CHAPTER 43: PUBLIC SAFETY LAW ENFORCEMENT PERSONNEL POLICY

This section applies only to the City of Auburn POLICE Department (Law Enforcement Personnel), excluding civilians. Law Enforcement Personnel are also covered under additional provisions in Section 40.00

If there is a conflict between Section 40.00 and this Section, this section will control.

A preference in employment in Law Enforcement shall be given according to the following priority:

1)	A war veteran who has been honorably discharged from the United States armed forces
2)	A person whose mother or father who died in the line of duty (see IC 5-10-10-2) and was a:

a.	Firefighter of a unit,
b.	Municipal police officer
c.	County police officer, or
d.	Other public safety officers.

A person may not be considered within the preferences described herein unless the person applies for employment according to the application procedure, meets all employment requirements as prescribed by law, including physical, and age requirements; and all employment requirements prescribed by the police department.

The police chief is the head of the Police Department, but is at all times subordinate to the Mayor.

Subject to the rules and orders of the Board of Works and Safety, in time of an emergence, the police chief is subordinate to the Mayor and shall obey his/her orders and directions, notwithstanding any law or rule to the contrary (IC 36-8-4-10)

43.01 WORKING HOURS

A) POLICE OFFICERS STANDARD WORK PERIOD

1) The basic work period for Police Personnel is a 28 day schedule as established by the Board of Public Works and Safety. In that 28 consecutive day work period, if more than 171 hours are worked, the employee is entitled to one and a half times his or her regular rate. All categories of benefit days are considered workdays in calculating the 171 hours worked. [See annual Salary Ordinance]

2) All Police Officers shall be allowed to exchange working time subject to departmental rules and regulations. All exchanges in working times shall be approved by the Road Lieutenant, Captain, and/or Chief, prior to the scheduled work time.

B) LUNCH BREAK

The Police personnel’s lunch break shall be one-half hour paid time subject to call out.

43.02 COMPENSATION

A) POLICE OFFICERS’ OVERTIME

Anytime between the officers' normal work schedule and one hundred seventy-one (171) hours per twenty-eight (28) day schedule will be regular time, not time and a half. All categories of benefit days are considered as workdays in calculating the one hundred seventy-one (171) hours worked. Any overtime must be approved by the Shift Command, Road Lieutenant, Captain, and/or Chief.

B) POLICE DEPARTMENT HOLIDAY PAY

1) This applies to all full time police officers.

2) Those police officers whose regular work schedule falls on a holiday will receive an optional day of leave for said holiday.

3) Optional holiday time shall be taken at a time mutually agreed upon by the officer and the Chief of Police.

4) Optional holiday time should be-arranged or at least two days in advance unless an emergency arises and said time is approved by the Chief of Police and/or his designee.

43.03 LEAVES

(See CODE SECTION 40.00 for general information on leaves)

A) POLICE VACATION

1) During subsequent years of continuous full time employment, the employee will receive paid vacation leave as follows:

Complete Years of Service
1-4 years 12 working days
5-9 years 14 working days
10-14 years 16 working days
15-Plus 20 working days

2) Vacation leave shall be on-duty days commencing at the end of the probationary year.

3) Vacation leave will be granted at a time which is mutually acceptable to the employee and the Police Chief. No vacations shall be scheduled over any special events as designated by the Police Chief or his designee.

4) Vacation time must be taken in a minimum of four hour increments.

5) Exempt (salary) employees will take vacation in full day or week increments (see Code Section 40.35)

B) SICK / INJURY LEAVE

1)	Any full-time police officer who may be hurt, injured, or sick shall receive full pay and benefits supplied by the City of a period up to, but not more than, one (1) year.

·	Sick leave of more than three (3) consecutive working days (or starting with the 4^th day) shall be reported to the human resources director for FMLA purposes.

2) Any sick leave in excess of ten (10) scheduled working days is subject to approval of the Police Chief and the Board of Public Works and Safety. The following regulations are required:

a) Each member will be responsible for reporting their inability to report for duty, prior to their normal starting time to the officer in charge.

b) At the time of said reporting, each member will give a brief description of why they are unable to report as scheduled, the name of the attending physician, and the estimated date to return to work.

c) Any time a member is able to return to their normal fory hour, they shall provide a medical return to work form provided by their physician. This form is required for any person on a 5/2 5/3 scheduled shift that is off for more than three (3) working days or any forty (40) hour personnel off for more than three (3) working days.

d) The department or Board of Public Works and Safety may send a member to a physician of the city’s choice at any time at the department’s expense.

e) The department may require the member’s job classification.

Employees will receive regular pay for any work week.

C) PERSONAL LEAVE

1) Personal leave time for full time employees can be accumulated and is available to use the week after the pay period in which it is awarded.

2) New employees shall have a waiting period of ninety (90) days before they are eligible for personal leave pay, although the calculation of personal leave time will begin with their first full week of employment.

3) The request for personal time to be taken must be made by the employee to his/her Department Head prior to the workday to be taken. Unforeseen circumstances or emergency time off shall be documented with the supervisor as soon as practical.

4) Non-exempt (hourly) – Full Time

a) Non-exempt (hourly) employees working a minimum 40-hour workweek will be awarded one (1) hour of personal leave time for that week.

b) Benefit days count as paid time to meet the minimum of 40 hours toward award of personal time.

c) Any week(s) the non-exempt (hourly) full time employee has lost time no personal time will be awarded.

d) Non-exempt (hourly) employees may take personal time in one (1) hour increments at a minimum.

5) Exempt (Salary) – Full Time

a) Exempt (salary) full time employees will receive (6) days of personal leave time each calendar year.

b) Exempt (salary) full time employees will receive regular pay for any work week whereas a personal day has been taken.

D) POLICE OFFICERS DISABILITY LEAVE

(See IC 36-8-6-8 or IC 36-8-8 for Disability Leave)

E) POLICE BEREAVEMENT LEAVE

In the event of a death in the immediate family, a police officer will receive up to three working days leave with regular pay and hours. Additional days may be granted with department head approval.

43.04 BENEFITS

A) WORKERS COMPENSATION INSURANCE

1) The City of Auburn will provide Workers Compensation as prescribed by law for all full time law enforcement personnel and reserves. All accidents, on-the- job injuries, or near misses must be reported and proper forms completed and filed according to guidelines set forth in Code Section 40.08 (Section 1.8).

2) Police Department see IC 36-8-8 and IC 36-8-6-8 as may be amended.

3) Police Reserve Personnel see IC 22-3-2 through IC 22-3-6.

B) POLICE OFFICERS’ PENSION

1) Law Enforcement is covered by one of two different Police Pension Funds. One applies to officers hired prior to May 1, 1977 (1925 Police Pension Fund), and the other applies to officers hired on or after May 1, 1977. Also those in the old system may have converted to the new system. For details, refer to IC 36-8-6 and IC 36-8-8 as may be amended by the state.

2) Police department personnel not covered under Police Pension will be covered by the civilian public employer retirement fund (PERF). See CODE SECTION 41.04 (Section 4.4) Benefits (B.1. a-e).

43.05 DISCIPLINARY ACTION, DISMISSAL & APPEAL PROCEDURES

POLICE OFFICERS

Disciplinary action, dismissal and appeal procedures for Police Officers are specifically outlined in IC 36-8-3-4 and IC 36-8-3-4.1. Copies of these statutes are available upon request.

43.06 DEATH BENEFITS/ POLICE

All persons entitled to receive benefits under Indiana Code 36-8-8 [13.8; 14.1; 16; and 20].

43.07 POLICE CAPTAIN

A) The position of Police Captain is established as a classification for the Police Department.

B) The Police Chief shall appoint one person to the classification of Police Captain from the full time paid police force and this person shall serve at the pleasure of the Police Chief.

C) The duties of the Police Captain shall be set forth by the Police Chief.

43.08 LIEUTENANT, SERGEANT AND CORPORAL

A) The ranks of Lieutenant, Sergeant, and Corporal are established as a classification for the Auburn Police Department.

B) The Police Chief shall appoint two people to the rank of Lieutenant from the full- time paid police force and these people shall serve at the pleasure of the Police Chief.

C) The Police Chief shall appoint four persons to the rank of Sergeant from the full- time paid police force and these persons shall serve at the pleasure of the Police Chief.

D) The Police Chief shall appoint three persons to the rank of Corporal from the full time paid police force and these persons shall serve at the pleasure of the police chief.

E) The duties of the Lieutenant, Sergeants and Corporals shall be set forth by the Police Chief.

43.09 DETECTIVE

A) The rank of Detective is established as a classification for the Police Department.

B) The Police Chief shall appoint two to the classification of Detective from the full- time paid police force and shall serve at the pleasure of the Police Chief.

C) The duties of the detective shall be set forth by the Police Chief.

City of Auburn
HUMAN RESOURCES

EMPLOYEE ACKNOWLEDGEMENT

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