Ind. Code § 36-8-1-12

"Upper level policymaking position"

Applied in 5 court decisions — leading case Johnson v. City of Fort Wayne (1996)

Most recently applied in 772 F. Supp. 2d 983 - Kirk v. City of Kokomo (February 2011)

As added by Acts 1981, P.L.309, SEC.51.

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 12. "Upper level policymaking position" refers to the position held by the police chief or fire chief and to each position held by the members of the police department or fire department in:

(1) the next rank and pay grade immediately below the chief, if the authorized size of the department is:

(A) more than ten (10) but less than fifty-one (51) members, in the case of a police department; or

(B) more than ten (10) but less than two hundred one (201) members, in the case of a fire department; or

(2) the next two (2) ranks and pay grades immediately below the chief, if the authorized size of the department is:

(A) more than fifty (50) members, in the case of a police department; or

(B) more than two hundred (200) members, in the case of a fire department.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.