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Warrick County, IN Code of Ordinances
WARRICK COUNTY, INDIANA CODE OF ORDINANCES
ADOPTING ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: PUBLIC SAFETY
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 31.10 DISCLOSURE OF CONTRACTS WITH RELATIVES.
   (A)   Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ELECTED OFFICIAL. A County Commissioner or County Council member.
      RELATIVE. Any of the following: spouse, parent or stepparent, a child or stepchild, brother, sister, stepbrother or stepsister, a niece or nephew, an aunt or uncle, or a daughter-in-law or son-in-law. 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)   Application to certain contracts.
      (1)   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 disclosure requirements under this section are satisfied.
      (2)   Contracts in existence at the time the term of office of the elected official begins are not affected until those contracts are renewed.
   (C)   Disclosure of contracts with relatives.
      (1)   An elected official whose relative enters into a contract with the county shall file a full disclosure of that contract.
      (2)   Disclosure statement must be in writing, describe the contract or purchase to be made by the county, describe the relationship that the elected official has to the individual or business entity that contracts or purchases, and be affirmed under penalty of perjury.
      (3)   Disclosure statement must be submitted to the Board of County Commissioners (County Council in Lake, St. Joseph and Marion Counties) and be accepted by the Board (Council) in a public meeting prior to final action on the contract or purchase.
      (4)   Disclosure statement must be filed not later than 15 days after final action on the contract or purchase with the State Board of Accounts, and the Warrick County Clerk of the Circuit Court.
   (D)   Actions by Board of Commissioners or appropriate agency. The Board of County Commissioners or an appropriate agency of the county designated by the Board of County Commissioners shall make a certified statement that the contract amount or purchase price was the lowest amount or price bid or offered or make a certified statement of the reasons why the vendor or contractor was selected.
   (E)   Certification by elected officers of the county. Each elected officer of the county shall annually certify in writing, subject to the penalties for perjury, that the officer has not violated this section. An elected officer shall submit the certification to the Board of County Commissioners not later than December 31 of each year.
(BC Res. 2012-08, passed 6-11-12)
§ 31.11 NEPOTISM PROHIBITED.
   (A)   Definitions. The following definitions shall apply in the interpretation and the enforcement of this section.
      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) shall not be considered employment by the county.
      RELATIVE.
         (a)   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.
         (b)   An adopted child of an individual shall be 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 their relative to be in the direct line of supervision of that individual, unless that individual is otherwise exempt under I.C. 36-1-20.2 et seq.
      (3)   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 serving a term of an elected office of the county.
      (4)   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.
      (5)   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.
      (6)   This section does not apply to an individual who served as County Coroner, is currently ineligible to serve due to term limits under Article 6, § 2(b) of the State Constitution, has received certification under I.C. 36-2-14-22.3, and whose successor in the office of County Coroner is a relative.
   (C)   Impact of section on those individuals employed by county on July 1, 2012. 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. The following are not considered a break in employment with the county:
      (1)   The individual is absent from the workplace while on paid or unpaid leave, including vacation, sick, or family medical leave, or worker’s compensation.
      (2)   The individual’s employment with the unit is terminated followed by immediate reemployment by the unit, without loss of payroll time.
   (D)   Certification by elected officers of the county. Each elected officer of the county, exclusive of judges and the County Prosecutor, shall annually certify in writing, subject to the penalties for perjury, that the officer has not violated this section. An elected officer shall submit the certification to the Board of County Commissioners not later than December 31 of each year.
(BC Res. 2012-07, passed 6-11-12; Am. BC Res. 2014-04, passed 2-10-14)
§ 31.12 CELL PHONE USAGE.
   Cell phones, service contracts and certain usage of said cell phones shall be provided and paid for by the Commissioners for those county departments, office holders and staff that the Commissioners may approve from time to time. Basic equipment charges and cell phone services that are contracted for by the Commissioners shall be paid by the Commissioners from their annual budget. Any charges for equipment, services or other upgrades in addition to the contracted for amount shall be the sole responsibility of the department or office holder who elects such additional equipment or services.
(BC Res. 2014-10, passed 12-8-14)
§ 31.13 CONFLICT OF INTEREST POLICY AND MINIMUM THRESHOLD.
   The Board of Commissioners of Warrick County, Indiana, hereby establishes a conflicts of interest policy for all Warrick County officials and employees wherein Warrick County officials and employees are bound by the duties of their office or employment to avoid any and all conflicts of interest, but that the dollar threshold of $200 is hereby established for any single event, meeting or function, below which any financial interest or value of any gratuity is not considered substantial and may be accepted.
(BC Ord. 2017-03, passed 2-27-17)
§ 31.14 USE OF COUNTY VEHICLES AND FRINGE BENEFIT POLICY.
   (A)   County vehicles in general. Warrick County owns various motor vehicles and may from time to time in its discretion provide a motor vehicle to a county employee to be utilized for county business. A Warrick County motor vehicle is property of the county and an employee that is assigned to a county motor vehicle is expected to follow all rules and regulations pertaining to the use of that county owned motor vehicle including the duty to operate the motor vehicle safely and according to all state and local laws, and to display reasonable care and prudent behavior when operating and maintaining an assigned county vehicle.
   (B)   Personal use of county vehicles; prohibitions. Personal use of a Warrick County vehicle is defined as all use not for county business and includes commuting to and from work on a daily basis even if the county requires the employee to take the vehicle home. Under the Internal Revenue Code and IRS rules and regulations, personal use of a county vehicle is a taxable fringe benefit to the employee. It is the policy of Warrick County that personal use of a county vehicle, other than commuting and other de minimis personal use, is prohibited.
   (C)   Qualified non-personal use vehicles. All county vehicles which are otherwise classified as qualified non-personal use vehicles, as that term is defined in IRS Publication 15B and as designated by the County Commissioners, are exempt from this section such that a county employee using such qualified non-personal use vehicle may be eligible for a working condition benefit as provided by law.
   (D)   Calculation of taxable fringe benefit to employee; commuting valuation rule. Pursuant to IRC § 274 and Internal Revenue Service guidelines, as may be amended from time to time, the commuting valuation rule may be utilized for reporting of taxable value of employer provided take home vehicles. Warrick County will add the personal value of a county provided vehicle to the taxable wages of the employee and will so report that attributed income for tax purposes for the daily round trip for the commutation of the employee from work to home and from home to work on regularly-scheduled work days. Days not worked including sick or vacation days, if reported on the employee’s salary schedule, shall not have use imputed to them for those days off work.
(BC Ord. 2017-05, passed 3-13-17; Am. BC Ord. 2022-22, passed 9-12-22)
§ 31.15 PHOTO IDENTIFICATION POLICY.
   (A)   (1)   Each employee, regardless of department, office, or position, is required to wear and/or carry on their person their official photo ID badge during the employee's scheduled work hours. Employees are further encouraged to wear their photo ID badges when present at official Warrick County functions, such as Warrick County Commissioners meetings or Warrick County Council meetings.
      (2)   Elected officials are also encouraged to participate in the Personnel Photo Identification Badge Policy.
      (3)   However, an employee whose name and department or office are displayed on their shirt is not required to display their photo ID badge, but is nevertheless still required, during scheduled work hours, to carry their photo ID badge on their person, such as in one's wallet or purse.
   (B)   An employee may request to have only their first name printed on the front of his or her photo ID badge, so long as the employee's full name is printed on the back of the photo ID badge. Such request can be made in advance by the employee to the Sheriff’s Department Technician or the Emergency Management Agency Office.
   (C)   Each employee is required to wear their photo ID badge on their upper torso in a manner that makes the photo ID badge clearly visible to others. This provision does not apply to an employee whose uniform or shirt clearly displays the employee's name and department.
   (D)   Continued failure of an employee to wear and/or carry their photo ID badge in accordance with this policy may result in disciplinary action against the employee. Any disciplinary action taken against the employee under this provision will be at the discretion of the employee's supervisor having disciplinary authority.
   (E)   An employee is required to replace their lost, stolen, or damaged photo ID badge as soon as is practicable. An employee whose photo ID badge is lost, stolen, or damaged shall immediately notify the employee's supervisor. The supervisor must then contact the Warrick County Sheriff’s Department or the Emergency Management Agency Office to arrange for a replacement photo ID badge to be issued to the employee. An employee required to replace their photo ID badge shall be charged the following fee(s) for the replacement of the employee's lost or damaged identification badge:
      (1)   There shall be no fee charged to an employee for the replacement of employee's photo ID badge due to damage or wear and tear resulting from normal use.
      (2)   Employee shall be charged $5 for the replacement of employee's lost or stolen non-proximity badge.
      (3)   Employee shall be charged $15 for the replacement of employee's lost or stolen proximity badge.
   (F)   An employee, or an employee's supervisor, may arrange for photos for the employee's photo ID badge to be taken at, and the photo ID badge itself to be issued from, either the Warrick County Sheriff’s Department or the Warrick County Emergency Management Office. The county shall provide transportation to the Sheriff’s Department or the EMA Office for any employee who requests such transportation for the purpose of taking a photo for the employee's photo ID badge.
(BC Res. 2018-07, passed 2-12-18)
§ 31.99 PENALTY.
   (A)   Any person who violates any provision of this chapter for which no specific penalty is provided shall be subject to the provisions of § 10.99.
   (B)   (1)   Any elected official in elected offices or appointed superior in appointed offices who violates § 31.01 shall, upon conviction thereof, have imposed a civil fine and be required to pay the costs of the action. The fine for the first violation shall be $500. The fine for the second or any subsequent violation shall be $2,500. Said penalties shall not be suspended.
      (2)   Each day’s violation of § 31.01 shall constitute a separate offense.
      (3)   Jurisdiction for the enforcement of § 31.01 shall lie either with the circuit or superior courts.
      (4)   Actions to enforce the penalties of § 31.01 shall be brought in the name of the county and prosecuted by either the County Prosecuting Attorney or the County Attorney as directed by the Board of Commissioners.
(BC Ord. CO-1982-1, passed 10-15-82)