Chapter 2.175
POLICE DEPARTMENT MERIT SYSTEM
Sections:
2.175.010 Establishment of Police Merit Commission.
2.175.020 Membership of commission.
2.175.030 Procedure of commission.
2.175.040 Rules and regulations.
2.175.050 Appointment and removal of Police Department members.
2.175.060 Performance ratings.
2.175.090 Probationary period after promotion.
2.175.100 Appointment to department – Requirements.
2.175.110 Probationary period.
2.175.120 Solicitation of favoritism.
2.175.130 Disciplinary action.
2.175.150 Reduction of department size.
2.175.170 Compensation of police.
2.175.200 Effect on prior laws.
Prior legislation: Ords. 94-7, 93-4, 92-17, 92-9, 91-21, 87-1 and 82-50. 1982 Code §§ 30.508, 30.509, 30.511 – 30.514, 30.519 and 30.521 – 30.528.
2.175.010 Establishment of Police Merit Commission.
There is established the Police Merit Commission. [Ord. G-82-50, passed 10-25-82. 1982 Code § 30.505; 1983 Code § 3.30.505.]
2.175.020 Membership of commission.
(A) The Police Merit Commission shall consist of three members who shall be resident voters of the County. One member shall be appointed by the Mayor, one member shall be appointed by the Common Council, and one member shall be appointed by the Police Department.
(B) No person shall serve as a member if he is a member of any law enforcement agency. No more than one of the appointed members of the commission shall have been a member of any law enforcement agency, such provision to include persons retired from any law enforcement agency. Members shall serve for a term of three years and until their successors have been appointed and qualified. The members of the commission, on the effective date of the ordinance codified in this chapter, shall serve their unexpired terms and until their successors shall have been appointed and qualified.
(C) The nomination to be made by the membership of the Police Department shall be made at the direction of the Board of Public Safety to the Fraternal Order of Police.
(1) The Fraternal Order of Police shall give at least one week’s notice of the vote to all active members of the Police Department by posting a notice in at least three prominent places in the central police station.
(a) “Active members” shall include all police officers of the Police Department, including probationary officers, but shall not include retired members of the department or civilian personnel.
(b) The notice shall designate the time, place, and purpose of the meeting.
(2) No one shall be entitled to be present at the meeting and exercise the right to vote unless he is an active member of the Police Department. Active members who are unable to attend the meeting may vote by written proxy; provided, that no active member present at any meeting shall be entitled to hold and to vote the proxy of more than one absent member.
(3) An active member of the Police Department shall be selected by the members to act as chairman of the meeting.
(4) Voting shall be by secret ballot and the person receiving the highest number of votes, including all proxy votes, shall be named as the nominee of the Police Department.
(D) A person shall be ineligible to serve as a member of the commission if he receives any remuneration for services from any public fund, other than the per diem compensation provided in this chapter. Every member appointed to the commission shall take and subscribe to an oath that he will conscientiously and faithfully discharge the duties of his office, which oath shall be filed with the board. The members of the commission shall receive a per diem compensation for each day of actual service in the amount to be fixed by the Common Council of the City of Evansville.
(E) Vacancies, for any cause, shall be filled by appointment in the same manner in which the member whose seat was vacated was appointed. The board may remove any member of the commission at any time for malfeasance, nonfeasance, or inability to serve. A member of the commission shall also be removed from the commission when he/she ceases to be a resident of Vanderburgh County.
(F) Two members of the commission shall constitute a quorum for the transaction of business. [Ord. G-2015-5 § 1; Ord. G-2008-36 §§ 1 – 3, passed 12-26-08; Ord. G-96-20, passed 11-18-96; Ord. G-87-39, passed 12-14-87; Ord. G-82-50, passed 10-25-82. 1982 Code § 30.506; 1983 Code § 3.30.506.]
2.175.030 Procedure of commission.
The Police Merit Commission shall establish rules and procedures for the government of the commission, including the time and place for the holding of regular monthly meetings and any special meetings necessary to transact business. A lawful transaction of the business of the commission requires a majority vote of the members. Each year, the commission shall select, from its members, a president, vice-president, and secretary. The commission shall make and keep a permanent record of its proceedings. [Ord. G-82-50, passed 10-25-82. 1982 Code § 30.507; 1983 Code § 3.30.507.]
2.175.040 Rules and regulations.
All rules and regulations shall be furnished to each member of the Police Department. Any amendments to these rules and regulations shall be made at least 30 days prior to the effective date thereof, and furnished to all members of the Police Department. [Ord. G-2008-36 § 4, passed 12-26-08; Ord. G-96-20, passed 11-18-96. 1983 Code § 3.30.508.]
2.175.050 Appointment and removal of Police Department members.
(A) The Police Merit Commission shall issue rules and regulations to govern the selection, appointment, reappointment, and reinstatement of persons to be employed as active members of the Police Department except for the ranks of Chief and Assistant Chief. The Mayor shall have the sole authority to appoint the Chief, and the Chief shall appoint the Assistant Chief.
(B) The commission shall appoint or remove any member of the Police Department, but the Mayor shall have the sole power of appointing and removing the Police Chief and the Police Chief shall have the sole power of appointing and removing the Assistant Chief. Appointments to the ranks of Chief and Assistant Chief shall be from the personnel of the department having at least six years of service in the department immediately prior to the appointment. The office of Superintendent of Police and the office of Chief of Police shall be considered the same office.
(C) Upon expiration of the term of the Chief or Assistant Chief of the Police Department, the person shall be appointed by the commission to the rank in the Police Department which that person held at the time of appointment as Chief or Assistant Chief of the department.
(D) In the event that the Chief or Assistant Chief of the department, during the person’s tenure of office as Chief or Assistant Chief of the department, have qualified in accordance with the promotional procedure, as prescribed by the commission in its rules and regulations, for any rank in the Police Department which is higher than the rank which the person held at the time of appointment as Chief or Assistant Police Chief, that person shall, upon expiration of the term as Chief or Assistant Police Chief, be appointed by the commission to the rank for which the person has qualified under the promotion procedure. [Ord. G-2000-13 § 1, passed 7-11-00; Ord. G-96-20, passed 11-18-96. 1983 Code § 3.30.509.]
2.175.060 Performance ratings.
(A) The Police Merit Commission shall issue rules and regulations to prescribe the manner of determining a rating for past performance. These rules and regulations shall contain a provision requiring that performance ratings shall be made every 12 months (from January 1st through December 31st) for each regular member of the Police Department.
(B) Probationary officers are rated as set out by the current procedures of the Field Training Officers Program. The Police Merit Commission shall interview the probationary officers at least one time during their probationary period and shall review all Field Training Program ratings at various intervals of the probationary period. The final evaluation is done at the completion of their training period. [Ord. G-2008-36 § 5, passed 12-26-08; Ord. G-96-20, passed 11-18-96. 1983 Code § 3.30.510.]
2.175.070 Rank designations.
The eight ranks of the Evansville Police Department are as follows:
(A) Police officer;
(B) Corporal;
(C) Sergeant;
(D) Lieutenant;
(E) Captain;
(F) Deputy Chief;
(G) Assistant Chief; and
(H) Chief. [Ord. G-2000-13 § 2, passed 7-11-00; Ord. G-96-20, passed 11-18-96. 1983 Code § 3.30.511.]
2.175.080 Promotions.
(A) Promotion Process.
(1) The commission shall issue regulations to govern promotions of members of the Police Department.
(2) There shall be written competitive examinations given for the purpose of filling any vacancies in the ranks. Only members of the Police Department who are qualified in rank and length of service, as provided in this chapter, shall compete in the promotion process and be placed on the promotion eligibility list by the grade received.
(3) The commission is authorized to purchase materials and equipment and allow other necessary expenditures for the purpose of instructing and testing members of the Police Department.
(B) Promotion Requirements.
(1) General Provision. Any regular member of the department in good standing at the time of the examination, who has attended the required number of promotional training sessions, satisfied the professional development requirements as set by this chapter, and met all other requirements listed in this chapter, may take the promotional examination for which the member is qualified by time in service.
(2) Time of Service.
(a) To take the examination for Corporal, a member must hold the rank of police officer for at least four years prior to the date of examination.
(b) To take the examination for Sergeant, a member must have at least six years with the department prior to the date of examination.
(c) To take the examination for Lieutenant, a member must hold the rank of Sergeant for at least two years.
(d) To take the examination for Captain, a member must hold the rank of Lieutenant for at least two years.
(e) To take the examination for Deputy Chief, a member must hold the rank of Captain for at least two years.
(3) No member demoted for cause may take a promotional examination within two years of the effective date of this demotion.
(4) A member under suspension pending a hearing, or in the process of appeal from the finding made at a hearing, may take a promotional examination, and the member’s right to a ranking on an eligibility list shall be protected in the event of a final hearing in the member’s favor.
(C) Promotion Examination Factors. These regulations shall provide that the following factors shall be basic considerations of rating a member of the Police Department for the purpose of promotion:
(1) Rank of Corporal.
(a) An annual performance evaluation with an acceptable score of three or higher for the last two evaluation periods immediately prior to the examination.
(b) The passing grade of 70 percent received by a member on a written competitive examination.
(c) The rights acquired by the length of service or tenure.
(2) Examination for Rank of Corporal.
(a) The grade received on a written competitive examination shall be considered 80 percent of the rating. The seniority rights based on the number of years of service as a member of the Police Department shall be considered 20 percent of the rating. Seniority will be figured at the rate of one percent for each full year of service, not to exceed 20 years.
(b) In the event that ties occur in final total scores, the factors to be used in establishing the relative position of members on the eligibility list shall be:
(i) Written examination score;
(ii) Seniority score;
(iii) Rank on original hiring list.
(3) Rank of Sergeant and Higher.
(a) An annual performance evaluation with an acceptable score of three or higher for the last two evaluation periods immediately prior to the examination;
(b) The passing grade of 70 percent received by a member on a written competitive examination;
(c) The grade received from an oral interview board;
(d) The grade received from assessment exercises;
(e) The rights acquired by the length of service or tenure.
(4) Examinations for Rank of Sergeant and Higher.
(a) The grade received on a written competitive examination shall be considered 50 percent of the rating. The grade received from the oral interview board shall be considered 20 percent of the rating and the grade received from assessment exercises shall be considered 30 percent of the rating. The seniority rights based on the number of years of service as a member of the Police Department shall be one-fourth of a point per each full year of service as of the date of the written examination. Seniority points will be calculated and added to the total score produced by the other promotional factors. Additionally, points for higher education or military service (but not both) shall be added to the score produced by the other promotional factors in the following amounts: one-fourth of a point for an associate degree, or one-half of a point for a bachelor’s degree or higher degree. The degrees must be from an accredited educational institution. Points for active military service, if higher than points for education, shall be added to the score produced by other promotional factors in the following amounts: one-fourth of a point for two years of active service or one-half of a point for four or more years of active service. The maximum higher education points shall be one-half, and the maximum military service points shall be one-half. Points shall be added for higher education or military service (whichever is higher), but not both.
(b) In the event that ties occur in the final total scores, the factors to be used in establishing the relative position of members on the eligibility list shall be:
(i) Assessment score;
(ii) Interview score;
(iii) Written examination score;
(iv) Seniority score;
(v) Rank on original hiring list.
(D) Additional Promotion Factors.
(1) The name or any means of identification of any member taking the competitive or qualifying examination under the provisions of this chapter shall be withheld and made unavailable to the person or persons who grade the examinations, and all written competitive examinations shall be treated and filed as confidential.
(2) The grade received by the individual officer on the written examination shall be made a part of the permanent file of the individual officer taking the examination.
(3) Each member shall be notified in writing by the commission of the grade which the member received on the examination.
(4) The rules and regulations shall further provide that if any member is aggrieved with the grade received on the written competitive examination, the member shall have the right to appeal in writing to the commission for a review of the grade within 10 days after the notice of the grade has been sent to the member, and the commission, after reviewing the grade and examination papers, shall have authority to affirm the grade or to correct the grade according to the findings of the review.
(5) At the expiration of 60 days from the date that the Merit Commission certifies the final grades on the examination, if no member has initiated an appeal, all examination papers shall be destroyed.
(6) The promotion eligibility list shall be maintained for a period of two years. A competitive examination procedure conducted with the approval of the Merit Commission for the purpose of establishing a new promotion eligibility list shall be held prior to the expiration of the previous list. If there are no eligible candidates left on the list for a given rank, the promotion process can be moved up to accommodate the vacancy in that rank. [Ord. G-2018-10 § 1, 3-23-2018; Ord. G-2008-36 §§ 6, 7, passed 12-26-08; Ord. G-2006-21, passed 10-18-06; Ord. G-96-20, passed 11-18-96. 1983 Code § 3.30.512.]
2.175.090 Probationary period after promotion.
All ranks will have a one-year probationary period. Failure to perform at an acceptable level during the probationary period may cause information to be forwarded to the commission with a recommendation of demotion to the officer’s previous rank. [Ord. G-96-20, passed 11-18-96; Ord. G-94-7, passed 4-20-94; Ord. G-87-1, passed 1-26-87; Ord. G-82-50, passed 10-25-82. 1982 Code § 30.513; 1983 Code § 3.30.513.]
2.175.100 Appointment to department – Requirements.
(A) To be appointed to the department, and prior to filing an application, an applicant must:
(1) Be a citizen of the United States;
(2) Be a high school graduate or possess a G.E.D. certificate;
(a) Applicants with G.E.D. certificates must also have either 30 semester hours of credit from an accredited college or university with a GPA of 2.0 or higher; or a minimum of two years of military service, including reserve duty;
(3) Have reached at least his/her twenty-first birthday on or before the closing date of the acceptance of applications, but under 36 years of age. However, the age requirements do not apply to a person who has been previously employed as a sworn law enforcement officer of the Evansville Police Department or any other law enforcement agency, pending approval and acceptance into the 1977 Police Officers’ and Firefighters’ Pension and Disability Fund (PERF);
(4) Possess a valid driver’s license; and
(5) If applicant has served in the military, the applicant shall provide a copy of his or her DD Form 214 or other military separation documents, which must demonstrate his or her discharge from military service was not categorized as “other than honorable,” “bad conduct,” or “dishonorable.”
(B) A person shall not be appointed, reappointed, or reinstated if that person has a felony conviction on his/her record.
(C) Applicants must be of good character.
(D) Applicants must produce satisfactory proof of date and place of birth.
(E) Applications for appointment or reappointment to the department must be filed with the personnel unit of the department.
(F) The commission shall adopt standards for the police officers by establishing a physical agility test that:
(1) Does not discriminate on the basis of sex;
(2) Reflects the essential functions of the job; and
(3) At a minimum, includes testing the following:
(a) Muscular strength;
(b) Muscular endurance;
(c) Cardiovascular endurance;
(d) Musculoskeletal flexibility.
(G) Applicants for appointment or reappointment to the department must pass the general aptitude test. The general aptitude test shall:
(1) Reflect the essential functions of the job;
(2) Be conducted according to the procedures adopted by the commission; and
(3) Be administered in a manner that reasonably accommodates the needs of disabled applicants.
(H) An applicant shall automatically be removed from the application process and be disqualified from further consideration in the applicant process if:
(1) The applicant fails to pass any one of the above criteria;
(2) Fails to obtain a passing score on the physical agility test; or
(3) Fails to score 80 percent or above on the general aptitude test.
(I) If the commission finds, after the preliminary examinations, that the applicant possesses the qualifications which, in the opinion of the commission, fit the applicant for appointment, the applicant shall then be allowed to compete for ranking on the eligibility list.
(J) The commission shall establish the minimum passing score prior to tests being administered. The following categories, and corresponding percentages of the total score of the applicant, will be compiled to determine the applicant’s ranking on the eligibility list:
(1) Physical agility test: pass/fail.
(2) General aptitude test: 30 percent.
(3) Oral assessment test: 40 percent.
(4) Writing skills examination: 20 percent.
(5) Merit Commission interview: 10 percent.
(K) Each applicant shall be subjected to a background investigation which shall include, but not be limited to, investigation of the applicant’s character, habits and reputation.
(L) Applicants with passing scores shall be placed on an eligibility list by the order of their scores and the eligibility list shall be certified by the commission.
(M) If an applicant, for original appointment, reaches his/her thirty-sixth birthday, prior to appointment, his/her name shall be removed from the eligibility list.
(N) The eligibility list will remain in existence for one year from the date it is announced, or until it is exhausted, whichever period is the shortest, or the Merit Commission, for good cause, determines that the existing eligibility list should be voided and a new list created.
(O) When a vacancy occurs in the department, the Merit Commission, upon written request of the Chief, shall make a conditional offer of employment to the highest ranking applicant on the eligibility list.
(P) If the applicant successfully passes a medical examination, psychological examination, polygraph examination, and a physical agility test, the applicant shall then be enrolled as a member of the department to fill the vacancy if the applicant is still of good character. [Ord. G-2015-15, passed 5-13-15; Ord. G-2008-36 §§ 8 – 11, passed 12-26-08; Ord. G-2002-5, passed 2-25-02; Ord. G-2001-7, passed 2-7-01; Ord. G-96-20, passed 11-18-96; Ord. G-93-4, passed 3-3-93; Ord. G-91-21, passed 7-8-91; Ord. G-87-1, passed 1-26-87; Ord. G-82-50, passed 10-25-82. 1982 Code § 30.514; 1983 Code § 3.30.514.]
2.175.110 Probationary period.
(A) All appointments to the Evansville Police Department shall be probationary. A probationary officer is an at-will employee whose employment may be terminated, at the discretion of the Merit Commission, at any time during the period of probationary status. Every appointment to the Police Department shall be for a probationary period of one year of actual service, except as provided for in subsection (B) of this section. If at any time during the probationary period the conduct or capacity of the probationary officer is found not to be satisfactory, which fact shall be determined by the Merit Commission, the probationary officer shall be notified in writing by the Merit Commission that he will not receive a regular appointment, whereupon his employment shall cease; otherwise, his retention as a law enforcement officer on the Police Department after the expiration of the probationary period shall constitute a regular appointment.
(B) With the approval of the Merit Commission, the probationary period may be reduced to nine months for those probationary officers with previous law enforcement experience who successfully complete an accelerated Field Training Program.
(C) The probationary period may be extended beyond one year, at the discretion of the Merit Commission, for special and extraordinary circumstances, if a probationary officer is not able to complete the Field Training Program within one year due to illness or injury, pregnancy, military service or for any other statutory or legally recognized circumstance which causes a legitimate absence from service that prevents a probationary officer from timely completing the Field Training Program during his probationary status. [Ord. G-2008-36 § 12, passed 12-26-08; Ord. G-96-20, passed 11-18-96. 1983 Code § 3.30.515.]
2.175.120 Solicitation of favoritism.
An applicant who personally or through any other person solicits any member of the Police Merit Commission to favor his appointment or reinstatement to the force shall be thereby rendered ineligible for all time to any appointment to the Police Department.
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 crime under Indiana law. [Ord. G-96-20, passed 11-18-96. 1983 Code § 3.30.516.]
2.175.130 Disciplinary action.
Demotions, dismissals, reprimands, forfeitures, suspensions, and punishments of members of the Police Department shall be by the Police Merit Commission and shall be for cause, except as herein otherwise provided, and under the same rules of procedures including the right of appeal as are now or may hereafter be provided by laws pertaining to the City, specifically including, but not limited to, the provisions of IC 36-8-3-4, unless specifically provided otherwise herein; except that wherever in the laws reference is made to Commissioners of Public Safety, Board of Public Works and Safety, Board of Metropolitan Police Commissioners, Board of Metropolitan Police and Fire Department, or Board, it shall be construed, for the purposes of this chapter, to refer to the Police Merit Commission. For purposes of IC 36-8-3-4(m), “upper-level policy-making position” refers only to the Police Chief. [Ord. G-96-20, passed 11-18-96. 1983 Code § 3.30.517.]
2.175.140 Retirement.
Upon arriving at the age of 65 years, it shall be mandatory for a member of the Police Department to retire from the department unless a member upon reaching age 65 years does not have 20 years of service to vest in the 1977 Police Officers’ and Firefighters’ Pension and Disability Fund, in which event, the member shall be allowed to continue in employment until said member has obtained his 20 years of service; provided, however, that said member is otherwise qualified to perform the duties of a police officer under standards in effect at the time of said extended employment. [Ord. G-2006-22, passed 10-18-06; Ord. G-96-20, passed 11-18-96. 1983 Code § 3.30.518.]
2.175.150 Reduction of department size.
Reduction in department size shall be as provided in the current contract between the City and the Fraternal Order of Police, or if no current agreement is in existence, the last valid contract between the City and the Fraternal Order of Police. [Ord. G-96-20, passed 11-18-96. 1983 Code § 3.30.519.]
2.175.160 Appropriation.
There shall be included annually in the budget of the City an amount sufficient to provide funds for the necessary expenses of the Police Merit Commission, including salaries and operating costs. [Ord. G-96-20, passed 11-18-96. 1983 Code § 3.30.520.]
2.175.170 Compensation of police.
(A) The salary of a first-class police officer and of a probationary police officer for purposes of pay only shall be as provided in the contract between the City and the Fraternal Order of Police or, if no current agreement is in existence, the last valid contract between the City and the Fraternal Order of Police. However, no language within this subsection shall be considered to affect the pension basis currently in effect or as required by State law.
(B) All members of the Police Department of the City shall receive longevity payments as provided by the contract between the City and the Fraternal Order of Police, or, if no current agreement is in existence, the last valid contract between the City and the Fraternal Order of Police.
(C) The compensation of any member of the Police Department who holds the rank of Corporal shall be not less than eight percent more than the compensation for a first-class police officer. The compensation of any member who holds the rank of Sergeant shall be not less than eight percent more than the compensation received by a Corporal. The compensation of any member who holds the rank of Lieutenant shall be not less than eight percent more than the compensation received by a Sergeant. The compensation of any member who holds the rank of Captain shall be not less than eight percent more than the compensation received by a Lieutenant. The compensation of any member who holds the rank of Deputy Chief shall be not less than eight percent more than the compensation received by a Captain. [Ord. G-96-20, passed 11-18-96. 1983 Code § 3.30.521.]
2.175.180 Vacations.
Any member of the Police Department, after serving the probationary period, shall receive vacation thereafter as set out in the current contract between the City and the Fraternal Order of Police, or if no current agreement is in existence, the last valid contract between the City and Fraternal Order of Police. [Ord. G-96-20, passed 11-18-96. 1983 Code § 3.30.522.]
2.175.190 Hours.
Members of the Police Department shall be compensated as set out in the current contract between the City and the Fraternal Order of Police, or if no current agreement is in existence, the last valid contract between the City and Fraternal Order of Police. [Ord. G-96-20, passed 11-18-96. 1983 Code § 3.30.523.]
2.175.200 Effect on prior laws.
This chapter shall supersede all prior laws of the same purpose pertaining to the City, and any action taken pursuant to any prior law shall in no way be impaired by this chapter. Any rank obtained by officers affected by this chapter, eligibility lists created pursuant to any previous law, Civil Service Commission members appointed pursuant to any previous law, or any other action previously taken by an existing Civil Service Commission for any Police Department affected by this chapter, shall in no way be repealed nor impaired by the passage of the ordinance codified in this chapter. After the ordinance codified in this chapter takes effect, all members of the Police Department are entitled to the same ranks and pay grades they held under the merit system created by IC 36-8-3.5-1(b). [Ord. G-96-20, passed 11-18-96. 1983 Code § 3.30.524.]