GENERAL EMPLOYEE POLICIES

§ 31.15 RETIREMENT BENEFITS FOR EMPLOYEES.

   (A)   PERF Hybrid Plan or PERF My Choice: Retirement Savings Plan.

      (1)   If you are a new employee and your employer chooses to participate in PERF, you have 60 days from your date of hire to choose between two retirement options:

         (a)   PERF Hybrid Plan (Defined Benefit (DB) plus a Defined Contribution (DC)); or

         (b)   PERF My Choice: Retirement Savings Plan (DC plan).

      (2)   If you do not choose within 60 days, you will be defaulted to the plan that your employer has chosen as the default plan. If your employer does not participate in the PERF My Choice Plan, you will be enrolled into the PERF Hybrid Plan.

      (3)   (a)   Note: the State of Indiana has chosen PERF Hybrid Plan as the default plan. If your position is not with the state of Indiana, the default is whatever plan your employer has chosen as the default.

         (b)   Your election, or default, is irrevocable so be sure to make an informed decision within the 60-day election period.

   (B)   Eligibility.

      (1)   Your employer chose to join PERF and decided which positions would be covered under the PERF Plan.

      (2)   You qualify for PERF when you begin working in a position your employer covers with PERF benefits.

      (3)   If you are an employee of the state and you are not statutorily assigned to another pension fund (or excluded from coverage), or you are an employee (who is not excluded from coverage) of a participating local government that offers hybrid or both and are working in a covered position, you have the option to become a member of the PERF Hybrid Plan or the PERF My Choice: Retirement Savings Plan (formerly the ASA Only Plan).

      (4)   For a position to be PERF-covered, making you eligible for membership, the position must be:

         (a)   A non-excluded position as noted in I.C. 5-10.3-7;

         (b)   Specified in a resolution passed by the employer's governing body; or

         (c)   Not covered by another public retirementor pension plan (except Social Security or the Prosecuting Attorneys' Retirement Fund (PARF), established by I.C. 33-39-7-9).

      (5)   For details about the PERF My Choice: Retirement Savings Plan, refer to the PERF My Choice: Local Government Employees Member Handbook or the PERF My Choice: State Employees Member Handbook.

(Ord. passed 12-11-2000; Ord. passed - -)

Editor’s note:

   The town is a member of the Indiana Public Retirement System/Public Employees’ Retirement Fund (INPRS/PERF) and should follow their guidelines related to employee retirement benefits.

§ 31.16 CONFLICT OF INTEREST; NEPOTISM.

   (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, and in contracting with the town, in order to continue to be able to provide local government services to its residents and to comply with the new laws effective July 1, 2012, known as I.C. 36-1-20.2 and I.C. 36-1-21, respectively.

   (B)   On July 1, 2012, the town shall have a Nepotism and a Contracting with a Unit by a Relative policy that complies with the minimum requirements of I.C. 36-1-20.2 (hereinafter “Nepotism Policy”) and I.C. 36-1-21 (hereinafter “Contracting with a Unit by a Relative Policy”) and implementation will begin on said date.

   (C)   The town’s Nepotism Policy is hereby established effective July 1, 2012 by adopting the minimum requirements provision of I.C. 36-1-20.2, and including all future supplements and amendments thereto which become law from time to time, and making them apart hereof as if fully set out herein.

   (D)   The town’s Contracting with a Unit by a Relative Policy is hereby established effective July 1, 2012 by adopting the minimum requirements provision of I.C. 36-1-21, 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.

   (E)   The town finds that both I.C. 36-1-20.2 and I.C. 36-1-21 specifically allow a unit to adopt requirements that are “more stringent or detailed”, and that more detailed are necessary.

   (F)   The town further finds that a single member of the legislative body cannot act for the body to make work assignments, compensation, grievances, advancement, or a performance evaluation without prior authority of a majority of the body, and therefore, without such authority by the majority, he or she will not be in the direct line of supervision. (See I.C. 36-4-6-11 and I.C. 36-5-2-9.4.)

   (G)   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 statue 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.

   (H)   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, and demonstrating compliance with the same policies.

   (I)   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 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 either the Nepotism Policy or the Contracting with Unit by a Relative Policy may be subject to action allowed by law.

   (J)   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 mandate certifications of either the Nepotism Policy or the Contracting with Unit by a Relative Policy, may be subject to action allowed by law.

   (K)   (1)   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 at least one of the locations in the town where it posts employer posters or other notices to its employees;

         (b)   Providing a copy of this section to its employees and elected or appointed officials;

         (c)   Providing or posting a notice of adoption of this section; and/or

         (d)   Any such other action or actions that would communicate the policies established by this section to its employees and elected and appointed officials.

      (2)   Upon taking any of these actions, these policies are deemed implemented by the town.

   (L)   Two copies of I.C. 36-1-20.2 and I.C. 36-1-21, and as supplemented or amended, are on file in the office of the Town Clerk-Treasurer for the town for public inspection as maybe required by I.C. 36-1-5-4.

(Prior Code, § X.2)

§ 31.17 INTERNAL CONTROL STANDARDS.

   The town adopts, as policy, the internal control standard as set forth by the State Board of Accounts Uniform Internal Control Standards for State Political Subdivisions manual, as expressly written and published by the State Board of Accounts in September 2015, as amended from time to time. In order to implement these standards, there is established an Internal Control Standards Oversight Committee. This Committee will consist of a Town Council member and the Town Clerk-Treasurer. All officers, elected officials, and employees are required to comply with the policy. Employees who fail to comply with this policy are subject to discipline, including, but not limited to, termination of their employment.

(Prior Code, § X.3)

SUBSTANCE ABUSE POLICY

§ 31.30 PRE-EMPLOYMENT SUBSTANCE SCREENING.

   (A)   All applicants for full-time positions with the town are required to submit to a medical examination prior to their appointment to a town position. As part of this medical examination, prospective employees will be screened for a range of chemical substances. Said chemical substances shall include, but not be limited to, the following:

      (1)   Amphetamine/methamphetamine (for example, speed);

      (2)   Benzodiazepines (for example, valium, librium, dalmane, or ativan);

      (3)   Barbiturates (for example, am barbital, butbarbital, pentobarbital, or phenobarbital);

      (4)   Cocaine;

      (5)   Methadone;

      (6)   Methaqualone (for example, quaalude);

      (7)   Opiates (for example, codeine, heroin, or morphine);

      (8)   Phencyclidine (also known as PCP);

      (9)   THC (marijuana and other cannabanoids); and

      (10)   Alcohol.

   (B)   These drug groups were selected based upon known abuse in the town and surrounding areas, and the ability of each drug to adversely affect physical and mental performance. All of the above listed controlled substances are illegal under state and federal law.

   (C)   At the time of the medical examination applicants for full-time employment will be told of the substance or controlled substance and alcohol screening and will be required to sign a consent form. Applicants who refuse to consent to substance screening, or who attempt to tamper with screening samples, will not be eligible for employment with the town.

   (D)   An applicant whose initial substance screen shows a positive result will have said result confirmed by additional studies.

      (1)   If the second screen of the same sample shows a negative result, the individual will not be disqualified from town employment on account of the substance screen. If the second test confirms the positive test result, the applicant may be disqualified from consideration for town employment. The applicant will be notified of the positive results from the second screen and be given the opportunity, at the applicant’s expense, to have a third screen conducted on the same sample within 72 hours after the applicant is notified of the results of the second screen.

      (2)   If this final screen again confirms the positive test result, the prospective employee will be disqualified from employment with the town. All screens will be made on the same sample by a firm selected by the town. An applicant whose test shows positive result will have 24 hours after receiving such notification of positive tests results to provide verification of a current valid prescription in the applicant’s name.

(Prior Code, § X.1)

§ 31.31 EMPLOYEE RESPONSIBILITIES.

   (A)   Employees who have a substance abuse problem are expected to obtain treatment and counseling through community mental health or a treatment center approved by the town. Information on the employee’s visit will be reported to the supervisory personnel of the employee’s work department only upon the approval of the employee. Given the importance of maintaining a work environment without the presence of alcohol and drugs, and the opportunities that employees have to address substance dependencies through treatment and counseling programs offered through various treatment facilities, substance abuse which adversely affects job performance will not be tolerated. This applies to on duty employees as well as employees who are on call.

   (B)   Employees whose on or off duty use of substances impacts job performance will be appropriately disciplined including, but not limited to, the sanction of termination from employment with the town.

   (C)   EMPLOYEE RESPONSIBILITIES include, but are not necessarily limited to, the following:

      (1)   An employee must not report to work or be subject to duty while his or her ability to perform job duties is impaired due to alcohol or illegal drug use, on or off duty;

      (2)   An employee shall not possess or use, or have the odor of alcohol or illegal drugs on his or her breath during working hours, on breaks, during meal periods, while on town property in an official capacity, or while operating any town vehicle or machinery;

      (3)   An employee shall not directly, or through a third party, sell or provide illegal drugs or alcohol to any person, or to any other employee while either or both employees are on duty, or on call;

      (4)   An employee shall submit immediately to reasonable request for alcohol or drug analysis when requested by a first line supervisor and/or department head; and

      (5)   An employee shall notify his or her supervisor, before beginning work, when taking any medication or drugs, prescriptions or non-prescription, which may interfere with the safe and effective performance of duties or operations of town equipment, and provide within 24 hours of request a current valid prescription of any drug or medication identified when a drug screen/analysis is positive. The prescription must be in the employee’s name.

(Prior Code, § X.1)