§ 31.09 NEPOTISM IN HIRING AND EMPLOYMENT.
   (A)   This section applies to all offices, agencies, and departments of the town.
   (B)   An individual who is employed by the town on July 1, 2012 is not subject to this section, unless the individual has a break in employment. The following are not considered a break in employment with the town:
      (1)   The individual is absent from the workplace while on paid or unpaid leave, including
vacation, sick, or family medical leave, or worker’s compensation; and
      (2)   The individual’s employment is terminated, but followed by immediate reemployment
by the town, without loss of payroll time.
   (C)   For purposes of this section, the performance of the duties of (1) a precinct election officer (as defined in I.C. 3-5-2-40.1) that are imposed by I.C. 3 or (2) a volunteer firefighter are not considered employment by the town.
   (D)   As used in this section, DIRECT LINE OF SUPERVISION means an elected officer or employee who is in a position to affect the terms and conditions of another individual’s employment, including making decisions about work assignments, compensation, grievances, advancement, or performance evaluation. The term does not include the responsibilities of the executive or legislative body, or fiscal officer of the town, as provided by law, to make decisions regarding salary ordinance, budgets or personnel policies of the town.
   (E)   As used in this section, EMPLOYED means an individual who is employed by the town on a full-time, part-time, temporary, intermittent, or hourly basis. The term does not include an individual who holds only an elected office. The term includes an individual who is a party to an employment contract with the town.
   (F)   As used in this section, MEMBER OF THE FIRE DEPARTMENT means the Fire Chief or a firefighter appointed to the department.
   (G)   As used in this section, MEMBER OF THE POLICE DEPARTMENT means the Marshal or a police officer appointed to the department.
   (H)   (1)   As used in this section, RELATIVE means any of the following:
         (a)   A spouse;
         (b)   A parent or step-parent;
         (c)   A child or step-child;
         (d)   A brother, sister, step-brother, or step-sister;
         (e)   A niece or nephew;
         (f)   An aunt or uncle; or
         (g)   A daughter-in-law or son-in-law.
      (2)   For purposes of this division (H), an adopted child of an individual is treated as a natural child of the individual.
      (3)   For purposes of this division (H), the terms “brother” and “sister” include a brother or sister by the half blood.
   (I)   The annual report filed by the town with the State Board of Accounts under I.C. 5-11-13-1 must include a statement by the Council President stating whether the town has implemented the policy created by this section.
   (J)   Individuals who are relatives may not be employed by the town in a position that results in one relative being in the direct line of supervision of the other relative.
   (K)   (1)   This section applies to an individual who:
         (a)   Is employed by the town on the date the individual’s relative begins serving a term of an elected office of the town; and
         (b)   Is not exempt from the application of this section under division (B).
      (2)   Unless otherwise prohibited by the Town Council, an individual may remain employed by the town and maintain the individual’s position or rank even if the individual’s employment would violate division (J) of this section.
      (3)   An individual described in division (K)(2) may not (a) be promoted to a position or (b) be promoted to a position that is not within the merit ranks, in the case of an individual who is a member of a merit police department or merit fire department, if the new position would violate division (J).
   (L)   This section does not abrogate or affect an existing employment contract between the town and an individual if such contract is in effect on the date the individual’s relative begins serving a term of an elected office of the town.
   (M)   Each elected officer of the town shall annually certify in writing, subject to the penalties for perjury, that the town officer has not violated this section. The town officer shall submit the certification to the President of the Council not later than December 31 of each year.
(Res. 2012-09, passed 6-18-2012; Am. Ord. 2020-01, passed 2-18-2020)