(A) The Town Council 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 July 1,2012 known as I.C. 36-1-20.2 and I.C. 36-1-21, respectively.
(B) On February 25, 2013, the town shall have a nepotism 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 a Unit by a Relative Policy"), which shall be effective retroactively to July 1, 2012, and implementation will begin.
(C) The town's Nepotism Policy is hereby established effective July 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. In addition a copy of I.C. 36-1-20.2 in effect on July 1, 2012 is attached to Ordinance 2013-2-25.
(D) The town's Contracting with a Unit by a Relative Policy is hereby established effective July 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. In addition a copy of I.C. 36-1-21 in effect on July 1, 2012 is attached to Ordinance 2013-2-25.
(E) The Town Council finds that both I.C. 36-1-20.2 and I.C. 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 Council 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/she will not be in the direct line of supervision. (See I.C. 36-4-6-11, I.C. 36-5 -2-9.4)
(G) The Town Council 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. However, to avoid the appearance of nepotism, in the event relatives of Town Council members are employed by the town, the related Town Council member shall be prohibited from occupying a direct line of supervision over the related employee, and shall be prohibited from participating in discussions or votes by the unrelated Town Council members concerning the related employee's terms and conditions of employment, including making decisions regarding the related employee's work assignments, compensation, grievances, advancement or performance evaluation. These prohibitions on the related Town Council member shall not apply to the responsibilities of the Town Council member to make decisions regarding salary ordinances governing employees other than the related employee, budgets, or personnel policies of the unit.
(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 in 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 or the Contracting with Unit by a Relative 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 Unit by a Relative 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 Unit by a Relative Policy may be subject to action allowed by law.
(K) The polices created by this section are hereby directed to be implemented by any of the following actions:
(1) Posting a copy of this section in its entirety in at least one of the locations in the Town Hall where it posts employer posters or other notices to its employees;
(2) Providing a copy of this section to its employees and elected and appointed officials;
(3) Providing or posting a notice of the adoption of this section; or
(4) Any such other action or actions that would communicate the polices established by this section to its employees and elected and appointed officials. 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 I.C. 36-1-21 effective July 1, 2012 are annexed to Ordinance 2013-2-15.
(M) Two copies of I.C. 36-1-20.2 and I.C. 36-1-21, and as supplemented or amended, are on file in the office of the Clerk-Treasurer for public inspection as maybe required by I.C. 36-1-5-4.
(Ord. 2013-2-25, passed 2-25-2013; Am. Ord. 2016-0209, passed 2-9-2016)