(A) Effective July 1, 2012 IC 36-1-20.2 specifies that relatives may not be employed by the city in positions that result in one relative being in the direct line of supervision of the other relative. An employee who is employed by the city as of June 30, 2012, is not subject to the nepotism provision unless the employee has a break in employment with this city in the future.
(B) Direct line of supervision is defined as 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.
(C) The Indiana Code defines “RELATIVE” to include a spouse; a parent or step-parent; a child or stepchild; a brother, sister, step-brother, or step-sister; a niece or nephew; an aunt or uncle; a daughter-in-law or son-in-law; an adopted child; and a brother or sister by half blood.
(D) The Clerk-Treasurer and each city department head shall annually certify in writing that the office or department is in compliance with the nepotism policy under IC 36-1-20.2. Such certification must be submitted to the Mayor not later than December 31 of each year.
(E) An elected official or department head that is in violation of this policy may be subject to penalties for perjury which is a class D felony with up to three years prison sentence. The city’s failure to adopt policies under IC 36-1-20.2 (Nepotism) will result in the Department of Local Government Finance not approving the city’s budget or any additional appropriations for the ensuing calendar year until the State Board of Accounts certifies the city is in compliance.
(Ord. 2018-16, passed 1-7-19)