(A) The Town of Avilla selects employees based on their job qualifications. To make sure this standard is always followed and to protect the integrity of business operations, the town has certain restrictions on when and where relatives of employees can be hired and how related employees can work together.
(1) Members of an employee's immediate family for this section of the policy include parents, spouse, or stepparent, child or stepchild, brother, sister, stepbrother, stepsister, niece, nephew, aunt, uncle, daughter-in-law or son-in-law.
(2) Elected official, for purposes of this section means the Clerk Treasurer, the Town Board President, or a Councilperson.
(B) Unless otherwise specified by state law, employees will not be hired, promoted, or transferred to positions that:
(1) Place them in direct or indirect supervisory or managerial capacity over a member of an employee's immediate family;
(2) Allows them to directly or indirectly influence salary adjustments, career progress, or other managerial activities involving a member of an employee's immediate family;
(3) Require them to audit or review the work of a member of an employee's immediate family.
(C) If an elected official has a relative working for the town, that elected official shall abstain from any vote affecting that employee's pay wage, benefits, promotion, demotion, etc.
(D) There is a "grandfathering clause" for current elected officials or employees with family relationships that would otherwise be in violation of the nepotism policy, unless there is a break in the office holding or in employment "grandfathered" employees may remain in their positions and they may be promoted as long as they do not report directly to the family member. Employees hired after July 1, 2012, who in later years have members of the immediate family elected that are in the direct line of supervision, will have no promotion possibilities unless the promotion is within the merit ranks for police and fire departments.
(E) Each elected official of the town shall annually certify in writing, subject to the penalties for perjury, that the official has not violated the nepotism policy and submit the certification to the Town Board President no later than December 31 of each year.
(F) The town may enter into a contract or renew a contract for the procurement of goods and services, or contract for public works, with an individual who is a member of the elected official's immediate family or a business entity that is wholly or partially owned by a member of the elected official's immediate family only if the requirements of this section are satisfied and the elected official does not violate I.C. 35-44-1-3.
(G) The town may enter into a contract or renew a contract with an individual or business entity described immediately hereinabove if:
(1) The elected official files with the town a full disclosure, which must:
(a) Be in writing;
(b) Describe the contract or purchase to be made by the town;
(c) Describe the relationship that the elected official has to the individual or business entity that contracts the purchases;
(d) Be affirmed under the penalties of perjury;
(e) Be submitted to the Town Council and be accepted by the Town Council in a public meeting of town prior to final action on the contract for purchase; and
(f) Be filed not later than 15 days after the final action on the contract to purchase with:
1. The State Board of Accounts; and
2. The Clerk of the Circuit Court of Noble County.
(2) In order to contract with a member of the immediate family of the elected official, the town must:
(a) Make a certified statement that the contract amount of purchase price as the lowest amount or bid price offered; or
(b) Make a certified statement of the reasons why the vendor or contractor was selected; and
(c) The town must satisfy any other requirements under I.C. 5-22 or I.C. 36-1-12;
(d) The elected official shall also comply with the disclosure provisions of I.C. 35-44-1-3, if applicable.
(H) Each elected official of the town shall annually certify in writing, subject to the penalties of perjury, that the official is in compliance with I.C. 36-1-26-1. An official shall submit the certification to the Town Board President, not later than December 31 of each year.
(Ord. 1518-6-12, passed 6-20-2012)