Indiana § 36-8-4-12 - Probationary appointments

§ 36-8-4-12. Probationary appointments

Sec. 12. The safety board may provide that all appointments to the police or fire department are probationary for a period not to exceed one (1) year. If the safety board finds, upon the recommendation of the chief of the department during the probationary period, that the conduct or capacity of a member is not satisfactory, the safety board shall notify the member in writing that the member is being suspended or that the member will not receive a permanent appointment. If a member is notified that the member will not receive a permanent appointment, the member's employment immediately ceases. Otherwise, at the expiration of the probationary period, the member is considered regularly employed.

As added by P.L.361-1983, SEC.2. Amended by P.L.127-2017, SEC.239.

IC 36-8-4.3Chapter 4.3. Police and Fire Employment Policies in Special Service Districts

36-8-4.3-1Application of chapter 36-8-4.3-2Payment of line of duty health care expenses of police and firefighters 36-8-4.3-3Member residency

IC 36-8-4.3-1Application of chapter Sec. 1. This chapter applies to a police or fire special service district created by IC 36-3-1-6.

As added by P.L.150-2002, SEC.1.

IC 36-8-4.3-2Payment of line of duty health care expenses of police and firefighters Sec. 2. (a) The following definitions apply throughout this section:

(1) "Firefighter" means a current or former full-time, paid firefighter.

(2) "Police officer" means a current or former full-time, paid police officer.

(b) A special service district shall pay for the care of:

(1) a police officer who:

(A) suffers an injury; or

(B) contracts an illness;

during the performance of the police officer's duty; or

(2) a firefighter who:

(A) suffers an injury; or

(B) contracts an illness;

during the performance of the firefighter's duty.

(c) The special service district shall pay for the following expenses incurred by a police officer or firefighter described in subsection (b):

(1) Medical and surgical care.

(2) Medicines and laboratory, curative, and palliative agents and means.

(3) X-ray, diagnostic, and therapeutic service, including during the recovery period.

(4) Hospital and special nursing care if the physician or surgeon in charge considers it necessary for proper recovery.

(d) Expenditures required by subsection (b) or (c) shall be paid from the general fund of the special service district.

(e) A special service district that has paid for the care of a police officer or firefighter under subsection (b) or (c) has a cause of action for reimbursement of the amount paid under subsection (b) or (c) against any third party against whom the police officer or firefighter has a cause of action for an injury sustained because of, or an illness caused by, the third party. The special service district's cause of action under this subsection is in addition to, and not in lieu of, the cause of action of the police officer or firefighter against the third party.

(f) The medical benefits under this section are independent and distinct from any medical benefits that are available under IC 22-3. A police officer or firefighter may recover medical benefits under this section without first pursuing a claim for medical benefits under IC 22-3. If the police officer or firefighter pursues a claim for medical benefits under IC 22-3 and the claim is withdrawn or denied, the police officer or firefighter is not precluded from recovering medical benefits under this section.

As added by P.L.150-2002, SEC.1. Amended by P.L.118-2026, SEC.15.

IC 36-8-4.3-3Member residency Sec. 3. A police officer or firefighter who is a member of the police or fire department of a special service district is not subject to residency requirements but must:

(1) have adequate means of transportation into the jurisdiction served by the member's department; and

(2) maintain telephone service to communicate with the department.

As added by P.L.122-2023, SEC.24.

IC 36-8-4.5Chapter 4.5. Town Police and Fire Employment Policies

36-8-4.5-1Application 36-8-4.5-2Chapter inapplicable to volunteer fire department 36-8-4.5-3"Member of a town fire department" 36-8-4.5-4Member residency 36-8-4.5-5Repealed 36-8-4.5-6Repealed 36-8-4.5-7Repealed 36-8-4.5-8Repealed 36-8-4.5-9Use of department vehicles 36-8-4.5-10Care of a member of a town fire department injured or contracting illnesses as a result of performance of duties

IC 36-8-4.5-1Application Sec. 1. This chapter applies to the following:

(1) A member of a town police department under IC 36-5-7 or IC 36-8-9.

(2) A member of a town fire department.

As added by P.L.65-2008, SEC.2.

IC 36-8-4.5-2Chapter inapplicable to volunteer fire department Sec. 2. This chapter does not apply to a volunteer fire department under IC 36-8-12.

As added by P.L.65-2008, SEC.2.

IC 36-8-4.5-3"Member of a town fire department" Sec. 3. As used in this chapter, "member of a town fire department" does not include a volunteer firefighter under IC 36-8-12-2.

As added by P.L.65-2008, SEC.2.

IC 36-8-4.5-4Member residency Sec. 4. A member of a town police or fire department is not subject to residency requirements but must:

(1) have adequate means of transportation into the jurisdiction served by the member's department; and

(2) maintain telephone service to communicate with the department.

As added by P.L.65-2008, SEC.2. Amended by P.L.171-2019, SEC.13; P.L.122-2023, SEC.25.

IC 36-8-4.5-5RepealedAs added by P.L.65-2008, SEC.2. Repealed by P.L.122-2023, SEC.26.

IC 36-8-4.5-6RepealedAs added by P.L.65-2008, SEC.2. Repealed by P.L.122-2023, SEC.27.

IC 36-8-4.5-7RepealedAs added by P.L.65-2008, SEC.2. Repealed by P.L.122-2023, SEC.28.

IC 36-8-4.5-8RepealedAs added by P.L.65-2008, SEC.2. Repealed by P.L.122-2023, SEC.29.

IC 36-8-4.5-9Use of department vehicles Sec. 9. Members of the police and fire departments may not use vehicles owned or maintained by their department outside the county in which the town is located except:

(1) during the performance of official duties; or

(2) as provided for by department regulation.

As added by P.L.65-2008, SEC.2.

IC 36-8-4.5-10Care of a member of a town fire department injured or contracting illnesses as a result of performance of duties Sec. 10. (a) A town shall pay for the care of a current or retired full-time paid member of a town fire department who suffers an injury while performing the person's duty or while the person is on duty or who contracts illness caused by the performance of the person's duty, including an injury or illness that results in a disability or death presumed incurred in the line of duty under IC 5-10-13. This care includes:

(1) medical and surgical care;

(2) medicines and laboratory, curative, and palliative agents and means;

(3) x-ray, diagnostic, and therapeutic service, including during the recovery period; and

(4) hospital and special nursing care if the physician or surgeon in charge considers it necessary for proper recovery.

(b) Expenditures required by subsection (a) shall be paid from the general fund of the town.

(c) A town that has paid for the care of a member of a town fire department under subsection (a) has a cause of action for reimbursement of the amount paid under subsection (a) against any third party against whom the member of the town fire department has a cause of action for an injury sustained because of or an illness caused by the third party. The town's cause of action under this subsection is in addition to, and not in lieu of, the cause of action of the member of the town fire department against the third party.

(d) The medical benefits under this section are independent and distinct from any medical benefits that are available under IC 22-3. A current or retired full-time paid member of a town fire department may recover benefits under this section without first pursuing a claim for medical benefits under IC 22-3. If a current or retired full-time paid member of a town fire department pursues a claim for medical benefits under IC 22-3 and the claim is withdrawn or denied, the current or retired full-time paid member of the town fire department is not precluded from recovering medical benefits under this section.

As added by P.L.118-2026, SEC.16.

IC 36-8-4.7Chapter 4.7. Employment of Veterans as Public Safety Officers

36-8-4.7-1Application of chapter 36-8-4.7-2"Appointing authority" 36-8-4.7-3"Armed forces" 36-8-4.7-4"Veteran" 36-8-4.7-5Waiver of maximum age for appointment to police or fire department; waiver requirements; 1977 fund membership

IC 36-8-4.7-1Application of chapter Sec. 1. This chapter applies after June 30, 2016, to an appointing authority of a police department or a fire department.

As added by P.L.115-2016, SEC.3.

IC 36-8-4.7-2"Appointing authority" Sec. 2. As used in this chapter, "appointing authority" means:

(1) the chief executive officer, board, or other entity of a police department with authority to appoint and hire a member of the police department; or

(2) the chief executive officer, board, or other entity of a fire department with authority to appoint and hire a member of the fire department.

As added by P.L.115-2016, SEC.3.

IC 36-8-4.7-3"Armed forces" Sec. 3. As used in this chapter, "armed forces" means the active and reserve components of the following:

(1) The United States Army.

(2) The United States Navy.

(3) The United States Air Force.

(4) The United States Marine Corps.

(5) The United States Space Force.

(6) The United States Coast Guard.

(7) The Indiana National Guard.

As added by P.L.115-2016, SEC.3. Amended by P.L.238-2025, SEC.93.

IC 36-8-4.7-4"Veteran" Sec. 4. As used in this chapter, "veteran" means an individual who has served or is serving in the armed forces.

As added by P.L.115-2016, SEC.3.

IC 36-8-4.7-5Waiver of maximum age for appointment to police or fire department; waiver requirements; 1977 fund membership Sec. 5. (a) Notwithstanding any contrary law, an appointing authority shall waive any age restriction for a person not more than forty (40) years and six (6) months of age that applies to the appointment and hiring of an individual as:

(1) a member of the police department; or

(2) a member of the fire department;

if the individual meets the requirements of subsection (b).

(b) An individual who meets all the following requirements is entitled to the waiver described in subsection (a):

(1) On the date the individual applies to be appointed and hired as:

(A) a member of the police department; or

(B) a member of the fire department;

the individual is a veteran who has completed at least twenty (20) years of military service.

(2) The individual received or is eligible to receive a discharge from the armed forces of the United States under conditions other than conditions set forth in IC 10-17-12-8.1(2).

(3) The individual meets all other requirements for appointment and hiring as:

(A) a member of the police department; or

(B) a member of the fire department;

including all physical requirements.

(c) An individual who is entitled to the waiver described in subsection (a) is eligible to become a member of the 1977 fund.

As added by P.L.115-2016, SEC.3. Amended by P.L.238-2025, SEC.94; P.L.94-2026, SEC.88.

IC 36-8-5Chapter 5. Police and Fire Leaves of Absence

36-8-5-1Application of chapter 36-8-5-2Leaves of absence; authorization; duration; renewal; compensation 36-8-5-3Military service; temporary leave of absence 36-8-5-4Military leaves; overtime to cover vacancies 36-8-5-5Military leaves; use of temporary employees to cover vacancies 36-8-5-6Military leaves; salary appropriations for absent employees 36-8-5-7Military leaves; pension considerations 36-8-5-8Reinstatement after termination of military service 36-8-5-9Evidence of member's death 36-8-5-10Credit for time spent on leave