(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DIRECT LINE OF SUPERVISION. 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 Town Council to make decisions regarding salary ordinances, budgets or personnel policies of the town.
EMPLOYED. 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. The performance of the duties of a precinct election officer (as defined in I.C. 3-5-2-40.1) that are imposed by I.C. 3 is not considered employment by the town.
RELATIVE. Any of the following: spouse, parent or stepparent, a child or stepchild, brother, sister, stepbrother or stepsister, a niece or nephew, an aunt or uncle, or a daughter-in-law or son-in-law. An adopted child of an individual is treated as a natural child of the individual. The terms brother and sister shall include a brother or sister by half blood (a common parent).
(B) Nepotism prohibited.
(1) Individuals who are relatives shall 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.
(2) An individual shall not be promoted to a position if the new position would cause their relative to be in the direct line of supervision of that individual.
(3) Individuals who are employed by the town on the date the individual’s relative begins serving a term of an elected office in the town and the individual is in the direct line of supervision of the newly elected official are prohibited from remaining in that position.
(C) Exceptions to prohibition against nepotism. This section does not abrogate or affect an employment contract with the town that an individual is a party to and is in effect on the date the individual’s relative begins serving a term of an elected office of the town.
(D) Impact on those individuals employed by the town on July 1, 2012. 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 with the town. 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.
(2) The individual’s employment with the unit is terminated followed by immediate reemployment by the unit, without loss of payroll time.
(E) Certification by elected officers of the town. Each elected officer of the town shall annually certify in writing, subject to the penalties for perjury, that the officer has not violated this section. An elected officer shall submit the certification to the Town Council not later than December 31 of each year.
(Res. 2012-5, passed 7-2-2012)