(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 Board of County 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. Title 3 is not considered employment by the county.
RELATIVE.
(a) Any of the following:
1. Spouse;
2. Parent or step parent;
3. A child or step child;
4. Brother, sister, step brother or step sister;
5. A niece or nephew;
6. An aunt or uncle; or
7. A daughter-in-law or son-in-law.
(b) 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 County Coroner, is currently ineligible to serve due to term limits under Article 6, § 2(b) of the Constitution of the State of Indiana, has receive certification under I.C. 36-2-14-22.3, and whose successor in the office of County Coroner is a relative may not be employed by county in the office of the 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 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 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.
(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 County Coroner, is currently ineligible to serve due to term limits under Article 6, § 2(b) of the Constitution of the State of Indiana, 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 of those individuals employed by county on July 1, 2012.
(1) 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.
(2) The following are not considered a break in employment with the county:
(a) The individual is absent from the workplace while on paid or unpaid leave, including vacation, sick or family medical leave, or worker’s compensation; and
(b) The individual’s employment with the unit is terminated following by immediate reemployment by the unit, without loss of payroll time.
(E) Contracting policy.
(1) The county may enter into a contract or renew a contract for the procurement of goods and services or a contract for public works with:
(a) An individual who is a relative of an elected official; or
(b) A business entity that is wholly or partially owned by a relative of an elected official.
(2) The county may enter into a contract or renew a contract with an individual or business entity described in division (E)(1) above if all of the following are satisfied:
(a) The elected official files with the county a full disclosure, which must:
1. Be in writing;
2. Describe the contract or purchase to be made by the county;
3. Describe the relationship that the elected official has to the individual or business entity that contracts or purchases;
4. Be affirmed under penalty of perjury;
5. Be submitted to the Board of County Commissioners and be accepted by the Board in a public meeting prior to final action on the contract or purchase; and
6. Be filed, not later than 15 days after final action on the contract or purchase, with:
a. The State Board of Accounts; and
b. The Clerk of the Circuit Court in the county where the Board of County Commissioners takes final action on the contract or purchase.
(b) The appropriate agency of the county:
1. Makes a certified statement that the contract amount or purchase price was the lowest amount or price bid or offered; or
2. Makes a certified statement of the reasons why the vendor or contractor was selected.
(c) The county satisfies any other requirements under I.C. 5-22 or I.C. 36-1-12; and
(d) The elected official complies with the disclosure provisions of I.C. 35-44-1-3, if applicable.
(3) This division (E) does not affect the initial term of a contract in existence at the time the term of office of the elected official of the county begins.
(F) 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 Board of County Commissioners not later than December 31 of each year.
(Res. 2012-04, passed 6-25-2012; Res. 2014-18, passed 11-20-2014)