(A) The Town Council now finds that it is required, necessary, and appropriate to adopt a policy of conduct with regard to nepotism in employment with the town, as well as in contracting with the town, in order to continue to provide local government services to the residents of the town, as well as to comply with the new laws effective July 1, 2012, specified and set forth in the provisions of IC 36-1-20.2 and IC 36-1-21, respectively.
(B) The provisions of this section shall become effective for the town July 1, 2012, and whereby the town shall establish hereby a nepotism policy and a contracting with a unit policy, that complies with the minimum requirements of IC 36-1-20.2 (hereinafter nepotism policy), as well as IC 36-1-21 (hereinafter contracting with a unit by a relative policy). The Town Council further decrees hereby that implementation of each of the nepotism policy and contracting with a unit by a relative policy will become effective and whereby implementation will commence instanter on July 1, 2012.
(C) The nepotism policy of the town is hereby established effective July 1, 2012, by adoption of the minimum requirement provisions of IC 36-1-20.1 as the same currently exists, may be supplemented or amended thereto in the future, and as same exists hereafter. The current minimum requirement provisions of IC 36-1-20.2, and as such are supplemented or amended thereafter and as same is law in the state hereafter from time to time, are made a part hereof and incorporated herein as though fully set forth and incorporated herein. Further, a copy of the provisions of IC 36-1-20.2, entitled nepotism, in effect July 1, 2012 is attached hereto.
(D) The contracting with a unit by a relative policy of the town is hereby established effective July 1, 2012, by adoption of the minimum requirement provisions of IC 36-1-21, as the same currently exists, may be supplemented or amended thereto in the future, and as same exists hereafter. The current minimum requirement provisions of IC 36-1-21, and as such are supplemented or amended thereafter and as same is law in the state hereafter from time to time, are made a part hereof and incorporated herein as though fully set forth and incorporated herein. Further, a copy of the provisions of IC 36-1-21, entitled contracting with a unit by a relative policy, in effect July 1, 2012, is attached hereto.
(E) The Town Council hereby acknowledges and concurs that each of the provisions of IC 36-2-20.1 and IC 36-1-21 specifically permit a unit of local government such as the town to adopt requirements that are more stringent or detailed and that the Town Council hereby finds that more details are necessary and appropriate.
(F) The Town Council further finds and declares that a single member of the Town Council, as legislative body, shall not act for the Town Council to make or issue work assignments, compensation, grievances, advancement or a performance evaluation without prior authority of a majority of the entire Town Council, and therefore, without the authority by the majority, the individual Town Council member will not be in the direct line of supervision (please note the provisions of IC 36-4-6-11 and IC 36-5-2-9.4).
(G) The town further finds and declares that a single member of governing bodies with authority over employees in the town shall not act for the governing bodies to make or issue work assignments, compensation, grievances, advancement or a performance evaluation without prior authority of a majority of the responsible governing body, when a statute provides the majority is needed to act, and therefore, without the authority by the majority of the governing body, the single member will not be in the direct line of supervision.
(H) All elected and appointed officials and employees of the town are directed and required to cooperate fully in the implementation of the policies established in this section, and in demonstrating compliance with these same polices. The policies established hereby shall be incorporated by reference in the town personnel policy manual, as the same is amended from time to time, as well as in the town Ethics Regulations Policy ordinance, as same is amended from time to time.
(I) Failure to abide by or cooperate with the implementation, compliance and certifications connected with the nepotism policy is a violation of this section, as same may be amended from time to time, and may result in the discipline, including termination, of an employee or transfer from the direct line of supervision or other curative action. Any elected or appointed official of the town who fails to abide by or cooperate with the implementation, compliance and/or mandated certification submission of either the nepotism policy or the contracting with a unit by a relative policy may be subject to sanctions, penalties or legal procedures and actions in conformance with applicable law.
(J) (1) The policies established and adopted by this section are hereby directed to be implemented by any of the following namely:
(a) Posting a copy of this section in its entirety in at least one of the locations in the town that posts employer posters or other notices to its employees;
(b) Providing a copy of this section to each of its employees and elected and appointed officials, requesting from each distributee an acknowledgment of receipt of same and filing/depositing of the acknowledgment in the personnel employment file of each said employee, or elected and appointed official;
(c) Providing or posting a notice of the adoption of this section in any other manner deemed appropriate;
(d) By any other action or actions that would communicate the policies established by this section to the town employees and elected and appointed officials.
(2) Upon any of the aforesaid actions being made, the policies established hereby are deemed implemented by the town. The Town Administrator and Clerk-Treasurer are additionally directed to report the implementation actions to the Town Council in its regular public meeting in July, 2012, for the public record and report to the Town Council of such.
(K) A copy of the provisions of IC 36-1-20.2 and IC 36-1-21, effective July 1, 2012, are annexed hereto, incorporated herein and made a part hereof.
(L) Two copies of IC 36-1-20.2 and IC 36-1-21, as supplemented or amended, are on file in the office of the Clerk-Treasurer for inspection as may be required and requested by the provisions of IC 36-1-5-4.
(Ord. 1160, passed 6-19-12)