(A) This policy applies to the Common Council, the Board of Public Works and Safety, the Mayor’s office, Utility Service Board, all city departments, all other city boards and commissions and any other bodies formed or operating under the authority of the city.
(B) An individual who is employed by the city of July 1, 2012, is not subject to this policy unless the individual has a break in employment with the city. The following are not considered a break in employment with the city:
(1) The individual who is absent from the workplace while on paid or unpaid leave, including vacation, sick, or family medical leave, or worker’s compensation.
(2) The individual’s employment with the city is terminated followed by immediate reemployment by the city without loss of payroll time.
(C) For purposes of this policy, the performance of the duties of:
(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;
is not considered employment by the city.
(D) Definitions. For the purposes of this policy, 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 Mayor or the Common Council, as provided by law, to make decisions regarding salary ordinances, budgets, or personnel policies of the city.
EMPLOYEE. An individual who is employed by the city on a full-time, part-time, temporary, intermittent, or hourly basis. The tem 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 city.
MEMBER OF THE FIRE DEPARTMENT. The Fire Chief or a firefighter appointed to the Department.
MEMBER OF THE POLICE DEPARTMENT. The Police Chief or a police officer appointed to the Department.
RELATIVE.
(a) Any of the following:
1. A spouse.
2. A parent or stepparent.
3. A child or stepchild.
4. A brother, sister, stepbrother, or stepsister.
5. A niece or nephew.
6. An aunt or uncle.
7. A daughter-in-law or son-in-law.
(b) For purposes of this definition, an adopted child of an individual is treated as a natural child of the individual.
(c) For purposes of this definition, BROTHER and SISTER include a brother or sister by the half blood.
(E) This policy establishes minimum requirements regarding employment of relatives.
(F) Individuals who are relatives may not be employed by the city in a position that results in one relative being in the direct line of supervision of the other relative.
(G) (1) This section applies to an individual who:
(a) Is employed by the city on the date the individual’s relative begins serving a term of an elected office of the city; and
(b) Is not exempt from the application of this policy under division (B) above.
(2) An individual meeting the criteria of division (G)(1)(a) and (b) above may remain employed by the city and maintain the individual’s position or rank even if the individual’s employment would otherwise violate division (F) above.
(3) An individual described in division (G)(2) above, however, may not:
(a) Be promoted to a position; or
(b) 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 (F) above.
(H) This policy does not abrogate or affect an employment contract with the city 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 city.
(I) Each elected officer of the city shall annually certify in writing, subject to penalties of perjury, that the officer has not violated this policy or the provisions of I.C. 36-1-20.2. An officer shall submit the certification to the Mayor not later than December 31 of each year.
(J) The annual report filed by the city with the State Board of Accounts under I.C. 5-11-13-1 shall include a statement by the Mayor stating whether the city has implemented a policy under I.C. 36-14-20.2.
(Res. 12-02, passed 6-25-12)