(A) Responsibility. Recruitment of employees for positions in various departments in the town shall be the responsibility of the appropriate department head and the Town Council. All applicants, regardless of race, religion, age, sex, national origin, or political background shall be given equal consideration for all positions with the town. When recruitment details and procedures are completed, applications shall be presented to the Town Council for study and final approval.
(B) Disqualification of applicants.
(1) The department head may present in writing to the Town Council his or her recommendation and his or her reasons as to the employment of an applicant. The Town Council may reject any application which indicates that the applicant does not possess the minimum qualifications required for that particular position.
(2) Applications should also be rejected if the applicant:
(a) Is physically unqualified to perform the duties of that particular position;
(b) Is addicted to drugs or intoxicants;
(c) Has made false statements in his or her application; or
(d) Has been a former employee dismissed for a disciplinary reason.
(C) Filing and disposal of applications. The head of the department and the Clerk-Treasurer shall preserve for at least three years, all applications of applicants who fail the examination, who are permanently rejected, or who fail to report to work after being appointed. The application and other materials of all other applicants shall remain on file for three years and may, at the end of this period, be destroyed by the head of the department or the Clerk-Treasurer. Applications of those persons who are appointed to a position with the town shall be placed in the employee’s file.
(D) Medical examination required. As a condition of employment, any person applying for employment with the town, shall submit to a medical examination by the physician approved or appointed by the Town Council. Any employee of the town may be required to submit to such a medical examination on an annual basis.
(E) Nepotism.
(1) The town will comply with state statues on nepotism.
(2) (a) It is necessary and desirous to adopt a policy of conduct with regard to town employee nepotism and in contracting with relatives of elected officials by the town in order to continue to provide local government services to its residents and to comply with I.C. 36-1-20.2 and I.C. 36-1-21, respectively effective July 1, 2012.
(b) On July 1, 2012 the town shall have and implement 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”).
(c) The town nepotism policy is hereby established effective July 1, 2012 by adopting and incorporating by reference the minimum requirement provisions of I.C. 36-1-20.2, including all future supplements and amendments thereto, and making them a part hereof as if fully set forth herein. In addition, a copy of I.C. 36-1-20.2 in effect on July 1, 2012, is attached hereto and made a part hereof.
(d) The town contracting with a unit by a relative policy is hereby established effective July 1, 2012, by adopting and incorporating by reference the minimum requirement provisions of I.C. 36-1-21, and including all future supplements and amendments thereto, and making them a part hereof as if fully set forth herein. In addition, a copy of I.C. 36-1-21 in effect on July 1, 2012, is attached hereto and made a part hereof.
(e) Both I.C. 36-1-20.2 and I.C. 36-1-21 specifically permit the town to adopt requirements that are “more stringent or detailed” in the future.
(f) A single member of the Town Council cannot act for the Council to make work assignments, determine compensation, hear grievances, consider advancement or a performance evaluation of a town employee without prior authority of a majority vote of the Town Council, and therefor, without such authority by the majority, he or she will not be in the direct line of supervision of a town employee (see I.C. 36-4-6-11 and I.C. 36-5-2-9.4).
(g) A single member of any governing body, council, board, or commission of the town with authority over employees of the town cannot act for the governing body to make work assignments, compensation, hear grievances, consider advancement or a performance evaluation without prior authority by a majority of the governing body, board, or commission, when a statute provides that a majority is needed to act, and therefor, without such authority by the majority the single member will not be in the direct line of supervision of a town employee.
(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 division (E)(2) 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 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 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 the contracting with unit by a relative policy may be subject to action allowed by law.
(k) The polices created by this division (E)(2) are hereby directed to be implemented by any of the following actions:
1. Posting a copy of this division (E)(2) in its entirety in at least one of the locations in the town where it posts employer posters or other notices to its employees;
2. Providing a copy of this division (E)(2) to its employees and elected and appointed officials;
3. Providing or posting a notice of the adoption of this division (E)(2); or
4. Any such other action or actions that would communicate the polices established by this division (E)(2) to its employees and elected and appointed officials. Upon the taking of any of these actions the 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 hereto made a part hereof and incorporated herein by reference.
(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 Town Clerk-Treasurer for public inspection as maybe required by I.C. 36-1-5-4.
(F) Residency requirements.
(1) The Town Clerk-Treasurer, Town Superintendent, and Town Marshal shall reside within the corporate limits of the town, unless for cause shown the Town Council permits otherwise.
(2) All other full-time employees must live within a three-mile radius of the town limits.
(3) Violation of this by any employee shall subject any such employee to immediate dismissal.
(G) Additions to staff. No new job nor additions in any job category shall be created and added to the staff of any department without approval of the Town Council.
(1) Requests for such shall be substantiated in writing, describing job qualification requirements, need, and method of financing.
(2) The Town Council shall inform the Clerk-Treasurer of action taken and procedures to follow, if any.
(Ord. 4, 1998, passed 3-25-1998; Ord. 9, 2012, passed - -)