ILNews

COA rules on fire department consolidation demotions

Back to TopCommentsE-mailPrintBookmark and Share

Ruling on a case about fire department consolidation in Indianapolis, the state’s second highest appellate court has given police and fire merit commissions the same power as related safety and disciplinary boards as to how far they can go in restructuring police and fire positions.

The court issued a decision in Jeff Castetter, Tony Jones, David Strode and Matthew Hickey v. Lawrence Township, No. 49A05-1105-PL-249, arising out of a Marion Superior Court action involving the mid-2010 discussion in Lawrence Township of merging the township fire department with the Indianapolis Fire Department.

Before any merger could happen, the Lawrence department had to adjust its officer ranks because Indianapolis was only willing to accept a certain number of captains and lieutenants in the merger and no battalion chiefs. At the time, Lawrence Township had 10 of those battalion chiefs and the township fire department’s merit commission was tasked with modifying those ranks to conform with the proposed merger structure. At a public meeting in July 2010, the commission announced that a previous April 2007 rule amendment didn’t comply with the state statutes on public notice and comment, and therefore was rescinded. That meant the township had no merit battalion chiefs and anyone promoted under those “invalid provisions” adopted in 2007 would be reverted to their previous rank.

At the same July 2010 meeting, the commission turned to the merger and determined the township could no longer afford the local fire department and decided to restructure the officer ranks in order to move forward with a merger – which happened Jan. 1, 2011. None of the appellants in this case retained their positions, and they appealed the commission’s decision on grounds that the action was illegal, arbitrary, capricious and invalid.

Both sides filed summary judgment motions and the trial court granted the Lawrence Township motion, leading to this appeal about merger demotions.

In Indiana, the merit commission discipline statute of Indiana Code 36-8-3 dictates how those panels must handle notice and hearings before any suspensions, demotions or dismissals can happen. None of those statutorily required procedures took place here. Lawrence Township argued it wasn’t bound by those rules because the officers were demoted for economic reasons and fell under an “economic exception” to the disciplinary statute.

State courts going back to 1918 recognized an exception to the necessity of due process procedures required in police and firefighter discipline, and that exception has to do with whether the personnel action is considered “person-directed” or “position-directed.”

The court has determined those statutory requirements apply to the person-directed action before any termination or discipline can occur, but those protections do not apply to the more general position-specific changes as happened in this Lawrence Township Fire Department case.

“Although (past holdings) … concern the notice and hearing provisions of IC 36-8-3-4, which is the discipline statute applicable to safety boards, we hold that this exception extends to merit commissions as well,” Judge L. Mark Bailey wrote.

The appellate panel found the trial court didn’t err in granting Lawrence Township’s motion for summary judgment, and that the position-directed decisions were made in good faith and not for the purpose of demoting the appellants for cause, politics or any other reason.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

ADVERTISEMENT