(A) The town finds that it is necessary and desirous to adopt a policy of conduct with regard to nepotism in the employment with the town and in contracting with the town in order to continue to be able to provide local government services to its residents and to comply with the new laws effective 7-1-2012, known as I.C. 36-1-20.2 and 36-1-21, respectively.
(B) On 7-1-2012, the town shall have a nepotism policy and a contracting with a unit policy that complies with the minimum requirements of I.C. 36-1-20.2 (hereinafter, “nepotism policy”) and I.C. 36-1-21 (hereinafter, “contracting with relatives of elected officials and the like policy”) and implementation will begin.
(C) The town’s nepotism policy is hereby established effective 7-1-2012 by adopting the minimum requirements provisions of I.C. 36-1-20.2, and including all future supplements and amendments thereto which become law from time to time, and making them a part hereof as if fully set out herein.
(D) The town’s contracting with relatives of elected officials and the like policy is hereby established effective 7-1-2012 by adopting the minimum requirements provisions of I.C. 36-1-21, and including all future supplements and amendments thereto which become law from time to time, and making them a part hereof as if fully set out herein.
(E) The town finds that both I.C. 36-1-20.2 and 36-1-21 specifically allow a unit to adopt requirements that are “more stringent or detailed” and that more detailed are necessary.
(F) The town further finds that a single member of the legislative body cannot act for the body to make work assignments, compensation, grievances, advancement or a performance evaluation without prior authority of a majority of the body and therefore without such authority by the majority he or she will not be in the direct line of supervision.
(G) The town finds that a single member of governing bodies with authority over employees in the town cannot act for the governing body to make work assignments, compensation, grievances, advancement or a performance evaluation without prior authority of a majority of the body, when a statute provides that a majority is needed to act and, therefore, without such authority by the majority the single member will not be in the direct line of supervision.
(H) All elected and appointed officials and employees of the town are hereby directed to cooperate fully in the implementation of the policies created by this section and demonstrating compliance with these same policies.
(I) Failure to abide by or cooperate with the implementation, compliance and certifications connected with the nepotism policy is a violation and may result in the discipline, including termination, of an employee or a transfer from the direct line of supervision or other curative action. An elected or appointed official of the town who fails to abide by or cooperate with the implementation, with the compliance and with mandated certifications of either the nepotism policy may be subject to action allowed by law.
(J) Failure to abide by or cooperate with the implementation, compliance and certifications connected with the contracting with relatives of elected officials and the like policy is a violation and may result in the discipline, including termination, of an employee or a curative action. An elected or appointed official of the town who fails to abide by or cooperate with the implementation, with the compliance and with mandated certifications of either the nepotism policy or the contracting with relatives of elected officials and the like policy may be subject to action allowed by law.
(K) (1) The polices created by this section are hereby directed to be implemented by any of the following actions:
(a) Posting a copy of this section in its entirety in at least one of the locations in the town where it posts employer posters or other notices to its employees;
(b) Providing a copy of this section to its employees and elected and appointed officials;
(c) Providing or posting a notice of the adoption of this section; or
(d) Any such other action or actions that would communicate the polices established by this section to its employees and elected and appointed officials.
(2) Upon any of taking these actions, these policies are deemed implemented by the town.
(L) A copy of the provisions of I.C. 36-1-20.2 and 36-1-21, effective 7-1-2012, are annexed to the ordinance codified herein as “Exhibit A” and “Exhibit B”.
(M) Two copies of I.C. 36-1-20.2 and 36-1-21, and as supplemented or amended, are on file in the office of the Clerk-Treasurer for the town for public inspection as maybe required by I.C. 36-1-5-4.
(N) With the passage of this section, the Town Council hereby adopts: “Exhibit C”, entitled “Verification of Applicant for Employment for Compliance with Municipal Nepotism Policy”; “Exhibit D”, entitled “Council Member and Other Elected Officials Disclosure of Relative’s Contract with Municipality”; “Exhibit E”, entitled “Certification of Elected Official to the Executive of the Town on Compliance with Municipal Nepotism Policy”; and “Exhibit F”, entitled “Annual Certification of Elected Official to the Executive of the Town of Arcadia on Compliance with Municipal Nepotism Policy Involving Direct Line Supervision”. (All exhibits are attached to the ordinance codified herein.) The Town Council may amend, from time to time, any part of the wording in the attached “Exhibit C”, “Exhibit D”, “Exhibit E” and “Exhibit F”.
(Ord. 2012-05, passed 6-18-2012)
Statutory reference:
Related provisions, see I.C. 36-4-6-11, 36-5-2-9.4