§ 32.05 NEPOTISM POLICY; CONTRACTING POLICY FOR ELECTED OFFICIALS.
   (A)   Nepotism.
      (1)   This policy applies to all units within the governmental structure of the city;
      (2)   An individual who is employed by a unit on July 1, 2012, is not subject to this section of the policy unless the individual has a break in employment with the unit. The following are not considered a break in employment with the unit:
         (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.
         (b)   The individual's employment with the unit is terminated followed by immediate reemployment by the unit, without the loss of payroll time.
      (3)   For purposes of this section, the performance of the duties of:
         (a)   A precinct election officer (as defined by I.C. 3-5-2-40.1) that are imposed by I.C. 3; or
         (b)   A volunteer firefighter;
is not considered employment by a unit.
      (4)   As used in this section, 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 term does not include the responsibilities of the Mayor or the Common Council, as provided by law, to make decisions regarding salary ordinances, budgets, or personnel policies of the unit.
      (5)   As used in this section, EMPLOYED means an individual who is employed by a unit 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.
      (6)   As used in this section, MEMBER OF THE FIRE DEPARTMENT means the Fire Chief or a firefighter appointed to the Department.
      (7)   As used in this section, MEMBER OF THE POLICE DEPARTMENT means the Police Chief or a police officer appointed by the Department.
      (8)   As used in this section, RELATIVE means any of the following:
         (a)   1.   a.   A spouse.
               b.   A parent or stepparent.
               c.   A child or stepchild.
               d.   A brother, sister, stepbrother, or stepsister.
               e.   A niece or nephew.
               f.   An aunt or uncle.
               g.   A daughter-in-law or son-in-law.
            2.   For purposes of this section, an adopted child of an individual is treated as a natural child of the individual.
            3.   For purposes of this section, the terms "brother" and "sister" include a brother or sister by the half blood.
         (b)   Pursuant to I.C. 36-1-20.2-9(b) the Mayor shall file an annual report with the State Board of Accounts under I.C. 5-11-13-1 and must include a statement that the city has implemented this policy contained in this section.
         (c)   Individuals who are relatives may not be employed by a unit in a position that results in one relative being in the direct line of supervision of the other relative.
         (d)   1.   This division applies to an individual who:
               a.   Is employed by a unit on the date the individual's relative begins serving a term of an elected office within city government; and
               b.   Is not exempt from the application of this section under division (A)(2).
            2.   An individual may remain employed by the city and maintain their position or rank even if the individual's employment would violate division (A)(8)(c).
            3.   An individual described in division (A)(8)(d)2.of this section may not be promoted to a position if the new position would violate division (A)(8)(c).
         (e)   This section does not abrogate or affect an employment contract with a unit 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 within the city.
         (f)   Each elected officer of the city shall annually certify in writing, subject to the penalties for perjury, that the officer has not violated this section. An officer shall submit the certification to the Mayor not later than December 31 of each year.
   (B)   Contracting with the city.
      (1)   As used in this section, ELECTED OFFICIAL means:
         (a)   The Mayor or executive;
         (b)   A member of the Common Council for the city;
         (c)   City Clerk or any other position that is obtained by election.
      (2)   As used in this section, RELATIVE means any of the following:
         (a)   1.   a.   A spouse.
               b.   A parent or stepparent.
               c.   A child or stepchild.
               d.   A brother, sister, stepbrother, or stepsister.
               e.   A niece or nephew.
               f.   An aunt or uncle.
               g.   A daughter-in-law or son-in-law.
            2.   For purposes of this section, an adopted child of an individual is treated as a natural child of the individual.
            3.   For purposes of this section, the terms "brother" and "sister" include brother and sister by the half blood.
         (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 Mayor stating whether the city has implemented a policy under this section.
      (3)   (a)   The city may enter into a contract or renew a contract for the procurement of goods and services or a contract for public works with:
            1.   An individual who is a relative of an elected official; or
            2.   A business entity that is wholly or partially owned by a relative of an elected official;
only if the requirements of this section are satisfied and the elected official does not violate state law.
         (b)   The city may enter into a contract or renew a contract with an individual or business entity described in division (B)(3)(a):
            1.   The elected official files with the unit a full disclosure, which must:
               a.   Be in writing;
               b.    Describe the contract or purchase to be made by the city;
               c.    Describe the relationship that the elected official has to the individual or business entity that contracts or purchases;
               d.   Be affirmed under penalty of perjury;
               e.   Be submitted to the Common Council for the city and be accepted by the Common Council in a public meeting prior to the final action on the contract or purchase; and
               f.   Be filed, not later than 15 days after final action on the contract or purchase, with:
                  i.    The State Board of Accounts; and
                  ii.    The Clerk of the Circuit Court of Grant County.
            2.   The Appropriate Department of the city:
               a.    Makes a certified statement that the contract amount or purchase price was the lowest amount or price bid or offered; or
               b.    Makes a certified statement of the reason why the vendor or contractor was selected; and
            3.   The city satisfies any other requirements under I.C. 5-22 or I.C. 36-1-12.
         (c)   An elected office shall also comply with the disclosure provisions of state law, if applicable.
         (d)   This section does not affect the initial term of a contract in existence at the time the term of office of the elected official of the city begins.
      (4)   Each elected officer of the city shall annually certify in writing, subject to the pains and penalty of perjury, that the office is in compliance with I.C. 36-1-21-6. An officer shall submit the certification to the Mayor not later than December 31 of each year.
(Res. 6-2012, passed 6-19-2012)