(A) Definitions. The following definitions shall apply in the interpretation and the enforcement of this section:
(1) 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 Common Council or Board of Public Works and Safety of the city to make decisions regarding salary ordinances, budgets or personnel policies of the city.
(2) EMPLOYED. An individual who is employed by the city 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 city. 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 city.
(3) RELATIVE. Any of the following:
(a) Spouse;
(b) Parent or step parent;
(c) A child or step child;
(d) 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.
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 city 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 city on the date the individual's relative begins serving a term of an elected office in the city 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.
(1) This section does not abrogate or affect an employment contract with the city 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 city.
(2) This section does not apply to individuals who are employed by the city on the date the individual's relative begins serving a term of an elected office in the city and the individual is in the direct line of supervision of the newly elected official.
(D) Impact of section on those individuals employed by city on July 1, 2012. An individual who is employed by the city on July 1, 2012, is not subject to this section unless the individual has a break in employment with the city. The following are not considered a break in employment with the city:
(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 following by immediate reemployment by the unit, without loss of payroll time.
(E) Certification by elected officers of the city. Each elected officer of the city 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 Common Council not later than December 31 of each year.
(Res. 2012-17, passed 6-26-2012)