Valparaiso City Council members unanimously voted against a resolution created by state legislation recommending a merit board be created to oversee personnel issues related to city police and fire department for grievances and other matters.
City council members did not pass Resolution No. 16 2024 at last week’s meeting on June 24 following further background and explanation of the state legislature measure by Valparaiso City Attorney Patrick Lyn. Valparaiso Police Chief Andrew McIntyre also addressed the council with his opposition to the resolution.
“We’re here because the legislature in Indianapolis adopted a statute last year which puts the onus on all cities and towns where there are police and fire departments that do not have a guiding merit board system, to now either opt-out or by not doing so by Dec. 31, 2024, then by mandate, a merit board will be established and put in place,” Lyp said.
“So this is asking each community and their police and fire departments to decide whether establishing a merit board and merit system is needed.”
Lyp said he worked with McIntyre to do an informal poll of police staff to gauge opinion and nearly 95% did not think establishing a police and fire department merit board and merit system was necessary.
Lyp said the Valparaiso Board of Works oversees personnel matters for police and fire department needs and “in essence, already serves as an existing merit board.”
Council member Emilie Hunt, D-At-large, described the state-driven legislation “as over-reach by the state” and “bad legislation.”
Hunt and others on the council reminded that the Valparaiso Police Department is already guided under the umbrella of the Commission on Accreditation for Law Enforcement Agencies (CALEA) for needed regulations such as promotions, terminations, hiring and discipline.
“As long as our police department is already CALEA accredited, then there’s instruction for every need of what a merit board would do,” said Councilman Peter Anderson, R-5th.
“And if the police don’t think this is needed, I agree it’s not needed.”
McIntyre said establishing a merit board would create unneeded layers and hamper an already effective system for internal issues.
“Having this type of created merit board and system would totally change the culture of a police department,” McIntyre said.
“We already have this oversight because we are a nationally accredited agency. CALEA is the gold standard of policing. We already do an onsite assessment every four years and we get glowing reviews. I don’t think we need any more oversight for checks and balances other than what we already have through the board of works.”
Council President Robert Cotton, who agreed the state mandate for recommending a merit board for law enforcement agencies is “intrusive,” said the council and the police and fire departments should be reminded that in the future, a city-initiated and imposed merit board could still be created if deemed necessary.
“I’ve done some research and there are other cities around like Fishers and Carmel with police departments that are CALEA accredited yet they still also have established merit board and merit systems,” said Cotton, D-2nd.
“There is additional accountability that comes with having the addition of a merit board and system.”
Valparaiso Mayor Jon Costas supported the council and police officials for their reservations about creating a merit board “just to follow a state recommendation that might not be a fit.”
“I think we have to be careful when we start having unelected and appointed boards to make personnel decisions which affect what is already a very strong culture in these departments,” Costas said.
“We already have many procedures and processes for hiring and promotions. We are already the elected officials provided the needed leadership in these areas, along with the direction from CALEA.”
Philip Potempa is a freelance reporter for the Post-Tribune.