UPDATE TO MEMBERS~Merit Ordinance Proposal
February 23, 2016
Greetings,
This is an update regarding the latest proposed amendments to the local police merit ordinance.
On Wednesday 02/17/16, Proposal 83 was heard by the Public Safety and Criminal Justice committee. A motion was made to postpone the proposal to better consider the full legal issues involved with the amendments, but the motion failed for lack of a majority due to a tied vote. After lengthy debate the proposal passed out of the committee to the full City County Council and it is scheduled to be heard and voted upon Monday 02/29/16 at 7 pm.
The key points within the amendments are as follows:
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Change the Merit Board make up from 7 members to 9 members, with the Mayor and the active members of the department each picking up an appointed member;
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Instituting a term limit on members of the Merit Board so that no member may serve for more than two (2) consecutive four (4) year terms;
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In the event of a tie vote, the recommendation of the chief shall be deemed adopted by the board;
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Incorporate the 80/20 provision (for purposes of hiring only) so that the chief would fill vacancies from the eligibility list by proceeding down the list in order for the first eighty percent (80%) and then fill the remaining twenty percent (20%) of vacancies by selecting any person remaining on the final eligibility list (provided the person resides within the department’s service district);
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Other technical amendments which clean up existing language in the ordinance.
The FOP spoke at the committee hearing and encouraged the proposal to be postponed so the legalities of the proposal could be further examined (with a specific focus on the board make up). The goal of the postponement was to avoid potential future unintended legal consequences and to seek clarification on the role of the state merit statute as it relates to the local ordinance and vice versa.
In addition, it was noted on the record by the Chief of Police, Troy Riggs, that he had not had the opportunity to fully review the proposal as he had only received it the day before the hearing. The Chief also explained he would like the opportunity to hear from his active members of the department regarding the proposed amendments. Equally concerning was the sponsor of the proposal acknowledged he had not sought the input of the merit board on this matter either.
Notwithstanding these reasonable points of concern, the committee voted along party lines (6-4) to pass the proposal to the full council for consideration. Again the proposal is scheduled to be heard next Monday 2/29/16 at 7 pm in the Public Assembly Room.
In the interim, your FOP continues to work in consultation with our legal team as they continue their analysis. Our goal is to avoid costly legal action if at all possible. Unfortunately, the Mayor has relayed to the Council that he will sign the proposal into law if it reaches his desk as proposed. Therefore, we are continuing our efforts to simply get this action paused to seek legal clarification to ensure compliance with state mandates.
Since last year, our FOP leadership has worked in consultation with the Executive Board and our FOP Labor Management Committee has been asked to actively monitor this matter while we have continued to share our concerns with departmental leaders and elected officials (past and current).
We will provide additional updates as warranted. In the interim, we ask members to contact the FOP with any questions, thoughts or concerns to ensure our organization speaks with a unified voice as we move forward.
We firmly believe merit laws exist for a reason and we will stand resolute in making sure the integrity of our merit system remains intact.
Please continue to monitor for additional updates on this matter.
Fraternally,
Rick Snyder, President
Public Safety Committee 2/17/16 Begins at 2:19:00 on the counter http://indianapolis.granicus.com/MediaPlayer.php?view_id=3&clip_id=14580 ]
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