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Home My Public Portal About026-1985- RATIFYING STATE LAW AS THE LEGAL RESIDENCE REQUIREMENTS FOR MEMBERS OF THE POLICE AND FIRE DEPTSLORDINANCE NO. 26-- 19$5 AN ORDINANCE RATIFYING STATE LAW AS THE LEGAL RESIDENCE REQUIREMENTS FOR MEMBERS OF THE POLICE AND FIRE DEPARTMENTS AND STRIKING ORDINANCE NO. 66-1984 AS UNCONSTITUTIONAL. WHEREAS, Indiana Code, I. C. 36-8-4-2 provides that members of the police and fire departments must reside within the county in which the city is located; and, W HERE AS, that statute also provides that in a second class city, such as Rich m ond, a m e m ber To ust also reside within fifteen (15) miles of the corporate boundaries of the city, have adequate m eans of transportation into the city and maintain in his or her residence telephone service with the city, and, WHEREAS in the case of Board of Public Safety v. State ex rel. Benkovich, 180 Ind. App. 294 (1979) the Indiana Court of Appeals held unconstitutional any attempt of a municipality to impose more stringent residency require m ents of police and fire e m ployees than is set by state law. NOW THEREFORE, BE IT ORDAINED by the Com mon Council for the City of Richmond, Wayne County, Indiana, that: SECTION 1. Ordinance No. 56 — 1984 is repealed in its entirety as being unconsti_tutionaL SECTION 2. Indiana C ode, T. C. 3 6 — 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. PASSED AND ADOPTED by the Com. mon Council of the City of. Richmond, I'Ana, this�day of1985: Y sfdent of Co'm mon Council ATTEST: Ci Cle A PRESENTED by me to the Mayor of the City of Richmond. Indiana this day of , 19B5. Citj Cl k APPROVE ➢ by me, Frank H. W alter m ann, Mayor of the City of Richmond, Indiana L s day of21 Al� G G M ayor ATTEST: 7a�tt� i73Gct.�c' N4 1