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Council committee advances ordinance to establish merit commission for South Bend Fire Department
Summary
A South Bend Common Council committee voted to send substitute Bill 74-24 forward recommending an ordinance that would establish a state-model merit commission to govern firefighter hiring, promotions and some discipline functions; the ordinance was presented by the city attorney and discussed with the fire chief but received no public comment.
The Health and Public Safety Committee on Jan. 9 voted to send substitute Bill 74-24 to the Council’s Committee of the Whole with a favorable recommendation. The substitute ordinance would establish a merit commission to govern personnel matters in the South Bend Fire Department under the state’s model merit system.
City Assistant Attorney Adam E. Taylor, who presented the ordinance, told the committee that state law (referred to in the hearing as “state code 3 60 eight-3.5 and following”) created a model merit system and that “a merit system under that law is deemed established as of 01/01/2025.” Taylor said municipalities that wish to avoid the statute’s automatic application needed either to reject the model system by local vote or to adopt a local, modified merit system; the substitute before the committee adopts a locally tailored commission.
Taylor said the ordinance largely incorporates statutory language rather than restating every provision and added that the substitute clarifies the continuing role of the Board of Public Safety during the transition. “The Board of Public Safety will retain authority over personnel matters while this is pending,” he said, describing a transition period in which commissioners must be appointed and adopt rules within 90 days of appointment.
Taylor also summarized differences between the current Board of Public Safety procedures and the state merit system, saying the merit commission would have broader authority over hiring, promotions and some disciplinary processes and would adopt rules that the department must follow. He noted the Indiana Firefighters Union supported the statute and that several nearby jurisdictions (Mishawaka was cited) have taken differing approaches for police and fire.
Fire Chief Todd Skorkin, attending remotely, declined to add to the presentation. No members of the public spoke for or against the bill during the committee meeting.
After questions from council members about timing and local participation, a motion was made to send substitute Bill 74-24 to the Committee of the Whole with a favorable recommendation; the recorded roll call showed Council Member McBride, Committee Member Naskoski, Committee Vice Chair Warner and Committee Chair Thomas Morgan voting “aye.” The committee chair announced the substitute would go forward with a favorable recommendation.
If enacted, the ordinance would require the unit to appoint commissioners and set an initial timetable (the presentation referenced appointment by March 1 and a 90-day rule-adoption deadline for commissioners). The Board of Public Safety would continue to exercise personnel authority during the interim period until the commission’s rules are adopted.
The ordinance and the presentation referenced the state statutory model as the authority for the commission; the substitute does not list the final form of commission rules — those are to be drafted and then adopted by the appointed commissioners.
