Chapter 9.10 METROPOLITAN POLICE DEPARTMENT

(B) The personnel of the metropolitan police department include the police chief, who is the executive head of the department, the members of the police department, which numbers shall be regulated as to its force strength, and such other employees of the police department as may be hired from time to time.

(C) For the purposes of the sections regulating the force strength, the phrase “members of the police department” shall mean all law enforcement officers employed by the metropolitan police department as that term is defined in IC 5-2-1-2(1). Further, members of the police department shall include the chief of police if the chief is also a law enforcement officer. The authorized force strength for members of the police department is hereby fixed at a level not to exceed 42 officers.

(D) The authorized force strength may be temporarily increased subject to the following:

(1) Should an emergency situation arise where the authorized force strength of the police department needs to be temporarily increased over the aforesaid force strength of 42 officers to protect the safety and welfare of the police department and public at large, the town council may declare such an emergency situation and temporarily increase the authorized force strength of the police department to a level not to exceed 44 police officers.

(2) Such declaration of emergency should acknowledge the fixed strength, the actual current force strength and indicate the new level being authorized.

(3) Such authorization shall be limited to a duration not in excess of a calendar year and may be renewable.

(4) Such declaration of emergency shall not affect the properly budgeted and approved annual authorized force strength of 42 police officers. [Ord. 876, 1988; Ord. 1038, 1996; Ord. 1060, 1996; Ord. 1075, 1997; Ord. 1105, 1998; amended during 2012 recodification. Code 1983 § 16-1; Code 2000 § 51.01].

Statutory reference: Police leaves of absence, see IC 36-8-5-1 et seq. 1925 police pension fund, see IC 36-8-6-1 et seq. 1977 police officers’ pension and disability fund, see IC 36-8-8-1 et seq. Creation of police reserve, see IC 36-8-3-20.

9.10.020 Board of metropolitan police commissioners.

(A) There is hereby established a board of metropolitan police commissioners. The salary of the members of such board shall be as established by ordinance.

(B) The board of metropolitan police commissioners shall meet at least once each month on the day fixed by resolution. Special meetings of such board shall be held upon the call of the chairman of such board or the call of a majority of the members of such board.

(C) Upon determining that an investigation should be made into the possible removal of a member of the board of metropolitan police commissioners, the town council shall set up a committee consisting of at least three members of the board to conduct the investigation and report back to the full board with written recommendations. The committee shall be empowered to seek out the advice of such persons as it deems appropriate and to interview those persons required to complete their investigation. The report of the committee shall be advisory only, and the town council shall in all events make such final decisions as may be permitted or required by statute and rules and regulations promulgated therewith. [Ord. 745, 1977. Code 1983 § 16-2; Code 2000 § 51.02].

Statutory reference: Board of metropolitan police commissioners, see IC 36-8-9-1 et seq.

9.10.030 Compensation of the board, employees and members of the metropolitan police department.

(A) The salary of the members of the town board of metropolitan police commissioners shall be fixed by ordinance of the town council, as passed from time to time;

(B) The town board of metropolitan police commissioners may recommend and the town legislative body shall determine the compensation to be paid to members of the police department in amounts that are just and reasonable;

(C) The town board of metropolitan police commissioners may recommend and the town legislative body shall determine the compensation to be paid to all other employees of the police department in amounts that are reasonable;

(D) The town board of metropolitan police commissioners shall have no authority to fix compensation nor promulgate any rule or regulation which affects compensation of an employee of the department except when exercising its authority as a safety board for the purposes of disciplining a member or members of the metropolitan police department. [Ord. 1183 § 1, 2001; Code 2000 § 51.03].

Statutory reference: Salary of police to be determined by board of trustees, see IC 36-8-9-4(b). Salary to be appropriated, see IC 36-8-9-5.

9.10.040 Residency requirements.

No person shall be appointed, or serve, as a member of the police department unless he is a resident of Lake County or an adjoining county. [Amended during 2012 recodification. Code 1983 § 16-4; Code 2000 § 51.04].

Statutory reference: Other qualifications of police, see IC 36-8-9-4(c).

9.10.050 Police reserve – Special duty officer.

(A) There is hereby created a police reserve in the town of Highland pursuant to IC 36-8-3-20.

(B) The members of said reserve, as may be appointed from time to time, shall be known as “special duty officers.”

(D) Members shall receive workers’ compensation benefits; no other benefits shall be paid nor accrue.

(E) Members of said reserve shall be subject to all of the rules and regulations of the Highland police department and the requirements of IC 36-8-3-20. [Ord. 932, 1987. Code 1983 § 16-5; Code 2000 § 51.05].

Article II. Statutory Law Enforcement Funds

9.10.060 Law enforcement aid or “buy money” petty cash fund.

(A) There is an established law enforcement aid program for the Highland police department.

(B) A law enforcement aid fund is established to be governed by procedures set forth in IC 36-1-8-3 and said fund shall maintain a balance of $1,000.

(C) This expenditure shall be made through a line item from the general fund in the police department budget identified and appropriated by the fiscal body or from such funds or resources as may be identified by the town board of metropolitan police commissioners which may be lawfully used for the purposes of this fund.

(D) The metropolitan board of police commissioners of the town of Highland, Lake County, Indiana, shall promulgate policies and procedures pursuant to accepted law enforcement standards, to regulate the management of the fund, and consistent with other expenditures of the town of Highland. [Ord. 972, 1992; Ord. 1026, 1995. Code 1983 § 16-6; Code 2000 § 51.06].

9.10.070 Metropolitan police cash change fund.

(A) There is hereby authorized, created and established a cash change fund for use by the metropolitan police department to be known as the metropolitan police cash change fund, pursuant to the provisions of IC 36-1-8 et seq.;

(B) The metropolitan police chief, and such employees as he may designate, are permitted to collect cash revenues at the administrative offices of the metropolitan police department, in order to support the duties outlined in and to carry out the purposes of this chapter:

(1) The metropolitan police chief is permitted to establish a cash change fund in support of this section;

(2) Such a fund must be established by a warrant drawn upon the appropriate fund in favor of the metropolitan police chief, who is the custodian of the fund;

(C) The fund shall be established by a warrant drawn from the proper appropriated or nonappropriated balance of the corporation general fund, as the town council may direct, in the amount of $150.00, in support of the establishment of such a cash change fund.

(1) The establishing warrant and such successive warrants as shall be necessary to resupply the fund shall be drawn in favor of the metropolitan police chief who shall convert the warrant to cash;

(2) The metropolitan police chief, and such employees as he may designate, shall use it to make change when collecting rates and charges for programs or services performed under the authority of law by the metropolitan police department; and

(3) The metropolitan police chief shall account for it in the same manner as is required of other funds of the town;

(D) The entire cash change fund authorized and established pursuant to this section shall be returned to the corporation general fund whenever there is a change in the custodian of the fund;

(E) The entire cash change fund authorized and established pursuant to this section shall be returned to the corporation general fund of the municipality whenever the purposes of the fund have substantially changed or the fund is no longer needed. [Ord. 1438 § 1, 2009. Code 2000 § 51.08].

9.10.075 Metropolitan police department petty cash fund.

(A) There is hereby authorized, created and established a petty cash fund for use by the metropolitan police department to be known as metropolitan police department petty cash fund, pursuant to the provisions of IC 36-1-8 et seq.;

(B) The metropolitan police chief and such employees as he may designate are permitted to use it to pay small, emergency or exigent items of operating expense, according to guidelines that the municipal fiscal officer may establish, in order to support the duties outlined in and to carry out the purposes of this chapter:

(1) The metropolitan police chief is permitted to establish a petty change fund pursuant to this section;

(2) Such a fund must be established by a warrant drawn upon the appropriate fund in favor of the metropolitan police chief, who is the custodian of the fund;

(3) Each expenditure from the petty cash change fund shall be supported by a receipt;

(4) The metropolitan police chief, as custodian of the fund, or his designee, shall periodically file a voucher, with all original receipts totaling the cash claimed expended being attached to it, in support of the reimbursement of expenditures from the fund;

(5) Reimbursement must be approved and allowed at any regular or special meeting of the town council and made in the same manner as is required for other expenditures of the metropolitan police department;

(C) The fund shall be established by a warrant drawn from the proper appropriated or nonappropriated balance of the corporation general fund, as the town council may direct, in the amount of $120.00, in support of the establishment of such a petty change fund:

(1) The establishing warrant and such successive warrants as shall be necessary to resupply the fund shall be drawn in favor of the metropolitan police chief who shall convert the warrant to cash;

(2) The metropolitan police chief shall account for it in the same manner as is required of other funds of the town;

(D) The entire petty cash fund authorized and established pursuant to this section shall be returned to the corporation general fund whenever there is a change in the custodian of the fund or whenever the purposes of the fund have substantially changed or the fund is no longer needed. [Ord. 1537 § 2, 2013].

9.10.080 Law enforcement continuing education and equipment fund – Establishment.

(A) There is hereby authorized, created and established a fund of the town of Highland, to be called the law enforcement continuing education and equipment fund, pursuant to IC 5-2-8-2(c).

(B) The purpose of the law enforcement continuing education and equipment fund is to provide resources to support the continuing education and training program of the town of Highland metropolitan police department and for the acquisition of equipment and supplies for law enforcement purposes, all pursuant to IC 5-2-8-6.

(1) The receipt of the following fees:

(a) Accident report fees as authorized by IC 9-29-11-1 and HMC 9.15.160;

(b) Motor vehicle inspection fees as authorized by IC 9-29-4-2 and HMC 9.15.140;

(d) Gun permit fees as authorized and fixed by IC 35-47-2-3;

(2) Interest earned from the investment of moneys on deposit to the credit of the fund, provided such investments are conducted pursuant to IC 5-13-9 et seq. [Ord. 1415 § 1, 2008. Code 2000 § 51.07].

9.10.090 Law enforcement continuing education and equipment fund –Purposes, uses and permissible expenditures.

(A) Expenditures from the law enforcement continuing education and equipment fund shall be used for the continuing education and training of law enforcement officers employed by the town of Highland metropolitan police department and for the acquisition of equipment and supplies for law enforcement purposes, all pursuant to IC 5-2-8-6.

(B) Expenditures from the law enforcement continuing education and equipment fund shall be used to support the law enforcement continuing education and training program as established by IC 5-2-8-2(b). Pursuant to IC 5-2-8-2(f), it may include expenditures made to provide to each law enforcement officer employed by the town of Highland metropolitan police department continuing education concerning the following:

(1) Duties of a law enforcement officer in enforcing restraining orders, protective orders, temporary injunctions, and permanent injunctions involving abuse.

(2) Guidelines for making felony and misdemeanor arrests in cases involving abuse.

(3) Techniques for handling incidents of abuse that minimize the likelihood of injury to the law enforcement officer and promote the safety of a victim.

(4) Information about the nature and extent of abuse.

(5) Information about the legal rights of and remedies available to victims of abuse.

(6) How to document and collect evidence in an abuse case.

(7) The legal consequences of abuse.

(8) The impact on children of law enforcement intervention in abuse cases.

(9) Services and facilities available to victims of abuse and abusers.

(10) Verification of restraining orders, protective orders, temporary injunctions, and permanent injunctions.

(11) Policies concerning arrest or release of suspects in abuse cases.

(12) Emergency assistance to victims of abuse and criminal justice options for victims of abuse.

(13) Landlord-tenant concerns in abuse cases.

(14) The taking of an abused child into protective custody.

(15) Assessment of a situation in which the child may be seriously endangered if the child is left in the child’s home.

(16) Assessment of a situation involving an endangered adult (as defined in IC 12-10-3-2).

(17) Response to a sudden, unexpected infant death. [Ord. 1415 § 1, 2008. Code 2000 § 51.08].

9.10.100 Law enforcement continuing education and equipment fund –Expenditure upon appropriation.

Expenditures from the law enforcement continuing education and equipment fund may be made only upon appropriation by the fiscal body for the purpose for which the fund is specifically established, in the manner provided by statute for making other appropriations, and shall be disbursed only on approved accounts payable vouchers allowed by the legislative body, all pursuant to IC 5-11-10 and 36-5-4. [Ord. 1415 § 1, 2008. Code 2000 § 51.09].

9.10.110 Law enforcement continuing education and equipment fund –Investments authorized.

Money in the law enforcement continuing education and equipment fund may be invested; provided, that the yields from the purchase and sale of any such investments shall be deposited with the fund pursuant to IC 5-13-9 and Chapter 3.40 HMC. [Ord. 1415 § 1, 2008. Code 2000 § 51.10].

9.10.120 Law enforcement continuing education and equipment fund –Preservation and disposition of fund assets.

All unused and unencumbered cash on deposit to the credit of the fund does not revert to the corporation general fund nor to any other fund but shall remain with the law enforcement continuing education and equipment fund until such time as an ordinance or state law is passed and adopted regarding its disposition. [Ord. 1415 § 1, 2008; Code 2000 § 51.11].

9.10.130 Police pension fund of 1925.

The provisions of the police pension fund of 1925 apply to pension benefits for members of the Highland police department hired before May 1, 1977. The provisions of IC 36-8-6-1 through 36-8-6-21 as amended from time to time are incorporated by reference and hereby adopted.

(A) There is a police pension fund known as the 1925 fund. The 1925 fund shall be managed by a board of trustees (sometimes referred to herein as the “local board”), having not more than nine trustees, as follows:

(1) The town council president, as municipal executive, the town clerk-treasurer, as municipal fiscal officer, and the police chief are ex officio members of the board;

(2) One retired member of the Highland police department;

(3) Not less than three and not more than five active members of the Highland police department.

(B) The trustees who are not ex officio members of the board shall be elected at a meeting of the members of the Highland police department at the central police station on the second Monday in February of each year. The trustees are elected for terms of three years, succeeding those trustees whose terms expire on that date. The trustees hold their offices until their successors are elected and qualified.

(C) If a vacancy occurs on the local board among those trustees elected by the police department, the police department shall, within a reasonable time, hold a special meeting upon the call of the municipal executive and elect a successor for the remainder of the trustee’s term.

(D) A majority of all trustees constitutes a quorum for the transaction of business.

(E) The trustees receive no pay for their services and shall be paid only their necessary expenses. However, the trustees, the secretary, and each member of the police department selected by the local board shall be paid their necessary traveling expenses from the 1925 fund when acting upon matters pertaining to the fund.

(F) The local board may make all necessary bylaws for:

(1) Meetings of the trustees;

(2) The manner of their election, including the counting and canvassing of the votes;

(3) The collection of all money and other property due or belonging to the fund;

(4) All matters connected with the care, preservation, and disbursement of the fund; and

(5) All other matters connected with the proper execution of the 1925 Police Pension Law not covered by ordinance of the town. [Ord. 1010, 1995. Code 2000 § 51.15].

9.10.140 Police officers covered by the 1925 provisions.

(A) A police officer with 20 years of service is covered by the provisions related to the 1925 fund if the police officer:

(1) Was hired before May 1, 1977;

(2) Did not convert under the prior state law repealed September 1, 1981;

(3) Is rehired after April 30, 1977, by the same employer;

(B) A police officer is covered by the provisions related to the 1925 fund, if the police officer:

(1) Was hired before May 1, 1977;

(2) Did not convert under the prior state law repealed September 1, 1981;

(3) Was rehired after April 30, 1977, but before February 1, 1979; and

(4) Was made, before February 1, 1979, a member of a 1925 fund. [Ord. 1010, 1995. Code 2000 § 51.16].

9.10.150 Police pension board of trustees – Officers.

(A) The town council president is president of the board. The clerk-treasurer is its treasurer. The local board shall select one of its members secretary. The secretary shall be paid out of the 1925 fund a sum for his/her services as fixed by the local board. The local board shall select one of its members as president pro tem, who may only serve in the absence of the president.

(B) The secretary shall, in the manner prescribed by IC 5-4-1, execute a bond in the sum of $15,000 payable to the town, to be approved by the town council, conditioned upon the faithful discharge of the secretary’s duties. The premium upon said bond shall be paid by the pension fund. Said bond may be executed with any recognized and responsible surety company authorized to do business in the state of Indiana. The bond shall be filed and recorded in the office of the recorder of Lake County, pursuant to IC 5-4-1-5.1.

(C) The secretary and the treasurer shall make complete and accurate reports of their trusts to the local board on the first Monday in February of each year, copies of which shall be filed with the municipal clerk. The books of the secretary and treasurer must be open at all times to examination by members of the local board.

(D) Each member of the Highland police department shall turn over to the secretary of the local board, within 30 days after receiving it, all money and securities belonging to the 1925 fund that come into the member’s hands. [Ord. 1010, 1995; Ord. 1059, 1996. Code 2000 § 51.17].

9.10.160 President’s duties.

The president shall preside over all meetings of the local board, call special meetings of the police department and preside over the annual fund and called meetings of the department concerning the 1925 fund. [Ord. 1010, 1995. Code 2000 § 51.18].

9.10.170 Treasurer’s duties.

(A) The treasurer has custody of all money and securities due or belonging to the 1925 fund and shall collect the principal and interest on them.

(B) The treasurer is liable on his bond as an officer for the municipality for the faithful accounting of all money and securities belonging to the fund that come into his hands.

(D) The treasurer, upon the expiration of his term of office, shall account to the local board for all money and securities coming into his hands, including the proceeds of them, and turn over to his successor all money and securities belonging to the fund remaining in his hands. [Ord. 1010, 1995. Code 2000 § 51.19].

9.10.180 Secretary’s duties.

(A) The secretary shall keep a true account of the proceedings of the local board and of the Highland metropolitan police department when acting upon matters related to the 1925 fund.

(B) The secretary shall keep a correct statement of the accounts of each member with the fund.

(C) The secretary shall collect and turn over to the clerk-treasurer, as treasurer of the local board, all money belonging to the fund.

(D) The secretary shall give the local board a monthly account of his acts and services as secretary.

(E) The secretary shall turn over to his/her successor all books and papers pertaining to the office. [Ord. 1010, 1995. Code 2000 § 51.20].

9.10.190 Derivation of funds – Salary assessments and fees.

(A) The Highland police pension 1925 fund is derived from the following sources:

(1) From money or other property that is given to the local board for the use of the fund. The local board may take by gift, grant, devise or bequest of any money, chose in action, personal property, or real property, or an interest in it. The local board shall take the property in the name of the local board and may hold, assign, transfer or sell it.

(2) From money, fees, and awards that are paid or given to the police department of the town of Highland or to a member of the department because of service or duty performed by the department or a member. This includes fines imposed by the town board of metropolitan police commissioners against a member of the department, as well as the proceeds from the sale of lost, stolen, and confiscated property recovered or taken into possession by members of the police department, in the performance of their duties and sold at a public sale in accordance with law, excepting those seized, forfeited and confiscated properties governed by rules and guidelines of the United States Department of Justice or the United States Attorney General.

(3) From an assessment made during the period of his employment or for 32 years, whichever is shorter, on the salary of each member of whom the local board has accepted and designated as a beneficiary of the 1925 fund, an amount equal to six percent of the salary of a first class patrolman.

(B) The secretary of the local board shall prepare a roll of each of the assessments and place opposite the name of every member of the police department the amount of the assessment against him. The clerk-treasurer as treasurer of the local board shall retain out of the salary paid to the member, covered by the 1925 fund, at least monthly, the amount of the assessment and credit it to the 1925 fund. Every person becoming a member of the police department is liable for the payment of the assessments and is conclusively considered to agree to pay it and have it deducted from his salary as required in this section. [Ord. 1010, 1995. Code 2000 § 51.21].

9.10.200 Derivation of funds – Ad valorem levy.

(A) If the local board determines that the total amount of money available for a year will be insufficient to pay the benefits, pensions, and retirement allowances the local board is obligated to pay under IC 36-8-6, the local board shall, before the date on which the budget of the municipality is adopted, prepare an itemized estimate in the form prescribed by the state Board of Accounts of the amount of money that will be receipted into and disbursed from the 1925 fund during the next fiscal year. The estimated receipts consist of the items enumerated in IC 36-8-6-4(a) and HMC 9.10.190(A). The estimated disbursements consist of an estimate of the amount of money that will be needed by the local board during the next fiscal year to defray the expenses and obligations incurred and that will be incurred by the local board in making the payments prescribed by IC 36-8-6 to:

(1) The retired members;

(2) To members who are eligible to and expect to retire during the ensuing year; and

(3) To the dependents or surviving spouses of deceased members.

(B) The local board may provide in its annual budget and pay all necessary expenses of operating the 1925 fund, including the payment of all costs of litigation and attorneys’ fees arising in connection with the fund, as well as the payment of benefits and pensions. Notwithstanding any other law, neither the municipal legislative body, the county board of tax adjustment, nor the State Board of Tax Commissioners may reduce an item of expenditure.

(C) At the time when the estimates are prepared and submitted, the local board shall also prepare a certified statement showing:

(1) The name, age, and date of retirement of each retired member and the monthly and yearly amount of the payment to which the retired member is entitled;

(2) The name and age of each member who is eligible to and expects to retire during the next fiscal year, the date on which the member expects to retire, and the monthly and yearly amount of the payment that the member will be entitled to receive; and

(3) The name and age of each dependent, the date on which the dependent became a dependent, the date on which the dependent will cease to be a dependent by reason of his attaining to the age at which dependents cease to be dependents and the monthly and yearly amount of the payment to which the dependent is entitled.

(D) The total receipts shall be deducted from the total expenditures stated in the itemized estimate and the amount of the excess of the estimated expenditures over the estimated receipts shall be paid by the municipality in the same manner as other expenses of the municipality are paid. The estimates submitted shall be prepared and filed in the same manner and form and the same time that estimates of other municipal offices and departments are prepared and filed.

(E) The municipal legislative body shall levy an annual tax in the amount and at the rate that is necessary to produce the revenue to pay that part of the police pensions that the municipality is obligated to pay. All money derived from the levy is for the exclusive use of the police pensions and benefits. The amounts in the estimated disbursements, if found to be correct and in conformity with the data submitted in the certified statement, are a binding obligation upon the municipality. The legislative body shall make a levy for them equal to the estimated disbursements, less the amount of estimated receipts. Notwithstanding any other law, neither the county board of tax adjustment nor the state Board of Tax Commissioners may reduce the levy. [Ord. 1010, 1995. Code 2000 § 51.22].

9.10.210 Investment of funds.

(A) The local board shall determine how much of the 1925 fund may be safely invested and how much should be retained for the needs of the fund. The investment shall be made in interest bearing bonds of the United States, the state, or an Indiana Municipal Corporation. In addition, the local board may allow other investments to be made in other interest bearing accounts allowed pursuant to IC 5-13-9. The bonds and other invested funds shall be deposited with and must remain in the custody of the clerk-treasurer, as treasurer of the board, who shall collect the interest due as it comes due.

(B) Investments under this section are subject to provisions of IC 36-8-6-1.5. [Ord. 1010, 1995. Code 2000 § 51.23].

9.10.220 Disability retirement in the 1925 fund.

The provisions of IC 36-8-6-8 as amended from time to time are hereby adopted and made a part of this code. [Ord. 1010, 1995. Code 2000 § 51.24].

9.10.230 Retirement benefits from the 1925 fund.

(A) The 1925 police pension fund shall be used to provide a member of the police department who retires from active duty after 20 or more years of active duty an annual pension equal to 50 percent of the salary of a first class patrol officer in the police department, plus:

(1) For a member who retires before January 1, 1986, two percent of the first class patrol officer’s salary for each year of service; or

(2) For a member who retires after December 31, 1985, one percent of the first class patrol officer’s salary for each six months of service of the retired member over 20 years.

However, the pension may not exceed in any year an amount greater than 74 percent of the salary of a first class patrol officer. The pensions shall be computed on an annual basis but shall be paid in 12 monthly installments. If the salary of a first class patrol officer is increased or decreased, the pension payable shall be proportionately increased or decreased.

(B) If a member voluntarily retires after 20 or more years of service, the member is entitled to retirement and the pension, without reference to the member’s physical condition at the time of the application. However, the member relinquishes all rights to other benefits or pensions for temporary disability. After retirement, the member is not required to render further services on the police department, is no longer subject to the rules of the department, and may not be deprived of other benefits under this chapter that may accrue to him or his dependents.

(C) To be retired based upon length of service, only the time served by the member on the regularly constituted police department may be computed. Time served by the member as a special police officer, a merchant police officer, or private police officer may not be considered in computing length of service.

(D) For the purposes of this section, “salary of a first class patrol officer” means the base salary of a first class patrolman plus all longevity increases, if provided by the employer, for service of 20 years or less, but does not include remuneration or allowances for fringe benefits, incentive pay, holiday pay, insurance, clothing, automobiles, firearms, education, overtime, or compensatory time off.

(E) Effective beginning in fiscal year 1996 for the purposes of this section, “salary of a first class patrol officer” means the base salary of a first class patrolman plus all longevity increases, if provided by the employer, for service of 20 years, but does not include remuneration or allowances for fringe benefits, incentive pay, holiday pay, insurance, clothing, automobiles, firearms, education, overtime, or compensatory time off. [Ord. 1010, 1995. Code 2000 § 51.25].

9.10.240 Survivors’ and dependents’ benefits from the 1925 fund.

(A) The 1925 fund shall be used to pay funeral benefits to the heirs or estate of an active or a retired member of the police department who has died from any cause in an amount hereby fixed at $12,000, pursuant to IC 36-8-6-9.8, as amended from time to time.

(B) The funeral benefit set forth in subsection (A) of this section may be payable in advance of allowance by the board of proper jurisdiction according to the terms of IC 36-5-4-12(b)(13).

(C) In addition, payment shall be made from the 1925 fund to the surviving spouse of a deceased member who dies before January 1, 1989, in an amount hereby fixed as follows:

(1) To the surviving spouse, an amount at least equal to 50 percent of the monthly pay of a first class patrol officer per month during the surviving spouse’s life if the spouse did not remarry before September 1, 1983;

(2) If the spouse remarried before September 1, 1983, and benefits ceased on the date of remarriage owing to prior law, the benefits for the surviving spouse shall be reinstated on July 1, 1997, and continue during the life of the surviving spouse.

(D) In addition, payment shall be made from the 1925 fund to the surviving spouse of a deceased member who dies after December 31, 1988, in an amount hereby fixed as the greater of:

(1) To the surviving spouse, an amount at least equal to 50 percent of the monthly pay of a first class patrol officer per month during the surviving spouse’s life; or

(2) To the surviving spouse, an amount at least equal to 55 percent of the monthly benefit the deceased member was receiving or was entitled to receive on the date of the member’s death, to continue during the surviving spouse’s life.

(E) A payment shall also be made from the 1925 fund to each child of a deceased member under the age of 18 years, in an amount hereby fixed as an amount equal to 20 percent of the monthly pay of a first class patrol officer, per month to each child:

(1) Until the child reaches the age of 18;

(2) Until the child reaches the age of 23 years of age if the child is enrolled in and regularly attending a secondary school or is a full-time student at an accredited college or university; or

(3) During the entire period of the child’s physical or mental disability, whichever period is longer.

(F) The total of benefits paid under subsection (E) of this section added to the benefits under subsection (B) of this section or the benefits under subsection (C) of this section may not exceed the maximum benefits computed under IC 36-8-6-9 (adopted herein as HMC 9.10.230) for pension payments to a member who retires from active service after 20 years or more of active service.

(G) If a deceased member leaves no surviving spouse and no child who qualifies for benefits under subsection (E) of this section but does leave a dependent parent or parents, an amount equal to 20 percent of the monthly pay of a first class patrol officer per month from the time of his death shall be paid from the 1925 fund to the dependent parent or parents during their dependency. When both parents survive, the total amount is still 20 percent to be paid to them jointly.

(H) In all cases of payments made pursuant to this section, the board of trustees of the police pension fund is the final judge of the question of necessity and dependency and of the amount to be paid. The board shall have the continuing power to reduce or terminate temporarily or permanently a payment to a dependent relative of a deceased member when it determines that the condition of the 1925 fund or any other circumstances may warrant or render necessary such reduction or termination.

(I) If the salary of a first class patrol officer is increased or decreased, the benefit fixed and payable under this section shall be proportionately increased or decreased. Such proportionate increases or decreases shall be deemed fixed by ordinance of the legislative body.

(J) For the purposes of this section, “salary of a first class patrol officer” means the base salary of a first class patrolman plus all longevity increases, if provided by the employer, for service of 20 years or less, but does not include remuneration or allowances for fringe benefits, incentive pay, holiday pay, insurance, clothing, automobiles, firearms, education, overtime, or compensatory time off. [Ord. 1183 § 2, 2001; Ord. 1620 § 1, 2016. Code 2000 § 51.26].

Article III. Special Patrol Zones

9.10.250 Special patrol zones.

(A) Highland metropolitan police department may commit, augment or dedicate certain law enforcement resources in certain locations within the town of Highland, for which user fees may be charged, through the use of special patrol zones (SPZ);

(B) Special patrol zones established according to this article may be used to permit the provision or assignment of dedicated patrols or watch tours, on properties in which the public is a significant invitee;

(C) The services provided in a special patrol zone may be delivered by law enforcement officers and patrol vehicles of the Highland metropolitan police department;

(D) A special patrol zone may not be created unless a written agreement or memorandum is executed between the owner or owners of the property that may be established as a special patrol zone and the town of Highland according to this article;

(E) The written agreement or memorandum must be approved by the town council and executed by the town manager;

(F) Establishment of a special patrol zone does not constitute a private property regulation enforcement agreement as described in IC 9-22-18 et seq. However, the agreements described in IC 9-22-18 may be employed as well as the special patrol zone described in this article. [Ord. 1411 § 1, 2008. Code 2000 § 51.70].

9.10.260 Identifying and creating a special patrol zone.

(A) The metropolitan police chief after consultation with the town board of metropolitan police commissioners may recommend to the clerk-treasurer and the town council president the establishment of a special patrol zone. The clerk-treasurer and the town council president may then prepare an agreement or memorandum according to this article for consideration by the town council.

(B) The clerk-treasurer and the town council president may execute an agreement that describes the scope of the patrol services, the time the services may be provided, the user charges for such services and such other necessary terms and conditions that are necessary or desirable; provided, that the town council adopts a resolution that contains the following findings and determinations:

(1) A finding and determination that the proposed location generates significant traffic or other identifiable public safety concerns that the ordinary and regular law enforcement resources may not fully address, so it may be of public good to commit, augment or dedicate certain law enforcement resources in such locations within the town of Highland, for which the user fees may be charged, through the establishment of special patrol zones (SPZ);

(2) A finding and determination that the establishment of the special patrol zone will not unduly reduce or dilute regular resources or capacity of the metropolitan police department (excess capacity);

(3) A finding and determination that the establishment of the special patrol zone serves the public safety interests of the whole town and then set forth or identify how; and

(4) A finding and determination that there is or are willing, identifiable owner or owners in the location of the proposed zone who desire the services described in the agreement or memorandum and are willing to pay the user fees associated with the special patrol zones.

(C) A special patrol zone will remain in effect or endure according to terms established in a written agreement or memorandum prepared pursuant to this article.

(D) The proper officers may reapply to have an area designated as a special patrol zone area under the application and approval process described in this article. [Ord. 1411 § 1, 2008. Code 2000 § 51.71].

9.10.270 Record of special patrol zones.

(A) The metropolitan police chief shall maintain a list of any and all special patrol zones as well as a copy of any and all associated written agreements or memoranda;

(B) The metropolitan police chief shall file with the town clerk-treasurer a copy of all lists of special patrol zones as well as the original executed version of any and all associated written agreements or memoranda;

(C) The list and the agreements shall be public records of the municipality and available for inspection according to the provisions of IC 5-14-3 et seq. [Ord. 1411 § 1, 2008. Code 2000 § 51.72].

9.10.280 Collection and disposition of special patrol zones fees.

(A) Reasonable user fee(s) to support the costs and administration of the special patrol services of the zone are authorized as provided in this article;

(B) No fees for services of the special patrol zone shall be charged unless such fees are set forth in a written and approved agreement or memorandum as provided in HMC 9.10.280;

(C) All fees and charges shall be billed and collected by the metropolitan police department, according to terms set forth in a written agreement or memorandum and deposited with the clerk-treasurer, according to this article;

(D) The clerk-treasurer shall deposit the fees to the credit of the corporation general fund, and account for these as other receipts or revenues of the municipality;

(E) Failure of an identified payer to timely or fully pay user fees according to this chapter shall (or may) repeal and abolish the special patrol zone and subject the payer to reinstatement fees. [Ord. 1411 § 1, 2008. Code 2000 § 51.73].

Article IV. Court Ordered Breath Test Service

9.10.290 Service established.

There is hereby authorized and established a municipal service in the metropolitan police department to be called the court ordered breath test service, designating portable breath instrument services not associated with or performed in the course of a lawful arrest or criminal processing, but rather for services limited to court ordered breath test services. [Ord. 1496 § 1, 2011. Code 2000 § 51.65].

9.10.300 Court ordered breath test services bureau.

(A) In order to support the organization and administration of the court ordered breath test service as well as carry out the collection of service charges, there is hereby established in the metropolitan police department a court ordered breath test service bureau to be under the supervision of its administrator, who shall be the chief of police;

(B) The court ordered breath test service bureau (hereinafter sometimes referred to as the “bureau”) is:

(1) Hereby authorized and empowered to charge and collect on behalf of the municipality, such service charges as hereinafter may be identified and authorized for the performance of court ordered breath test services to be paid by the parties desiring the service; and

(2) Hereby authorized and empowered to provide such materials and forms as may be desirable and proper to efficiently administer the purposes and objects of this article including the development of a uniform application form to be used in support of the court ordered breath test service, subject to applicable provisions of law;

(3) Hereby instructed and directed to develop, compile and maintain records of the services offered, charges collected and such other information as may be desirable and to transmit a report of the activities of the bureau from time to time to the town board of metropolitan police commissioners, the office of the clerk-treasurer and such other officers or persons who may from time to time request such reports. [Ord. 1496 § 1, 2011. Code 2000 § 51.66].

9.10.310 Schedule of charges and fees.

(A) The service charges as set forth and contained in the following schedule of charges are hereby deemed to be reasonable and just rates and charges reasonably related to the administration of the court ordered breath test bureau and its delivery of services, and the schedule is hereby authorized and approved:

Schedule of Charges

Court Ordered Breath Test Bureau

Except as may be otherwise provided, the users of services administered and provided by the bureau will be charged a standard service charge based upon the list herein provided.

Service Charges:
Services related to requests for parental test:	$35.00 per test

(B) All charges and amounts collected by the bureau pursuant to this article shall be deposited with the office of the clerk-treasurer and credited to the general fund of the municipality upon its receipt;

(C) The bureau shall not charge or collect any fee or amount for a service performed under this article that is not authorized or not deposited with the municipality, according to its terms. [Ord. 1496 § 1, 2011. Code 2000 § 51.67].