Signed by Governor Eric Holcomb

Vote Smart's Synopsis:

Vote to adopt a conference report and pass a bill that establishes a merit system for police and fire departments.

Highlights:

• Specifies that ‘commission’ refers to the merit commission for a merit system established under this chapter (Sec. 3).

• Specifies that ‘department’ refers to the police department of a unit, the fire department of a unit, or a district or territory (Sec. 4).

• Specifies that the ‘governing board’ refers to the following (Sec. 6):

• In the case of a fire protection district, the appointed board of fire trustees;

• In the case of fire protection territory, the body or board delegated the responsibilities of overseeing hiring and discipline of the members of the department.

• Authorizes the governing board to establish a merit system by resolution (Sec. 9).

• Requires that the merit system be approved by a majority of the active members of the department in a referendum before it takes effect (Sec. 9).

• Requires that the governing body specifies in the adopting resolution which provisions are being adopted that are applicable to the district or territory and are left to the governing board’s discretion (Sec. 9).

• Requires that the merit system has a provision where the commission has at least 1/3 of its members elated by the active full-time members of the department (Sec. 9).

• Specifies that a police department or fire department is eligible if it has at least 12 active full-time paid members and provides service to a geographic area with a resident population of at least 20,000 (Sec. 13).

• Establishes a merit system, effective January 1, 2025, for each eligible department that does not have a merit system (Sec. 13).

• Authorizes each eligible department without a merit system to adopt a resolution, not later than December 31, 2024, that rejects the establishment of a merit system (Sec. 13).

• Requires the following to apply to the merit system (Sec. 13):

• Considered to be established by the ordinance or resolution that adopts all the provisions applicable to the establishing unit, district, or territory;

• No later than March 1, 2025, a merit commission be appointed to establish policies based on the merit for the appointment and dismissal of members of the department.

• Authorizes the merit system to be amended by legislative body, governing body or a resolution after January 1, 2025 (Sec. 13).

• Authorizes a merit system to be dissolved by following the same procedure for establishing or rejecting a merit system (Sec. 13).

• Specifies that the commissioners of a district or territory are the members of the governing board or territory and two people from different political parties who are elected by active members of the department (Sec. 14).

• Authorizes the governing board to determine a per diem to be paid to each commissioner appointed for each day of actual service for the commission (Sec. 14).

• Specifies that a commissioner who is a member of the governing board serves on the commission board until they cease to be a member of the governing board (Sec. 15).

• Specifies that the term of a commissioner elected by the department is 4 years, however, the initial term of 1 of the commissioners elected by the department is for a term of 2 years (Sec. 15).

• Prohibits commissioners for a territory or district who are members of the governing board from receiving a per diem, but allows them to receive compensation for expenses gathered while performing their commissioner duties (Sec. 17).

• Requires that within 10 days of a hearing, the proposed rules to be put on file in the case of a district or territory, in the office of the (Sec. 18):

• County legislative body of each county in which the district or territory is located;

• Governing body;

• Clerk of each city or town and the executive of each township that is located in, or is part of the district or territory, for inspection by residents.

Full Bill Text