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Elkhart Merit Commission amends promotion rules after union raises double‑jeopardy concerns
Summary
After a public hearing in which the Fraternal Order of Police argued parts of the proposed promotion rules would violate the department’s CBA, the Elkhart Police Merit Commission unanimously adopted amendments to its promotional rules.
The Elkhart Police Merit Commission voted unanimously to amend its promotion rules after a public hearing in which the Elkhart Fraternal Order of Police raised concerns that parts of the proposal could conflict with the collective bargaining agreement.
Jason Ray, president of the Elkhart Fraternal Order of Police, told the commission the union’s requests to participate in the rule changes "fell on deaf ears" and warned the proposal could violate the department’s current collective bargaining agreement. He cited Article 25, Section 11 of the CBA and said excluding officers from promotion because of prior adjudicated discipline would amount to double jeopardy. "If an officer is excluded from the promotional process based on a previous adjudicated discipline, this would be considered double jeopardy and will be in violation of the CBA," Ray said.
Rose Rivera of the county legal department responded that similar clauses exist in other Indiana departments and that she was not aware of any court holding that such promotional consequences amount to double jeopardy. "To my knowledge, there is no conflict, so that's not to say that it couldn't be a new issue brought before a court, but currently no court has held that that is double jeopardy," Rivera said.
After hearing testimony and legal advice, a commissioner moved to approve the proposed amendments, which included corrections and several changes affecting promotion policy. The motion was seconded and passed by roll call vote (Clifton Hildreth, Brad Billings, Jim Rickoff, Thomas Barber and Jean Mays all voting yes), yielding a 5-0 outcome. The presiding officer announced "the rules are amended."
The commission’s action adopts the changes now on the record; union representatives and legal staff noted the issue could be subject to future legal challenge. The public hearing lasted until no other speakers wished to address the commission and closed prior to the vote to adopt the amendments.
