County Commissioner Ordinance - June 2012_: _ .
GIBSON COUNTY COMMISSIONERS ORDIN,�\'CE NO. 2012-5
AY ORDINANCE AD�ENDING THE COUNTY OF GIBSON, INDLINA
PERSO\NEL POLICIES HANDBOOK
R'HEREAS [he Counry of Gibson, Indiana is an Equal Opportuniq• Employer, and
VIrHEREAS it is the intent of Gibson Counn�, Indiana to comply with applicable federal and
State of Indiana employment la���s and reeulations,
�1'HEREAS the Counh• of Gibson, Indiana provides Gibson County emplo�-ees ���ith
information about established terms and conditions of employment and employee benefiu, and
�VHEREAS it is necessan� ro amend the County Personnel Polic�• from time-ro-time.
NOR'. THEREFORE BE (T ORDAINED AND ESTABLISHED BY THE COUNTY OF
GIBSO\. IIdDIANA BOARD OF C0�91�•1ISSIONERS THAT:
The Counh� of Gibson, [ndiana Personnel Policies Handbook adop[ed on December U, 2010 is amended this
�'� da�• of June, 2012 as specified in the attached section regarding Nepotism, Elective Officers and Counn�
Employment Restricted, and Contractine ���ith the County. The attached section and replacemen[ page(s) are
hereb�� adopted and shall be in full force and effect on and after adoption; and shall supersede existing oral or
«�ritten personnel policies and procedures.
BOARD OF COMMISSIONERS
GIBSON COUNTY, L�'DIANA
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Bob To�ansend, Commissioner
ATTEST:
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C.T. Montgomeq�, u i r
2012�J40�J2960
Filed t'or Record in
r,IBSON COUNTY� INGIANA
DEBEIE S 6lETHINGTOH, kECORDEk
OS-OS-2012 At 01=52�53 ar,.
COUN7Y ORD .Oii
I�strument PG 1 OF
2012000D2960
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Instruaent FG 2 OF 3
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NEPOTISM
Effective July l, 2012 Indiana Code 36-1-20.2 specifies that relatives may not be
employed by the County in positions that result in one relative beine in the direct line of
supervision of the other relative. An employee who is emploved by the County as of
June 30, 2012, is not subject to the nepotism provision unless ihe employee has a break in
employment �i�ith this County in the future.
This nepotism policy does not apply to the County Sheriffs spouse employed as the Jail
Matron or to relati��es of the Countv Coroner who have previously served as the County
Coroner.
Direct line of supervision is defined as an elected officer or employee who is in a position
to affect the terms and conditions of another individual's employment, induding making
decisions about work assignments, compensation, grievances, advancement, or
performance evaluation.
Indiana Code defines relati��e to include a spouse; a parent or step-parent; a child or step-
child; a brother, sister, step-brother, or step-sister; a niece or nephe�i; an aunt or uncle; a
daughter-in-law or son-in-lau; an adopted child; and a brother or sister by half blood.
Each elected office holder of the County shall annually certify in writing that the officer
is in compliance with the nepotism policy under Indiana Code 36-1-20.2. Such
certification must be submitted to the Count}� Commissioners not later than December 31
of each yeaz.
An elected official or department head that is in violation of this policy may be subject to
penalties for perjury �i�hich is a class D felony with up to three (3) years prison sentence.
The County's failure to adopt policies under Indiana Code 36.1.20.2 (Nepotism) will
result in the Department of Local Govemment Finance not approving the County's
budget or any additional appropriations for the ensuing calendar yeaz until the State
Boazd of Accounts certifies the County is in compliance.
ELECTIVE OFFICER AlVD COUNTY EMPLOYMENT RESTRICTED
Effective January 1, 20li Indiana Code 3-�-9 specifies that a Counry employee is
considered to have resigned from employment with the County if the employee assumes
the elected executive office of the County or becomes an elected member of the County's
legislative or fiscal body.
A volunteer firefighter may not assume or hold a position on the executive, legislative, or
fiscal body of the Counn� if the Counn� receives fire protection services from the
department in �vhich the volunteer firefiehter sen�es. Fire protection services provided
under mutual aid agreements aze excluded. An employee or volunteer who assumes or
holds an elected office on January 1, 20li may continue to hold the office and be
employed by the County or serve as a volunteer firefighter until the expiration of the term
of office.
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CONTRACTING W[TH THE COUNTY
I�strun?nt PG 3 OF 3
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Effective July I, 2012 Indiana Code 36-1-21 states that the Counri� may enter into a
contract or renew a contract for the procurement of goods and sen�ices or a contract for
public works with: (1) an individual who is a relative of an elected official or; (2) a
business entity that is wholly or partiallv o�timed b}� a relative of an elected official only if
the elected official files a full disclosure �vhich must:
• Be in ��Ti[ing
• Describe the contract or purchase
• Describe the relationship of the official to the business
• Be affirmed under penalty of perjury
• Be submitted ro the legislative bodv prior to final action
• Be filed (within IS days of final action) with the State Boazd of Accounts and
the County Clerk.
If a contract is entered into �vith a relative the appropriate aeency of the County shall
make a certified statement that the contract amount or purchase price was the lowest
amount or price offered or make a certified statement of the reasons why the vendor or
contractor was selected. Contracts in existence prior to July 1, 2012 are excepted.
An elected official that is in violation of this policy may be subject to penalties for
perjury ��hich is a class D felon}� with up to three (3) years prison sentence. The
County's failure to adopt policies or failure to include a statement in the R-100 Personnel
RepoR under Indiana Code 36-11-21 (Contracting with a Unit) will result in the
Department of Local Govemment Finance not approving the County's budget or any
additional appropriations for the ensuing calendar yeaz.