(A) Definitions.
(1) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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, advancement, or performance evaluation. The term does not include the responsibilities of the County Council or Board of County Commissioners to make decisions regarding salary ordinances, budgets, or personnel policies of the county.
EMPLOYED. An individual who is employed by the county on a full-time, part-time, temporary, intermittent, or hourly basis. The term does not include an individual who holds only an elected office. The term includes an individual who is a party to an employment contract with the county. The performance of the duties of a precinct election officer (as defined in I.C. 3-5-2-40.1) that are imposed by I.C. 3 is not considered employment by the county.
RELATIVE. Any of the following:
1. Spouse;
2. Parent or step-parent;
3. A child or step-child;
4. Brother, sister, step-brother or step-sister;
5. A niece or nephew;
6. An aunt or uncle; or
7. A daughter-in-law or son-in-law.
(2) An “adopted child” of an individual is treated as a natural child of the individual. The terms BROTHER and SISTER shall include a brother or sister by half-blood (a common parent).
(B) Nepotism prohibited.
(1) Individuals who are relatives shall not be employed by the county in a position that results in one relative being in the direct line of supervision of the other relative.
(2) An individual shall not be promoted to a position if the new position would cause his or her relative to be in the direct line of supervision of that individual.
(C) Exceptions to prohibition against nepotism.
(1) This section does not abrogate or affect an employment contract with the county that an individual is a party to and is in effect on the date the individual’s relative begins service a term of an elected office of the county.
(2) This section does not apply to individuals who are employed by the county on the date the individual’s relative begins serving a term of an elected office in the county and the individual is in the direct line of supervision of the newly elected official.
(3) This section does not apply to a spouse of the County Sheriff employed by the county as prison matron for the county under I.C. 36-8-10-5.
(4) This section does not apply to an individual who served as County Coroner, who is currently ineligible to serve due to term limits under Art. 6, § 2(c) of the Constitution of the state, has received certification under I.C. 36-2-14-22.3, and whose successor in the office of County Coroner is a relative.
(D) Impact of section of those individuals employed by the county on July 1, 2012.
(1) An individual who is employed by the county on July 1, 2012, is not subject to this section unless the individual has a break in employment with the county.
(2) The following are not considered a break in employment with the county:
(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; or
(b) The individual’s employment with the unit is terminated following by immediate reemployment by the unit, without loss of payroll time.
(E) Certification by elected official of the county. Each elected official of the county shall annually certify in writing, subject to the penalties for perjury, that the official has not violated this section. An elected official shall submit the certification to the Board of County Commissioners not later than December 31 of each year.
(F) Effective date. This section shall be effective upon passage.
(Res. 06-04-12, passed 6-4-2012)