(A) The town finds that it is necessary and desirous to adopt a policy of conduct with regard to nepotism in the employment with the town in order to continue to be able to provide local government services to its residents and to comply with the new law effective July l, 2012 known as IC 36-1-20.2.
(B) On July 1, 2012, the town shall have a policy that complies with the minimum requirements of IC 36-1-20.2 (hereinafter “anti-nepotism policy”) which shall become a part of the town’s Policy and Procedure Manual and implementation will begin.
(C) The town’s anti-nepotism policy is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of IC 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 IC 36-1-20.2, the town’s anti-nepotism policy in effect on July l, 2012 is attached to the Resolution passed May 24, 2012 (the “Resolution”).
(D) 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.
(E) All elected and appointed officials and employees of the town are hereby directed to cooperate fully in the implementation of the policies created by the Resolution and demonstrating compliance with the anti-nepotism policy.
(F) Failure to abide by or cooperate with the implementation, compliance and certifications connected with the anti-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 the mandated certifications of the anti-nepotism policy may be subject to action allowed by law.
(G) The anti-nepotism policy created by the Resolution is hereby directed to be implemented by any of the following actions:
(1) Posting a copy of the Resolution in its entirety in at least one of the locations in the town where it posts employer posters or other notices to its employees;
(2) Providing a copy of the Resolution to its employees and elected and appointed officials;
(3) Providing or posting a notice of the adoption of the Resolution; or
(4) Any such other action or actions that would communicate the policies established by the Resolution to its employees and elected and appointed officials. Upon any of taking these actions, the anti-nepotism policy is deemed implemented by the town.
(5) Two copies of IC 36-1-20.2 and as supplemented or amended, are on file in the office of the Clerk-Treasurer for the town for public inspection as maybe required by IC 36-1-5-4.
(Res. passed 5-24-12)