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(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)
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
(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)
(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)
(A) Town employees are subject to substance screening if there is a reasonable suspicion that while on duty that they are impaired. IMPAIRMENT is defined as being unable to perform their duties safely and completely due to the use of alcohol and/or controlled substances. REASONABLE SUSPICION is a belief based on objective facts sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of drugs or alcohol so that the employee’s ability to perform the functions of the job is impaired, or so the employee’s ability to perform his or her job safely is reduced.
(B) Observations which constitute a factual basis for determining reasonable suspicion may include, but are not limited to, the following:
(1) Odor of alcoholic beverage upon the employee’s breath;
(2) Erratic behavior;
(3) Violent mood swings;
(4) Excessive absenteeism;
(5) Repeated tardiness;
(6) Inability to walk a straight line;
(7) Open and obvious possession of alcohol and/or illegal controlled substances;
(8) Slurred speech; and/or
(9) An accident which is caused by the apparent action, or inaction, of the employee under circumstances giving rise to a reasonable inference that the accident was caused, or was a result of, the use of alcohol and/or illegal controlled substances.
(C) A supervisor who has reasonable suspicion that an employee is impaired by alcohol or other illegal controlled substances on the job will, with the approval of the department head, immediately arrange for a substance screening through the Town Hall personnel. If such a screening is required after normal business hours, the supervisor will make direct contact with the medical facility that has been designated to perform such screening for the town. Employees who are scheduled for a substance screening must be transported to the designated medical facility by the employee’s first line supervisor and/or department head. The testing for substances will be made on a sample provided at the clinic. The procedures for such sample collection and testing will be made based upon the medically accepted procedures developed by the chosen medical facility and, in order to ensure results of tests, no less than a highly sensitive methodology shall be utilized. Such testing shall be based on medically acceptable testing procedures, and shall include, but not necessarily be limited primarily to, tests utilizing enzyme amino acid techniques followed up by more specific confirmation testing, such as gas chromatography (GC) or gas chromatography/mass spectrophotometer (GCMS), or other highly sophisticated methods which are accepted by the medical facility and/or by the courts. After the sample is given as outlined above, the supervisor will see to it that the employee is safely transported home. In addition for alcohol testing, the facilities at the County Sheriff’s Department and the use of the Department’s Intoxilizer 5000 shall be a sufficient determination for blood alcohol content; provided statutorily approved procedures are followed.
(D) At the testing as outlined above, if the sample provides a negative result the conclusion will be that the sample contains no alcohol and/or a controlled substance. However, if the first screen shows a positive result, and a second screen using a more sophisticated testing technique shows a positive result, then the employee will be assumed to be under the influence of alcohol and/or illegal controlled substances. An employee whose test shows a positive result will have 24 hours after receiving notification of the positive result to provide a bona fide and verified current valid prescription which may have caused the positive result. The prescription must be in the employee’s name. The discipline for being under the influence of alcohol and/or non-prescribed controlled substances will be the basis for appropriate employee sanctions, including the sanction of termination. Such determination will be made on the basis of the employee’s prior work related history, previous disciplinary actions, and any prior identification of substance abuse problems. An employee who receives a positive result in substance abuse screening will receive, at a minimum, a three-day suspension without pay. Employees who refuse to submit to a substance screen when reasonable suspicion of substance abuse has been identified will be disciplined as outlined above. In addition to the disciplinary procedures as outlined above, and if an employee substance abuse problem has been identified, the supervisor and/or department head will immediately refer the employee to Community Mental Health Center for evaluation and treatment as recommended. Based on the determination of the designated personnel, to be designated by the Town Council, the employee may be required to undergo a drug/alcohol evaluation and treatment program as a condition of continued employment.
(Prior Code, § X.1)
The sale, distribution, and/or use of illegal substances by an employee while on duty, or during lunch breaks and other breaks, or at anytime while he or she is on the town’s work site or on town working time, constitutes cause for dismissal. Appropriate law enforcement agencies will be notified of any such sale, distribution, and/or use of illegal substances by employees.
(Prior Code, § X.1)
All employees who are using a prescription or non-prescription drug which may, in any way, impact their job performance must notify their supervisor. The town personnel director, department head, and/or supervisor may require a doctor’s statement if the employee indicates that there is need to use the prescription drug for an extended period of time.
(Prior Code, § X.1)
(A) The confidentiality of laboratory reports or test results shall appear in employee’s confidential file. Reports or test results may be disclosed to town department heads and supervisors on a strictly need to know basis, and to the tested employee upon request.
(B) Disclosures without employee consent may also occur when:
(1) The information is compelled by law or by judicial or administrative process;
(2) The information has been placed at issue, and there is a formal dispute between the employer and employee;
(3) The information is to be used in administering any employee benefit plan; and
(4) The information is needed by medical personnel for the diagnosis or treatment of the employee who is unable to authorize such disclosure.
(Prior Code, § X.1)