(A) Definitions. The following definitions shall apply to this section as written unless context 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 executive, legislative body, or fiscal body of the town, as provided by law, 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.
MEMBER OF THE FIRE DEPARTMENT. The Fire Chief or a Firefighter appointed to the Department.
RELATIVE. Any of the following:
(a) A spouse;
(b) A parent or stepparent;
(c) A child or stepchild, including an adopted child or stepchild;
(d) A brother, sister, stepbrother, or stepsister including a brother or sister by half blood;
(e) A niece or nephew;
(f) An aunt or uncle; or
(g) A daughter-in-law or son-in-law.
(B) Employment policy.
(1) Individuals who are relatives may 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) (a) This division (B)(2) applies to an individual who:
1. Is employed by the town on the date the individual’s relative begins serving a term of an elected office of the town; and
2. Is not exempt from the application under division (C) of this policy.
(b) Notwithstanding, division (B)(1), an individual may remain employed by the town and maintain the individual’s position or rank even if the individual’s employment would violate this policy. However, an individual described in this division, may not be promoted, unless such promotion is within the merit ranks of a merit Fire Department, if the promotion would otherwise violate this policy.
(3) This policy does not abrogate or affect an employment contract with the town that:
(a) An individual is a party to; and
(b) Is in effect on the date the individual’s relative begins serving a term of an elected office of the town.
(C) Exemptions.
(1) An individual who is employed by the town on July 1, 2012, is not subject to this policy unless the individual has a break in employment with the town. The following are not considered a break in employment with the town:
(a) The individual is absent from the workplace while on paid or unpaid leave, including vacation, sick or family medical leave, or worker’s compensation.
(b) The individual’s employment with the town is terminated followed by immediate reemployment by the town, without loss of payroll time.
(2) For purposes of this policy, the following performance of the duties of is not considered employment by the town:
(a) A precinct election officer (as defined in IC 3-5-2-40.1) that are imposed by IC 3; or
(b) A volunteer firefighter.
(D) Certification.
(1) Each elected officer of the town shall annually certify in writing, subject to the penalties for perjury, that the officer has not violated this policy. An officer shall submit the certification to the President of the Town Council not later than December 31 of each year.
(2) The annual report filed by the town with the State Board of Accounts under IC 5-11-13-1 must include a statement by the Executive of the town stating whether the town has implemented a policy under IC 36-1-20.2.
(Res. 2012-2, passed 7-1-12)