(A) Definitions. For the purposes of this section, the following definitions shall apply.
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, and advancement or performance evaluation. The term does not include the responsibilities of the executive, legislative body or fiscal body of the town, as provided by law, to make decisions regarding salary ordinances, budgets or personnel policies of the town.
EMPLOYED. An individual who is employed by the town on a full-time, part-time, temporary, intermittent or hourly basis. The term does not include an individual who holds an elected office. The
term includes an individual who is a party to an employment contract with the town.
MEMBER OF THE FIRE DEPARTMENT. The fire chief or a firefighter appointed to the department.
RELATIVE. Any of the following:
(1) A spouse;
(2) A parent or stepparent;
(3) A child or stepchild, including an adopted child or stepchild;
(4) A brother, sister, stepbrother or stepsister, including a brother or sister by half-blood;
(5) A niece or nephew;
(6) An aunt or uncle; and
(7) A daughter-in-law or son-in-law
(B) Employment policy.
(1) Individuals who are relatives may not be employed by the town in a position that results in one relative being in the direct line of supervision of the other relative.
(2) This division applies to an individual who:
(a) Is employed by the town on the date the individual's relative begins serving a term of an elected office of the town; and
(b) Is not exempt from the application under division (C) of this policy.
Notwithstanding, division (B)(1), an individual may remain employed by the town and maintain the individual 's position or rank even if the individual's employment would violate this policy. However, an individual described in this division, may not be promoted, unless such promotion is within the merit ranks of a merit Fire Department, if the promotion would otherwise violate this policy.
(3) This policy does not abrogate or affect an employment contract with the town 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 town.
(C) Exemptions.
(1) An individual who is employed by the town on July 1, 2012, is not subject to this policy unless the individual has a break in employment with the town. The following are not considered a break in employment with the town:
(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 town is terminated followed by immediate reemployment by the town, without loss of payroll time.
(2) For purposes of this policy, the performance of the duties of:
(a) A precinct election officer (as defined in I.C. § 3-5-2-40.1) that are imposed by I.C. § 3; or
(b) A volunteer firefighter is not considered employment by the town.
(D) Certification.
(1) Each elected officer of the town shall annually certify in writing, subject to the penalties for perjury, that the officer has not violated this policy. An officer shall submit the certification to the Clerk- Treasurer of the town not later than December 31 of each year.
(2) The annual report filed by the town with the State Board of Accounts under I.C. § 5-11-13-1 must include a statement by the Clerk-Treasurer of the
town stating whether the town has implemented a policy I.C. § 36-1-20.2.
(Res. 3-9-15-01, passed 3-9-2015)