(A) The county’s Personnel Policies Handbook, adopted on January 20, 2009, is amended as specified in division (B) below.
(B) The following policies are hereby adopted and shall be in full force and effect on and after adoption and shall supersede existing oral or written personnel policies and procedures.
(1) Nepotism.
(a) Effective July 1, 2012, I.C. 36-1-20.2 specifies that relatives may not be employed by the county in positions that result in one relative being in the direct line of supervision of the other relative. An employee who is employed by the county as of June 30, 2012 is not subject to the nepotism provision, unless the employee has a break in employment with this county in the future.
(b) This nepotism policy does not apply to the County Sheriff’s spouse employed as the jail matron or to relatives of the County Coroner who have previously served as the County Coroner. Direct line of supervision is defined as 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.
(c) The state code defines RELATIVE to include: A spouse; a parent or step-parent; a child or stepchild; a brother, sister, step-brother or step-sister; a niece or nephew; an aunt or uncle; a daughter-in-law or son-in-law; an adopted child; and a brother or sister by half-blood.
(d) Each elected office holder of the county shall annually certify in writing that the officer is in compliance with the nepotism policy under I.C. 36-1-20.2. Such certification must be submitted to the County Commissioners not later than December 31 of each year.
(e) An elected official or department head in violation of this policy may be subject to penalties for perjury, which is a Class D felony with up to three years’ prison sentence. The county’s failure to adopt policies under I.C. 36-1-20.2 will result in the Department of Local Government Finance not approving the county’s budget or any additional appropriations for the ensuing calendar year until the state’s Board of Accounts certifies the county is in compliance.
(2) Elective officer and county employment restricted.
(a) Effective January 1, 2013, I.C. 3-5-9 specifies that a county employee is considered to have resigned from employment with the county if the employee assumes the elected executive office of the county or becomes an elected member of the county’s legislative or fiscal body.
(b) A volunteer firefighter may not assume or hold a position on the executive, legislative or fiscal body of the county if the county receives fire protection services from the Department in which the volunteer firefighter serves. Fire protection services provided under mutual aid agreements are excluded. An employee or volunteer who assumes or holds an elected office on January 1, 2013 may continue to hold the office and be employed by the county or serve as a volunteer firefighter until the expiration of the term of office.
(3) Contracting with the county.
(a) Effective July 1, 2012, I.C. 36-1-21 states that the county may enter into a contract or renew a contract for the procurement of goods and services or a contract for public works with an individual who is a relative of an elected official or a business entity that is wholly or partially owned by a relative of an elected official only if the elected official files a full disclosure which must:
1. Be in writing;
2. Describe the contract or purchase;
3. Describe the relationship of the official to the business;
4. Be affirmed under penalty of perjury;
5. Be submitted to the legislative body prior to final action; and
6. Be filed (within 15 days of final action) with the state’s Board of Accounts and the County Clerk.
(b) If a contract is entered into with a relative, the appropriate agency of the county shall make a certified statement that the contract amount or purchase price was the lowest amount or price offered or make a certified statement of the reasons the vendor or contractor was selected. Contracts in existence prior to July 1, 2012 are excepted.
(c) An elected official that is in violation of this policy may be subject to penalties for perjury, which is a Class D felony with up to three years prison sentence. The county’s failure to adopt policies or failure to include a statement in the R-100 personnel report under I.C. 36-1-21 will result in the Department of Local Government Finance not approving the county’s budget or any additional appropriations for the ensuing calendar year.
(4) Employee insurance. The following elected officials are excluded from health insurance eligibility: County Commissioners; County Council; County Coroner; and County Surveyor.
(5) Holidays. Part-time employees are not eligible for holiday pay. If a county holiday falls on a part-time employee’s regular scheduled work day, the department head may reschedule the former’s work day to another day or the part-time employee can take the holiday unpaid.
(6) Vacation. Vacation pay accrues on a pro-rated basis throughout the year. Upon leaving employment, an employee is entitled to vacation pay accrued to that point.
(7) Business travel. Tips and/or gratuities incurred for official county business shall be paid and/or reimbursed up to 15% of the incurred cost.
(Ord. 2012-3, passed 5-22-2012; Ord. 2020-001, passed 1-6-2020)