (4) factors shall be basic
consideration for rating a police officer.
(A) The grade received by the police officer on a written competitive
examination. The Commission shall set a minimum qualification score on
the written competitive examination. (Ord. 48-2002)
(B) The performance rating shall use the officer’s biannual
performance evaluations for the two (2) year period preceding the
examination date.
(C) The score received by the police officer on an oral interview
conducted by the Commission. (Ord. 48-2002)
(D) The score received by virtue of the length of service or longevity of
the police officer. (Ord. 48-2002)
(2) Weighting of the basic consideration factors.
(A) The grade received on the written competitive examination shall
be considered forty-five percent (45%) of the rating. (Ord. 48-2002)
(B) The past performance shall be considered as fifteen percent
(15%) of the rating. (Ord. 48-2002)
(C) The score received on the oral interview conducted by the
Commission shall be considered as thirty percent (30%) of the rating.
(Ord. 48-2002)
(D) The seniority rights based upon the number of years of service
shall constitute ten percent (10%) of the rating, considering the length of
service at the rate of one-half percent (.5%) for each year of service up to
and including 20 years. The number of days of continuous service
divided by (20 years x 365 or 7300) to derive fraction and multiplied by
ten percent (10%) to reach the number of seniority points. The maximum
number of points allowable is ten (10). Seniority rights score will be fixed
at the date of the examination. (Ord. 48-2002)
(3) When considering the percentage on the oral interview, the Commission
shall devise the method for computing this percentage and the manner in which it
is awarded. If any member receives 7% or less, the Commission members must
explain in writing the reasons for the score. The explanation shall be placed in
the officer’s personnel file. (Ord. 48-2002)
(4) All examination results shall be made part of the permanent file of the
individual officer taking the examination, and shall be maintained under the
supervision of the Chief of Police. The Commission members shall not have
knowledge of or access to, the grade received by individual members of the
Police Department on the written competitive examination until the oral interview
has been conducted and the score posted. The Chief of Police shall notify each
police officer, in writing, of the score the officer received on the oral interview.
The rules and procedures of the Commission shall provide that if any officer is
aggrieved with the grade received on the written competitive examination or the
oral interview, the officer shall have the right to appeal to the Commission for a
review of those scores within ten days after receiving notice of the score. The
Commission, after reviewing the scores and examination, shall have the authority
to affirm or correct the grade based upon the findings of its review. (Ord. 48-
2002)
(k) Demotion, Dismissal, and Discipline of Police Officers
The Commission shall adopt, promulgate, and enforce rules and procedures concerning
the demotion, dismissal, and discipline of police officers. However, demotions,
dismissal, or discipline by the Commission may only be made upon written request by
the Chief of Police and the request shall stipulate the reasons for the demotion,
dismissal, or discipline. Prior to a demotion, dismissal, or discipline being granted, the
officer who is subject to a demotion, dismissal, or discipline request shall be notified in
writing immediately and shall have the right to appeal within five (5) calendar days of
notification, and be heard by the Commission. The Commission shall require the Chief
of Police and the aggrieved police officer to be present at an open hearing within fifteen
(15) calendar days of the aggrieved member’s request for a hearing. The Commission,
after termination of the hearing, shall either affirm or deny the demotion, dismissal, or
discipline request within five (5) calendar days. If the decision is affirmed, the Chief’s
written request shall be signed by the President of the Commission for the Commission
and placed in the officer’s personnel file. (Ord. 48-2002)
(l) Performance Ratings
(1) The rules and procedures of the Commission shall include a system for
the rating of past performance. The system shall be implemented by the Police
Department and contain a provision requiring the performance rating for patrol
officers, sergeants, lieutenants and officers of higher rank to be rated every six
months. All ratings shall be made by the officer immediately superior to the
officer being rated. (Ord. 68-1988)
(2) All performance ratings shall be submitted to the Chief of the Police
Department and kept on file in his/her office or under his/her supervision, within
the central police station. (Ord. 3187-1977)
(3) The reviewing officer shall, within twenty (20) working days of completing
the rating, review the results of the rating with the police officer being rated.
(Ord. 68-1988)
(4) If any member is aggrieved with the performance rating given by his/her
superior officer and if this grievance is not resolved in the performance review
interview, the member shall have the right to appeal to a Performance Rating
Board of Review appointed by the Chief of the Police Department. This appeal
shall be made within ten (10) calendar days after the performance review
interview has been conducted. (Ord. 68-1988)
(5) The Performance Rating Board of Review shall be comprised of two (2)
members of the Merit Commission, one (1) staff officer, along with one (1)
supervising officer, and one (1) officer of equal rank to the aggrieved, who shall
serve for not more than six (6) months. If a member of the Department is
actively involved in any grievance to come before such body, the actively
involved member shall be disqualified, and the Chief of the Police Department
shall appoint a substitute member to serve in his/her place in regards to such
grievance. The staff officer shall serve as Chairman of the Performance Rating
Review Board and will vote only in the event of a tie vote by the other four (4)
members. (Ord. 68-1988)
(6) Appeals to the Performance Rating Board of Review shall be submitted to
the Chief of Police in writing. The aggrieved member shall be given a hearing
within fifteen (15) calendar days of his/her request. The officer shall be notified
in writing within five (5) calendar days of the decision made by the Board. (Ord.
68-1988)
(7) Officers appealing their scores may raise any argument they believe is
relevant but must base their appeal, at least in part, on at least one of the
following:
(A) The unfairness or inaccuracy of their own score or evaluation. No
one shall prevail on an appeal solely based on
the score or evaluation received by someone else.
(B) A violation of any procedure in producing the score or evaluation.
(8) The rules and procedures of the Commission shall provide that if any
member is aggrieved with the decision of the Performance Rating Board of
Review, he/she shall have the right to appeal to the Commission within ten (10)
calendar days after the decision of the Performance Rating Board of
Review has been handed down. The Commission shall have the authority either
to affirm or correct the rating based on the findings of the review. (Ord. 68-1988)
(m) Rules and Procedures for Promotions
(1) The rules and procedures shall provide that all promotions to any rank be
from the next immediate lower rank and that the person shall have qualified in
time of service required by this plan. A police officer must have served at least
one year in permanent rank by January 1st of the year immediately following the
test before being eligible to take the promotional test for the next higher ra nk.
These requirements may be waived by the Commission in that rare instance
where by departmental reorganization, resignation, or attrition; the ranks have
been depleted of officers meeting promotional requirements. This waiver shall
not be construed as to amend, or waive any other promotional requirements in
this plan. (Ord. 99-1990)
(2) Service time required for eligibility for next rank
(A) A police officer must have been a patrolman of the Police
Department for a minimum of five (5) years before he/she is eligible for
the rank of sergeant. (Ord. 3187-1977)
(B) A sergeant must have been a member of the Police Department
for a period of not less than seven (7) years before he/she is eligible for
the rank of lieutenant. (Ord. 3187-1977)
(C) A lieutenant must have been a member of the Police Department
for a period of not less than ten (10) years before he/she is eligible for the
rank of captain. (Ord. 3187-1977)
(D) The requirement of one (1) year in permanent rank as set forth in
(m) (2) (B) and (C), may be waived in that rare instance where by
departmental reorganization, resignation, or attrition, the ranks have been
depleted of officers meeting promotional requirements of (m) (2) (B) and
(C). This waiver shall not be construed as to amend or waive any other
promotional requirements in this plan.
(3) It shall be the discretion of the Chief of Police to assign those promoted
ranks within the Department’s command structure. (Ord. 3187-1977)
(4) The Commission, with approval of the Board, may create rank
classification for patrolmen. (Ord. 3187-1977; Ord. 99-1990)
(n) Technical Status
The Commission shall have the authority to set rules and regulations and procedures to
grant technical status and to prepare an eligibility list. Technical status shall include only
the position of Investigator. he Commission shall have the authority to grant technical
status to any member upon request of the Chief of Police provided the member has
completed the testing process as described in Section (j) of this chapter and is listed on
the eligibility list at the time the vacancy occurs. Vacancies in the status of Investigator
shall be filled from the established list of eligible officers through the Commission. It shall
be the responsibility of the Chief to make known to all members when a technical
position is vacated. Demotions from technical status shall be made in the same manner
as demotions from rank, with the same provisions for appeal. (Ord. 68-1988)
(o) Rules and Procedures to be Printed
The rules and procedures of the Commission shall be printed and a copy of the rules
and procedures shall be given to each police officer. Any amendments to the rules and
procedures made within 30 days of any promotion or demotion do not apply to that
promotion or demotion. All amendments to the rules and procedures shall be given to
all police officers. Any amendments to the rules and procedures shall require a majority
vote of all seven members of the Commission. (Ord. 3187-1977)
(p) Education Programs
The rules and procedures of the Commission shall include a manner for written
competitive examinations and an education system for the members of the Police
Department. The Commission may employ instructors who are not members of the
Police Department of the City or may enroll members in appropriate available programs.
The Commission is authorized to purchase materials and equipment, and allow other
necessary expenditures for the purpose of instructing the police officers. Materials,
equipment, instruction, and educational system shall pertain to written examinations
administered by the Commission under (r) below. (Ord. 3187-1977)
(q) Written Examinations
(1) The Commission shall establish criteria for testing and selections of the
promotional process. The established criteria shall be written and contained
within the rules and regulations. The Commission has the authority to contract
with an independent agency to conduct the promotional process for the
Richmond Police Department. When the Commission contracts with an
independent agency to conduct the promotional process, the independent
agency shall establish guidelines and procedures to be followed. The
independent agency will provide written documentation to the Commission, which
explains the process to be used. The Commission will then approve the
independent agencies process that is to be used for the promotional process.
Upon execution of a signed agreement for the promotional process, the
guidelines written in this chapter shall be superseded by the independent agency
procedures.
(2) Written competitive examinations shall be conducted by the Commission
for the purpose of establishing eligibility lists for promotion. Such examinations
shall be conducted under the provisions of this section. The examination
contents shall be on law enforcement related to this City, and shall not be of the
intelligence quotient, general education development, or psychological profile
types. No police officer shall have access directly or indirectly to examination or
related testing materials developed for this purpose, prior to the time he/she sits
for such examination.
(A) The Commission shall select and designate an appropriate
independent testing service, outside the Police Department, to devise and
grade all written examinations conducted hereunder. (Ord. 3187-1977)
(B) The Commission may use different testing services for
subsequent examinations or for examinations for eligibility lists for
promotion to different ranks. (Ord. 3187-1977)
(3) To control, administer, and monitor the examination, the Commission
shall appoint a Test Committee of three from its membership, and shall
designate the Chairman of the Test Committee. The duties of the Committee
and/or its Chairman shall be as follows:
(A) The Chairman or designee shall be designated to the testing
service as the person to receive the written examination forms (and
related testing materials),and subsequent grades; and the testing service
shall be instructed to deliver the forms and materials in a sealed package,
by registered mail to the Chairman or designee. (Ord. 99-1990)
(B) It shall be the duty of the Chairman of the Test Committee to
receive the examination forms and materials, to maintain them in their
sealed package, and secure them until the scheduled examination date.
(Ord. 99-1990)
(C) On the examination date, the forms and materials will be delivered
to the examining room by the Chairman, or member of the Test
Committee, who shall break the seal and inspect the examination forms.
(Ord. 99-1990)
(D) A member of the Test Committee shall distribute the forms to the
officers taking the examination. (Ord. 99-1990)
(4) Each officer taking the examination shall report to the Test Committee
and shall draw a number, assigned by lot and enter the number on his/her
examination paper and shall enter the number and his/her name on a card
provided for this purpose and place the card in an unmarked envelope and seal
it. He/She shall then submit his/her sealed envelope to the member of the Test
Committee. (Ord. 32-1989; Ord. 99-1990)
(A) All examination papers (including unused forms) shall be turned in
to the representative of the testing service upon completion of the exam.
(B) Place all individual envelopes, containing the name and number
cards, into a packet which shall be sealed and placed in a secure area.
(C) Upon receipt of a grade from the testing service and after
completion of the oral interviews, under Section (j), the Test Committee
Chairman shall deliver the sealed packet of name and number cards to
the President of the Commission who shall then break the seal and
assign the grades by number to the officers who took the examination.
(Ord. 99-1990)
(5) All scores shall be posted by number only at the central police station.
The officer scoring the highest cumulative score in the four areas, written
competitive examination, past performance rating, oral interview, and seniority,
shall be placed at the top of the new eligibility list for that rank. Other members
who took the test shall be ranked by their cumulative scores on the eligibility list
in a descending order.
(6) The eligibility list shall be maintained for a period of two (2) years or until
exhausted, at which time there shall be another eligibility list established. (Ord.
99-1990)
(r) Staff Personnel
(1) The Mayor shall appoint the Chief of Police. The appointment shall be of
an officer serving at a rank not less than that of lieutenant, or qualified to serve
as a lieutenant from the current promotion list as described in this plan. (Ord.
3187-1977)
(2) The staff may consist of two officers who shall be appointed by the Chief
of Police with the consent of the Mayor. The appointment shall be officers
serving at a rank not less than that of sergeant, or qualified to serve at a rank of
sergeant from the current promotion list as described in this plan. (Ord. 3187-
1977)
(3) Any change in title or rank of staff positions, shall be presented in writing
to the Commission. The removal of any member of the Police Department as
Chief or staff member by the Mayor shall be deemed as removal from that rank
only and not from the Police Department. (Ord. 3187-1977)
(4) Upon expiration of term or removal from of fice of any chief or staff
member of the Police Department, such persons be made available by the
Commission to the rank in the Police Department which they held at the time of
appointment to chief or staff member. In the event the chief or staff member
have qualified in accordance with the promotional procedure as prescribed by the
Commission in its rules and procedures for any rank which is higher than the
rank held at the time of their appointment, they shall, upon expiration of their
term or removal as chief or staff member, be made available by the Commission
to the rank for which they have qualified under the promotional procedures
established. (Ord. 68-1988)
(5) In the event that permanent rank positions have already been
established, a bumping or replacement system would be put into effect. The
junior (time in grade) permanent Captain, Lieutenant, or Sergeant would revert to
a lower rank with the required number of positions of rank being maintained.
Any person holding the junior position and that has been reduced in rank due to the
administrative change, is subsequently placed at the top of the eligibility list for that rank;
and, reverts to the higher rank previously achieved without any further testing when that
position of rank becomes available. (Ord. 68-1988)
(s) Department Structure
(1) On the implementation of this plan, the organizational structure of the
Police Department shall be on the recommendation of the Chief of Police with
the approval of the Board. The Commission shall implement this structure by
filling the required rank positions according to this plan. (Ord. 3187-1977)
(2) Any future reorganization of departmental structure shall be on the
recommendation of the Chief of Police with the approval of the Board. If
approved the reorganization will be implemented by the Commission by filling
new rank positions according to the rules and regulations of the Commission and
this plan. Except for the instance when the Chief or staff officers descend to
positions of rank due to an administration change, no promoted officer shall be
reduced in rank for the reason of reorganization, but shall hold that rank unless
qualified for promotion, nor shall that officer lose any consideration for promotion
to the next higher rank. Reassignment of any officer as a result of a change to
restructure shall be in accordance with subsection (m) (4) of this chapter. (Ord.
3187-1977; Ord. 3233-1977; Ord. 27-1978; Ord. 68-1988)(Ord. 48-2002)
31.53 GUN PERMITS
The City of Richmond Police Department shall collect a fee of $10 for the issuing of a gun
permit. (Ord. 75, 1981; Ord. 54-1994)
31.54 RESIDENCY REQUIREMENTS
Indiana Code I.C. 36-8-4-2 is adopted as it requires that members of the police and fire
departments of the City of Richmond reside within Wayne County and within fifteen (15) miles
of the corporate boundaries of the City of Richmond. In addition, each member shall maintain
adequate means of transportation into the City and must maintain residence telephone service
with the City. (Ord. 26-1985)
31.59 PENSION CALCULATING
For the purposes of establishing a basis for calculating pension benefits and assessments
Police Pension Fund, the salary for a first class patrolman with twenty-four (24) years of service
shall be used. (Ord. 41-1986)
31.60 RICHMOND POLICE COMPLAINT ADVISORY COMMITTEE (Ord. 66-2000)
(a) There is hereby established the Richmond Police Complaint Advisory Committee.
Said committee shall consist of five (5) residents of the City, of which three (3) shall be
appointed by Common Council and two (2) shall be appointed by the Mayor. So that terms
are staggered, three of the initial terms shall expire December 31, 2001 (two (2) of the
Council appointments and one (1) of the Mayor appointments) and two shall expire
December 31, 2002, (one (1) of the Council appointments and one (1) of the Mayor
appointments). Upon expiration of the initial terms, subsequent appointments shall be for a
term of two (2) calendar years. Members may be re-appointed at the discretion of the
appointing authority.
(b) The Richmond Police Complaint Advisory Committee shall meet upon notification by
the Police chief of any pending complaint, or as needed. To the extent any agenda item
shall deal with any employee’s alleged misconduct, or other information for which an
executive session may be held pursuant to I.C. 5-14-1.5, the meetings may be held in
executive session.
(c) Members of the Committee shall elect from their membership a chair, vice chair, and
secretary who shall be elected at the first meeting of each calendar year, and shall serve
until the end of said calendar year.
(d) The Richmond Police Complaint Advisory Committee shall not investigate the merits
or lack thereof of any incidents leading to a complaint, but shall review the process followed
in taking and investigating any original complaint to ensure that proper procedures were
followed and that both the complainant and any police officer involved were treated fairly.
After completing said review, the Committee shall advise the Police Chief whether proper
and consistent procedures were followed and whether all involved were, in the opinion of
the Committee, treated fairly.
(e) The Richmond Police Complaint Advisory Committee shall also provide ongoing
feedback, including suggestions for improvement, with respect to the complaint process.
The Committee shall consider any input received from citizens, law enforcement officials,
and other sources.
(e) In order to preserve the integrity of the process and protect those involved, the
names of any complainant filing a complaint and any accused police officer shall be
deemed part of an investigation record; part of an officer’s personnel file; and/or part
of a record specifically prepared for discussion in an executive session, and
therefore confidential pursuant to I.C. 5-14-3-4, which information shall then be kept
in confidence by the members of the Committee.
31.70 POLICE RESERVE OFFICERS – Ord. 55-2009 passed September 15, 2009
(a) The Chief of Police, at his discretion, may implement a police reserve officer program
for the Richmond Police Department, pursuant to Indiana Code 36-8-3-20
(b) The number of police reserve officers in the police reserve officer program shall not
exceed 20 police reserve officers at any one time.
(c) The police reserve officers shall be appointed by the same authority that appoints
regular members of the Richmond Police Department.
(d) Police reserve officers may not be members of the regular Richmond Police
Department but shall have all of the same police powers as regular members of the
Richmond Police Department except as limited by the rules of the Richmond Police
Department.
(e) The Richmond Police Department may adopt rules to limit the authority of police
reserve officers.
(f) At the discretion of the Chief of Police and with the concurrence of the Richmond Police
Merit Commission, to the extent that money is appropriated for a purpose listed in this
subsection, police reserve officers may receive any of the following:
(1) A uniform allowance.
(2) Compensation for time lost from other employment because of court appearances.
(g) Police reserve officers are not eligible to participate in any pension program provided
for regular members of the Richmond Police Department.
(h) A Richmond police reserve officer may not be appointed until he or she has completed
the training and probationary period specified by rules of the Richmond Police
Department.
(i) A reserve police officer appointed by the department may not:
(1) make an arrest;
(2) conduct a search or seizure of property; or
(3) carry a firearm;
unless the police reserve officer successfully completes the pre-basic course under Indiana
Code 5-2-1-9 (f).
(j) A police reserve officer may be covered by the medical treatment and burial expense
provisions of the worker’s compensation law (IC 22-3-2 through IC 22-3-6) and the
worker’s occupational diseases law (IC 22-3-7). If compensability of the injury is an
issue, the administrative procedures of IC 22-3-2 through IC 22-3-6 and IC-22-3-7
shall be used to determine the issue.