(A) Nepotism.
(1) The town nepotism policy is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of I.C. 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 I.C. 36-1-20.2 in effect on July 1, 2012 is attached to Res. 2012-061212, passed June 12, 2012.
(2) Failure to abide by or cooperate with the implementation, compliance and certifications connected with the nepotism policy is a violation thereof and may result in the discipline, including termination, of an employee or transfer from the direct line of supervision or other curative action. An elected or appointed official of the town 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.
(B) Contracting with a unit by a relative.
(1) The town contracting with a unit by a relative policy is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of I.C. 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 I.C. 36-1-21 in effect on July 1, 2012 is attached to Res. 2012-061212, passed June 12, 2012.
(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 thereof and may result in the discipline, including termination, of an employee or other curative action. An elected or appointed official of the town 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.
(C) The town finds that both I.C. 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.
(D) The town 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 I.C. 36-4-6-11 and 36-5-2-9.4.)
(E) The town finds that a single member of governing bodies with authority over employees in the town cannot act for the governing body to make work assignments, compensation, grievances, advancement or a performance evaluation without prior authority of a majority of the body, when a statute provides that a majority is needed to act, and therefore, without such authority by the majority the single member will not be in the direct line of supervision including, but not limited to the Park Board, Plan Commission, Board of Zoning Appeals, Economic Development Commission and Redevelopment Commission.
(F) All elected and appointed officials and employees of the town are hereby directed to cooperate fully in the implementation of the policies created by this section and demonstrating compliance with these same policies.
(G) (1) The policies created by this section are hereby directed to be implemented by any of the following actions:
(a) Posting a copy of Res. 2012-061212 in its entirety in at least one of the locations in the town where it posts employer posters or other notices to its employees;
(b) Providing a copy of Res. 2012-061212 to its employees and elected and appointed officials;
(c) Providing or posting a notice of the adoption of Res. 2012-061212; or
(d) Any other such action or actions that would communicate the policies established hereunder to its employees and elected and appointed officials.
(2) Upon the taking of any of these actions these policies are deemed implemented by the town.
(H) Two copies of I.C. 36-1-20.2 and 36-1-21, and as supplemented or amended, are on file in the office of the Town Clerk-Treasurer, for public inspection as may be required by I.C. 36-1-5-4.
(Res. 2012-061212, passed 6-12-2012)