top of page
Search

Ordinance - Nepotism

TOWN OF WOLCOTT

Ordinance No. 2012-03


An Ordinance to Establish an Anti-Nepotism Policy



Whereas, in 2012 the Indiana Legislature passed, and the Governor signed, HEA 1005 entitled Nepotism; Conflict of Interest;


Whereas, IC 36-1-20.2, as added by P.L. 135-2012, SECTION 7, requires the Town of Wolcott to establish a policy concerning nepotism;


Whereas, IC 36-1-21, as added by P.L. 135-2012, SECTION 8, requires the Town of Wolcott to establish a policy concerning contracting with relatives of elected officials;


Whereas, these two new chapters, IC 36-1-20.2 Nepotism and IC 36-1-21 Contracting with a Unit, respectively, are effective July 1, 2012;


Whereas, in both of the new Indiana Code chapters, the municipal legislative bodies are mandated to adopt a policy that includes, as a minimum, the requirements set forth in those new chapters;


Whereas, in both of the new Indiana Code chapters “relative” is defined as a spouse, parent, stepparent, child (natural or adopted), stepchild, brother, half- brother, sister, half-sister, stepbrother, stepsister, niece, nephew, aunt, uncle, daughter-in-law or son-in-law;


Whereas, after thoughtful consideration and in order to comply with the two new chapters of the Indiana Code mentioned above, the Wolcott Town Council believes it is in the best interests of its citizens to adopt as its policies the minimum requirements of IC 36- 1-20.2 Nepotism and IC 36-1-21 Contracting with a Unit as stated in the said new chapters of the Indiana Code; and


NOW, THEREFORE, the Town Council of Wolcott states as follows:


1. 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 of Wolcott and in contracting with the Town of Wolcott 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 IC 36-1-20.2 and IC 36-1-21, respectively.


2. On July 1, 2012 the Town shall have a Nepotism and a Contracting with a Unit policy that complies with the minimum requirements of IC 36-1-20.2 (hereinafter “Nepotism Policy”) and IC 36-1-21 (hereinafter “Contracting with a Unit by a Relative Policy”) and implementation will begin.


3. The Town of Wolcott Nepotism Policy is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of IC 36-1-20.2, 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. In addition a copy of IC 36-1-20.2 Nepotism in effect on July 1 is attached hereto.


4. The Town of Wolcott Contracting with a Unit by a Relative Policy is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of IC 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. In addition a copy of the IC 36-1-21 Nepotism in effect on July 1 is attached hereto.


5. The Town finds that both IC 36-1-20.2 and IC 36-1-21 specifically allow a unit to adopt requirements that are “more stringent or detailed” and that more detailed are necessary.


6. 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/she will not be in the direct line of supervision. See, [IC 36-4-6-11] [IC 36-5 -2-9.4].


7. The Town finds that a single member of governing bodies with authority over employees in the Town of Wolcott 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.


8. 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 Ordinance and demonstrating compliance with these same policies.


9. 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 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 the Nepotism Policy may be subject to action allowed by law.


10. 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 mandated certifications of the Contracting with Unit by a Relative Policy may be subject to action allowed by law.


11. The polices created by this Ordinance are hereby directed to be implemented by any of the following actions: a) posting a copy of this Ordinance in its entirety in at least one of the locations in the Town of Wolcott where it posts employer posters or other notices to its employees; b) providing a copy of this Ordinance to its employees and elected and appointed officials; c) providing or posting a notice of the adoption of this Ordinance; or d) any such other action or actions that would communicate the polices established by this Ordinance to its employees and elected and appointed officials. Upon the taking of any of these actions the policies are deemed implemented by the Town.


12. A copy of the provisions of IC 36-1-20.2 and IC 36-1-21 effective July 1, 2012 are annexed hereto.


13. Two (2) copies of IC 36-1-20.2 and IC 36-1-21, and as supplemented or amended, are on file in the office of the Clerk-Treasurer for the Town of Wolcott for public inspection as maybe required by IC 36-1-5-4.


14. The invalidity of any section, clause, sentence or provision of this Ordinance shall not affect the validity of any other part of this Ordinance, which can be given effect without such invalid parts or parts.


15. This ordinance shall be in full force and effect as of July 1, 2012.


PASSED AND ADOPTED by the Town Council of the Town of Wolcott, Indiana on this 19th day of June, 2012.

TOWN COUNCIL, TOWN OF WOLCOTT, INDIANA


Aye Nay

Marsha L. Mackey, Council President Marsha L. Mackey, Council President



Jon H. Evans, Council Vice President Jon H. Evans, Council Vice President



Richard A. Lynn, Council Member Richard A. Lynn, Council Member



Fred A. Young, Council Member Fred A. Young, Council Member



Michael A. Yelton, Council Member Michael A. Yelton, Council Member




ATTEST:



________________

Linda S. Bajzatt, IAMC, CMC

Clerk-Treasurer

Recent Posts

See All

Ordinance - Open Burn

PUBLIC HEALTH AND SAFETY ORDINANCE NO. 3-2001 OPEN BURNING REGULATION WHEREAS, the Common Council of the Town of Wolcott has the authority to propose and adopt ordinances to improve the health and saf

Resolution - Transfer of Funds

Resolution 2022- Town of Wolcott, Indiana A RESOLUTION TO TRANSFER FUNDS OF THE TOWN OF WOLCOTT, WHITE COUNTY, INDIANA, FOR THE YEAR 2022 TO BALANCE FUNDS FOR COUNCIL ACTION PURSUANT TO IC 6-1.1-18-1

Resolution - Business Personal Property

Wolcott Town Council RESOLUTION NO. 2022-3-3 RESOLUTION OPPOSING LEGISLATION REGARDING THE BUSINESS PERSONAL PROPERTY TAX WHEREAS, the Indiana legislature proposed changes to the depreciation floor an

Comments


bottom of page