Palmowski v. Town of New Chicago

I respectfully dissent.

Contrary to the majority’s conclusion, I am persuaded that IC 1971, 19-1-25-2 is ambiguous. A reading of the pertinent portions of this statute leaves me in doubt as to which law should be referred to by the Town Board of Police Commissioners in setting the town police officers’ salaries.

In IC 1971, 19-1-5-1, the legislature imposed minimum salary provisions for fire and police personnel on the various classes of cities. Enacted in 1947, it provided:

“Minimum compensation of firemen and policemen. — In cities of the first, second and third class the minimum compensation…