(A) This Chapter applies to all employees of the City of Lawrenceburg, Indiana.
(B) An individual who is employed by the City of Lawrenceburg on July 1, 2012, is not subject to this chapter unless the individual has a break in employment with the city. The following are not considered a break in employment:
(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.
(2) The individual's employment with the unit is terminated followed by immediate reemployment by the City of Lawrenceburg, Indiana, without loss of payroll time.
(C) For purposes of this chapter, the performance of the duties of either of the following is not considered employment by the City of Lawrenceburg, Indiana:
(1) A precinct election officer (as defined in I.C. 3-5-2-40.1); or
(2) a volunteer firefighter.
(D) As used in this chapter, DIRECT LINE OF SUPERVISION means 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 terms do not include the responsibilities of the executive, legislative body, or fiscal body of a unit, as provided by law, to make decisions regarding salary. As used in this chapter, EMPLOYED means an individual who is employed by the City of Lawrenceburg 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 unit.
(E) As used in this chapter, MEMBER OF THE FIRE DEPARTMENT means the fire chief or a firefighter appointed to the department.
(F) As used in this chapter, MEMBER OF THE POLICE DEPARTMENT means the police chief or a police officer appointed to the department.
(G) As used in this chapter, RELATIVE means any of the following:
(1) A parent or stepparent;
(2) A child or stepchild;
(3) A brother, sister, stepbrother, or stepsister;
(4) A niece or nephew;
(5) An aunt or uncle;
(6) A daughter-in-law or son-in-law; or
(7) A brother-in-law or sister-in-law.
(H) For purposes of this section, an adopted child of an individual is treated as a natural child.
(I) For purposes of this section, the terms BROTHER and SISTER include a brother or sister by the half blood.
(J) An annual report filed by the City of Lawrenceburg, Indiana with the State Board of Accounts under I.C. 5-11-13-1 must include a statement by the executive unit stating whether the City of Lawrenceburg, Indiana has implemented a policy under this chapter.
(K) Individuals who are relatives may not be employed by the City of Lawrenceburg, Indiana in a position that results in one relative being in the direct line of supervision of the other relative.
(L) This section applies to an individual who:
(1) Is employed by the City of Lawrenceburg 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 chapter.
(M) An individual may remain employed by the City of Lawrenceburg and maintain the individual's position or rank even if the individual's employment would result in the relative being in a direct line of supervision of the other relative.
(N) An individual described in this chapter who is a relative 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 result in the direct line of supervision of a relative as defined herein.
(3) This chapter does not abrogate or affect an employment contract with the City of Lawrenceburg that:
(a) An individual is a party to; and
(b) Is in effect on the date the individual's relative begins serving a term of an elected office of the city.
(O) Each elected officer of the City of Lawrenceburg shall annually certify in writing, subject to the penalties for perjury, that the officer has not violated this chapter. An officer shall submit the certification to the executive of the City of Lawrenceburg not later than December 31 of each year.
(P) Failure to properly administer this policy will result in the State Board of Accounts finding that the City of Lawrenceburg has not implemented or does not maintain a nepotism policy and forwarding of the information to the Department of Local Government Finance.
(Q) If the City of Lawrenceburg fails to implement a nepotism policy, the Department of Local Government Finance may not approve:
(1) The city's budget; or
(2) Any additional appropriations for the city; for the ensuing calendar year until the State Board of Accounts certifies to the department of local government.
(Ord. 2021-14, passed 12-6-21)