(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEPARTMENT HEAD. The employed or appointed head of any department of the town, including, without limitation, Street Superintendent, the Water Superintendent and the Wastewater Treatment Plant Superintendent.
DIRECT LINE OF SUPERVISION. An officer or department head 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 responsibility of the executive, legislative body or fiscal body of the town, as provided by statute, to make decisions regarding salary ordinances, budgets or personnel policies of the town.
EMPLOYEES. Full-time, part-time, temporary or intermittent employees of the town.
OFFICER. Any elected officer of the town.
RELATIVE. Any of the following:
(a) Spouse;
(b) Parent or stepparent;
(c) Child or stepchild;
(d) Brother, sister, half-brother, half-sister, stepbrother or stepsister;
(e) Niece or nephew;
(f) Aunt or uncle; and
(g) Daughter-in-law or son-in-law.
(B) Prohibited employments.
(1) Employees 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 that person’s relative.
(2) A reemployment after a break in employment is also prohibited. However, if an employee is absent from the workplace while on paid or unpaid leave, including vacation, sick or family medical leave or worker’s compensation, or if employment with the town is terminated followed by immediate reemployment by the town (without loss of payroll time), then such shall not be deemed a break in employment for purposes of this division (B).
(C) Contracting with a unit by a relative. The town hereby established a “contracting with a unit policy” that complies with the minimum requirements of I.C. 36-1-21 (hereinafter, “contracting with a unit by a relative policy”). The town’s “contracting with a unit by a relative policy” shall be deemed to include all future supplements and amendments of I.C. 36-1-21, which requirements are incorporated herein by reference.
(D) Compliance and violations.
(1) 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.
(a) Failure to abide by or cooperate with the implementation, compliance and certifications connected with the nepotism and contracting with a unit by a relative policies is a violation of the policies of the town and may result in the discipline, including termination, of an employee or a transfer for the direct line of supervision or other curative action.
(b) An elected or appointed official of the town who fails to abide by or cooperate with the implementation, compliance and mandated certifications of the nepotism policy may be subject to action allowed by law.
(2) Failure to abide by or cooperate with the implementation, compliance and certifications connected with the contracting with unit by a relative policy is a violation and may result in the discipline, including termination, of an employee or a 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 the mandated certifications of the contracting with unit by a relative policy may be subject to action allowed by law.
(E) Distribution. The Clerk-Treasurer shall distribute copies of this section to all employees elected and appointed officers and obtain written acknowledgments of receipt.
(Prior Code, § 30.06) (Ord. 196-2013, passed 12-10-2013) Penalty, see § 30.99