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§ 36.020 EMPLOYEE REHABILITATION.
   (A)   Health maintenance is primarily a personal responsibility, and it is the individual’s responsibility to correct unsatisfactory job performance or behavioral problems caused by alcohol or drug abuse. In an effort to assist employees, the town will provide various means for employees and their family members to remain aware of the dangers of substance abuse in the workplace and to overcome drug- and alcohol-related problems.
   (B)   Employees with a personal alcohol- or drug-related problem are encouraged to volunteer to participate in an approved rehabilitation program upon referral from the Employee and Family Assistance Program before work performance becomes affected.
   (C)   Participation in a rehabilitation program will not be considered a barrier nor a cause for disciplinary action. Employees will not be disciplined merely because of participation in a rehabilitation program or excused from the disciplinary consequences of conduct which is in violation of this subchapter or any other town policies or job requirements.
   (D)   Any employee identified through a town investigation as having a substance abuse problem also may not avoid disciplinary action by requesting to participate in an approved rehabilitation program.
   (E)   Circumstances in each case will be evaluated to determine the course of action to be taken (i.e., whether the employee will be offered the opportunity to participate in a rehabilitation program and/or will be subject to discipline).
(Ord. 2010-4, passed 5-18-2010)
§ 36.021 TESTING.
   (A)   The town will not ask employees to submit to random alcohol or drug tests.
   (B)   Alcohol or drug tests may be required for employees in the following circumstances:
      (1)   When unsatisfactory job performance or other employee behavior is reasonably indicative of substance abuse;
      (2)   During and after participation in a drug or alcohol rehabilitation program for a reasonable period of time as determined by the town; and
      (3)   When required by law.
   (C)   (1)   If a supervisor identifies an employee with a behavior pattern and/or job performance reasonably indicative of substance abuse, the supervisor (with the concurrence of the next level of supervision) may recommend that the employee have a fitness for duty examination by a physician designated by the town.
      (2)   The physician will determine whether a fitness for duty examination is necessary and whether alcohol or drug tests will be required.
   (D)   Preemployment drug testing is part of the preemployment physical. The method of testing will be determined by the town.
      (1)   Applicants who test positive for prohibited drugs in their systems will not be offered employment.
      (2)   Any questions regarding reapplication opportunities should be directed to the Town Clerk-Treasurer.
(Ord. 2010-4, passed 5-18-2010)
NEPOTISM AND CONTRACTING POLICY
§ 36.035 MINIMUM NEPOTISM REQUIREMENTS ESTABLISHED; SCOPE.
   (A)   The “Town of Darmstadt Nepotism Policy” is hereby established, effective the date of the ordinance codified in this subchapter, regarding minimum requirements regarding the employment of relatives.
   (B)   Any individual who was employed by the town on July 1, 2012, is not subject to this subchapter unless the individual has a break in employment with the town. An individual who is absent from the workplace while on paid or unpaid leave, including paid time off, family medical leave, ADA leave or worker’s compensation, or an individual whose employment with the town is terminated followed by immediate re-employment by the town without loss of payroll time, shall not be considered as a terminated employee under this subchapter.
   (C)   For the purposes of this subchapter, 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, or a volunteer firefighter, is not considered employment by the town.
(Ord. O-2015-2, passed 10-13-2015)
§ 36.036 DEFINITIONS.
   For the purpose of this chapter, 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 executive, legislative 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 unit.
   RELATIVE. A spouse, a parent or stepparent, a child or stepchild, a brother, sister, stepbrother or stepsister, a niece or nephew, an aunt or uncle or a daughter-in-law or son-in-law. For the purposes of this section, an adopted child of an individual is treated as a natural child of the individual, and the terms “brother” and “sister” include a brother or sister by the half-blood.
(Ord. O-2015-2, passed 10-13-2015)
§ 36.037 ANNUAL REPORT STATEMENT.
   The annual report filed by the town with the State Board of Accounts under I.C. 5-11-13-1 must include a statement by the executive of the town stating that the town has implemented a policy under this statute.
(Ord. O-2015-2, passed 10-13-2015)
§ 36.038 RELATIVES MAY NOT BE IN DIRECT LINE OF SUPERVISION.
   (A)   Individuals who are relatives may not be employed by the town in any position that results in one relative being in the direct line of supervision of the other relative.
   (B)   This section applies to an individual who is 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 from the application of this subchapter. Such individual may remain employed by the town and maintain the individual’s position or rank even if the individual’s employment would otherwise violate this subchapter. However, such individual may not be promoted to a new position.
   (C)   This subchapter does not abrogate or affect an employment contract with the town to which an individual is a party that is in effect on the date the individual’s relative begins serving a term in an elected office of the town.
(Ord. O-2015-2, passed 10-13-2015)
§ 36.039 SINGLE COUNCIL MEMBER CANNOT ACT FOR COUNCIL.
   The town finds that a single member of the Town Council cannot act for the Council or governing body to make work assignments, determine compensation, solve grievances, cause advancement or conduct a performance evaluation without prior authority of a majority of the Council or governing body, and therefore, without such authorization, such member will not be considered as in the direct line of supervision of any employee.
(Ord. O-2015-2, passed 10-13-2015)
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