(A) This subchapter establishes a minimum requirement regarding employment of relatives. The Common Council hereby adopts a policy that includes, at minimum, the requirements set forth in this subchapter. The Common Council has additionally chosen to set policy that includes requirements that are more stringent or detailed than the minimum provisions in this subchapter, and may apply to individuals who are exempted or excluded from the application of the state law. The city may prohibit the employment of a relative that is not otherwise prohibited by this subchapter.
(B) The annual report filed by the city with the State Board of Accounts under I.C. 5-11-13-1 must include a statement by the city executive (as defined by I.C. 36-1-2-5), stating whether the city has implemented a policy under this subchapter.
(C) 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.
(D) This section applies to an individual who:
(1) Is employed by the city on the date the individual's relative begins serving a term of an elected office of the city; and
(2) Is not exempt from the application of this subchapter under § 37.136.
(E) Unless a policy adopted under this section provides otherwise, an individual may remain employed by the city and maintain the individual's position or rank even if the individual's employment would violate division (C) above.
(F) Unless a policy adopted under divisions (A) and (B) above provides otherwise, an individual described in division (E) above may not:
(1) Be promoted to a position; or
(2) 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 (C) above.
(G) This subchapter does not abrogate or affect an employment contact 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.
(Ord. 9162, passed 6-11-2012)