(A) In general.
(1) Huntertown finds that it is necessary and desirous to adopt a policy of conduct with regard to nepotism in the employment with Huntertown and in contracting with Huntertown in order to continue to be able to provide local government services to its residents and to comply with the new laws effective July 1, 2012 known as IC 36-1-20.2 and IC 36-1-21, respectively.
(2) On July 1, 2012, Huntertown shall have a nepotism and a contracting with a unit policy that complies with the minimum requirements of IC 36-1-20.2 (hereinafter “nepotism policy”) and IC 36-1-21 (contracting with a unit by a relative policy”) and implementation will begin.
(B) Nepotism policy.
(1) Huntertown nepotism policy is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of IC 36-1-20.2, and 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. In addition, a copy of IC 36-1-20.2 in effect on July 1, 2012 is attached to Res. 12-008 and is available for public inspection in the office of the Town Clerk during normal business hours.
(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 the discipline, including termination, of an employee or a transfer from the direct line of supervision or other curative action. An elected or appointed official of Huntertown who fails to abide by or cooperate with the implementation, with the compliance and with mandated certifications of the nepotism policy may be subject to action allowed by law.
(C) Contracting with a unit by a relative policy.
(1) Huntertown contracting with a unit by a relative policy is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of IC 36-1-21, and 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. In addition, a copy of IC 36-1-21 in effect on July 1, 2012 is attached to Res. 12-008 and is available for public inspection in the office of the Town Clerk during normal business hours.
(2) 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 may result in the discipline, including termination, of an employee or a curative action. An elected or appointed official of Huntertown who fails to abide by or cooperate with the implementation, with the compliance and with mandated certifications of the contracting with a unit by a relative policy may be subject to action allowed by law.
(D) Applicable to both policies.
(1) Huntertown finds that both IC 36-1-20.2 and 36-1-21 specifically allow a unit to adopt requirements that are “more stringent or detailed” and that more detailed are necessary.
(2) Huntertown further finds that a single member of the legislative body cannot act for the body to make work assignments, compensation, grievances, advancement or a performance evaluation without prior authority of a majority of the body and therefore without such authority by the majority he or she will not be in the direct line of supervision. See IC 36-5-2-13.
(3) All elected and appointed officials and employees of Huntertown are hereby directed to cooperate fully in the implementation of the policies created by this section and demonstrating compliance with these same policies.
(4) (a) The policies created by this section are hereby directed to be implemented by any of the following actions:
1. Posting a copy of Res. 12-008 in its entirety in at least one of the locations in Huntertown where it poste employer posters or other notices to its employees;
2. Providing a copy of Res. 12-008 to its employees and elected and appointed officials;
3. Providing or posting a notice of the adoption of Res. 12-008; or
4. Any such other action or actions that would communicate the policies established by Res. 12-008 to its employees and elected and appointed officials.
(b) Upon taking of any of these actions these policies are deemed implemented by Huntertown.
(Res. 12-008, passed 6-18-12)