Section 36-8-3.5-5 - Request to establish system; referendum(a) A majority of the active members of the department, by referendum under section 4 of this chapter, may request the:(1) unit's legislative body; or(2) governing board; to establish a merit system for the department.
(b) The unit's legislative body or the governing board shall vote on the request within sixty (60) days after the request is filed with the following: (1) In the case of a unit: (A) the clerk of the legislative body of a county or a municipality; or(B) the executive of a township.(2) In the case of a district or territory, the governing board.(c) If the unit's legislative body votes to grant the request, the legislative body shall adopt an ordinance or resolution establishing a merit system under this chapter. If the governing board votes to grant the request, the governing board shall adopt a resolution establishing a merit system under this chapter. A copy of the ordinance or resolution shall be distributed to each active member of the department, and another referendum under section 4 of this chapter is required before the merit system takes effect.(d) If the unit's legislative body or a governing board votes to deny the request, the request may not be resubmitted to the legislative body or governing board for one (1) year. Before the request may be resubmitted, another referendum under section 4 of this chapter must be held.Local Government Recodification Citation: New.
Amended by P.L. 207-2023,SEC. 12, eff. 7/1/2023.As added by Acts1981 , P.L. 316, SEC.1. Amended by P.L. 180-2002, SEC.4.