(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DIRECT LINE OF SUPERVISION. An elected officer or employee of the town 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 executive, legislative body or fiscal body of the town, as provided by law, to make decisions regarding salary ordinances, budgets, or personnel policies of the town.
EMPLOYED. An individual who is 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 of the town. The term includes an individual who is a party to an employment contract with the town.
RELATIVE. Means any of the following:
(a) A spouse;
(b) A parent or stepparent;
(c) A child (natural or adopted) or stepchild;
(d) A brother, half-brother, sister, half-sister, step-brother, or step-sister;
(e) A niece or nephew;
(f) An aunt or uncle; and/or
(g) A daughter-in-law or son-in-law.
(B) Anti-nepotism policy regarding employment matters. In order to comply with state law and in order to avoid potential conflicts of interest, misunderstandings and appearances of favoritism, impropriety or bias, the legislative body has adopted the following policy to establish certain minimum requirements regarding the employment of relatives by any department, office or elected official of the town. Except as otherwise provided herein, individuals who are relatives may not be employed by the town in a position that results in one relative being in the direct line of supervision of the other relative. Accordingly, this policy generally prohibits employment of more than one family member when that employment causes either two members of the same family being employed in the same department, or any form of reporting or supervisory relationship between family members.
(C) Change in relationship; procedure to comply. If, as a result of marriage, birth, adoption, the creation of other family relationships, election results, or hiring decisions, two or more relatives (who are current employees of any office or department in the town) are inadvertently placed into one of the two categories described in the division above, then the relatives shall determine which of the relatives will seek to transfer to another job or otherwise take action to comply with this policy. The town shall have no obligation to either create a new position or job opening for any current employee, or transfer any current employee to a new or existing position or job opening if the individual does not meet all selection standards or fulfill all qualifications deemed to be required for the position by the town. If the relatives are unable to determine which individual(s) will seek to transfer into another position or otherwise take action to comply with this policy, then the Town Council will make a determination to ensure the town’s compliance with this policy. A determination fo the Town Council may include a decision to transfer, reassign, terminate or otherwise take action regarding one of the employees to ensure compliance with this policy. A decision of the Town Council may be based upon a variety of factors and criteria, including, but not limited to: staffing and other needs; the jobs being performed by the employees and the necessity of each job relative to the continued operation of the town government; and each employee’s skills, job knowledge, prior work history, job performance and abilities.
(D) Town employees related to elected officers; promotions. In the event that an individual is an existing employee of the town to whom the provisions of this policy apply on the date the individual’s relative begins serving a term of an elected office of the town, the individual may not remain employed by the town and maintain the individual’s position or rank if the circumstances result in the elected officer being in the direct line of supervision of the existing employee. In this event, the employee who is not an elected official will be required to take action to comply with this policy.
(E) Annual certification by elected officers. Each elected officer of the town shall annually certify in writing, subject to the penalties for perjury, that the officer has not violated this policy or I.C. 36-1-20.2. Each officer shall submit the certification to the Town Council not later than December 31 of each year.
(F) Interpretation of policy. This policy is intended to implement the minimum requirements necessary to comply with I.C. 36-1-20.2, as the same may be amended from time to time. If and to the extent this policy is not in compliance with I.C. 36-1-20.2, this policy shall be deemed to include any terms not otherwise included herein, and to exclude the terms not otherwise excluded herefrom, as are necessary to cause this policy to implement the minimum requirements set forth in I.C. 36-1-20.2. To the extent this policy is inconsistent with any provisions of state law, including, without limitation, I.C. 36-1-20.2, the other provisions of state law shall control. If any portion of this policy is held or deemed to be, or is, invalid, illegal, inoperable or unenforceable, the validity, legality, operability and enforceability of the remaining portions of this policy shall not be affected, and this policy shall be construed as if it did not contain such invalid, illegal, inoperable or unenforceable portion.
(G) Right to review application of policy and make amendments.
(1) The town reserves the right to review the specific facts of any case where this policy is implicated and make exceptions on a case-by-case basis consistent with the provisions of state law, including, without limitation, the provisions of I.C. 36-1-20.2. Furthermore, the town reserves the right to modify or amend the provisions of this policy from time to time consistent with the provisions of state law, including, without limitation, the provisions of I.C. 36-1-20.2.
(2) Failure to abide by or cooperate with the implementation, compliance and certifications connected with the nepotism policy is a violation and may result in discipline, including termination of an employee or a transfer from the direct line of supervision or other curative action. An elected official who fails to abide by or cooperate with the implementation, with the mandated certifications, may be subject to action allowed by law.
(H) Anti-nepotism policy regarding town contracts. In order to comply with state law and in order to avoid potential conflicts of interest, misunderstandings and appearances of favoritism, impropriety or bias, the legislative body has adopted the following policy to establish certain minimum requirements regarding contracts between any department, office or elected official of the town, and relatives (or businesses wholly or partially owned by relatives) of elected officials of the town. Except as otherwise provided herein, the town may enter into or renew a contract for the procurement of goods and services or a contract for public works with either: an individual who is a relative of an elected official, or a business entity that is wholly or partially owned by a relative of an elected official; only if the requirements of this policy are satisfied and the contract would not result in a violation of state law by the elected official.
(I) Procedure to comply. Notwithstanding any provisions of this policy and I.C. 36-1-21, the town may enter into or renew a contract with an individual or business entity described in the paragraph above only if the following conditions are met:
(1) The elected official shall file with the Town Council a full disclosure statement, which must:
(a) Be in writing;
(b) Describe the contract or purchase to be made by the town;
(c) Describe the relationship that the elected official has to the individual or business entity with whom the town seeks to contract or from whom the town seeks to purchase;
(d) Be affirmed under penalty of perjury;
(e) Be submitted to the legislative body of the town and be accepted by the legislative body of the town in a public meeting of the legislative body prior to final action on the contract or purchase; and
(f) Be filed, not later than 15 days after the final action on the contract or purchase, with the State Board of Accounts, and the Clerk of the Circuit Court of Wayne County, Indiana.
(2) The appropriate agency of the town shall file a certified statement with the Town Council: that the contract amount or purchase price was the lowest amount or price bid or offered; or setting forth the reasons why the vendor or contractor was selected.
(3) The town satisfies any other contracting requirements under I.C. 5-22 (concerning the purchase of goods or services) or I.C. 36-1-12 (concerning public works).
(4) The elected official also complies with the disclosure provisions required by state law, if applicable.
(J) Annual certification by elected officers. Each elected officer of the town shall annually certify in writing, subject to the penalties for perjury, that the officer has not violated this policy or I.C. 36-1-21. Each officer shall submit the certification to the Town Council not later than December 31 of each year.
(K) Interpretation of policy. This policy is intended to implement the minimum requirements necessary to comply with I.C. 36-1-21, as the same may be amended from time to time. If and to the extent this policy is not in compliance with I.C. 36-1-21, this policy shall be deemed to include the terms not otherwise included herein, and to exclude the terms not otherwise excluded herefrom, as are necessary to cause this policy to implement the minimum requirements set forth in I.C. 36-1-21. To the extent this policy is inconsistent with any provision of state law, including, without limitation, I.C. 36-1-21, such other provisions of state law shall control. If any portion of this policy is held or deemed to be, or is, invalid, illegal, in operable or unenforceable, the validity, legality, operability and enforceability of the remaining portions of this policy shall not be affected, and this policy shall be construed as if it did not contain such invalid, illegal, inoperable or unenforceable portion.
(L) Right to review application of policy and make amendments. The town reserves the right to review the specific facts of any case where this policy is implicated and make exceptions on a case by case basis consistent with, the provisions of state law, including, without limitation, the provisions of I.C. 36-1-21. Furthermore, the town reserves the right to modify or amend the provisions of this policy from time to time consistent with the provisions of state law, including, without limitation, the provisions of I.C. 36-1-21.
(Res. 6-2012, passed 12-17-2012)