Lake Station City Zoning Code

The city is and shall continue to be known by its historic name as Lake Station, Indiana.

The government of the city shall consist of three (3) branches, those being:

(a)

The executive branch (I.C. 36-4-5-1 et seq.);

(b)

The legislative branch (I.C. 36-4-6-1 et seq.); and

(c)

The judicial branch (I.C. 33-10.1-1-3 et seq.).

In addition, the city government shall include a fiscal division (I.C. 36-4-10-1 et seq.) and statutory boards and commissions.

(Ord. No. 84-5, § 1, 3-1-84)

The mayor is the city executive (I.C. 36-1-2-5) and head of the executive branch. He or she shall faithfully perform all the duties and responsibilities as set forth in the ordinances embodied in the Lake Station City Code, the several statutes of the State of Indiana contained in the Indiana Code and the rules and regulations contained in the Indiana Administrative Code.

State Law reference— Mayor's powers generally, I.C. 3-2-7-1 et seq.; authority to appoint officers, employees, etc., I.C. 36-4-9-8.

The mayor shall be elected pursuant to I.C. 3-2-7-1, et seq.

(a)

The mayor shall take office at 12:00 noon on the first day of January following his election and shall serve for four (4) years and until a successor is elected and qualified pursuant to I.C. 3-2-7-5.

(b)

In the event of absence, illness, or inability of the Mayor to discharge his powers and duties, the provisions of I.C. 36-4-5-8, shall apply.

(c)

In the event of the mayor's office becoming vacant, the provisions of I.C. 36-4-5-9, shall apply.

(a)

The clerk-treasurer is the fiscal officer (I.C. 36-1-2-7) of the City of Lake Station and shall perform those duties and responsibilities designated by Title 36, Article 4, Chapter 10, of the Indiana Code and such other duties as are required by the local government code and the several statutes of the State of Indiana.

(b)

The clerk-treasurer is authorized, pursuant to I.C. 36-4-11-4, to appoint the number of deputies and employees authorized by the common council. Such deputies and employees shall work under the exclusive direction of the clerk-treasurer, and serve at the pleasure of the clerk-treasurer.

(c)

The clerk-treasurer shall be the clerk of the common council and shall perform the duties prescribed by I.C. 36-4-6-9, and such other duties as the Council may direct.

(Ord. No. 84-5, § 1D, 3-1-84)

State Law reference— Powers of clerk-treasurer generally, I.C. 36-4-10-1—36-4-10-5.

(a)

The clerk-treasurer shall be elected in the same manner as the mayor.

(b)

The clerk-treasurer shall take office at 12:00 noon on the first day of January following his or her election, and shall serve for four (4) years and until a successor is elected and qualified pursuant to I.C. 3-2-7-5.

(a)

There is established a board of public works and safety pursuant to I.C. 36-4-9-5. Such board shall act as the works board (I.C. 36-1-2-24) and safety board (I.C. 36-1-2-16) and faithfully perform the duties and responsibilities as set forth in the local government code and the several statutes of the State of Indiana.

(b)

The board shall be the chief administrative body of the City of Lake Station and shall have control of the day to day operations of the following executive departments which are established.

(1)

Police department;

(2)

Fire department;

(3)

Emergency medical services department;

(4)

Water department (I.C. 36-9-2-14);

(5)

Sewer department (I.C. 36-9-2-17);

(6)

Public works department;

(7)

Sanitation department;

(8)

Civil defense department (I.C. 10-4-1-1 et seq.);

(9)

Engineering department;

(10)

Maintenance department;

(11)

Street department (I.C. 36-9-2-5);

(12)

Building department (I.C. 36-9-7-1 et seq.).

State Law reference— Establishing police and law enforcement system, I.C. 36-8-2-2; establishing firefighting system, I.C. 36-8-2-3.

The clerk-treasurer shall serve as clerk of the board of public works and safety without additional compensation.

(Ord. No. 80-8, § 1, 2-7-80)

The board of public works and safety shall make rules governing the time and place for holding regular and special meetings, and for giving notice thereof.

(Ord. No. 80-8, § 3, 2-7-80)

The mayor shall have the power at any time to remove any member of the board of public works and safety and to fill by appointment any vacancy occurring in such office pursuant to applicable Indiana law.

State Law reference— Suspension and removal of officers, I.C. 36-4-11-2.

There is established a department of law which shall have the powers and duties set forth in I.C. 36-4-9-12.

State Law reference— City attorney as head of department of law, I.C. 36-4-9-11.

Editor's note— Ord. No. 2004-12, adopted May 20, 2004 repealed Ord. No. 94-22, thus eliminating the department of parks and recreation and vacating Sections I through VIII, therefore in effect repealing § 2-23 of the Code, which pertained to the parks and recreation department. Ord. No. 2004-12, furthermore provided that "upon passage of this ordinance eliminating the department of parks and recreation, the parks and recreation board shall also be vacated. The mayor and the board of public works and safety will be known as the park authority."

There is established a department of planning and development. The department shall consist of three (3) divisions:

(a)

The plan commission organized pursuant to I.C. 36-7-4-200 Series-commission establishment and membership, whose duties and responsibilities are contained in the local government code and the several statutes of the State of Indiana.

(b)

The board of zoning appeals organized pursuant to I.C. 36-7-4-900 Series-board of zoning appeals, whose duties and responsibilities are contained in the local government code and the several statutes of the State of Indiana; and

(c)

The economic development commission organized pursuant to I.C. 36-7-12-1 et seq., whose duties and responsibilities are contained in the local government code and the several statutes of the State of Indiana.

There is established a building department (formerly designated as the planning and building department) pursuant to I.C. 36-7-9-1 et seq., and it shall be responsible for the administration of Title 36, Article 7, Chapter 9, and all applicable sections thereof which are incorporated by reference herein and its duties and responsibilities therein contained and as set forth in the several statutes of the State of Indiana, and this Code.

(a)

The city executive shall appoint:

(1)

A city civil engineer;

(2)

A city attorney;

(3)

A chief of the fire department;

(4)

A chief of the police department;

(5)

Other officers, employees, boards and commissions required by statute.

The officers, employees, boards and commissions appointed pursuant to this section shall exercise and perform the duties prescribed by statute and ordinance which pertain to such position.

(b)

The mayor may suspend or remove from office any officers, deputies, or other employees of the city appointed by him or a prior executive, by notifying them to that effect and sending a written statement of the reasons for the suspension or removal to the common council pursuant to I.C. 36-4-11-2.

State Law reference— Appointments, I.C. 36-4-9-8.

(a)

Minimum individual surety bonds are established and required for the following positions:

(1)

Clerk-treasurer .....$45,000.00

(2)

Deputy clerks .....8,500.00

(3)

Secretary of police pension board .....8,500.00

(b)

Pursuant to I.C. 5-4-1-18, a minimum blanket bond is authorized, established and required in the minimum amount of eight thousand five hundred dollars ($8,500.00) for the following positions:

Public works and utilities clerks

Building department secretary

Police department clerk/radio operators

(c)

Pursuant to I.C. 8-1.5-3-5, an individual surety bond is established and required for the superintendent of utilities in the amount of fifty thousand dollars ($50,000.00).

(d)

Pursuant to I.C. 36-10-3-16, a blanket surety bond is established and required in the amount of eight thousand five hundred dollars ($8,500.00) for each officer and employee who handles money in the performance of his duties as may be required pursuant to I.C. 36-10-3-1 et seq.

A blanket bond is authorized, established, and required in the minimum amount of eight thousand five hundred dollars ($8,500.00) for all other parks and recreation department employees.

State Law reference— Bond and oath requirements, I.C. 5-4-1-1 et seq.

(a)

The mayor shall fix the compensation, subject to the approval of the common council, and/or salary and benefits of each appointive officer, deputy and other employees of the city by specific ordinance pursuant to I.C. 36-4-7-3.

(b)

The salaries of the members of the park and recreation board shall be governed by I.C. 36-10-3-9.

(c)

The compensation of officers and personnel of the park and recreation department shall be governed by I.C. 36-10-3-10.

(d)

The annual compensation of all members of the police and fire departments and other appointees shall be fixed by ordinance of the Common Council pursuant to I.C. 36-8-3-3.

(a)

The pay date shall be every week on a Friday. If a payday falls on a holiday, payday shall be on the preceding Thursday.

(b)

All contractual employees of the city or of the common council shall submit claims for payment of contractual services with the board of public works or the common council prior to the last monthly meeting of each month as provided by I.C. 36-4-8-7 or I.C. 36-4-8-5.

(Ord. No. 92-03CC, § 1, 2-6-92; Ord. No. 2008-03, § I, 3-20-2008)

(a)

The City of Lake Station shall continue to be a participant in the public employees' retirement fund subject to I.C. 5-10.3 et seq., and the rules promulgated by the board of trustees of the public employees' retirement fund.

(b)

The city, through the office of the clerk-treasurer, agrees to make required contributions.

(c)

The clerk-treasurer is appointed as the city's authorized respondent for P.E.R.F. employment verification purposes.

(d)

Elected officials shall be members of the fund including: mayor, city judge, clerk-treasurer, and common council members.

(e)

All employees of the City of Lake Station and its several departments, boards and commissions shall be members of the fund provided that such membership shall be governed by the several statutes of the State of Indiana and the following provisions:

(1)

Employees under sixty (60) years of age who become full-time employees shall become members after twelve (12) months of continuous service, uninterrupted by a break in service of more than two (2) months. Such employees may choose to become members after one (1) month of service.

(2)

Employees who are sixty (60) or more years old when they are employed are entitled to become, at their option, members of the fund.

(3)

Employees occupying positions normally requiring performance of service of more than six hundred (600) hours during a year who were hired before July 1, 1982.

(4)

Employees hired after June 30, 1982, occupying positions normally requiring performance of service of more than one thousand (1,000) hours during a year.

(5)

Employees excluded are those who do not meet the aforementioned provisions. Also excluded are those employees who are members of, who are eligible to be members of, or who will become eligible by reason of employment to be members of other pension or retirement funds or plans, except the federal Social Security program, maintained in whole or in part by appropriations by the City of Lake Station or the State of Indiana.

State Law reference— Membership provisions, I.C. 5-10.3-7-1—5-10.3-7-3; optional membership, I.C. 5-10.3-7-3.

All officers, officials, employees, or other public servants of the city shall be governed by the provisions of I.C. 35-44-1-1 et seq.

Policies regarding sick leave, vacations, mileage, holidays, and other related benefits for City employees shall be addressed in the annual salary ordinance pursuant to I.C. 36-4-7-3, I.C. 36-8-3-3, and I.C. 36-10-3-10.

(a)

There is created an accident report account for the Lake Station Police Department.

(b)

The source of funds which are to be deposited into said fund is the fees received for accident reports and information under I.C. 9-3-1-3.

(c)

Said fund is to be used at the discretion of the chief of police of the department for any department purpose reasonably related to the keeping of accident reports and records for the prevention of street and highway accidents.

A bond sinking fund is created for the gradual extinguishment of the bonded indebtedness of the city.

A city development fund is created to be used to pay expenses incurred in promoting the betterment of the city, including, but not necessarily limited to the following:

(a)

Direct expenses for travel, meals and lodging in conjunction with city business or meeting of organizations to which the city belongs;

(b)

Expenses incurred in the promotion of economic or industrial development for the city, including, but not limited to, meeting room rental, meals, decorations, travel, awards, memorabilia;

(c)

Expenses incurred in interviewing job applicants;

(d)

Expenses incurred in developing relations with other units of government;

(e)

Other expenses of a civic or governmental nature deemed to be in the best interest of the city.

(a)

A Cumulative Building Fund is continued for the purpose of providing funds for the purchase, planning, erection, remodeling or extension of a city governmental building, or for any or all of the above enumerated municipal undertakings.

(b)

The City of Lake Station has levied an additional tax at the rate of fifty cents ($0.50) for each one hundred dollars ($100.00) of taxable real property within the present city taxing district to provide monies for said cumulative building fund. Said tax to be first levied in 1978 payable in 1979 and thereafter for a total period of ten (10) years to expire in 1988 as provided by I.C., 36-8-16-1 et seq.

(Ord. No. 78-30, §1, 10-5-78)

A cumulative capital improvement fund is continued for purposes permitted under I.C., 36-9-16-1 et seq.

A cumulative sewage and disposal plant fund is continued for purposes permitted under I.C., 36-9-26-1 et seq.

A cumulative street fund is created to provide money for the acquisition of rights-of-way for public ways and sidewalks and the construction and reconstruction of public ways and sidewalks. It shall be funded and operated in accordance with I.C., 36-9-16.5-1 et seq.

(a)

A firearms training fund is continued, pursuant to I.C., 35-47-2-3, and is designated as the firearms, training, and equipment fund.

(b)

It shall be funded by all fees collected for handgun license applications, grants and donations.

(c)

Monies shall be used by the police department exclusively to train law enforcement officers in the proper use of firearms or other law enforcement duties, and to purchase law enforcement related equipment.

(d)

Expenditures may be made without appropriation upon the basis of a claim filed, allowed, and paid in the regular legal manner.

(a)

The common council is authorized to budget and appropriate funds from the general fund or from other funds to provide membership for the city and the elected and appointed officials and members of the municipality's boards, council, departments, or agencies, in local, regional, state, and national associations of a civic, educational, or governmental nature, which have as their purposes the betterment and improvement of municipal operations.

(b)

The common council is further authorized to budget and appropriate funds to pay the expenses of duly authorized representatives to which the municipality belongs.

A General Improvement Fund is continued for purposes permitted under I.C., 36-9-17-1 et seq.

An industrial development fund is continued for purposes permitted under I.C., 36-7-13-1 et seq.

The following funds are continued in effect. Each shall be funded and operated in accordance with all statutory requirements:

(a)

Central Avenue Barrett-Bond Fund

(b)

Excess Levy Fund

(c)

Federal Revenue Sharing Fund

(d)

General Fund

(e)

Local Road and Street Fund (I.C., 8-14-2-1 et seq.)

(f)

Motor Vehicle Highway (MVH) Fund (I.C., 8-14-1-1 et seq.)

(g)

Park Fund

(h)

Park Donation Fund

(i)

Park Security Deposit Fund

(j)

Payroll Fund

(k)

Public Lighting Fund

(l)

Sewage Fund

(m)

Water Fund

(n)

Park Debt Service Fund

(a)

A petty cash fund is continued pursuant to I.C., 36-1-8-3, for the purpose of paying small or emergency items of operating expense.

(b)

A receipt shall be taken for each and every expenditure from such fund and a claim shall be filed by the custodian of the fund, to reimburse such fund for expenditures so made.

(c)

No reimbursement shall be made unless there is attached to the claim receipts totaling the amount so claimed, and such reimbursement shall be approved, allowed and paid in the same manner as other claims.

(d)

A petty cash fund in the amount of five hundred dollars ($500.00) is approved by the Common Council of the City of Lake Station, Indiana, for the purpose of payment of emergency items of operating expense for the city.

(Res. No. 80-1, 3-6-80)

(a)

A police pension fund is continued for the city to be administered by a board of trustees pursuant to I.C., 36-8-6-1 et seq., as to the 1925 fund, and I.C., 36-8-8-1 et seq., as to the 1977 fund.

(b)

The board of trustees of the police pension fund of the city shall be composed of seven (7) members: the mayor, the clerk-treasurer and the chief of police, who shall be ex-officio members of the board, one (1) retired member of the police department of the city, if there is one, and the remaining members shall be active members of the police department of the city. The mayor shall be the presiding officer to oversee the transaction of official business, the clerk-treasurer shall be the treasurer, and a secretary shall be selected from the members.

(c)

The duties, powers and responsibilities of the board of trustees of the police pension fund shall be those provided by law. ^[2]

There is continued a special non-reverting operating fund pursuant to I.C., 36-10-3-22. Monies derived from parks and recreation activity fees may be deposited in said fund as directed by the parks and recreation board, and shall be deposited at least once each month with the clerk-treasurer.

There is continued a special non-reverting capital fund pursuant to I.C., 36-10-3-20.

There is continued a special non-reverting donation fund pursuant to I.C., 36-10-3-18.

There are established cash change funds pursuant to I.C., 36-1-8-2, for the following:

(a)

A nonreverting cumulative fund for the demolition of unsafe structures (hereinafter, "the unsafe building fund") is hereby established in the operating budget of the building department pursuant to Indiana Code § 36-7-9-14.

(b)

The unsafe building fund shall consist of any appropriation made from the general fund of the city or of taxes levied by the common council, or any other monies received pursuant to Indiana Code § 36-7-9-14 for the purposes for which the unsafe building fund is allowed to be used.

(c)

The monies accumulated in the unsafe building fund may only be used for the purposes set forth above [in Indiana Code § 36-7-9-14].

(Ord. No. 2001-09, §§ 1—3, 3-15-2001)

State Law reference— Establishment of unsafe building fund, I.C., 36-7-9-14.

The abandoned vehicle account fund is established pursuant to I.C., 9-9-1.1-14(a).

(a)

There is established an emergency medical service training and equipment fund. Said fund shall be nonreverting and funded by contributions and donations.

(b)

All contributions and donations shall be deposited at least once each month with the clerk-treasurer.

(c)

Monies deposited in said fund shall be expended without appropriation subject to the disbursement on approved claims allowed by the board of public works and safety. Monies shall be used for the purpose(s) stipulated by the donor or contributor. In the event that the donor or contributor does not stipulate the use of the monies, such monies may be expended for any emergency medical service training or equipment.

(a)

There is established a fire department training and equipment fund. Said fund shall be nonreverting and funded by contributions and donations.

(b)

All contributions and donations shall be deposited at least once each month with the clerk-treasurer.

(c)

Monies deposited in said fund shall be expended without appropriation subject to the disbursement on approved claims allowed by the board of public works and safety. Monies shall be used for the purpose(s) stipulated by the donor or contributor. In the event that the donor or contributor does not stipulate the use of the monies, such monies may be expended for any fire department training or equipment.

(a)

Definitions. For purposes of this section, the following terms and phrases shall have their corresponding meanings:

(1)

The term "city" shall mean and refer to the City of Lake Station, Indiana.

(2)

The term "person" shall mean and refer to any human being, corporation, partnership, limited liability company, limited liability partnership, association, joint venture, any other legal entity, and to any applicable definition as set forth in Indiana Code § 13-11-2-158, which is incorporated by reference herein.

(3)

The term "fire department" shall mean and refer to the fire department of the city.

(4)

The phrase "hazardous material" shall mean and refer to materials described as at Indiana Code § 13-11-2-96, which is incorporated herein by reference.

(5)

The phrase "hazardous materials emergency" shall mean and refer to an occurrence that involves the uncontrolled release or imminent uncontrolled release of a hazardous material into the environment, which creates the possibility of harm to human life, property, or the environment.

(6)

The phrase "responsible party" shall mean and refer to a person who owns hazardous material that is involved in a hazardous materials emergency, or a person who owns a container or owns or operates a vehicle that contains hazardous material that is involved in a hazardous materials emergency, and who causes or substantially contributes to the cause of the hazardous materials emergency.

(7)

The phrase "clerk-treasurer" shall mean and refer to the clerk-treasurer of the city.

(8)

The phrase "legal department" shall mean and refer to the legal department of the city.

(9)

The term "volunteer" shall mean and refer to a member of the Lake Station Volunteer Fire Company.

(b)

Designations. The fire department is hereby designated the emergency response agency for the city pursuant to Indiana Code § 13-11-2-66, and the city fire chief or his designee is hereby designated the city's hazardous material coordinator.

(c)

Reimbursement of fees and expenses. A responsible party who causes or suffers a hazardous materials emergency to which the fire department responds, shall, within thirty (30) days after invoicing, pay the city an amount equal to the sum of the following:

(1)

For responses calls within the boundaries of the city, the sum of two hundred fifty dollars ($250.00) for each hour or any part of an hour a fire department vehicle responds;

(2)

For response calls outside the boundaries of the city, the sum of three hundred dollars ($300.00) for each hour or any part of an hour a fire department vehicle responds;

(3)

The replacement value of any fire department or city equipment used and returned, used and discarded, damaged, lost, spent, destroyed, or rendered unrepairable, broken, or unusable as a result of such response;

(4)

The costs of any medical treatment, and/or medical evaluation of any city employee, whether full or part-time, who may be injured, contaminated, or toxically exposed during such response;

(5)

The costs of any medical treatment, and/or medical evaluation of any volunteer who may be injured, contaminated, or toxically exposed during such response; and

(6)

An amount equal to the wages for all man hours (or fractions thereof) involved in such response at the appropriate rate of pay for each person, employee, or volunteer responding, including without limitation, any overtime pay due or earned.

(d)

Collection of fees and expenses. The hazardous material coordinator shall promptly compute the fees and expenses to be collected from a responsible party pursuant to this section, and deliver an itemized invoice therefor to the clerk-treasurer, who shall thereupon notify the responsible party and demand immediate payment. On-going expenses, if any, shall be invoiced as the same are incurred. In the event of nonpayment by the responsible party within thirty (30) days following demand, the matter shall be referred by the clerk-treasurer to the legal department for collection.

(e)

Nonreverting fund. A special nonreverting fund is hereby established which shall be known as the "hazardous materials nonreverting fund" ("the fund"). All funds, monies, expenses, or fees received or recovered from any responsible party pursuant to this section shall be promptly deposited in the fund. Fund monies may be expended for reimbursement of expenses incurred in responding to hazardous materials emergencies, and for the purchase of equipment, supplies, materials, or improvements for the fire department and for such other city departments as may be involved in or as may respond to any hazardous materials emergency. Monies from the fund shall accumulate, and shall not revert to the general fund of the city.

(Ord. No. 99-17, §§ 1—4, 11-11-99)

(a)

A nonreverting cumulative fund for the repair, improvement, operation, and maintenance of the civic center (hereinafter, "the fund") is hereby established.

(b)

The fund shall consist of (1) funds raised by and granted to the city for the purposes of the fund, and (2) any appropriation made from the general fund of the city or of taxes levied by the common council for the purposes for which the fund is allowed to be used.

(c)

The monies accumulated in the fund may only be used for the repair, improvement, operation, and maintenance of the civic center.

(Ord. No. 2000-34, §§ 1—3, 10-23-2000)

The city hereby establishes a non-reverting cumulative fund for the purpose of purchasing police equipment and training:

(1)

A non-reverting cumulative fund for the purchase of police equipment and training is hereby established.

(2)

The fund shall consist of fees collected for non-compliance of the front seat passenger restraint ordinance.

(3)

The funds accumulated in this account may only be used for the purchase of police equipment or training.

(Ord. No. 2002-03, §§ 1—4, 7-18-2002)

It shall be the policy of the City of Lake Station to provide, within constitutional limitation, for fair housing throughout its corporate limits as provided for under the federal Civil Rights Act of 1968, as amended, the federal Housing and Community Development Act of 1974, as amended, and Indiana Code 22-9.5-1 et seq.

(Ord. No. 2014-02, § 1, 2-20-14)

The definitions set forth in this Section shall apply throughout this Article:

An aggrieved person includes any person who (I.C. 22-9.5-2-2):

(1)

Claims to have been injured by a discriminatory housing practice; or

(2)

Believes that such person will be injured by a discriminatory housing practice that is about to occur.

Commission (I.C. 22-9.5-2-3) means the Indiana Civil Rights Commission created pursuant to I.C. 22-9-1-4, et seq.

Complainant (I.C. 22-9.5-2-4) means a person, including the commission, who files a complaint under I.C. 22-9.5-6.

Discriminatory housing practice means an act that is unlawful under Sections 2-84, 2-85, 2-86, 2-87 or 2-88 of this Article or I.C. 22-9.5-5.

Dwelling means any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one (1) or more families; or any vacant land which is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as a residence by one (1) or more families (I.C. 22-9.5-2-8).

Familial status means one (1) or more individuals who have not attained the age of eighteen (18) years being domiciled with a parent or another person having legal custody of such individual or the written permission of such parent or other person.

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years.

Family includes a single individual (I.C. 22-9.5-2-9), with the status of such family being further defined by "familial status" in this Section.

Handicap means, with respect to a person:

(1)

A physical or mental impairment which substantially limits one (1) or more of such person's major life activities.

(2)

A record of having such an impairment, or

(3)

Being regarded as having such an impairment,

(4)

An impairment described or defined pursuant to the federal Americans with Disabilities Act of 1990.

(5)

Any other impairment defined under I.C. 22-9.5-2-10.

The term 'handicap' shall not include current illegal use of or addictions to a controlled substance as defined in Section 802 of Title 21 of the United States Code (I.C. 22-9.5-2-10(b); nor does the term 'handicap' include an individual solely because that individual is a transvestite (I.C. 22-9.5-2-10(c).

Person (I.C. 22-9.5-2-11), includes one (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, non-incorporated organizations, trustees, trustees in cases under Title 11 of the United States Code, receivers, and fiduciaries.

To rent (I.C. 22-9.5-2-13), includes to lease, to sublease, to let and otherwise to grant for a consideration the rights to occupy the premises owned by the occupant.

(Ord. No. 2014-02, § 2, 2-20-14)

Subject to the provisions of subsection (2) of this Section, Section 2-89 of this Article and Title 22-9.5-3 of Indiana Code, the prohibitions against discrimination in the sale or rental of housing set forth Title 22-9.5-5-1 of Indiana Code and in Section 2-84 of this Article shall apply to:

(1)

All dwellings except as exempted by subsection (2) and Title 22-9.5-3 of Indiana Code.

(2)

Other than the provisions of subsection (3) of this Section, nothing in Section 2-84 shall apply to:

a.

Any single-family house sold or rented by an owner where the private individual owner does not own more than three (3) such single-family houses at any one (1) time; provided that in the sale of such single family house by a private individual owner not residing in the house at the time of sale or exemption shall apply only to one (1) such sale within any twenty-four (24) month period. The private individual owner may not own any interest in, nor have owned or reserved on his behalf, title to or any right to all or a portion of the proceeds from the sale or rental of more than three (3) such single-family houses at any one (1) time. The sale or rental of any such single family house shall be exempted from application of this section only if such house is sold or rented:

1.

Without the use in any manner of the sales or rental facilities or services of any real estate broker, agent or salesman, or any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent or salesman, or person and

2.

Without the publication, posting or mailing, after notice of advertisement or written notice in violation of Section 2-84(3) of this Article, but noting in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies and other such professional assistance as necessary to perfect or transfer this title, or

b.

Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one (1) of such living quarters as his residence.

(3)

For the purposes of subsection (2), a person shall be deemed to be in the business of selling or renting dwellings if:

a.

They have, within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein, or

b.

They have, within the preceding twelve (12) months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein, or

c.

They are the owner of any dwelling unit designed or intended for occupancy by, or occupied by, five (5) or more families.

(Ord. No. 2014-02, § 3, 2-20-14)

As made applicable by Section 2-83 and except as exempted by Section 2-83(2) and 2-89, it shall be unlawful:

(1)

To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, handicap, familial status or national origin.

(2)

To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services of facilities in connection therewith, because of race, color, religion, sex, handicap, familial status or national origin.

(3)

To make, print, or publish, or cause to be made, printed, or published any notice, statement or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention to make any such preference, limitation or discrimination.

(4)

To represent to any person because of race, color, religion, sex, handicap, familial status or national origin that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.

(5)

For profit, to induce or attempt to induct any person to sell or rent any dwelling by representations regarding the entry or perspective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, handicap, familial status or national origin.

(6)

To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of:

a.

That buyer or renter;

b.

A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

c.

Any person associated with that person.

(7)

To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of:

a.

That person; or

b.

A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

c.

Any person associated with that person.

(8)

For purposes of this subsection, discrimination includes:

a.

A refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modifications, reasonable wear and tear excepted;

b.

A refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or

c.

In connection with the design and construction of covered multi-family dwellings for first occupancy after the date that is thirty (30) months after September 13, 1998, a failure to design and construct those dwellings in such a manner that;

1.

The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;

2.

All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and

3.

All premises within such dwellings contain the following features of adaptive design:

i.

An accessible route into and through the dwelling;

ii.

Light, switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

iii.

Reinforcements in bathrooms such that an individual in a wheelchair can maneuver about the space.

Compliance with the appropriate requirement Americans with Disabilities Act of 1990 and of the American National Standard for Buildings and Facilities providing accessibility an usability for physically handicapped people (commonly cited as ANSI A117.1") suffices to satisfy the requirements of paragraph (c)(3)(iii).

Nothing in this subsection requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health of safety of other individuals of whose tenancy would result in substantial physical damage to the property of others.

(Ord. No. 2014-02, § 4, 2-20-14)

(a)

It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, or national origin.

(b)

As used in this section, the term residential real estate-related transaction means any of the following:

(1)

The making or purchasing of loans or providing other financial assistance:

a.

For purchasing, constructing, improving, repairing, or maintaining a dwelling; or

b.

Secured by residential real estate.

(2)

The selling, brokering, or appraising of residential real property.

(c)

Nothing in this Article prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, handicap, or familial status.

(Ord. No. 2014-02, § 5, 2-20-14)

It shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, handicap, familial status or national origin.

(Ord. No. 2014-02, § 6, 2-20-14)

It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by sections 2-83, 2-84, 2-85 or 2-86 of this Article.

(Ord. No. 2014-02, § 7, 2-20-14)

Whoever, whether or not acting under code or law, by force or threat of force willfully injures, intimidates or interferes with, or attempt to injure, intimidate or interfere with:

(1)

Any person because of his race, color, religion, sex, handicap, familial status, or national origin and because he is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings; or

(2)

Any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from:

a.

Participating, without discrimination on account of race, color, religion, sex, handicap, familial status, or national origin, in any of the activities, services, organizations or facilities described in subsection (1); or

b.

Affording another person or class of persons opportunity or protection so to participate; or

(3)

Any citizen because he is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, handicap, familial status, or national origin, in any of the activities, services, organizations or facilities described in subsection (1), or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to participate shall be fined according to local, state and federal law; and if bodily injury results shall be fined not more than ten thousand dollars ($10,000.00) or imprisoned not more than ten (10) years, or both; and if death results shall be subject to imprisonment for any term of years or for life.

(Ord. No. 2014-02, § 8, 2-20-14)

Pursuant to 24 CFR Part 5.403 and 24 CFR Part 574.3 the definition of "family" is revised to include families regardless of the actual or perceived sexual orientation, gender identity, or marital status of its members.

(Ord. No. 2014-02, § 9, 2-20-14)

(a)

Exemptions defined or set forth under Title 22-9.5-3 et seq. of Indiana Code shall be exempt from the provisions of this Article to include those activities or organizations set forth under subsections (b) and (c) of this Section.

(b)

Nothing in this Article shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color or national origin. Nor shall anything in this Article prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodging to its members or from giving preference to its members.

(c)

Nothing in this Article regarding familial status shall apply with respect to housing for older persons. As used in this Section, 'housing for older persons' means housing:

(1)

Provided under any state or federal program that the Secretary of the Federal Department of Housing and Urban Development or the state civil rights commission determines is specifically designed and operated to assist elderly person (as defined in the state or federal program) or

(2)

Intended for, and solely occupied by, person sixty-two (62) years of age or older; or

(3)

Intended and operated for occupancy by at least one (1) person fifty-five (55) years of age or older per unit.

(Ord. No. 2014-02, § 10, 2-20-14)

(a)

The authority and responsibility for properly administering this Article and referral of complaints hereunder to the commissioner as set forth in subsection (b) hereof shall be vested in the Chief Elected Official or his designee of the City of Lake Station, Indiana.

(b)

Notwithstanding the provisions of I.C. 22-9.5-4-8, the Lake Station, Indiana, because of lack of financial and other resources necessary to fully administer enforcement proceedings and possible civil actions under the Article, herein elects to refer all formal complaints of violation of the sections of this Article by complainants to the Indiana Civil Rights Commission for administrative enforcement actions pursuant to Title 22-9.5-6 of Indiana Code and the Chief Elected Official of the City of Lake Station, Indiana, shall refer all said complaints to the commission as provided for under subsection (a) of this Section to said commission for purposes of investigation, resolution and appropriate relief as provided for under Title 22-9.5-6 of Indiana Code.

(c)

All executive departments and agencies of the City of Lake Station, Indiana shall administer their departments, programs and activities relating to housing and urban development in a manner affirmatively to further the purposes of this Article and shall cooperate with the Chief Elected Official and the commission to further such purposes.

(d)

The Chief Elected Official of the City of Lake Station, Indiana, or the Chief Elected Official's designee, shall provide information on remedies available to any aggrieved person or complainant requesting such information.

(Ord. No. 2014-02, § 11, 2-20-14)

If any provision of this Article or the application thereof to any person or circumstances shall be determined to be invalid, the remainder of the Article and the application of its provisions to other persons not similarly situated or to other circumstances shall not be affected thereby.

(Ord. No. 2014-02, § 12, 2-20-14)

(a)

The economic development commission is organized pursuant to I.C. 36-7-12-1 et seq.

(b)

The commissioners' duties and responsibilities are contained in the local government code and the several statutes of the State of Indiana.

(Ord. No. 84-5, § 1A, 5, 3-1-84)

(a)

The common council hereby establishes the department of redevelopment of the city, pursuant to I.C. 36-7-14 (the act).

(b)

The department will be controlled by a board of five (5) members known as the Lake Station Development Commission.

(c)

Pursuant to the act all of the territory within the corporate boundaries of the city will be a taxing district to be known as the redevelopment district of the City of Lake Station for the purpose of levying and collecting special benefit taxes for redevelopment purposes as provided in the act. All of the taxable property within this special taxing district will be considered to be benefited by the redevelopment projects and economic development projects carried out under the act to the extent of the special taxes levied under the act.

(Ord. No. 91-17, §§ 2, 3, 8-15-91)

Editor's note— Ord. No. 91-17, §§ 2, 3, adopted Aug. 15, 1991, enacted provisions establishing a department of redevelopment; designating a redevelopment commission, and describing a redevelopment taxing district. Such provisions did not specify manner of codification, but have been included by the editor as § 2-37.5.

(a)

Creation. The building department, as established in section 2-25 of this Code, is governed by I.C. 36-7-9-1 et seq., and the several statutes of the State of Indiana.

(b)

Hearing authority. The building department hearing authority shall consist of three (3) members who shall serve as follows:

(1)

President: Who shall be a member of the common council and shall be appointed by the mayor.

(2)

Members: One (1) who shall be appointed by the mayor, and one (1) of whom shall be a member of the common council.

(c)

Enforcement authority: The building department enforcement authority shall be the chief administrative officer of the department; and shall be appointed by the mayor.

(d)

Employees: The building department's employees may include but not be limited to: Building inspector, electrical inspector, plumbing inspector, sewer inspector, heating and air conditioning inspector, code enforcement officer, and secretary.

(e)

Salaries: The building department's authorities, officers, and employees shall be compensated in accordance with the ordinance commonly known as the "salary ordinance" as amended, and currently in effect. Such compensation shall be limited by the ordinance commonly known as the "budget ordinance" as amended and currently in effect.

(Ord. No. 86-4, §§ A—D, 3-1-84)

There shall be a Police Pension Board of Trustees to be organized to perform certain duties prescribed by I.C. 36-8-6-1 et seq. (1925 Fund), and I.C. 36-8-8-1 et seq. (1977 Fund), with regard to the statutory pensions of police officers.

(Ord. No. 84-5, § 1 E, 3-1-84)

(a)

Establishment of police reserves. Pursuant to I.C. 36-8-3-20, authority is granted for the appointment of up to fifteen (15) reserve police officers to assist the Lake Station Police Department in the performance of official law enforcement duties on behalf of the City of Lake Station, Indiana.

(b)

Appointment. Reserve Police Officers of the Lake Station Police Department shall be appointed by the same authority that appoints regular members of the department.

(c)

Rules and regulations. The police chief, with the approval of the board of public works and safety, may adopt rules governing reserve police officers.

(d)

Qualifications and duties. Reserve police officers have all of the same police powers as regular members of the Lake Station Police Department, except as limited by the rules of the department adopted pursuant to subsection (c) above. Reserve police officers may not be appointed until they have completed the training and probationary period specified by the rules adopted pursuant to subsection (c).

(e)

Compensation and benefits. To the extent that sums may be appropriated by the city, reserve police officers may receive uniform, travel, meal, or expense allowances or reimbursements and may be insured for accident coverage. Reserve police officers may be issued or assigned department uniforms or equipment. Reserve police officers are not eligible to participate in any pension program provided for the regular members of the department.

(Ord. No. 93-07, §§ 1—5, 6-3-93)

Editor's note— Ord. No. 93-07, §§ 1—5, adopted June 3, 1993, provided for the establishment and operation of reserve police officers. Such provisions have been designated by the editor as § 2-40.

Cross reference— Police department under control of board of public works and safety, § 2-15.

(a)

Within sixty (60) days after the adoption of an ordinance or resolution establishing a merit system, the Lake Station City Council shall give at least three (3) weeks' notice to all active members of the police department that a meeting will be held to approve or reject the merit system. The notice shall be given by posting it in prominent places in all stations of the police department. The notice must designate the time, place, and purpose of the meeting.

(b)

A dopy of the ordinance or resolution shall be distributed to each active member of the police department at least one (1) week before the date of the meeting.

(c)

Only active members of the police department may attend the meeting, and at the meeting one (1) of them shall be selected as chairman. All voting must be by secret written ballot. The other procedures for holding the meeting may be determined by the safety board and shall be posted in accordance with subsection (a).

(d)

If a majority of the active members of the police department vote to approve the merit system, the merit system takes effect immediately following the vote. Appointments to the merit board shall be made within sixty (60) days following the vote.

(e)

If a majority of the active members of the police department vote to reject the merit system, another proposal may not be put to a vote within one (1) year after the day the meeting is held.

( Ord. No. 2016-01 , § 1, 1-7-2016)

(a)

A merit board consisting of five (5) commissioners shall be established for the Police Department of Lake Station. The commissioners are:

(1)

Two (2) persons, who must be of different political parties, appointed by the Mayor of Lake Station;

(2)

One (1) person appointed by the Lake Station City Council; and

(3)

Two (2) persons, who must be of different political parties, elected by the active members of the Lake Station Police Department.

Notwithstanding I.C. 36-1-8-10, political affiliation shall be determined through the voters' registration records of the three (3) most recent primary elections.

(b)

Each commissioner must have been a legal resident of Lake Station for three (3) consecutive years immediately preceding the commissioner's term and must be a person of good moral character. The Lake Station City Council may, upon the recommendation of the board of public works, determine a per diem to be paid to each commissioner for each day of actual service for the merit board. A commissioner must be at least twenty-one (21) years of age. A commissioner may not be an active member of the police department and not more than two (2) of the commissioners may be past members of the police department. In addition, a person may not serve on the merit board if the person receives any remuneration as salary from the police department.

(c)

Each commissioner shall take an oath of office to conscientiously discharge the commissioner's duties. A signed copy of the oath shall be filed with the safety board.

( Ord. No. 2016-01 , § 2, 1-7-2016)

(a)

The term of a commissioner is four (4) years. However, one (1) of the mayor's initial selections and one (1) of the police department's initial selections are for terms of two (2) years.

(b)

A vacancy on the merit board shall be filled within thirty (30) days by the appointing or electing authority. The selection is for the remainder of the unexpired term.

(c)

A commissioner serves at the pleasure of the appointing or electing authority and may be removed at any time. In the case of a commissioner elected by the police department, the board of public works shall call a meeting of the active members of the police department under the procedures specified in section two (2) of this chapter if a recall petition signed by a majority of the active members is submitted to the board.

( Ord. No. 2016-01 , § 3, 1-7-2016)

(a)

An election to be made by the active members of the police department shall be made at a meeting called specifically for that purpose by the board of public works. The board shall give at least three (3) weeks' notice of the meeting to all active members of the police department by posting the notice in prominent locations in stations of the police department. The notice shall also be read during shift roll calls. The notice must designate the time, place, and purpose of the meeting.

(b)

Only active members of the police department may attend the meeting, and at the meeting one (1) of them shall be selected as chairman. All voting must be by secret written ballot, which shall be tallied in the presence of the mayor, one (1) council member and one (1) patrolman. The other procedures for holding the meeting may be determined by the city council and shall be posted in accordance with subsection (a).

( Ord. No. 2016-01 , § 4, 1-7-2016)

(a)

Within thirty (30) days after the merit board is selected, the merit board shall adopt rules to govern the merit board, including the time and place of regular monthly meetings and special meetings that are necessary to transact the business of the merit board. A majority of the commissioners constitutes a quorum, and a majority vote of all the commissioners is necessary to transact the business of the merit board. Each year the commissioners shall select from among their number a president, vice president, and secretary. The merit board shall keep a permanent record of its proceedings.

(b)

The merit board shall submit a proposed annual budget to the unit as other budgets of the unit are submitted. The Lake Station City Council shall include in its budget an amount sufficient for the necessary expenses of the merit board.

( Ord. No. 2016-01 , § 5, 1-7-2016)

(a)

Within ninety (90) days after the merit board is selected, the merit board shall adopt rules governing:

(1)

Promotions and demotions of members of the police department; and

(2)

Disciplinary action or dismissal of members of the police department.

(b)

Before the rules required by this chapter are adopted by the merit board, the merit board must hold a public hearing to consider the adoption of the proposed rules. At least ten (10) days before the public hearing, the merit board must have a notice of the hearing published in accordance with I.C. 5-3-1. The notice must state the time and place of the hearing and give briefly the subject matter of the proposed rules.

(c)

At least ten (10) days before the hearing, one (1) copy of the proposed rules must be placed on file in the office of the city clerk.

(d)

At least ten (10) days before the hearing, three (3) copies of the proposed rules must be forwarded to the chief of the police department and retained on file in the chief's office for inspection at all times by members of the police department.

(e)

At the hearing, any interested person of the unit and any member of the police department must be afforded an opportunity to present both oral and written evidence on any matter relating to the adoption of the proposed rules. The merit board shall give due consideration to this evidence in making its final decision-concerning the adoption of the proposed rules.

( Ord. No. 2016-01 , § 6, 1-7-2016; Ord. No. 2020-18 , 8-13-2020)

(a)

The merit board may remove members of the police department, except for a member in an upper level policymaking position. The Mayor of Lake Station shall appoint and may remove a member in an upper level policymaking position.

(b)

To be appointed chief or deputy chief of the police department, an applicant must meet the qualifications in I.C. 36-8-4-6.5.

(c)

The removal of a member from an upper level policymaking position is removal from rank only and not from the police department. When the member is removed, he/she shall be appointed by the merit board to the rank in the police department that he/she held at the time of his/her upper level appointment or to any rank to which he/she had been promoted during his/her tenure in the upper level position. If such a rank is not open in either case, the member is entitled to the pay of that rank and shall be promoted to that rank as soon as an opening is available.

( Ord. No. 2016-01 , § 7, 1-7-2016; Ord. No. 2020-18 , 8-13-2020)

Editor's note— Ord. No. 2020-18 , adopted Aug. 13, 2020, deleted § 2-48, which pertained to police department members; appointment; qualifications; application; general aptitude test; ratings; eligibility list; vacancies; physical agility test; probation and derived from Ord. No. 2016-01 , § 8, 1-7-2016.

(a)

Rules governing promotions must provide that the following factors be considered in rating a member of the police department for a promotion:

(1)

The score received by the member on a written competitive examination.

(2)

The score received by the member on an oral competitive interview.

(3)

The performance record of the member in the police department.

(4)

The member's length of service.

The merit board shall determine the weight to be given to each of the factors. However, neither a member's length of service nor the score received on the oral interview may comprise more than twenty (20) percent each of the rating.

(b)

Promotions to a rank must be from the next lower rank. In addition, the member being promoted must have served of the lower rank for a period determined by the merit board.

(c)

Only members who are qualified in rank and length of service may be given the competitive examinations and placed on an eligibility list. The eligibility list for a position consists of members who have been placed on the list in order of their cumulative score on all rating factors. The eligibility list shall be maintained for two (2) years from the date of certification, after which time the list shall be retired and a new list established. The retired list shall be kept for five (5) years and then destroyed.

( Ord. No. 2016-01 , § 9, 1-7-2016)

(a)

Before a written competitive examination may be held to fill a current or expected vacancy in the ranks, the members eligible to take the examination must be notified of the written materials from which the questions will be taken. The merit board may employ instructors, purchase materials, and make other expenditures to provide information for applicants for promotion examinations.

(b)

The identity of a member taking the written examination shall be withheld from the person or persons grading the examination, and all written examinations are confidential. The merit board shall notify each member in writing of the score that the member received on the examination. The score received by a member on the written examination becomes a part of the permanent file of the member, and the member is entitled to access to this file for examination at any time.

(c)

The examination papers shall be kept under the merit board's supervision. A member who is aggrieved with the score received on the written examination may appeal to the merit board for review of the score. The appeal must be filed within ten (10) days after notice of the score has been sent to him/her. He/She may review the questions incorrectly answered by him/her and challenge the answer considered correct by the examiner. The merit board shall either affirm the score or correct the score according to the findings of a review. The examination papers shall be retired after the two (2) year period during which the eligibility list is valid. The retired papers shall be kept for five (5) years and then destroyed.

( Ord. No. 2016-01 , § 10, 1-7-2016)

(a)

The merit board shall adopt rules for determining a performance rating. The rules must require that a performance rating be made at least once every six (6) months for each member of the police department, including probationary members. The rating shall be made by one (1) or more of the member's superiors, as defined in the merit board's rules. Probationary members shall be rated in the same manner as other members of the police department. The ratings shall be submitted to the chief of the police department and kept on file in his/her office under his/her supervision. The chief shall notify each member in writing of the rating that the member received.

(b)

A member who is aggrieved with the performance rating given by his/her superior may appeal to the merit board for a review of the rating. The appeal must be filed within ten (10) days after notice of the rating has been sent to the member. The merit board shall either affirm or correct the rating.

( Ord. No. 2016-01 , § 11, 1-7-2016)

(a)

When a vacancy in rank occurs, the merit board shall certify to the chief of the police department the three (3) members with the highest scores on the eligibility list for that particular rank. Within six (6) months the merit board, upon the recommendation of the chief, shall promote one (1) of those members to fill the vacant position.

(b)

All promotions are probationary for a period not to exceed one (1) year. At the end of the period, a probationary member's superior shall review the member's performance and recommend to the merit board that:

(1)

The promotion be made permanent; or

(2)

The promotion be revoked.

(c)

The merit board shall prepare a rating chart for the superior's use in making the report. The merit board shall review the report and decide what action should be taken. The probationary member is entitled to appear before the merit board and be heard on any matter detrimental to the member in his/her superior's report. He/She is also entitled to be represented by counsel or another representative of his/her choice. If the promotion is finally revoked the member may not be returned to a rank lower than that he/she held before the probationary promotion.

(d)

Actions by the merit board other than making the promotion permanent may be appealed within thirty (30) days to the circuit or superior court of the county, with the unit being named as the sole defendant.

( Ord. No. 2016-01 , § 12, 1-7-2016)

(a)

The merit board may take the following disciplinary actions against a regular member of the police department:

(1)

Suspension with or without pay.

(2)

Demotion.

(3)

Dismissal.

If a member is suspended under this subsection, the member is entitled to the member's remuneration and allowances for insurance benefits to which the member was entitled before the suspension. In addition, the local unit may provide the member's allowances for any other fringe benefits to which the member was entitled before the suspension. The merit board shall determine if a member of the police department who is suspended in excess of five (5) days shall continue to receive the member's salary during suspension.

(b)

A member may be disciplined by the merit board if:

(1)

The member is convicted of a crime; or

(2)

The merit board finds the member guilty of a breach of discipline, including:

(A)

Neglect of duty;

(B)

Violation of merit board rules;

(C)

Neglect or disobedience of orders;

(D)

Continuing incapacity;

(E)

Absence without leave;

(F)

Immoral conduct;

(G)

Conduct injurious to the public peace or welfare;

(H)

Conduct unbecoming a member; or

(I)

Furnishing information to an applicant for appointment or promotion that gives that person an advantage over another applicant.

(c)

If the chief of the police department, after an investigation within the police department, prefers charges against a member of the police department for an alleged breach of discipline under subsection (b), including any civilian complaint of an alleged breach of discipline under subsection (b)(2)(F), (b)(2)(G), or (b)(2)(H), a hearing shall be conducted upon the request of the member. If a hearing is requested within five (5) days of the chief preferring charges, the parties may by agreement designate a hearing officer who is qualified by education, training, or experience. If the parties do not agree within this five (5) day period, the merit board may hold the hearing or designate a person or board to conduct the hearing, as provided in the merit board's rules. The designated person or board must be qualified by education, training, or experience to conduct such a hearing and may not hold an upper level policy making position. The hearing conducted under this subsection shall be held within thirty (30) days after it is requested by the member.

(d)

Written notice of the hearing shall be served upon the accused 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 state:

(1)

The time and place of the hearing;

(2)

The charges against the member;

(3)

The specific conduct that comprises the charges;

(4)

That the member is entitled to be represented by counsel or another representative of the member's choice;

(5)

That the member is entitled to call and cross-examine witnesses;

(6)

That the member is entitled to require the production of evidence; and

(7)

That the member is entitled to have subpoenas issued, served, and executed.

(e)

The merit board may:

(1)

Compel the attendance of witnesses by issuing subpoenas;

(2)

Examine witnesses under oath; and

(3)

Order the production of books, papers, and other evidence by issuing subpoenas.

(f)

If a witness refuses to appear at a hearing of the merit board after having received written notice requiring the witness's attendance, or refuses to produce evidence that the merit board requests by written notice, the merit board may file an affidavit in the circuit court of the county setting forth the facts of the refusal. Upon the filing of the affidavit, a summons shall be issued from the circuit court and served by the sheriff of the county requiring the appearance of the witness or the production of information or evidence to the merit board.

(g)

Disobedience of a summons constitutes contempt of the circuit court from which the summons has been issued. Expenses related to the filing of an affidavit and the issuance and service of a summons shall be charged to the witness against whom the summons has been issued, unless the circuit court finds that the action of the witness was taken in good faith and with reasonable cause. In that case, and in any case in which an affidavit has been filed without the issuance of a summons, the expenses shall be charged to the merit board.

(h)

A decision to discipline a member may be made only if the preponderance of the evidence presented at the hearing indicates such a course of action.

(i)

A member who is aggrieved by the decision of a person or board designated to conduct a disciplinary hearing under subsection (c) may appeal to the merit board within ten (10) days of the decision. The merit board shall on appeal review the record and either affirm, modify, or reverse the decision on the basis of the record and such oral or written testimony that the merit board determines, including additional or newly discovered evidence.

(j)

The merit board, or the designated person or board, shall keep a record of the proceedings in cases of suspension, demotion, or dismissal. The merit board shall give a free copy of the transcript to the member upon request if an appeal is filed.

( Ord. No. 2016-01 , § 13, 1-7-2016)

(a)

A member who is aggrieved by a decision of the merit board to suspend him/her for a period greater than ten (10) calendar days, demote him/her, or dismiss him/her may appeal to the circuit or superior court of the county in which the unit is located.

(b)

The appeal shall be made according to the Indiana Rules of Trial Procedure with the following exceptions:

(1)

The verified appeal must be filed within thirty (30) days after the date of the board's decision.

(2)

The unit shall be named as the sole defendant.

(3)

The unit is assumed to have denied the allegations without filing a responsive pleading.

(4)

The plaintiff must file a bond at the time of filing the complaint conditioned on the plaintiff prosecuting the appeal to a final determination and paying the court costs incurred in the appeal.

(5)

Within thirty (30) days after the service of summons the merit board shall file in court a complete transcript of all papers, entries, and other parts of the record relating to the case.

(c)

The appeal takes precedence over other litigation pending before the court.

( Ord. No. 2016-01 , § 14, 1-7-2016)

(a)

In addition to the disciplinary powers of the merit board, the chief of the police 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, he/she shall, within forty-eight (48) hours, notify the merit board 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 merit board review the reprimand or suspension and either uphold or reverse the chief's decision. At its discretion, the merit board 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 2-48(5)(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.

( Ord. No. 2016-01 , § 15, 1-7-2016)

A member of the police department shall retire from the police department when the member reaches the member's seventieth birthday. However, a member of the police department who is seventy (70) years of age or older at the time the ordinance or resolution establishing the merit system takes effect may serve until the end of the calendar year.

( Ord. No. 2016-01 , § 16, 1-7-2016)

(a)

If it is necessary for the safety board to reduce the number of members of the police department, the reduction shall be made by granting a temporary leave of absence, without pay or financial obligation to the unit, 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 police department is increased in number again, the members of the police 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 police department. The reinstatements begin with the last member granted a leave.

(c)

A member on leave of absence shall keep the merit board advised of his/her current address. A member shall be informed of his/her reinstatement by written notice. Within ten (10) calendar days after a member receives notice of reinstatement, he/she must advise the merit board that he/she 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 his/her failure to accept reinstatement within that period.

( Ord. No. 2016-01 , § 17, 1-7-2016)

The police department shall print all rules of the merit board and furnish a copy to each member of the police department. Amendments to the rules take effect thirty (30) days after their adoption if copies have been furnished to all members of the police department within that period. Otherwise, they do not take effect until copies are furnished to all members of the police department.

( Ord. No. 2016-01 , § 18, 1-7-2016)

A commissioner who knowingly furnishes information to an applicant for original appointment or to a member eligible for promotion that gives that person an advantage over another person commits a Level 6 felony.

( Ord. No. 2016-01 , § 19, 1-7-2016)