(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 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 County Council or County Board of Commissioners to make decisions regarding salary ordinances, budgets, or personnel policies of the county.
EMPLOYED. An individual who is employed by the county on a full-time, part-time, temporary, intermittent, or hourly basis. The term 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 county. The performance of the duties of a precinct election officer (as defined in I.C. 3-5-2-40.1) that are imposed by I.C. 3 is not considered employment by the county.
RELATIVE.
(1) Any of the following:
(a) Spouse;
(b) Parent or step-parent;
(c) Child or step-child;
(d) Brother, sister, step-brother, or step-sister;
(e) Niece or nephew;
(f) Aunt or uncle; or
(g) Daughter-in-law or son-in-law.
(2) An adopted child of an individual is treated as a natural child of the individual. The terms BROTHER and SISTER shall include a brother or sister by half-blood (a common parent).
(B) Nepotism prohibited.
(1) Individuals who are relatives shall not be employed by the county in a position that results in one relative being in the direct line of supervision of the other relative.
(2) An individual shall not be promoted to a position if the new position would cause his or her relative to be in the direct line of supervision of that individual.
(3) Individuals who are employed by the county on the date the individual’s relative begins serving a term of an elected office in the county, and the individual is in the direct line of supervision of the newly elected official, are prohibited from remaining in that position.
(4) An individual who is a spouse of the County Sheriff may not be employed by the county as prison matron for the county under I.C. 36-8-10-5.
(5) An individual who served as the County Coroner is currently ineligible to serve due to term limits under Article 6 § 2(b) of the Constitution of the State, has receive certification under I.C. 36-2-14-22.3, and whose successor in the office of the County Coroner is a relative may not be employed by the county in the Office of the County Coroner.
(C) Exceptions to prohibition against nepotism.
(1) This section does not abrogate or affect an employment contract with the county that an individual is a party to, and is in effect, on the date the individual’s relative begins service of a term of an elected office of the county.
(2) This section does not apply to individuals who are employed by the county on the date the individual’s relative began serving a term of an elected office in the county, and the individual is in the direct line of supervision of the newly-elected official.
(3) This section does not apply to a spouse of the County Sheriff employed by the county as prison matron for the county under I.C. 36-8-10-5.
(4) This section does not apply to an individual who served as the County Coroner, is currently ineligible to serve due to term limits under Article 6 § 2(b) of the Constitution of the State, has receive certification under I.C. 36-2-14-22.3, and whose successor in the office of County Coroner is a relative.
(D) Impact of section on those employed by the county on July 1, 2012. An individual who is employed by the county on July 1, 2012, is not subject to this section unless the individual has a break in employment with the county. The following are not considered a break in employment with the county:
(1) The individual is absent from the workplace while on paid or unpaid leave, including vacation, sick, or family medical leave, or worker’s compensation; or
(2) The individual’s employment with the unit is terminated followedg by immediate re-employment by the unit, without loss of payroll time.
(E) Certification by elected officers of the county. Each elected officer of the county shall annually certify, in writing, subject to the penalties for perjury, that the officer has not violated this section. An elected officer shall submit the certification to the County Board of Commissioners no later than December 31 of each year.
(Res. 2012-08, passed 6-26-2012)