State ex rel. Blackwell v. Hatcher

I concur in the result reached by the majority in this case. Nevertheless, I find the reasoning expressed in the majority opinion erroneous. Specifically, the majority incorrectly holds that a city common council has exclusive authority to fix the amount of the firefighter clothing allowance under IC 1971, 19-1-10-1 (1980 Burns Supp.).

Analysis of this problem begins with three statutes. IC 1971, 19-1-10-1;

“All cities of the first, second, third, fourth and fifth classes having regularly organized and paid police and fire departments shall provide for use by the active members of such police…