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South Bend council adopts state model merit commission for Fire Department after debate over timing
Summary
The Common Council sent substitute Bill 74‑24 forward and voted 8–1 to adopt an ordinance creating a merit commission for the South Bend Fire Department under the state model; opponents criticized the timing after the state deadline.
The South Bend Common Council voted 8–1 on Jan. 13 to adopt substitute Bill 74‑24, creating a merit commission for the South Bend Fire Department based on the state model established by recent state legislation. The ordinance passed after a Committee of the Whole hearing and a public hearing; Councilmember David (Doctor) Davis cast the lone no vote.
Assistant City Attorney Adamie Taylor briefed the council on the statutory background and the ordinance’s key provisions. Taylor said a state law change took effect Jan. 1 that would implement a merit system unless a municipality took affirmative action to reject or adopt a local model. “This is a statute that was advocated by the UI, the Professional Firefighters Union of Indiana,” Taylor said, and the substitute ordinance before the council adopts the state model locally and references the applicable statute.
Under the adopted ordinance, the commission will include two mayoral appointees, two commissioners selected by the department members (with party balance requirements), and one council appointment. Taylor said the commission’s appointments must be in place by March 1 and the commissioners must adopt rules within 90 days of appointment. Until the merit commission’s rules are adopted, the Board of Public Safety will retain authority over personnel matters and will set procedures for member‑chosen commissioners.
Assistant Chief Todd Skorkin and Eric Griffin, president of Local Firefighters 362, spoke in favor of the state model. Griffin said the change “gives us a seat at the table” and provides a safeguard so department members have representation in hiring, promotion and disciplinary matters. “This gives us a seat at that table,” Griffin said.
Councilmember David (Doctor) Davis pressed why the council had not weighed in earlier, noting the state law had been enacted in May 2023 and several other Indiana municipalities had already acted. Taylor and other presenters said city management and the fire department had been aware of the statutory changes and that strong union support for the state model limited the local alternatives available. Taylor said the city lacked a practical alternative that the union and department would accept and that the statutory mechanics meant the state model could be implemented regardless.
After committee and public hearing, the council voted on the substitute ordinance. Roll call recorded the following votes: Councilmember McBride — Aye; Councilmember Bowden (Bolden) Simpson — Aye; Councilmember Warner — Aye; Councilmember Neskovsky — Aye; Councilmember Doctor Davis — Nay; Councilmember White — Aye; Councilmember Goodman Rogers — Aye; Vice President Thomas Morgan — Aye; Council President Lee — Aye. The council certified the bill will proceed to full council with a favorable recommendation and then approved the ordinance on third reading by the same 8–1 tally.
The ordinance assigns the Board of Public Safety continuing administrative authority while the commission is organized and formalizes the statutory schedule for appointments and rulemaking. The council directed staff and the Board of Public Safety to proceed with the appointment process so the commission can be constituted by the March 1 statutory deadline.
