§ 35.32  PROHIBITED NEPOTISTIC HIRING.
   (A)   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. Individuals who are employed by the town on the date the individual’s relative begins serving a term of an elected office of the town; and is not otherwise exempt as provided for in this policy or I.C. 36-1-20.2 may remain employed by the town and maintain the individual’s position or rank even if the individual’s employment would otherwise violate this policy. Such an individual however, may not:
      (1)   Be promoted to a position; or
      (2)   Be promoted to a position that is not within the merit ranks, in the case of an individual who is a member of a merit Police Department or merit Fire Department if the new position would violate division (A) above.
   (B)   This policy does not abrogate or affect an employment contract with the town that:
      (1)   An individual is a party to; and
      (2)   Is in effect on the date the individual’s relative begins serving a term of an elected office of the town.
   (C)   This policy does not apply to an individual who is employed by the town on July 1, 2012, 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; or
      (2)   The individual’s employment with the unit is terminated followed by immediate re- employment by the town, without loss of payroll.
   (D)   For purposes of this policy, the performance of the duties of by the following is not considered employment by the town:
      (1)   A precinct Election Officer (as defined in I.C. 3-5-2-40.1) that are imposed by I.C. 3; or
      (2)   A volunteer firefighter.
(Res. 2012-6-2, passed 6-12-2012)