(A) The town “Nepotism Policy” as required by I.C. 36-1-20.2 and the town “Contracting with a Unit by Relative Policy” as required by I.C. 36-1-21 as updated shall be implemented by adopting the minimum requirement provisions of I.C. 36-1-20.2 and I.C. 36-1-21. A copy of I.C. 36-1-20.2 and I.C. 36-20-21 is attached to Resolution Number 2015-1.
(B) 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.
(C) 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).
(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 including but not limited to the Park Board, Plan Commission, Board of Zoning Appeals, Economic Development Commission and Redevelopment Commission.
(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 this Resolution and demonstrating compliance with these same policies.
(F) Failure to abide by or cooperate with the implementation, compliance and certifications connected with the nepotism policy is a violation thereof 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 mandated certifications of either the nepotism policy or the contracting with unit by a relative policy may be subject to action allowed by law.
(G) 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 thereof and may result in the discipline, including termination, of an employee 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 mandated certifications of either the nepotism policy or the contracting with unit by a relative policy may be subject to action allowed by law.
(H) The polices created by this section are hereby directed to be implemented by any of the following actions:
(1) Posting a copy of this section in its entirety in at least one of the locations in the Town Hall where it posts employer posters or other notices to its employees;
(2) Providing a copy of this section to its employees and elected and appointed officials;
(3) Providing or posting a notice of the adoption of this section; or
(4) Any such other action or actions that would communicate the polices established by this section to its employees and elected and appointed officials. Upon any of taking these actions these policies are deemed implemented by the Town of Yorktown, Indiana.
(I) A copy of the provisions of I.C. 36-1-20.2 and I.C. 36-1-21 effective July 1, 2012 are annexed to Resolution 2015-1.
(J) 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 Clerk-Treasurer for the Town of Yorktown, Indiana, for public inspection as maybe required by I.C. 36-1-5-4.
(Res. 2015-1, passed 1-20-2015)