The Town Council now establishes a policy prohibiting nepotism as defined herein, as follows.
(A) Employment of relatives in direct line of supervision prohibited.
(1) Individuals who are relatives may not be employed by the town in a position resulting in one relative being in a direct line of supervision of the other relatives. Employment shall also include any individual who is a party to an employment contract with the town.
(2) The term RELATIVE, includes any of the following: a spouse; a parent or stepparent; a child or stepchild; a brother, sister, stepbrother or stepsister; a niece or nephew; and aunt or uncle; a daughter-in-law or a son-in-law.
(3) The phrase DIRECT LINE OF SUPERVISION means that an elected officer or employee is in a position to affect the terms and conditions of an individual’s employment, including, but not limited to, making decisions about work assignments, compensation, grievances, advancement and performance evaluation.
(B) Exclusions.
(1) Individuals who were already employed by the town as of 7-1-2012, are exempt from this policy unless the individual has a break of employment with the unit.
(2) Decisions by the Town Council relative to the budget, the implementation of salary ordinances or the implementation of personnel policies are not subject to this policy.
(3) Individuals who hold only an elective office are not considered employed for the purposes of this section.
(4) An employee is not in violation of this section if the employee is already employed by the town on the date his or her relative assumes an elected position; in such cases, the employee may keep his or her position; however, the exempt employee may not thereafter be promoted to a new position.
(C) Policy with respect to contractors. The town may enter into a contract or renew a contract for the procurement of goods and services or a contract for public work with an individual who is a relative of an elected official of the town or with a business entity that is wholly or partially owned by a relative of an elected official if:
(1) The elected official files with the town a full disclosure, which must:
(a) Describe in writing the contract or purchase to be made by the unit;
(b) Describe the relationship that the elected official has to the individual or business entity that contracts or purchases;
(c) Be affirmed under penalty of perjury;
(d) Be submitted to the Town Council prior to final action on the contract; and
(e) Be filed, not later than 15 days after final action on the contract or purchase with the State Board of Accounts, and with the Clerk of the Circuit Court in the county where the unit takes final action on the contract or purchase, and in the records of the Town Council.
(2) If the Town Council makes a certified statement:
(a) That the contract amount or purchase price was the lowest amount or price bid or offered; or
(b) Makes a certified statement of the reasons why the vendor or contractor was selected and meets any other requirements under I.C. 5-22 or I.C. 36-1-12.
(3) An elected official shall also comply with the disclosure provisions of I.C. 35-44.1-1-4, if applicable.
(4) 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 town begins.
(D) Enforcement provisions.
(1) Each elected officeholder of the town shall certify annually, in writing, subject to the penalties for perjury, that the officer has not violated this chapter. The annual certification shall be submitted to the Town Council president on or before December 31 of each year.
(2) Failure to abide by or cooperate with the implementation, compliance and certifications connected with the nepotism policy is a violation and may result in the discipline, including termination, of an employee or a 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.
(3) The policies created by this section are hereby directed to be implemented by any of the following actions:
(a) Posting a copy of this section in its entirety in a prominent place at Town Hall;
(b) Providing a copy of this section to all employees and elected officials; and
(c) Two copies of this section shall also be maintained and on file at the office of the Clerk-Treasurer for public inspection,
(Ord. 2014-12-31-15, passed 12-2-2014)