Local Government
Chesterton Town Code

Chapter 21
POLICE

Art. I. In General, 21-1 - 21-15

Art. II. Metropolitan Board of Police Commissioners, 21-16 - 21-30

Art. III. Police Reserves, 21-31 - 21-35

ARTICLE I. IN GENERAL

Sec. 21-1. Management and control of Department.
 The operation and management of the Town Police Department shall be governed by provisions of the State law applicable to the management and control of Metropolitan Police Departments.

Sec. 21-2. Mandatory retirement age.

A.  All Police Officers hired and employed by the Town after the effective date of Ordinance 77-4 shall retire upon reaching the age of sixty years (60).

B.  All Police Officers of the Town employed as of March 28, 1977 who shall have completed twenty (20) years of active service as Police Officers in the Town, under the Metropolitan Police Pension Fund, so as to be eligible to receive a pension, such eligibility having been attained prior to reaching the age of sixty (60) years, shall retire upon attaining the age of sixty (60) years.

C.  In the event any Police Officer employed by the Town as of March 28, 1977 who is a member of the Metropolitan Police Pension Fund, shall not have served twenty (20) years of active service so as to be eligible for a pension from such pension fund, shall be allowed to complete twenty (20) years of active service so as to be eligible for a pension, and shall retire upon attaining twenty (20) years of active service.

D.  This section shall not contradict nor avoid any other requirements of the Indiana Code with regard to eligibility for service as a Police Officer, including, but not limited to, ability to perform duties as a Police Officer of the Town.

Sec. 21-3. Fee for video taped information.

A.  The Police Department shall hereafter charge a fee of fifty dollars ($50.00) to provide a copy of videotape that was taken by the Police Department involving an incident or accident, traffic arrest, and any other type of traffic enforcement for which there is videotape taken by the Police Department. The fifty-dollar ($50.00) fee is to be charged for each incident or each tape. In the event that the same incident or accident involves two (2) separate tapes, the charge shall be fifty dollars ($50.00) for each tape. The person or party requesting a copy of such tape or tapes shall be responsible for providing a blank tape or tapes for copying and reproduction purposes.

B.  All fees received by the Police Department for said reproduction of video tapes shall be deposited in a separate account to be known as the "Law Enforcement Continuing Education Fund" and may be expended by the discretion of the Chief Administrative Officer of the Department for any department purpose reasonably related to keeping of incident or accident reports and records or traffic enforcement pursuant to I.C. 9-29-11-1(b)(3) and any future amendments thereto.

Secs. 21-4 - 21-15. Reserved.

ARTICLE II. METROPOLITAN BOARD OF POLICE COMMISSIONERS

Sec. 21-16. Created.
Pursuant to the referendum of May 2, 1967, and in accordance with IC 36-8-9-1 et seq., the Town Council herein establishes a Metropolitan Board of Police Commissioners.

Sec. 21-17. Title, composition.
 The Board of Police Commissioners created by this article shall be identified as the Chesterton Board of Police Commissioners, which Board shall consist of three (3) members to be appointed by the Town Council.

Sec. 21-18. Qualifications.
 The Commissioners appointed pursuant to this article shall be of good character and shall be legal residents of the Town and not more than two (2) of the Commissioners shall be of the same political party.

Sec. 21-19. Terms; filling of vacancies.
 Upon the expiration of the terms of the initial members, the successors of such members of the Board of Police Commissioners shall be elected, as aforesaid, for a three (3) year term. Any vacancy occurring during a term of office shall be filled by the majority vote of the Town Council by a replacement member who shall serve out the term of the member whose office has become vacant and such replacement member shall be affiliated with the same political party as that of the member whose office was vacated.

Sec. 21-20. Compensation.
 Each member of the Board of Police Commissioners shall be compensated at the rate as set by the Town Council from time to time for his services as a member of such Board, payable monthly out of the treasury of the Town.

Sec. 21-21. Oath.
 Each Commissioner before entering upon his duties shall take and subscribe to an oath before the Clerk of the Circuit or Superior Court of the county, as prescribed under IC 36-8-9-3.

Sec. 21-22. Bond.
 Each Commissioner, before entering upon his duties, shall give bond in the penal sum of five thousand dollars ($5,000.00), payable to the State, conditional upon the faithful and honest discharge of his duties, which bond shall be approved by the Town Council .

Sec. 21-23. To appoint Chief of Police.
 The Board of Police Commissioners shall appoint one (1) person to serve as Chief of the Police force.

Sec. 21-24. Appointment of employees.
 The Board of Police Commissioners shall have the power to appoint such other employees as are necessary to carry on the work of the Police Department.

Sec. 21-25. Compensation of Police Department members.
 The Commissioners shall recommend to the Town Council who shall fix and determine the compensation to be paid members of the Police Department, so long as compensation is just and reasonable and in compliance with the laws of the State of Indiana.

Sec. 21-26. Suspension or removal of Police Department members.
 The Board of Police Commissioners shall have the authority to suspend or remove any person or persons from the Police Department, if in accordance with IC 36-8-9-4, 36-8-3-4 and 36-8-3-4.1 and any future amendments.

Sec. 21-27. Removal of Commissioners.
 Each Commissioner shall be subject to removal from office by the Town Council for any cause the Town Council deems sufficient.

Secs. 21-28 - 21-30. Reserved.

ARTICLE III. POLICE RESERVES

Sec. 21-31. Establishment of Police Reserves.
 The Police Reserve Unit is hereby established that is limited to a maximum of fifteen (15) members, to be appointed by the Metropolitan Board of Police Commissioners with the approval of the Town Council.

Sec 21-32. Benefits.

A.  That to the extent sums of money for benefits are appropriated by the Town Council, Police Reserves may:

     1.  Receive a uniform allowance;

     2.  Receive compensation for time lost from other employment because of court appearances;

     3.  Be insured for life, accident and sickness coverage; and

     4.  A Police Reserve may be covered by medical treatment and burial expense provisions of the Workers' Compensation Law (IC 22-3-2 through IC 22-3-6) and the Workers' Occupational Disease Law (IC 22-3-7). If compensability is at issue, the administrative procedures of IC 22-3-2 through IC 22-3-6 and IC 22-3-7 shall be used to determine the issue.

B.  Police Reserves are not eligible to participate in any pension program provided for regular members of the Department.

Sec. 21-33. Training and probationary period.
 A Police Reserve Officer may not be appointed until he has completed the training and probationary period specified by rules of the Police Department.

Sec. 21-34. Prohibition of powers.
 A Police Reserve Officer may not make an arrest, conduct a search or seizure of a person or property, or carry a firearm, unless the Police Reserve Officer successfully completes a pre-basic course under IC 5-2-1-9(f).

Sec. 21-35. Rules and regulations governing.
 The Metropolitan Board of Police Commissioners shall promulgate and establish rules and regulations of the Police Department concerning Police Reserves.