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2005 Indiana Attorney General Reports and Opinions 1 (2005)

handle is hein.sag/sagin0003 and id is 1 raw text is: STATE OF INDIANA OFFICE OF THE ATTORNEY GENERAL INDIANA GOVERNMENT CENTER SOUTH, FIFTH FLOOR 302 WEST WASHINGTON STREET * INDIANAPOLIS, IN 46204-2770 STEVE CARTER TELEPHONE (317) 232-6201 ATTORNEY GENERAL April 5, 2005 OFFICIAL OPINION 2005-1 The Honorable Brent Waltz State House 200 West Washington Street Indianapolis, Indiana 46204-2785 Re: Indiana Code section 36-8-4-6.5 Dear Senator Waltz: You requested an opinion on the following question: A city ordinance allows for the waiver of the requirement that an applicant for appointment to the positions of chief, assistant chief, or deputy chief of police have five years of continuous service (hereinafter continuous service requirement). The ordinance provides that the continuous service requirement may be waived by majority vote of the common council on the request of the city executive. Does such an ordinance impermissibly conflict with Indiana Code section 36-8-4-6.5(c), which indicates that the continuous service requirement may be waived by the city executive? Pursuant to duties under Indiana Code section 4-6-2-5, the Indiana Attorney General provides legal opinions to state officials upon request. The objective is to provide an unbiased overview of the correct application of the law. Opinions of the Attorney General are informational only and have no precedential effect. State Bd. of Tax Com'rs. v. Methodist Home for Aged of the Ind Conf of the Methodist Church, Inc., 241 N.E.2d 84, 89 (Ind. App. 1968). If uncertainty exists concerning the executive or legislative nature of a duty or power within the government of a municipality, a petition may be filed in a local court where the court will determine the nature of the power and which branch of the municipality is authorized to exercise the duty or power. Ind. Code § 36-4-4-5.

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