RESOLUTION NO. 2012-14
TOWN COUNCIL OF LEO-CEDARVILLE
RESOLUTION ADOPTING AN ANTI-NEPOTISM POLICY FOR THE TOWN OF LEO-CEDARVILLE IN COMPLIANCE WITH INDIANA CODE CHAPTERS 36-1-20.2 AND 36-1-21
WHEREAS, the Indiana General Assembly adopted Indiana Code Chapters 36-1-20.2 and 36-1-21, which become effective July 1, 2012; and
WHEREAS, I.C. 36-1-20.2 and I.C. 36-1-21 require the Town Council President, as part of the Town’s annual Personnel Report filed with the State Board of Account under I.C. 5-11-13-1, to certify that the Town has adopted an Anti-Nepotism policy at least as strict as I.C. 36-1-20.2 and a contracting policy at least as strict as I.C. 36-1-21; and
WHEREAS, failure to adopt such policies and to certify them to the State Board of Accounts as required will prohibit the Indiana Department of Local Government Finance from approving the Town’s Budget for any subsequent calendar year or from approving any additional appropriations for the current calendar year.
NOW THEREFORE, be it resolved by the Town Council of the Town of Leo-Cedarville, Indiana that:
Pursuant to I.C. 36-1-20.2 and I.C. 36-1-21, the Town Council hereby declares the following to be official policies of the Town of Leo-Cedarville Indiana:
Definitions: The following definitions apply throughout this resolution:
|(1)||“Government Employee” means an employee of the Town of Leo-Cedarville. The term does not include an individual who holds an elected office. The term does not include a volunteer board position with the Town.|
|(2)||The phrase “direct line of supervision” means 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.|
|(3)||The term “employed” means an individual who is employed by the Town on a full-time, part-time, temporary, intermittent, or hourly basis. The term includes an individual who is a party to an employment contract with the Town. The term does not include a person who holds an elected office. The term does not include the performance of duties of (a) a precinct election officer (as defined in I.C. 3-5-2-40.1) that are imposed by Indiana Code, Title 3., or (b) the performance of duties of a volunteer firefighter.|
|(4)||The term “relative” means a spouse, parent, step-parent, grand-parent, child (biological or adopted), step-child, sibling, half-sibling, step-sibling, niece or nephew, aunt or uncle, daughter-in-law or son-in-law, mother-in-law or father-in-law.|
POLICY ONE: ANTI-NEPOTISM:
Individuals who are relatives may not be employed by the Town in a position that results in one (1) relative being in the direct line of supervision of the other relative.
An individual who is employed by the Town of Leo-Cedarville on July 1, 2012 is not subject to this policy, unless the individual has a break in employment with the Town.
The term “Break in Employment” shall not include paid or unpaid leaves of absence for vacation, sick time, family or medical leave, nor shall it include any situation where an employee is terminated, but immediately re-employed by the Town without a break in payroll time.
An individual who has been employed by the Town for more than ninety (90) days, and who is employed by the Town, when a relative of the individual begins serving a term of an elected office of the unit, may remain employed by the Town even if the relative is in the direct line of supervision of the individual. However, such individual may not be promoted to a position if the new position would be in the direct line of supervision by the relative.
Nothing in this policy shall abrogate or affect the terms of an employment contract between an individual and the Town that is in effect on the date the individual’s relatives begin serving a term of an elected office.
POLICY TWO: CONTRACTING RESTRICTIONS:
The Town may enter into a contract or renew a contract for the procurement of goods and services or 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:
|(1)||The provisions of I.C. 35-44-1-3 are not violated; and|
|(2)||The elected official issues a public disclosure if required by I.C. 35-44-1-3; and|
|(3)||The elected official files a full disclosure with the Town, which must|
|a.||Be in writing;|
|b.||Describe the contract or purchase to be made by the unit;|
|c.||Describe the relationship that the elected official has to the individual or business entity that contracts or purchases;|
|d.||Is affirmed under the penalties of perjury;|
|e.||Is submitted to the Town Council and accepted by the Town Council in a public meeting prior to the final action on the contract or purchase; and|
|f.||Is filed, not less than fifteen (15) days after final action on the contract or purchase with the State Board of Accounts and the Clerk of the Allen County Circuit Court; and|
|(4)||The appropriate agency or officer of the Town:|
|a.||Issues a written, certified statement that the contract amount or purchase price was the lowest amount, price, or bid offered; or|
|b.||Issues a certified statement if the reason why the vendor or contractor was selected; and|
|(5)||The Town otherwise complies with the provisions of I.C. 5-22 (Public Purchases) and I.C. 36-1-12 (Public Works Projects) and the Town’s Purchasing Ordinance.|
This policy does not affect the initial term of a contract in existence at the time of the term of office of the elected official begins.
POLICY THREE: TOWN OFFICERS AS TOWN EMPLOYEES:
Pursuant to I.C. 3-5-9-5, an individual who assumes an elected office of the Town of Leo- Cedarville, is considered to have resigned from any position of employment that the individual held with the Town of Leo-Cedarville except that individuals who assume or hold an elected office on January 1, 2013 may continue to hold the elected office and remain employed by the Town until the term of office that the elected official is serving on January 1, 2013 expires.
Each elected officer of the Town shall annually certify in writing, subject to the penalties of perjury, that the officer has not violated this policy. Such certification shall be submitted to the Town Council President no later than December 31st of each year. The Town Council President shall submit all written certifications to the Clerk Treasurer, who shall maintain such certifications in a file.
These policies shall not be construed in a manner that is broader than the requirements of I.C. 36-1-20.2 or I.C. 36-1-21. Any provision of this policy that is interpreted to be more permissive than required by those statutes (as they are interpreted by the courts) shall be null and void and the remaining portions of this policy shall remain in effect.
This policy shall take effect immediately upon the passage of this Resolution by the Leo-Cedarville Town Council, and shall remain in effect unless modified or repealed by subsequent Resolution or Ordinance.
Passed and adopted by the Town Council of the Town of Leo-Cedarville, Indiana on this 12th day of June , 2012.
| John Clendenen
| Paul Steffens
CERTIFICATION OF COMPLIANCE
WITH ANTI-NEPOTISM POLICY
The Undersigned, being a duly elected officer of the Town of Leo-Cedarville, Indiana, in compliance with Indiana Code Section 36-1-20.2-16, hereby certifies that he/she has not violated Indiana Code Title 36, Article I, Chapter 20.2 and has fully complied with the Town’s anti- nepotism policy set forth in Town Resolution 2012-14.
I affirm under the penalties of perjury that the foregoing statement is true.