The Elkhart Police Merit Commission voted 5-0 to decline review of a three-day unpaid suspension imposed on Officer Justin Miracle, ending the commission's consideration of the disciplinary matter.

Chief Alanais notified the commission that Officer Miracle received a three-day unpaid suspension on Sept. 3 for alleged violations of the department's standard-of-conduct and harassment policies. The chief told commissioners the decision followed an internal review that included the department's human resources office, a captain review board and an Indiana State Police inquiry, and that the captain review board had recommended a three-day suspension which the chief adopted. "My recommendation was the three days, and that is in line with what the captain's review board recommended as well," the chief said.

Officer Miracle's attorney, Mason Riley of Indianapolis, told the commission he represented Miracle and asked the panel to allow him to reach Miracle by phone or to proceed with Miracle's waiver of presence. Riley argued the commission should conduct a review of the materials and said the statute requires an officer to request review within 48 hours of notice and the commission then decide whether to hold a hearing.

City counsel Rose Rivera read aloud the statutory text from Indiana Code 36-8-3.519, which says a member "may, within 48 hours after receiving notice...request in writing that the Commission review the reprimand or suspension and either uphold or reverse the Chief's decision" and that "at its discretion, the Commission may hold a hearing." Rivera told the commission the statute gives the board discretion on whether to hold a hearing and on the depth of the review.

After a brief discussion about statutory interpretation and procedure, Commissioner Jean Mays moved that the commission not review the chief's decision. The motion was seconded and carried on a roll-call vote with Jean Mays, Clifton Hildreth, Brad Billings, Thomas Barber and Jim Rickoff voting yes. The chair announced the motion carried 5-0 and that the commission would not pursue further review of the Miracle matter.

The commission did not hold a public hearing, and no additional action on the suspension was scheduled. The meeting then proceeded to other business and adjournment.