§ 34.30. VARIANCE FROM MERIT LAW.

In accordance with IC 36-8-3.5-3(b), the Common Council hereby specifies that the rules and regulations adopted by the Commission may vary from those specified in the merit law in the following particulars:

(A) The length of time for the effectiveness of any eligibility or promotional list may be reduced from the maximum of two years or until it is decertified;

(B) The Commission may alter the order of hiring process events to fit the Department’s needs;

(C) The Commission may allocate a percentage (not greater than one-third) of new hires to be selected by the Chief from a certified eligibility list regardless of rank order based on the needs of the Department and other criteria established by the Commission;

(D) The Commission may extend the probationary period of any member of the Department by an additional six months at the request of the Chief;

(E) Performance ratings shall be performed no less frequently than on an annual basis;

(F) The Chief shall be empowered to make acting and temporary appointments to ranks and positions within the Department;

(G) (1) The merit ranks of the Department shall include only the following:

(a) Captain;

(b) Lieutenant; and

(c) Firefighter.

(2) The rank of Battalion Chief shall be an upper level policymaking appointed (non-merit) position, subject to appointment by the executive of the city. The position of Assistant Chief and/or Executive Officer may be appointed at the pleasure of the Chief but shall not constitute a separate rank or grade within the Department;

(H) Before becoming eligible for promotion to Captain, a member of the Department shall have served at least two years at the rank of Lieutenant with the Department. Before becoming eligible for promotion to Lieutenant, a member of the Department shall have served at least five years at the rank of firefighter with the Department;

(I) Notwithstanding IC 36-8-3.5-11, any individual appointed by the executive of the city to serve as Chief of the Department is not required to be appointed from the members of the Department; however, in addition to the requirements of applicable law, the individual appointed Chief must have at least ten years’ service with a full-time paid fire department or agency.

(Ord. 10, 2008, passed 12-1-08)