Police Power

Police Power to Designated Officers & Authority of Indiana University Police to Serve Civil Process

April 24, 1971:

WHEREAS, House Bill 1358 (being 1C 1971, 20-12, Chapter 3.5) has been enacted by the 1971 General Assembly of the State of Indiana and signed into law by Governor Edgar D. Whitcomb on March 30, 1971 becoming an effective Act as of that date by virtue of an emergency provision; and

WHEREAS, said Act authorizes The Trustees of Indiana University to appoint police officers for Indiana University, prescribe their duties, direct their conduct, prescribe distinctive uniforms and designate and operate emergency vehicles, and to do other things specified therein; and

WHEREAS, said Act authorizes The Trustees of Indiana University to prescribe the form and manner by which these officers shall take an appropriate oath of office; and

WHEREAS, said Act authorizes The Trustees of Indiana University to regulate the traffic and parking of motor vehicles, bicycles or other vehicles as well as the traffic of pedestrians on the property of the University; and

WHEREAS, said Act authorizes The Trustees of Indiana University to empower one or more officials of the University to request the assistance of peace officers of the State, of counties, and of cities and towns, when it appears necessary to do so; and

WHEREAS, said Act is now effective because an emergency exists and The Trustees of Indiana University desire to immediately implement such Act on the several campuses and other property of Indiana University, and upon such other property as is authorized with the consent of others, all as provided in such Act,

NOW, THEREFORE, The Trustees of Indiana University do hereby direct and authorize the President of Indiana University and such officers and employees of Indiana University as may be designated by him, to take such action and issue such directives as may be necessary and convenient to carry out the authority granted The Trustees of Indiana University by such Act, such delegation being authorized by 1C 1971, 20-12-l-i| (Formerly Acts 1969, C.273, s. 4).

Unanimously approved, on motion duly made and seconded.

August 2, 1983:

WHEREAS, 1C 1971 20-12-3.5 authorizes this Board to appoint police officers for the University and permits the Trustees to empower such police officers to perform various duties, including service of civil process; and

WHEREAS, Board Resolution dated April 24, 1971, delegated to the President of the University and others he might specify authority conferred upon this Board by 1C 1971 20-12-3.5 but did not specifically refer to service of civil process; and

WHEREAS, pursuant to such delegated authority, the President and the Director of the University Safety Division did allow, permit and direct officers appointed to the Division (now designated as the Indiana University Police Department) on the University’s several campuses, to serve civil process; and

WHEREAS, the Director of University Police has asked that the Board Acknowledge, Confirm and Ratify that the action of the President and others who directed such police officers to serve civil process were actions authorized and intended by this Board to be done;

NOW, THEREFORE, BE IT RESOLVED, That it was and is the intention of this Board to include the Power to serve civil process among the powers delegated by this Board’s Resolution of April 24, 1971; and it is

FURTHER RESOLVED that Board now expressly Recognizes, Confirms and Ratifies that service of civil process made by Indiana University Police Officers in 1972 and since has been by authorization of this Board.

Unanimously approved, on motion duly made and seconded.

December 5, 2013:

The “Resolution” concerning police power to designated officers, as adopted April 24, 1971, is hereby updated to reflect the current Indiana Code citation, IC 21-39-4, and is specifically updated to include the expanded jurisdiction statutory provision therein; and

The “Resolution” concerning the authority of Indiana University to serve civil process, as adopted August 2, 1983, is hereby updated to reflect the current Indiana Code citation, IC 21-39-4 and, specifically, IC 21-39-4-5.

Unanimously approved on a motion duly made and seconded.