Bill Text: IN SB0356 | 2012 | Regular Session | Introduced
Bill Title: Officeholder qualifications.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-09 - First reading: referred to Committee on Local Government [SB0356 Detail]
Download: Indiana-2012-SB0356-Introduced.html
Citations Affected: IC 3-5-9; IC 36-1-8-10.5; IC 36-4-4-2; IC 36-8.
Synopsis: Officeholder qualifications. Provides that an employee of
a county, city, town, or township (unit) is considered to have resigned
from employment with the unit if the employee assumes the elected
executive office of the unit or becomes an elected member of the unit's
legislative or fiscal body. Provides that an individual who is serving as
a volunteer firefighter may not: (1) assume the office of executive of
the unit; or (2) become an elected member of the executive, legislative,
or fiscal body of the unit; that oversees the budget and operations of the
fire department in which the volunteer firefighter serves. Provides,
however, that an individual who holds an elected office of a unit may
also be appointed to and serve on a board, commission, or committee
of the unit, and that an employee of a unit or a volunteer firefighter
serving a unit is not prohibited from holding an elected office of
another unit. Allows an employee or a volunteer firefighter who
assumes or holds an elected office on January 1, 2013, to continue to
hold the office and be employed by the unit or continue to serve as a
volunteer firefighter until the expiration of the term of the elected
office that the employee or volunteer firefighter is serving on January
1, 2013.
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Local Government.
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A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Chapter 9. Government Employees and Volunteer Firefighters Holding Office
Sec. 1. As used in this chapter, "elected office" refers only to the offices of the following:
(1) The executive of a unit.
(2) A member of the legislative body or fiscal body of a unit.
Sec. 2. As used in this chapter, "government employee" refers to an employee of a unit. The term does not include an individual who holds only an elected office.
Sec. 3. As used in this chapter, "unit" means a county, city, town, or township.
Sec. 4. An individual who is serving as a volunteer firefighter may not assume an elected office of the unit that oversees the budget and operations of the fire department in which the
volunteer firefighter serves.
Sec. 5. Except as provided in section 7 of this chapter, an
individual is considered to have resigned as a government
employee when the individual assumes an elected office of the unit
that employs the individual.
Sec. 6. This chapter does not prohibit:
(1) a government employee from holding an elected office of
a unit other than the unit that employs the government
employee;
(2) a volunteer firefighter from assuming an elected office of
a unit other than the unit that oversees the budget and
operations of the fire department in which the volunteer
firefighter serves; or
(3) an individual who holds an elected office from also being
appointed to and serving on a board, commission, or
committee of the unit.
Sec. 7. (a) Notwithstanding sections 4 and 5 of this chapter:
(1) a volunteer firefighter who assumes or holds an elected
office on January 1, 2013, may continue to hold the elected
office and serve as a volunteer firefighter; and
(2) a government employee who assumes or holds an elected
office on January 1, 2013, may continue to hold the elected
office and be employed as a government employee;
until the term of the elected office that the volunteer firefighter or
government employee is serving on January 1, 2013, expires.
(b) After the expiration of the term of the elected office that the
volunteer firefighter referred to in subsection (a) is serving on
January 1, 2013, the volunteer firefighter is subject to section 4 of
this chapter with respect to serving as a volunteer firefighter and
holding an elected office of the unit that oversees the budget and
operations of the fire department in which the volunteer firefighter
serves.
(c) After the expiration of the term of the elected office that the
government employee referred to in subsection (a) is serving on
January 1, 2013, the government employee is subject to section 5
of this chapter with respect to being a government employee of a
unit and holding an elected office of the unit.
(1) An elected or appointed officer.
(2) An individual described in IC 20-26-4-11.
(b) Subject to IC 3-5-9, an employee of a political subdivision may:
(1) be a candidate for any elected office and serve in that office if elected; or
(2) be appointed to any office and serve in that office if appointed;
without having to resign as an employee of the political subdivision.
(b) Subject to IC 3-5-9, a city employee other than an elected or appointed public officer may:
(1) be a candidate for any elective office and serve in that office if elected; or
(2) be appointed to any office and serve in that office if appointed;
without having to resign as a city employee.
(1) be candidates for elective office and serve in that office if elected;
(2) be appointed to any office and serve in that office if appointed; and
(3) as long as they are not in uniform and not on duty, solicit votes and campaign funds and challenge voters for the office for which they are candidates.
(b) A leave of absence under subsection (a) shall be granted for service in the Indiana general assembly. A leave of absence under subsection (a) may also be granted for service in any other elected office or for one (1) of the following reasons:
(1) Sickness.
(2) Disability.
(3) Sabbatical purposes.
However, a leave of absence because of disability may not be granted to a member of the 1977 fund under this subsection unless a leave granted under subsection (g) has expired without disability benefits having been paid from the 1977 fund. In the case of such an expiration, a leave for purposes of disability may be granted under this subsection but only until the member's eligibility for disability benefits is finally determined.
(c) Before a leave of absence may be granted for sabbatical purposes, the member must submit a written request explaining and justifying the leave to the appointing authority. Sabbatical purposes must be related to the improvement of the member's professional performance and skills, such as education, special training, work related experience, and exchange programs.
(d) This subsection applies to leaves of absence granted under subsection (b)(1), (b)(2), or (b)(3). A leave of absence may extend for a period of not more than one (1) year, determined by the appointing authority, and may be renewed upon written request of the member.
(e) This subsection applies to leaves of absence granted for service in an elected office. A police officer or firefighter who serves in the general assembly shall be granted a leave for the time spent in this service, including the time spent for committee or legislative council meetings. Except as provided in IC 3-5-9, a police officer or firefighter who serves in any other elected office may be granted a leave for the time spent in this service. Leave for service in an elected office does not diminish a police officer's or firefighter's rights under the police officer's or firefighter's retirement or pension fund, except as provided in section 10 of this chapter, or advancement on the police officer's or firefighter's department salary schedule. For these purposes, the police officer or firefighter is, despite the leave, considered to be a member of the department during that time.
(f) This subsection applies to leaves of absence granted under subsection (b)(1), (b)(2), or (b)(3). A member on leave may receive compensation in an amount determined by the appointing authority, up to a maximum amount that equals the member's salary before the leave began.
(g) This subsection applies only to members of the 1977 fund. The local board may grant a leave of absence for purposes of disability to full-time, fully paid police officers or firefighters (including the police chief or fire chief). The leave is subject to the following conditions:
(1) The police chief or fire chief must make a written determination that there is no suitable and available work on the
appropriate department for which the fund member is or may be
capable of becoming qualified.
(2) The leave must be approved by the local board after a hearing
conducted under IC 36-8-8-12.7.
(3) The leave may not begin until the police officer or firefighter
has exhausted all paid leave for sickness.
(4) The leave shall continue until disability benefits are paid from
the 1977 fund. However, the leave may not continue for more
than six (6) months.
(5) During the leave, the police officer or firefighter is entitled to
receive compensation in an amount equal to fifty percent (50%)
of the salary of a first class patrolman or first class firefighter on
the date the leave begins.
Payments of compensation under this subsection may not be made from
the 1925 fund, the 1937 fund, the 1953 fund, or the 1977 fund.
(h) Determinations under subsection (g) are not reviewable by the
board of trustees of the public employees' retirement fund.
(i) This subsection applies to leaves of absence granted under
subsection (a) or (b). An appointing authority shall establish a policy
in writing that specifies whether a police officer or firefighter is
entitled, during a leave of absence, to participate in any promotional
process or earn seniority. A policy established under this subsection is
subject to a department's existing disciplinary procedures. An
appointing authority shall reinstate a police officer or firefighter
returning from a leave at the merit or permanent rank determined under
the policy established under this subsection. However, except as
otherwise provided by federal law, an appointing authority is not
required to reinstate a police officer or firefighter in the job that the
police officer or firefighter held at the time the police officer's or
firefighter's leave began.
(b) The sheriff may temporarily suspend an officer with or without pay for a period not exceeding fifteen (15) days, without a hearing
before the board, after preferring charges of misconduct in writing
delivered to the officer.
(c) A county police officer may not be dismissed, demoted, or
temporarily suspended because of political affiliation nor after the
officer's probationary period, except as provided in this section.
Subject to IC 3-5-9, an officer may:
(1) be a candidate for elective office and serve in that office if
elected;
(2) be appointed to an office and serve in that office if appointed;
and
(3) except when in uniform or on duty, solicit votes or campaign
funds for the officer or others.
(d) The board has subpoena powers enforceable by the circuit court
for hearings under this section. An officer on probation may be
dismissed by the sheriff without a right to a hearing.
(e) An appeal under subsection (a) must be taken by filing in court,
within thirty (30) days after the date the decision is rendered, a verified
complaint stating in a concise manner the general nature of the charges
against the officer, the decision of the board, and a demand for the
relief asserted by the officer. A bond must also be filed that guarantees
the appeal will be prosecuted to a final determination and that the
plaintiff will pay all costs only if the court finds that the board's
decision should be affirmed. The bond must be approved as bonds for
costs are approved in other cases. The county must be named as the
sole defendant and the plaintiff shall have a summons issued as in other
cases against the county. Neither the board nor the members of it may
be made parties defendant to the complaint, but all are bound by
service upon the county and the judgment rendered by the court.
(f) All appeals shall be tried by the court. The appeal shall be heard
de novo only upon any new issues related to the charges upon which
the decision of the board was made. Within ten (10) days after the
service of summons, the board shall file in court a complete written
transcript of all papers, entries, and other parts of the record relating to
the particular case. Inspection of these documents by the person
affected, or by the person's agent, must be permitted by the board
before the appeal is filed, if requested. The court shall review the
record and decision of the board on appeal.
(g) The court shall make specific findings and state the conclusions
of law upon which its decision is made. If the court finds that the
decision of the board appealed from should in all things be affirmed,
its judgment should so state. If the court finds that the decision of the
board appealed from should not be affirmed in all things, then the court
shall make a general finding, setting out sufficient facts to show the
nature of the proceeding and the court's decision on it. The court shall
either:
(1) reverse the decision of the board; or
(2) order the decision of the board to be modified.
(h) The final judgment of the court may be appealed by either party.
Upon the final disposition of the appeal by the courts, the clerk shall
certify and file a copy of the final judgment of the court to the board,
which shall conform its decisions and records to the order and
judgment of the court. If the decision is reversed or modified, then the
board shall pay to the party entitled to it any salary or wages withheld
from the party pending the appeal and to which the party is entitled
under the judgment of the court.
(i) Either party shall be allowed a change of venue from the court or
a change of judge in the same manner as such changes are allowed in
civil cases. The rules of trial procedure govern in all matters of
procedure upon the appeal that are not otherwise provided for by this
section.
(j) An appeal takes precedence over other pending litigation and
shall be tried and determined by the court as soon as practical.
