(A) Definition. For the purposes of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
“RELATIVE.” Spouse, parent, stepparent, child (natural or adopted), stepchild, brother, half-brother, sister, half-sister, stepbrother, stepsister, niece, nephew, aunt, uncle, daughter-in-law or son-in-law.
(B) Adoption of policies.
(1) On July 1, 2012, the town shall have a Nepotism and Contracting with a Unit Policy that complies with the minimum requirements of IC 36-1-20.2 (hereinafter “Nepotism Policy”) and IC 36-1-21 (hereinafter “Contracting with a Unit by a Relative Policy”) and implementation will begin.
(2) The town’s Nepotism Policy is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of IC 36-1-20.2, and including all future supplements and amendments thereto which become law from time to time, and making them a part hereof as if fully set out herein.
(3) The town’s Contracting with a Unit by a Relative Policy is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of IC 36-1-21, and including all future supplements and amendments thereto which become law from time to time, and making them a part hereof as if fully set out herein.
(4) The Council finds that both IC 36-1-20.2 and IC 36-1-21 specifically allow a unit to adopt requirements that are “more stringent or detailed” and that more detailed are necessary.
(5) The Council further finds that a single member of Council cannot act for the entire Council to make work assignments, compensation, grievances, advancement or a performance evaluation without prior authority of a majority of the Council, and therefore, without such authority by a majority he or she will not be in the direct line of supervision.
(6) The Council finds that a single member of governing bodies with authority over employees in the town cannot act for the governing body to make work assignments, compensation, grievances, advancement or a performance evaluation without prior authority of a majority of the body, when a statute provides that a majority is needed to act, and therefore, without such authority by the majority a single member will not be in the direct line of supervision.
(7) All elected and appointed officials and employees of the town are hereby directed to cooperate fully in the implementation of the policies created by this section and demonstrating compliance with these same policies.
(8) (a) The policies created by this section are hereby directed to be implemented by any of the following actions:
1. Posting a copy of Ord. No. 2012-9 in its entirety in at least one of the locations in the town where it posts employer posters of other notices to its employees;
2. Providing a copy of Ord. No. 2012-9 to its employees and elected and appointed officials;
3. Providing or posting a notice of the adoption of Ord. No. 2012-9; or
4. Any such other action or actions that would communicate the policies established by this section to its employees and elected and appointed officials.
(b) Upon the taking of any of these actions, the policies are deemed implemented by the town.
(9) A copy of the provisions of IC 36-1-20.2 and IC 36-1-21, effective July 1, 2012, are attached to Ord. No. 2012-9 and are incorporated herein by reference.
(10) Two copies of IC 36-1-20.2 and IC 36-1-21, and as supplemented or amended, are on file in the office of the Clerk or Clerk-Treasurer for the Town of Edinburgh for public inspection as may be required by IC 36-1-5-4.
(C) Violation; penalties.
(1) Failure to abide by or cooperate with the implementation, compliance and certifications connected with the Nepotism Policy is a violation and may result in the discipline, including termination, of an employee or a transfer from the direct line of supervision or other curative action. An elected or appointed official of the town who fails to abide by or cooperate with the implementation, with the compliance and with mandated certifications of the Nepotism Policy may be subject to action allowed by law.
(2) Failure to abide by or cooperate with the implementation, compliance and certifications connected with the Contracting with the Unit by a Relative Policy is a violation and may result in the discipline, including termination, of an employee or a transfer from the direct line of supervision or other curative action. An elected or appointed official of the town who fails to abide by or cooperate with the implementation, with the compliance and with mandated certifications of the Contracting with the Unit by a Relative Policy may be subject to action allowed by law.
(Ord. 2012-9, passed 6-25-12)
Cross-references:
Town Council, see Ch. 30
Town officials, see Ch. 31