(A) The town finds that it is necessary and desirous to adopt a policy of conduct with regard to nepotism in employment with the town and with regard to contracting with the town in order to continue to be able to provide local governmental services to its residents and to comply with the laws effective as of July 1, 2012, known as I.C. 36-1-20.2 and I.C. 36-1-21, respectively.
(B) As of July 1, 2012, the town has policies for nepotism and contracting with a unit which comply with the minimum requirements of I.C. 36-1-20.2, hereinafter the “Nepotism Policy”, and I.C. 36-1-21, hereinafter the “Contracting with a Unit by a Relative Policy”, and implementation has begun.
(C) The town’s Nepotism Policy was established effective July 1, 2012, by adopting the minimum requirements provisions of I.C. 36-1-20.2, 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.
(D) The town’s Contracting with a Unit by a Relative Policy was established effective July 1, 2012, by adopting the minimum requirements provisions of I.C. 36-1-21, including all future supplements and amendments which become law from time to time, and making them a part hereof as if fully set out herein.
(E) The town finds that both I.C. 36-1-20.2 and I.C. 36-1-21 specifically allow a unit to adopt requirements which are “more stringent or detailed” and that more detailed requirements are necessary.
(F) The town further finds that a single member of the legislative body cannot act for the body to make work assignments, compensations, grievances, advancements or performance evaluations without the prior authority of a majority of the body, and that therefore, without such authority by the majority, he or she will not be in the direct line of supervision as required by I.C. 36-4-6-11 and I.C. 36-5-2-9.4.
(G) The town finds that a single member of a governing body with authority over employees in the town cannot act for the governing body to make work assignments, compensations, grievances, advancements or performance evaluations without the prior authority of a majority of the body when a statute provides that a majority is needed to act, and that therefore, without such authority by the majority, said single member will not be in the direct line of supervision.
(H) 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 subchapter and in demonstrating compliance with these same policies.
(I) A failure to abide by or cooperate with the implementation, compliance and certifications connected with the Nepotism Policy is a violation, and such violation may result in discipline, including termination, of the employee, 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, compliance and mandated certifications of the Nepotism Policy may be subject to action as allowed by law.
(J) A failure to abide by or cooperate with the implementation, compliance and certifications connected with the Contracting with a Unit by a Relative Policy is a violation, and such violation may result in discipline, including termination, of the employee or a curative action. An elected or appointed official of the town who fails to abide by or cooperate with the implementation, compliance and mandated certifications of the Contracting with a Unit by a Relative Policy may be subject to action as allowed by law.
(K) Two copies of I.C. 36-1-20.2 and I.C. 36-1-21 as supplemented or amended are on file in the office of the Clerk-Treasurer for public inspection as may be required by I.C. 36-1-5-4.
(Ord. 2012-9, passed 6-5-2012) Penalty, see § 10.99