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Current as of January 02, 2024 | Updated by Findlaw Staff
Sec. 5. (a) A majority of the active members of the department, by referendum under section 4 of this chapter, may request the:
(1) unit's legislative body; or
(2) governing board;
to establish a merit system for the department.
(b) The unit's legislative body or the governing board shall vote on the request within sixty (60) days after the request is filed with the following:
(1) In the case of a unit:
(A) the clerk of the legislative body of a county or a municipality; or
(B) the executive of a township.
(2) In the case of a district or territory, the governing board.
(c) If the unit's legislative body votes to grant the request, the legislative body shall adopt an ordinance or resolution establishing a merit system under this chapter. If the governing board votes to grant the request, the governing board shall adopt a resolution establishing a merit system under this chapter. A copy of the ordinance or resolution shall be distributed to each active member of the department, and another referendum under section 4 of this chapter is required before the merit system takes effect.
(d) If the unit's legislative body or a governing board votes to deny the request, the request may not be resubmitted to the legislative body or governing board for one (1) year. Before the request may be resubmitted, another referendum under section 4 of this chapter must be held.
Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-8-3.5-5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-8-3-5-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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