(A) Establishment of a nepotism and contracting with a unit policy.
(1) The town finds that it is necessary and desirous to adopt a policy of conduct with regard to nepotism in the employment with the town and in contracting with the town in order to continue to be able to provide local government services to its residents and to comply with the new laws effective July 1, 2012 known as I.C. 36-1-20.2 and I.C. 36-1-21, respectively.
(2) On July 1, 2012 the town shall have a nepotism and a contracting with a unit policy that complies with the minimum requirements of I.C. 36-1-20.2 (hereinafter "nepotism policy") and I.C. 36-1-21 (hereinafter "contracting with a unit by a relative policy") and implementation will begin.
(3) The town nepotism policy is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of I.C. 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. In addition a copy of I.C. 36-1-20.2, nepotism in effect on July 1 is attached to Ordinance 2013-06, passed August 12, 2013.
(4) The town contracting with a unit by a relative policy is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of I.C. 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. In addition a copy of the I.C. 36-1-21, nepotism in effect on July 1 is attached to Ordinance 2013-06, passed August 12, 2013.
(5) The town finds that both I.C. 36-1-20.2 and I.C. 36-1-21 specifically allow a unit to adopt requirements that are "more stringent or detailed" and that more detailed are necessary.
(6) The town further finds that a single member of the legislative body cannot act for the body to make work assignments, compensation, grievances, advancement or a performance evaluation without prior authority of a majority of the body and therefore without such authority by the majority he or she will not be in the direct line of supervision.
(7) The town 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 the single member will not be in the direct line of supervision.
(8) 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.
(9) 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 either the nepotism policy may be subject to action allowed by law.
(10) Failure to abide by or cooperate with the implementation, compliance and certifications connected with the contracting with unit by a relative policy is a violation and may result in the discipline, including termination, of an employee or a 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 either the nepotism policy or the contracting with unit by a relative policy may be subject to action allowed by law.
(11) The policies created by this section are hereby directed to be implemented by any of the following actions:
(a) Posting a copy of this section in its entirety in at least one of the locations in the town where it posts employer posters or other notices to its employees;
(b) Providing a copy of this section to its employees and elected and appointed officials;
(c) Providing or posting a notice of the adoption of this section; or
(d) Any such other action or actions that would communicate the polices established by this section to its employees and elected and appointed officials. Upon any of taking these actions these policies are deemed implemented by the town.
(12) A copy of the provisions of I.C. 36-1-20.2 and I.C. 36-1-21 effective July 1, 2012 are annexed to Ordinance 2013-06, passed August 12, 2013.
(13) Two copies of I.C. 36-1-20.2 and I.C. 36-1-21, and as supplemented or amended, are on file in the office of the Clerk or Clerk-Treasurer for the town for public inspection as may be required by I.C. 36-1-5-4.
(B) The town’s policy regarding nepotism in employment.
(1) The town’s policy is to hire, promote, and transfer employees on the basis of individual merit and to avoid any hint of favoritism or discrimination making such decisions. The employment of relatives in positions where one might have influence over the other's status or job security is regarded as a potential violation of the town's policy.
(2) Additionally, the town makes every attempt to avoid favoritism and conflicts of interest in employment related decisions.
(3) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BREAK IN EMPLOYMENT. Termination, retirement, or resignation of an employee from the town's employment. A break in employment will not occur due to absence from the workplace while on a paid or unpaid leave, including but not limited to, vacation, personal days, sick or family medical leave or workers' compensation leave or if the employment is terminated followed by immediate re-employment by the town without loss of payroll time.
DIRECT LINE OF SUPERVISION. An elected official or employee who is in a position to affect the terms and conditions of another's employment, including, but not limited to: making decisions about work assignments, compensation, grievances, advancement, or performance evaluations.
ELECTED OFFICIAL. The Town Council members and the Town Clerk-Treasurer.
EMPLOYED. An individual 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.
RELATIVE. Includes spouses; parents or step-parents; child or step-child (includes adopted children); sister, brother, step-sister, step-brother (includes sister or brother by the half blood); niece or nephew; aunt or uncle; and daughter-in-law or son-in-law.
(4) The town prohibits its elected officials, town supervisors, and employees from hiring, for full-time, part-time, temporary, intermittent, or hourly employment, their relatives. Elected officials, town supervisors, and employees shall not manage and/or supervise a relative who is employed in a position that places the relative in the direct line of supervision of the elected official, town supervisor, or employee.
(5) A full-time, part-time, temporary, intermittent or hourly employee hired prior to July 1, 2012, shall not be affected by this provision, unless the employee experiences a break in employment after July 1, 2012.
(6) After July 1, 2012, all prospective town employees shall be required to sign the Verification of Applicant for Employment for Compliance with Town of Ellettsville Nepotism Policy certifying that they are not related to any town employees who might be in a direct line of supervision over them and provide the form to the prospective town supervisor.
(7) After July 1, 2012 all employees shall report to their respective town supervisors any marriages, adoptions, divorces, or other events which might affect the status of their employment within ten days of the event occurring.
(8) In addition to any other disclosures required by this policy or by statute, the following actions must be taken:
(a) 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 Town Council President that the town has implemented a nepotism policy with regard to employment matters.
(b) Prior to December 31 of each year, each elected official shall submit to the Town Council President a certification in writing, subject to the penalties for perjury, that said officer has not violated the provisions of the town's nepotism policy with regard to employment matters.
(9) It is the intent of the town to fully comply with I.C. 36-1-20.2, the terms and provisions of which are incorporated into ordinance by reference. Where a term or provision set forth above differs from the incorporated terms and provisions of I.C. 36-1-20.2, the more restrictive or limiting term or provision shall take precedence.
(10) In the event that an existing employment policy, personnel policy, ordinance or parts of an ordinance conflict with the foregoing provisions of this section, the provisions of this section shall take precedence.
(11) The Verification of Applicant for Employment for Compliance with Town of Ellettsville Nepotism Policy, and the Certification of Elected Official to the Executive of the Town of Ellettsville on Compliance with Town of Ellettsville Nepotism Policy regarding direct line supervision shall be, and hereby are, in the forms attached to Ordinance 2013-06, passed August 12, 2013, and incorporated herein as Exhibits 1 and 2, respectively.
(C) The town’s policy regarding contracting with a unit. The town’s policy regarding contracting with a unit is codified at § 33.15, Contracting with Relatives of Elected Officials.
(Ord. 05-04, passed 2-28-2005; Am. Ord. 2012-01, passed 1-9-2012; Am. Ord. 2012-13, passed 6-25-2012; Am. Ord. 2012-14, passed 7-23-2012; Am. Ord. 2013-06, passed 8-12- 2013)