Bill Text: IN HB1194 | 2010 | Regular Session | Enrolled


Bill Title: Public safety officer layoff and reinstatement.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2010-03-25 - Effective 07/01/2010 [HB1194 Detail]

Download: Indiana-2010-HB1194-Enrolled.html


Second Regular Session 116th General Assembly (2010)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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    HOUSE ENROLLED ACT No. 1194



     AN ACT to amend the Indiana Code concerning public safety.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 36-8-4-11; (10)HE1194.1.1. -->
    SECTION 1. IC 36-8-4-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 11. (a) If it is necessary for the safety board to reduce the number of members of the police or fire department by layoff for financial reasons, the last member appointed must be the first to be laid off, with other members also laid off in reverse hiring order, until the desired level is achieved.
    (b) If the department is increased in number again, the members of the department who have been laid off under this section shall be reinstated before any new member is appointed to the department. The reinstatements begin with the last member laid off.
    (c) A member who is laid off shall keep the appointing authority advised of his the member's current address. A member shall be informed of his the member's reinstatement by written notice sent by certified mail to his the member's last known address. Within twenty (20) calendar days after notice of reinstatement is sent to a member, he the member must advise the hiring body that he the member 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 the member's failure to accept reinstatement within that twenty (20) day period or three (3) five (5) years after the day on which a member's layoff begins.
SOURCE: IC 36-8-10-11.1; (10)HE1194.1.2. -->     SECTION 2. IC 36-8-10-11.1 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 11.1. (a) As used in this section, "appointing authority" means the sheriff and the board.
    (b) If it is necessary for the appointing authority to reduce the number of members of the department by layoff for financial reasons, the last member appointed to the department must be the first to be laid off. Additional members must be laid off in reverse hiring order until the desired level of employment is achieved.
    (c) If department membership is increased, the members of the department who have been laid off under this section must be reinstated before any new member is appointed to the department. The last member to be laid off from the department must be the first to be reinstated. Additional members must be reinstated in reverse of the order in which the members were laid off.
    (d) A member who is laid off shall keep the appointing authority advised of the member's current address. The appointing authority shall inform a member of the member's reinstatement by written notice sent by certified mail to the member's last known address.
    (e) Not later than twenty (20) calendar days after the date notice of reinstatement is sent under subsection (d), the member must advise the appointing authority whether the member:
        (1) accepts reinstatement; and
        (2) will be able to commence employment on the date specified in the notice.
    (f) All reinstatement rights granted to a member under this section terminate on the earlier of:
        (1) the date the member fails to accept reinstatement within the time specified in subsection (e); or
        (2) three (3) five (5) years after the date on which a member's layoff begins.


HEA 1194

Figure

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