Ind. Code § 36-8-3.5-6 – Merit commission; establishment; appointment of members; qualifications; oath

(a) A merit commission consisting of five (5) commissioners shall be established for:
1. (1) each department of a unit;
2. (2) a district; or
3. (3) a territory;
  having a merit system.
(b) The commissioners of a unit are:
1. (1) two (2) persons, who must be of different political parties, appointed by the unit's executive;
2. (2) one (1) person appointed by the unit's legislative body; and
3. (3) two (2) persons, who must be of different political parties, elected by the active members of the department.
  Notwithstanding IC 36-1-8-10 , political affiliation shall be determined through the voters' registration records of the three (3) most recent primary elections.
(c) The commissioners of a district or territory are:
1. (1) the members of the governing board; and
2. (2) two (2) persons, who must be of different political parties, elected by the active members of the department.
  Notwithstanding IC 36-1-8-10 , the political affiliation of the persons appointed under subdivision (2) shall be determined through the voters' registration records of the three (3) most recent primary elections.
(d) This subsection does not apply to a commissioner who is a member of the governing board of a district or territory. A commissioner must have been a legal resident of the unit, district, or territory for three (3) consecutive years immediately preceding the commissioner's term and must be a person of good moral character. The unit's legislative body may, upon the recommendation of the safety board, determine a per diem to be paid to each commissioner for each day of actual service for the commission. The governing board may determine a per diem to be paid to each commissioner appointed under subsection (c)(2) for each day of actual service for the commission. A commissioner must be at least twenty-one (21) years of age. A commissioner may not be an active member of a police or fire department or agency and not more than two (2) of the commissioners may be past members of a police or fire department or agency. In addition, a person may not serve on the commission if the person receives any remuneration as salary from the unit.
(e) Each commissioner shall take an oath of office to conscientiously discharge the commissioner's duties. A signed copy of the oath shall be filed with the safety board of a unit or the governing board.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.185-1988, SEC.4; P.L.207-2023, SEC.14.