Ind. Code § 36-8-3.5-18 – Appeal to court; suspension or dismissal; precedence

(a) A member who is aggrieved by a decision of the commission to suspend the member for a period greater than ten (10) calendar days, demote the member, or dismiss the member may appeal to the circuit or superior court of the county in which the unit is located.
(b) The appeal shall be made according to the Indiana rules of trial procedure with the following exceptions:
1. (1) The verified appeal must be filed within thirty (30) days after the date of the board's decision.
2. (2) The unit shall be named as the sole defendant.
3. (3) The unit is assumed to have denied the allegations without filing a responsive pleading.
4. (4) The plaintiff must file a bond at the time of filing the complaint conditioned on the plaintiff prosecuting the appeal to a final determination and paying the court costs incurred in the appeal.
5. (5) Within thirty (30) days after the service of summons the commission shall file in court a complete transcript of all papers, entries, and other parts of the record relating to the case.
(c) The appeal takes precedence over other litigation pending before the court.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.127-2017, SEC.234.